PART II  CODE OF ORDINANCES - Chapter 40

ZONING*

*Charter references: Powers over zoning, ch. II, § 3.
Cross references: Any ordinance pertaining to rezoning saved from repeal, § 1-12(15); administration, ch. 2; buildings and building regulations, ch. 6; environment, ch. 10; fences, walls and hedges, ch. 12; land divisions and subdivisions, ch. 16; planning, ch. 26; streets, sidewalks and other public places, ch. 30; vegetation, ch. 38.
State law references: Authority to regulate land use, MCL 125.581 et seq.; municipal planning, MCL 125.31 et seq.
 

ARTICLE I.  IN GENERAL

Sec. 40-1.  Policy.
In accordance with and pursuant to the authority and intent of Public Act No. 207 of 1921, (MCL 125.581 et seq.), the village is desirous of providing for the orderly development of the village which the village council deems essential to the well-being of the community and which will protect and preserve its residents and recognized land uses. The policy of the village council is to meet the needs of the community's residents for food, fiber, energy and other natural resources, and to provide for desirable residential housing, recreation, service and other uses of land, while imposing limitations to prevent or discourage the inappropriate design or character of buildings, the overcrowding of land, the congestion of population, and the imposition of unnecessary burdens upon transportation systems and other public facilities. By this chapter the village council intends to facilitate adequate and efficient provision for transportation systems, sewage disposal, water supply systems, communication and information systems, energy and other natural resources, education, recreation, and other public services and facility needs, and to ensure orderly and harmonious development that compliments existing structures, all for the general public health, safety, and welfare of the community and its residents. By protecting against incompatible uses of land and by promoting the proper use of land as provided for in this chapter, the village council promotes the vitality of the village and encourages the provision of adequate space conducive to healthy living conditions, while contemporaneously making adequate provision for the reasonable, harmonious and compatible uses of land, buildings, and accessory uses incident to the principally permitted uses within the village, all in a manner compatible with the village master plan.
(Ord. No. 200, 7-7-1997)

Sec. 40-2.  Intent.
By this chapter, the village council intends to facilitate development where the physical, visual and spatial characteristics are established and reinforced through the use of compatible design and architectural elements that relate to the design characteristics of individual structures or neighborhoods in a harmonious manner, resulting in a coherent overall development pattern and streetscape; to provide procedures which relate the type, design and character of residential development on a particular site to surrounding buildings; to promote the village's goal of encouraging compatible, harmonious residential development in a manner consistent with the preservation or enhancement of property values within existing residential neighborhoods; to encourage compatible, harmonious residential development so that housing in the village may continue to demonstrate a dominant type, design and character of dwellings; to promote the conservation and efficient use of open space ancillary to these dwellings; to ensure that the flexibility and design specificity of the development standards and guidelines authorized in this chapter are carried out under such administrative procedures so as to encourage the disposition without due delay of proposals for development, all of which shall retain the strong sense of community identity as expressed in the village master plan; and, conversely, to discourage generic, monotonous suburban development that bears little or no relation to the historic developed character of village neighborhoods.
(Ord. No. 200, 7-7-1997)

Sec. 40-3.  Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a subordinate building or structure, including a detached garage, on the same lot or a part of the principal building, occupied by, or devoted exclusively to, an accessory use.

Accessory use means a use naturally and normally incidental, subordinate and devoted exclusively to the main use of the premises.

Awning and canopy mean any canvas (or other similar type material) awning or structure not a part of the roof or the building to which it is attached, and which extends over a porch, patio, deck, balcony, walk, window, door or open space.

Bay means a regularly repeated unit on a building elevation, defined by columns, pilasters or other vertical elements, or by a given number of windows or openings.

Belt course, string course and horizontal course mean a projecting horizontal band on an exterior wall marking the separation between floors or levels.

Berm means an undulating mound of soil graded, shaped and improved with landscaping in such a fashion as to be utilized for decorative purposes.

Blank wall means an exterior building wall with no openings and generally constructed of a single material, uniform texture and on a single plane.

Board of appeals and board mean the Zoning Board of Appeals of the Village of Grosse Pointe Shores.

Buffer means an area within a property or site, generally adjacent to and parallel with the property line, either consisting of existing natural vegetation or created by the use of trees, shrubs, berms and/or fences, and designed to limit views and sounds from adjacent properties and vice versa.

Buildable area means the space of a lot or parcel remaining after yard, parking or any other requirements of this chapter have been satisfied.

GRAPHIC LINK: Buildable Area

Building means any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, chattels or property of any kind.

Building department means the department or official authorized by the village council or by ordinance to enforce the provisions of this chapter.

Building line means the minimum setback line at which the face of the building may be located (see the definition of Setback, front).

Building, main or principal, means the main structure devoted to the principal use of the site.

Building scale means the relationship between the mass of a building and its surroundings, including the width of the street, open space and mass of surrounding buildings.

Caliper means the diameter of a tree trunk when measured four feet above the ground level.

Church means a building used principally for religious worship, but such term shall not include or mean an undertaker's chapel or funeral building, rectory, dwelling or cemetery.

Column means a vertical pillar or shaft, usually structural.

Commission means the Planning Commission of the Village of Grosse Pointe Shores.

Condominium act means Public Act No. 59 of 1978 (MCL 559.101 et seq.).

Context means the character of the buildings, streetscape and neighborhood which surround a given building or site.

Corner lot means a lot of which at least two adjacent sides abut substantially upon a street, provided that such two sides intersect at an angle of not more than 135 degrees. Where a lot is on a curve, if tangents through extreme points of the street line of such lot make an interior angle of not more than 135 degrees, it is a corner lot. In the case of a corner lot with a curved street line, the corner shall be considered to be the point on the street line nearest to the point of intersection of the tangents described in this definition.

Cornice means the top part of an entablature, usually molded and projecting.

Court means an open, unoccupied land area, other than a yard, bounded on three sides by walls.

Cupola means a small roof tower, usually rising from the roof ridge.

Curtain wall means a light, nonstructural outer wall of a building, in the form of a metal grid, with infill panels of glass and other materials.

District means an area within the village within which certain regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.

Double frontage lot (through lot) means any interior lot having frontage on two more or less parallel streets, as contrasted with a corner lot, which generally has frontage on two intersecting streets. In the case of a double frontage lot or a row of double frontage lots, all yards of such lots adjacent to streets shall be considered frontage, and front yard setbacks shall be provided as required.

Dwelling and dwelling unit mean a room, or rooms connected together, constituting a separate independent housekeeping establishment for one household only, for owner occupancy or for rental, lease or other occupancy on a monthly or longer basis, physically separated from any other rooms or dwelling units, and containing independent cooking, bathing and sleeping facilities.

Elevation means an exterior facade of a structure, or its head-on view, or representation drawn with no vanishing point, and used primarily for construction.

Environmental constraints means features, natural resources or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development.

Essential services means the erection, construction, alteration or maintenance by public utilities, or village departments or commissions, of underground or overhead gas, electrical, steam, telephone or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith. Such term shall not include buildings reasonably necessary for the furnishing of adequate service by such public utilities or village departments or commissions.

Facade means a building face or wall.

Family means an individual or group of two or more persons related by blood, marriage or adoption, together with foster children of the principal occupants, with not more than one additional unrelated person, who are domiciled together as a single, domestic, housekeeping unit in a dwelling. Notwithstanding such definition, a family shall be deemed to include persons not within the second degree of kinship occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if such occupants are handicapped persons as defined in title VIII of the civil rights act of 1968, as amended by the fair housing amendments act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in this definition.

Fascia means a projecting, flat, horizontal member or molding, also part of a classical entablature.

Fenestration means window and other openings on a building facade.

Floor area means the measurement of usable floor area for residential uses that shall be the sum of the area of the first story measured to the exterior face of exterior walls, and, similarly measured, the area having more than seven feet, six inches of headroom of any upper story that is connected by a fixed interior stairway and which may be made usable for human habitation. The measurement of such floor area shall exclude the floor area of basements, garages, accessory buildings, attics, breezeways and unenclosed porches.

Focal point means a point, surface, building or structure terminating a vista or view, often at the end of a straight street or coinciding with a bend.

Front lot line means, in the case of a lot abutting upon Lake Shore Road, the Lake Shore Road lot line. In the case of a lot abutting only one street, such term means the line separating such lot from such street. On a corner lot, other than Lake Shore Road, only one street line shall be considered the front lot line.

Gable means the part of the end wall of a building between the eaves and a pitched or gambrel roof.

Gateway means a principal point of entrance into a district or neighborhood.

Grade means the ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by computing the average elevation of the ground for each face of the building and then using the average of the several averages.

Half story means a story which is situated within a sloping roof, the area of which, at a height of four feet above the floor, does not exceed 75 percent of the floor area directly below it.

Harmony, without limiting the generality of the commonly accepted definition of such term (e.g., the effect produced when different things come together without clashing or disagreement), means determinations made under this chapter relative to such term so as to promote congruity in character between or among buildings, lots or structures considering all relevant factors, such as lot size and shape, building or structure size, setback, height, density, shape, exterior architecture and design, landscaping, use of materials, color and scale.

Height of building means the vertical distance measured from the average elevation of the finished grade along the front of the building to the highest point of the roof.

Home occupation means an activity carried on by an occupant of a dwelling unit as a secondary use which is clearly incidental to the use of the dwelling unit for residential purposes. (See also section 40-244.)

Horizontal course. See the definition of Belt course.

Human scale means the relationship between the dimensions of a building, structure, street, open space or streetscape element and the average dimensions of the human body.
Impervious surface means any material at or near grade level that prevents the absorption of stormwater into the ground. Impervious surfaces shall include but are not limited to: concrete or asphaltic surfaces, areas constructed of brick pavers, wood or other synthetic wood type decking, graveled areas, etc. This includes driveways, sidewalks, walkways, parking areas, hard surface landscape areas, decorative ponds, and/or sport or recreation areas.
Interior lot means a lot, other than a corner lot.

Land division act means Public Act No. 288 of 1967 (MCL 560.101 et seq.).

Lintel means a horizontal beam, either structural or decorative, over an opening in a masonry wall.

Lot means a parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provision of this chapter. A lot may or may not be specifically designated as such on public records. Each such parcel shall also have its front lot line abutting a public street or approved private road per section 40-252. Single-family residential lots shall be rectilinear in shape, except on culs-de-sac or curves, or by a variance granted by the zoning board of appeals.

GRAPHIC LINK: Lots

Lot coverage means the percent of the lot or parcel occupied, or which could be occupied, by the main or principal buildings, accessory buildings and structures. Patios not higher than six inches above the ground, trees, shrubs and natural landscaping, walkways, driveways and parking spaces shall not be counted or measured as part of the maximum lot coverage. The maximum lot coverage permitted in the residence district and residence lakefront district is 25 percent.

Lot depth means the horizontal distance between the front and rear lot lines. In the case of irregularly shaped lots, the average depth shall apply.

Lot line means any boundary line separating one lot from another, whether the line is at the side, rear or front of the properties.

Lot of record means a parcel of land, the dimensions of which are recorded on file with the county register of deeds at the time of inception of the ordinance from which this chapter is derived or in common use by village or county officials, and which actually exists as shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.

Lot width means the horizontal straight line distance between the side lot line measured at right angles to the side lot line. The minimum required lot width shall be measured at the required front yard setback and at the rear lot line or lakefront yard setback line. If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the district in which the lot is located. The axis of a lot shall be a line joining the midpoint of the front and rear property lines.

GRAPHIC LINK: Lot Width

Masonry means wall building material, such as brick or stone, which is laid up in small units.

Massing means the three-dimensional bulk of a structure (i.e., height, width and depth).

Master plan means a comprehensive plan adopted by the commission, including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the village, and including any unit or part of such plan, and any amendment to such plan or parts thereof, and is intended to be the plan referred to in Public Act No. 207 of 1921 (MCL 125.581(2)).

Mean grade means the arithmetical average of elevations of points on the boundary lines of a site (parcel of land), uniformly spaced, and not more than 100 feet apart.

Off-street parking means an improved hard surface area for the parking of automobiles, not on a public right-of-way, providing vehicular parking spaces along with adequate drives and aisles for maneuvering so as to provide defined access for entrance and exit for the automobiles.

Parking space means an accessible area, either garage or surfaced area, of definite length and width, exclusive of drives, aisles or entrances giving access thereto, for the parking of permitted vehicles.

Parkway means a planting area located within the public right-of-way, typically located between the curb and the sidewalk, and planted with ground cover and trees.

Paving and to pave mean to construct a surface, or a surface constructed, of a plant mix bituminous aggregate or a concrete surface in conformance with applicable village ordinances or state specifications.

Pilaster means a column partially embedded in a wall, usually nonstructural.

Pitch means the angle of slope of a roof or berm.

Portico means an open-sided, permanent structure attached to a building, sheltering an entrance or serving as a semienclosed space.

Proportion means the relationship or ratio between two dimensions (i.e., width of street to height of building wall, or width to height of window).

Public utility means any person, village department or board duly authorized to furnish, and furnishing to the public under village regulations, electricity, gas, steam, communication, telegraph, transportation or water.

Public view means that which is reasonably visible, under average conditions, to the average observer located on any public land or right-of-way or on any semipublic or private space which is normally accessible to the general public.

Rear lot line means a lot line opposite the front lot line.

Recreation vehicles includes the following:
(1) Aircraft means all types of airborne vehicles.
(2) Boat and boat trailer include boats, personal watercraft, floats and rafts, plus the normal equipment to transport such vehicles on the highway.
(3) Folding tent trailer means a canvas or plastic folding structure mounted on wheels and designed for travel and vacation uses.
(4) Motor home means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
(5) Pickup camper means a structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation and vacation uses.
(6) Snowmobile and all-terrain vehicle mean snowmobiles, all-terrain vehicles and the normal equipment to transport such vehicles on the highway.
(7) Travel trailer means vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreation and vacation uses.
(8) Utility trailer means a vehicle with an open or enclosed platform built on a chassis, designed to be used for the transport of goods and materials.

Rhythm means the effect obtained through repetition of:
(1) Architectural elements, such as building footprints, height, roof lines or side yard setbacks;
(2) Streetscape elements, such as decorative lampposts; or
(3) Natural elements, such as trees.

Rhythm of solids to voids means the relationship between the solid portions of a building facade and the voids formed by doors, windows, other openings and recesses. Such term may also refer to the relationship between building mass (solids) and side yard setbacks (voids) along a street.

Setback, front, means the minimum horizontal distance between the required front line of a building and the street right-of-way line.

Side lot line means any lot line, other than the front lot line or rear lot line.

Sidewalk, public, means a paved path provided for pedestrian use and usually located at the side of a road within a right-of-way. In residential areas, it is separated from the roadway by a parkway.

Special land use means a use specified in this chapter as permissible in a specific use district only after certain special standards are met.

Story means the portion of a building between one floor level and the floor level next above it, or between the uppermost floor and the roof. Any story lying more than 50 percent by volume below the established sidewalk grade at the center of the front of the building and any mezzanine, balcony or similar story having a floor area of less than 50 percent of the floor area of the story immediately above it shall not be counted as a story in measuring the height of buildings under this chapter.

Street means a public thoroughfare which affords a principal means of access to abutting property.

Street furniture means functional elements of the streetscape, including, but not limited to, benches, trash receptacles, planters, telephone booths, kiosks, sign posts, street lights, bollards and removable enclosures.

Streetscape means the built and planted elements of a street which define its character.

String course. See the definition of Belt course.

Structural alteration means any change in the number and widths of exits in the supporting members of a building, such as bearing walls, partitions, columns, beams or girders, or any substantial change in the roof.

Structure means anything erected which requires permanent location on the ground or attachment to something having permanent location on the ground.

Temporary building or use means a structure or use permitted by the board of appeals to exist during periods of construction of the main building or use.

Texture means the exterior finish of a surface, ranging from smooth to course.

Use means the purpose for which land, or any building on such land, is designed, arranged or intended to be occupied or used, or for which it is occupied or maintained.

Yard means a space open to the sky and unoccupied or unobstructed except by encroachments specifically permitted in section 40-258 on the same lot with a building or structure. Yard measurements shall be the minimum horizontal distances.

GRAPHIC LINK: Yards
(1) Front yard means a yard extending across the full width of the lot between the front lot line and the nearest line of the main building.
(2) Rear yard means a yard extending across the full width of the lot between the rear lot line and the nearest line of the main building.
(3) Side yard means a yard extending from the front yard to the rear yard between the side lot line and the nearest line of the main building or accessory building attached to the main building.
Zoning board of appeals. See the definition of Board of appeals.
(Ord. No. 200, art. 2, § 200, 7-7-1997; Ord. No. 212, § I, 1-16-2001; Ord. No. 226, § I(200), 4-15-2003)
Cross references: Definitions generally, § 1-2.

Sec. 40-4.  Conformance required.
No building, structure or land shall be used, and no building or structure shall be moved into the village, erected, altered, converted or enlarged, for any purpose other than apurpose permitted in the district in which such building, structure or land shall be located, except and in conformity with the regulations prescribed in this chapter.
(Ord. No. 200, art. 3, § 300, 7-7-1997)

Sec. 40-5.  Interpretation.
The provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except as specifically provided in this chapter, it is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinances or any rules, regulations or permits previously adopted, or issues pursuant to law relating to the use of buildings, structures or premises; provided, however, that where this chapter imposes a greater restriction upon the use of buildings, structures or premises, or upon the height or character of buildings or structures, or requires larger yards or other open spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits, the provisions of this chapter shall control.
(Ord. No. 200, art. 3, § 301, 7-7-1997)

Sec. 40-6.  Exemptions.
The provisions of this chapter shall not apply to any property, building or structure used, owned or operated by the village.
(Ord. No. 200, art. 3, § 302, 7-7-1997)

Sec. 40-7.  Vested right.
(a) Any structure or improvement for which a building permit has been issued and construction begun, may be completed and used in accordance with the plans and applications upon which, prior to the enactment of the ordinance from which this chapter is derived, such building permit was granted.
(b) Any permit for a use which would be nonconforming under this chapter or any amendment to this chapter shall not be renewed if construction has not commenced before the effective date of the ordinance from which this chapter is derived.
(Ord. No. 200, art. 3, § 303, 7-7-1997)

Sec. 40-8.  Authority of council to change district boundaries or regulations; amendments.
The village council may, from time to time, on its own motion or on petition, amend, supplement or change the district boundaries or regulations established in the manner prescribed by Public Act No. 207 of 1921 (MCL 125.581 et seq.). Whenever the owners of 50 percent or more of the frontage in any district, or part thereof, shall present a petition to the council, in writing, duly signed, and which shall have been acknowledged by each of the petitioners substantially in accordance with the provisions for the acknowledgement of deeds, requesting an amendment, supplement, change or repeal of the regulations prescribed for such district, or part thereof, it shall be the duty of the council to vote upon such petition within 90 days after the filing of the petition by the petitioners with the council. If any area is transferred to another district by a change in district boundaries by an amendment, as provided in this section, the provisions of this chapter relating to buildings or uses of buildings or premises existing at the time of passage of the ordinance from which this chapter is derived shall apply to buildings or uses of buildings or premises existing at the time of passage of such amendment in such transferred area.
(Ord. No. 200, art. 17, § 1700, 7-7-1997)
State law references: Ordinances, MCL 125.584.
Secs. 40-9--40-40.  Reserved.

 

ARTICLE II.  ZONING DISTRICTS

DIVISION 1.  GENERALLY

Sec. 40-41.  Classes of use districts.
(a) For the purpose of regulating and restricting the location of uses, regulating and limiting the height and bulk of buildings, and regulating and determining the density of population and the area of yards, courts and other open spaces surrounding erected buildings, the village is hereby divided into the following three classes of use districts:

(1) Residence district.
(2) Residence lakefront district.
(3) Park/club district.

(b) In addition, a residence planned district has been created, which is an overlay zone as referred to in division 4 of this article.
(Ord. No. 200, art. 4, § 400, 7-7-1997)

Sec. 40-42.  Zoning use district map.
The boundaries of the use districts are shown on the zoning use district map, which accompanies this chapter and is certified as such and is hereby declared to be a part of this chapter. The use district designations which accompany the zoning use district map and all other legends on such map are hereby declared to be a part of this chapter.
(Ord. No. 200, art. 4, § 401, 7-7-1997)

GRAPHIC LINK: Zoning Use District Map

Secs. 40-43--40-60.  Reserved.

DIVISION 2.  RESIDENCE DISTRICT

Sec. 40-61.  Permitted uses.
In the residence district, no building, structure or land shall be used, and no building or structure shall be erected or altered, which is arranged, intended or designed to be used for a purpose other than one or more of the following purposes:
(1) One-family dwellings.
(2) Gardens.
(3) Municipal buildings owned, occupied or controlled by the village.
(4) Accessory uses customarily incident to any of the permitted uses as set forth in subsections (1)--(3) of this section, as regulated by section 40-231.
(5) Other uses required to be permitted by law.
(Ord. No. 200, art. 5, § 500, 7-7-1997)

Sec. 40-62.  Area, height and placement requirements.
Area, height and placement requirements in the residence district shall be as follows:
(1) Minimum lot area: 12,000 square feet.
(2) Minimum lot width: 100 feet.
(3) Maximum height: Thirty feet (not to exceed two stories) on all buildable lots of 120 feet or less in lot width. Thirty-three feet on all buildable lots in excess of 120 feet in lot width, providing the lot contains at least 12,000 square feet, and providing further that the portion of the roof above 30 feet (measured horizontally as viewed from the street or in the case of a corner lot as viewed from the streets), cannot exceed 30 percent of the width of the structure (measured at the level of the second story), as viewed from the street.

a.The regulations in this subsection (3) are deemed maximum height limitations and the total height of structures shall also be subject to section 40-173, pertaining to illustrative neighborhood design standards, which may mandate a lower height consistent with the appropriate design guidelines. Further, no new building shall be constructed, nor shall an addition or other modification to an existing building be constructed, which results in the maximum height of such building being greater than the average height of neighboring buildings. For the purpose of this section, the term "average height of buildings" means:

1.With respect to a building not on a corner lot, the average height of the buildings on either side of the building being constructed or modified.
2.With respect to a building on a corner lot, the average of the height of the two buildings on the same side of the street on which the front facade of the building being constructed or modified is located which are nearest to such building being constructed or modified. If the side of the street on which such front facade of building being constructed or modified does not have two other buildings, the average height of neighboring buildings shall be defined as the average of the height of the two buildings nearest to the building being constructed or modified, regardless of the street or side of street such buildings are located upon.

b. Architectural embellishments, such as but not limited to decorative railings/fences, statuary, artwork, decorative balustrades, weather vanes, finials, etc., shall be prohibited above the maximum permitted height of the structure as defined by subsection (3) of this section unless such is approved by the planning commission as an integral part of the overall architecture of the facade.
c.When the height limitations in subsection (3) of this section result in an unusual situation where the application of the standards set forth in subsection (3) of this section would create an architectural incongruity because of peculiar circumstances of the lot in question and the neighboring lots and structures thereon, consideration will be given by the zoning board of appeals to an appropriate variance to create architectural compatibility.

(4) Maximum lot coverage: 25 percent.
(5) Minimum total floor area: 2,100 square feet.
(6) Minimum front yard:

a. Lots abutting the westerly side of Lake Shore Road, south of Vernier Road, shall have a minimum setback of 145 feet.
b. Lots abutting the westerly side of Lake Shore Road, north of Vernier Road, shall have a minimum setback of 85 feet.
c. On all other lots in the residence districts the minimum setback shall be 30 feet.
d. Notwithstanding the requirements pertaining to minimum front yard set forth in subsections (6)a, (6)b, and (6)c of this section, no building or accessory building shall be built and/or modified such that it will be closer to the roadway than the average of the closest two most immediate principal buildings except when dealing with corner lots and double frontage lots, the setback requirements shall be as set forth in section 40-256(b)--(d). No presently existing building or accessory building intruding into the above described front yard setback shall be considered nonconforming, and all such buildings shall enjoy the rights conferred by this chapter as a legal structure.

(7) Minimum side yards: Ten percent of the lot width on one side and 15 percent of lot width on the other side; provided, however, that no side yard shall be less width than six feet in width, nor shall the combination of two side yards be less than 16 feet in width.
(8) Minimum rear yard:

a. One-story buildings, 25 feet.
b. More than one-story buildings, 30 feet.

(9) On all lots of 100 feet of width or greater, the amount of impervious surface permitted in the front yard area shall be limited to a maximum of 30 percent of the front yard area measured from one side of the lot to the other and from the front facade of the residence to the front lot line. On lots of less than 100 feet in width, the amount of impervious surface areas shall be a maximum of 35 percent of the front yard area as measured from the side lot lines and the front facade of the residence to the front lot line.
(Ord. No. 200, art. 5, § 501, 7-7-1997; Ord. No. 209, § I, 7-19-2000; Ord. No. 215, § I, 9-18-2001; Ord. No. 224, § I, 4-15-2003; Ord. No. 228, § I, 4-15-2003; Ord. No. 226, § I, 4-15-2003)
Secs. 40-63--40-80.  Reserved.

DIVISION 3.  RESIDENCE LAKEFRONT DISTRICT

Sec. 40-81.  Permitted uses.
In the residence lakefront district, no building or land shall be used, and no building shall be erected or altered, which is arranged, intended or designed to be used for a purpose other than one or more of the following purposes:
(1) One-family dwellings.
(2) Gardens.
(3) Municipal buildings owned, occupied or controlled by the village.
(4) Accessory uses customarily incident to any of the permitted uses as set forth in subsections (1)--(3) of this section, as regulated by section 40-231.
(5) Other uses required to be permitted by law.
(Ord. No. 200, art. 6, § 600, 7-7-1997)

Sec. 40-82.  Special land use.
Private nonprofit institutions of a philanthropic nature, except such institutions whose chief activity is a service customarily carried out as a business, may be permitted as a special land use in the residence lakefront district, upon approval of the village council, only after proper notice has been given as required by state law, and after review and recommendation has been received from the commission, subject to the standards and requirements of section 40-423.
(Ord. No. 200, art. 6, § 601, 7-7-1997)
State law references: Special land uses, MCL 125.584a.

Sec. 40-83.  Area, height and placement requirements.
Area, height and placement requirements in the residence lakefront district shall be as follows:
(1) Minimum lot area: 20,000 square feet.
(2) Minimum lot width: 100 feet.
(3) Maximum height:

a. Thirty feet (not to exceed two stories) on lots with widths of less than 120 feet.
b. Thirty-five feet (not to exceed 2 1/2 stories) on lots with widths of 120 feet or more, but less than 150 feet.
c. On lots with widths of 150 feet or more, the commission may permit a maximum height of 40 feet, provided that there shall be at least eight additional feet above 150 feet in lot width at the front building line for each one foot of increase in height above 35 feet.

(4) Maximum lot coverage: 25 percent.
(5) Minimum total floor area: 2,100 square feet, excluding any second or third floor areas.
(6) Minimum front yard: 145-foot minimum setback from the front property line.
(7) Minimum side yards: Ten percent of the lot width on one side and 15 percent of the lot width on the other side; provided, however, that no side yard shall have a width less than six feet, nor shall the combination of two side yards be less than 16 feet.
(8) Minimum rear or lakefront yards: The zoning use district map indicates the required lake shore setback line. The minimum lake front yard shall be measured so that no principal structure shall be closer to the shoreline than:

a. Its present location;
b. The average of the closest of two out of three of the most immediate neighboring principal buildings; or
c. The lake shore setback line as shown on the zoning use district map.

No existing principal building intruding into the described yard setback shall be considered nonconforming, and all such buildings shall enjoy the rights conferred by this chapter as a legal structure. The minimum setbacks for rear yards not abutting the water shall be the same as in the residence district.

(9) On all lots of 100 feet of width or greater, the amount of impervious surface permitted in the front yard area shall be limited to a maximum of 30 percent of the front yard area measured from one side of the lot to the other and from the front facade of the residence to the front lot line. On lots of less than 100 feet in width, the amount of impervious surface areas shall be a maximum of 35 percent of the front yard area as measured from the side lot lines and the front facade of the residence to the front lot line.
(Ord. No. 200, art. 6, § 602, 7-7-1997; Ord. No. 226, § I(602(a)), 4-15-2003)

Sec. 40-84.  Lots with restricted use.
Lots abutting the easterly side of Lake Shore Road, south of Vernier Road, shall never be used for any other purpose than as a sloping embankment to the shore of Lake St. Clair, as presently used.
(Ord. No. 200, art. 6, § 603, 7-7-1997)
Secs. 40-85--40-110.  Reserved.

DIVISION 4.  RESIDENCE PLANNED DISTRICT*

*State law references: Planned unit development, MCL 125.584b.

Sec. 40-111.  Purposes.
The residence planned district regulations set forth in this division are designed to accomplish the objectives of this chapter through a land development project review process based on the application of site planning criteria to achieve integration of the proposed development so as to be harmonious with the village's residential character. The residence planned district is a planned unit development district and reflects the purposes of the state enabling act and the following local purposes:
(1) To encourage innovation in land use and variety in design, layout and type of structure.
(2) To achieve economic and efficient use of land, natural resources, energy and the provision of public services and utilities.
(3) To encourage the provision of useful open space, where appropriate.
(4) To provide retirement housing particularly suited to the needs of residents of the village.
(Ord. No. 200, art. 7, § 700, 7-7-1997)

Sec. 40-112.  Permitted uses.
In the residence planned district, no building or land shall be used, and no building shall be erected or altered, which is arranged, intended or designed to be used for a purpose other than one or more of the following purposes:
(1) Existing one-family residences.
(2) Attached or detached one-family retirement dwellings.
(3) Gardens (small plantings).
(4) Municipal buildings owned, occupied or controlled by the village.
(5) Accessory uses customarily incidental to the permitted uses set forth in subsections (1)--(4) of this section.
(6) Other uses required to be permitted by law.
(Ord. No. 200, art. 7, § 701, 7-7-1997)

Sec. 40-113.  Qualification requirements.
In order to qualify for development, the commission and village council must first determine, based on documentation prepared by a registered architect, professional community planner, landscape architect, engineer or similar professional in planning and design, that the proposed use and development is compatible with the residential character of the village.
(Ord. No. 200, art. 7, § 702, 7-7-1997)

Sec. 40-114.  Site design requirements.
All developments within the residence planned district shall conform to the following restrictions:
(1) The regulations governing the maximum allowable height of buildings, the minimum lot area and lot width, the maximum lot coverage, and the minimum side and rear yards are hereby established as set forth in section 40-62.
(2) A minimum of 15 percent of the total parcel within such district shall be devoted to suitable recreation and other approved activities. Roads included in the total parcel area shall be excluded from the recreation and activities area calculations.
(3) The placement of housing units and other improvements shall be designed, to the extent practical, to preserve wooded areas contained on the site.
(4) In order to provide an orderly transition where the district abuts another residential district, the abutting residential district shall be effectively buffered by providing one or more of the following forms of transition within the development, as determined to be appropriate by the commission:

a. Natural stand of trees.
b. Effective landscape buffering.
c. Constructed fences, walls and berms.
d. Compatible structures.

(5) If one-family dwelling units are attached, such attachment shall be by means of an approved architectural wall detail or a common wall that assures maximum isolation of adjoining structures. The maximum number of units which may be attached together in each cluster in the manner set forth in this subsection shall be four. Variety in the design of individual units shall be provided by the use of design details which do not appear to be continuous or repetitious. A building pattern which is repetitious throughout a development shall not be used. Each dwelling must have a two-car attached garage used for private automobile storage only.
(6) Yard requirements shall be provided as follows:

a. Minimum spacing between ends of buildings shall be determined by the number of living units that are arranged in any building group, as follows:

TABLE INSET

Number of Living Units Per Building Minimum Distance Between Buildings (feet)

2 single detached

10

3 attached

20

4 attached

30

   


b. Between the ends of two buildings having a different number of attached living units, the minimum distance, in feet, will be as follows:

TABLE INSET:

Between a two-unit and three-unit building

15

Between a two-unit and four-unit building

20

Between a three-unit and four-unit building

30

   


c. All buildings and parking areas shall have a setback of at least 110 feet from the centerline of any major thoroughfare, and at least 65 feet from any local street as shown on the village master plan.
d. All parking areas shall be set back a minimum of 20 feet from an adjoining residence district or property.
e. Building setbacks from internal streets shall be as follows:

1. Private streets/general circulation.

i. Living areas, 40-foot minimum clear area from paving;
ii. Nonliving areas, 20-foot minimum clear area from paving.

2. Private streets/limited circulation. Living and nonliving areas, 20-foot minimum clear area from paving.

(7) At least two deciduous or evergreen trees per dwelling unit (at least a 2.5-inch caliper) shall be planted in the project area, in addition to existing vegetation. Location of such trees, as well as existing trees, shall be indicated on the site plan in accordance with an approved detailed landscape plan.
(8) An undulating landscaped berm, with a maximum height of four feet, or equivalent natural buffer, shall be provided along the entire property to the extent it abuts a major road as classified in the village master plan. Slopes of such berm shall be gentle enough so as not to erode when planted with grass, and berm locations shall be designed so that the view of oncoming traffic is not obscured at the intersection. The village engineer shall review the proposed berm to determine that adequate drainage is provided.
(9) Sidewalks may be required along all public streets or roads. A pedestrian circulation plan that meets commission requirements shall be required within the development.
(10) Fencing shall not be permitted on the interior of the development, except brick walls for privacy or decorative purposes may be approved by the commission.
(11) The applicant shall make provision, satisfactory to the village, to assure that the amenities and the areas shown on the plan for use by the occupants of the development will be, or have been, irrevocably committed for such purpose. The village may require that conveyances or other documents be placed in escrow to accomplish such purpose and that a performance guarantee, as prescribed in subsection (13) of this section, be filed with the village.
(12) The applicant shall deposit a cash deposit or certified check with the village equaling 120 percent of the estimated cost of common area improvements associated with the project, as verified by the village, for which approval is sought. The performance guarantees shall be deposited at the time of the issuance of the permit authorizing the activity or project. When all improvements have been completed, the village shall release the cash deposit.
(13) Subject to commission approval, in all parcels designated as residence planned districts, there shall be allowed a total unit count up to, but not exceeding, a density of up to twice the dwelling units per acre, consistent with conventional residential platted development of the abutting residential district. A design plan shall be submitted specifying the maximum number of units that the site could yield if platted.
(Ord. No. 200, art. 7, § 703, 7-7-1997)

Sec. 40-115.  Submittal procedures.
The two distinct steps required to develop a parcel of land under the residence planned district are the qualification of the concept, and site plan approval (final review).
(1) Residence planned district development concept review shall include a preliminary application and concept plan in accordance with the following outline. The filing of a preliminary plan will provide an opportunity for the applicant and commission to become generally acquainted with the proposed project and conduct discussions about the features of the proposed concept. An application for preliminary plan consideration shall comply with, and include, the following requirements and standards:

a. A plan showing the entire project area in a preliminary form and at a clearly understandable scale, indicating proposed land use areas, their relationship to each other, circulation patterns, and existing site features and characteristics.
b. The existing topography shall be depicted at two-foot contour intervals for the subject area and all nearby areas. If the land is generally flat, grade shots shall be provided at intervals necessary to indicate any grade differential.
c.A map of the village, indicating the parcel and surrounding vicinity area and the site's relationship to existing roads, streets and use districts within and immediately adjacent to the village.
d. Preliminary architectural plans for all buildings, including the basic building scale and style and the number of units per building, shall be clearly set forth.
e. Preliminary architectural elevations for typical buildings, including the style and exterior facing materials.
f. Preliminary landscape plan of the types and sizes of proposed vegetation.
g. Density of residential use and total number of units by type shall be clearly set forth.
h. Existing and proposed land use and development features as they impact neighboring properties.
i. Existing utilities, including storm drain facilities, shall be located and noted.
j. Adequacy of public and private services/infrastructures shall be described.
k.Methods of buffering and screening from existing housing.
The commission shall recommend preliminary approval to the village council if the commission agrees that the proposal has sufficient merit to warrant further consideration and has potential to meet the requirements of this section and the applicable requirements of this chapter. If the council concurs, an application may be filed for final review in conformance with the requirements of the subsections (2)--(10) of this section. If the commission does not find the proposed plan or approach acceptable, it shall recommend denial of the request at such point and provide the reasons for denial in the commission minutes and submit their recommendation and supporting materials to the village council.

(2) An application for residence planned district development final review may be made only if the village council has agreed by motion that the preliminary application and concept plan have potential to meet the requirements set forth in this section. Upon receipt of a complete application for final review, the commission shall schedule such review for the next regular meeting. The applicant's presentation at such meeting shall include drawings, exhibits, narratives and draft covenants and agreements identified for reference by letter or number. If the application for final review complies with the objectives of the applicable sections set forth in this division for the residence planned district, and the commission and village council further find the following standards to have been met, the application may be approved:

a. All applicable provisions of this chapter and other applicable ordinances shall have been met. If any provision of this division is in direct conflict with the provisions or authority of any other article of this chapter, the provisions included within this division shall apply to land included within the residence planned district.
b.All minimum requirements pertaining to residential or other uses shall be subject to the general requirements applicable in the residence district, except as may be specifically varied by the commission and village council.
c. Adequate, well designed and properly planned areas shall be provided for all walkways, recreation, parking, access, screening and isolation, and other open areas to be used by the residents of the development.
d. Adequate sanitary sewage disposal, water supply, and road and other stormwater drain systems shall be provided. Water, sewer and storm drains shall be subject to applicable village standards and ordinances.
e. Efficient and desirable use of all areas in harmony with the physical character of the village and surrounding residential areas and uses.
f.Assurances that areas shown on the plan for use by the occupants shall be, or have been, irrevocably committed for such purpose. The village shall have the right to require conveyances or other documents to be placed in escrow.
g. Assurance of financial support for, and maintenance of, all improvements indicated on the plan for open space areas and common use areas. Assurances may require posting of bonds as determined by the commission and approved by the village council.
h. Upon recommendation of the village engineer, the commission may waive or modify requirements for utilities with respect to all, or part of, the particular plan when strict application would result in practical problems.

(3) In addition to compliance with the applicable requirements for site plan review contained in section 40-422, the final review application shall include the following:

a. A boundary survey of the exact acreage, performed by a registered land surveyor or civil engineer, at a scale of one inch equals 30 feet.
b. A physical features map of the area and its vicinity, including topography, drawn as contours, with an interval of at least two feet, or grade shots, where applicable. The map shall indicate all trees and unbuildable areas due to soil conditions, wetlands or similar conditions, at a scale of one inch equals 50 feet.
c. A legal description of the property.
d. An aerial photograph, not more than five years old, of the area, at a minimum scale of one inch equals 100 feet.
e. Existing and proposed streets and other developments within and surrounding the proposed area.
f. A plan for the entire area, indicating the specific use areas and dwelling unit types being requested (floor plans and building elevations with specific exterior materials and architectural features included); densities proposed; street, road, traffic and pedestrian circulation; public utilities; building locations, driveways, walkways, parking areas, landscaping and natural areas (woodlands); areas reserved for public service activities; recreation areas and other open spaces; and areas used for occupants.
g. A preliminary estimate of contemplated total stormwater flow and sanitary sewage volume. Each utility shall be shown as a one-line diagram, with flow direction indicated on the proposed street layout and shown on the topographic map as required in subsection (3)b. of this section.
h. A schedule indicating the proposed timing of the development, including phasing, if appropriate.
i.A written impact statement, detailing the intent of the developer and types of dwelling units contemplated. The impact statement shall also include support documentation, such as soil data; land use impacts; changes in traffic volume on adjacent streets; impacts of proposed development on wetlands, air and water quality (ground and surface); noise; and the scale of development and surrounding environment and all information appropriate to a phase one audit.
j. Statement of covenants, grants of easements and other restrictions to be imposed upon the uses of land and structures.
k. Any other data, plans or drawings considered by the commission or village council to be necessary for the consideration of the proposal.
All materials required to be submitted as part of the application shall be submitted in the required number of copies for distribution to the commission, village council and appropriate reviewing agents and advisors.

(4) The commission shall review the application materials and reviewing agencies' comments. In the process of review, the commission shall consider the following:

a. Specific development requirements set forth in this chapter.
b. The location and design of service roads or drives and driveways providing vehicular ingress to, and egress from, each building, in relation to streets giving access to the site and pedestrian traffic.
c.The traffic circulation features within the site and the location of automobile parking areas, including:

1. Safety and convenience of both vehicular and pedestrian traffic, both within the site and in relation to access streets.
2. Satisfactory and harmonious relationships between the development on the site and the existing and prospective development of surrounding land and adjacent parcels and districts.
3. Accessibility afforded to emergency vehicles.

d. The arrangement of use areas on the site and design of the buildings in relation to functional, efficient and compatible arrangements within the site, and also to adjacent uses and the following:

1. Harmony with the character of the village and surrounding properties.
2. Treatment of open space.
3. Availability of sewer and water capacity and the capacity of other utilities.
4. Adequate screening and/or buffering.
5. Impact on environmental quality.
6. Potential noise from development and traffic sources.

e. The proposal's compatibility and harmony with the character of the surrounding properties and that it will not substantially interfere with the safety, light, air and convenience of neighboring uses.
f. Any other matters that are within the jurisdiction of village departments or the commission or council.

(5) Only applications properly prepared and submitted with all required fees, deposits and/or bonds, paid in full, will be processed. Review and processing of the application shall be subject to the requirements and procedures contained within this chapter and as administered and finally approved by the commission and village council. Initial approval shall be valid for a period of two years, with one-year extensions possible with the approval of the commission and village council, upon proper application. If development of the site has lapsed for a period exceeding one year, the applicant shall be required to return to the village for reconsideration of the plan, following the procedure outlined in this division for original approval.
(6) Wherever a proposed plan in total meets the standards and expectations of the village, the commission and village council may consider minor deviations from regulations.
(7) In the course of instituting the plan, minor plan adjustments, including the minor shifting of buildings, service areas and other features requested by the applicant, may be authorized by the commission and processed as site plan supplements or clarifications. The village manager shall make the determination as to whether a change is minor or if an amendment is required. Amendments that significantly impact factors considered by the commission and village council in approving the area plan, such as changes to circulation systems or densities, or changes in buffering, exterior appearance and significant building rearrangements, shall require the applicant or the applicant's successors to return to the commission and village council for approval of an amended plan. The procedure outlined in this division for original approval shall be followed when submitting an amended plan.
(8) Once a plan is approved by the commission and village council, no zoning board of appeals' variances shall be permitted. Any requested changes in the plan shall conform to the revision procedures contained within this division.
(9) It is expressly understood that a residence planned district plan will not be allowed to proceed until the final plan or subsequent amended plan shall have received official approval of the commission and village council, where applicable.
(10) A final certificate of occupancy and any construction bonds or letter of credit shall not be released to the developer/owner until the as-built mylar has been reviewed and accepted by the village.

(Ord. No. 200, art. 7, § 704, 7-7-1997)
Secs. 40-116--40-140.  Reserved.

DIVISION 5.  PARK/CLUB DISTRICT

I. Article II, Division 5 of the Village Zoning Ordinance is amended to provide revised Sections 40-141 and 40-142 and new Sections 40-143, 40-144, 40-145 and 40-146, as follows:

Sec. 40-141. Intent.

The intent of this section is to allow for community type facilities which are nonresidential in nature and which will likely service not only the Village and the immediate Grosse Pointe area but potentially a larger, more regional area. Recognizing that these nonresidential uses may cause substantial impact to adjoining residences and the community as a whole, special attention must be given to the size and placement of buildings, structures and parking areas as well as the screening and buffering of these sites.

Sec. 40-142 Permitted uses.

(1 ) In the park/club district, no building or lot shall be erected or used except for the purpose of a public park, or recreational or private club, as at present.

(2) Placement of cellular antennae on existing structures in accordance with the Village's wireless communication ordinance.

(3) Construction in the park/club district (including, without limitation, new construction or expansion or alteration of existing construction) shall be a “special land use,” and shall require approval in accordance with the Village’s special land use provisions, as set forth in this ordinance.  Generally, and in accordance with the consideration required for special land uses generally, the following uses will be permitted in the park/club district: 

(a) Development or expansion of marinas, boat slips and the like.
(b) Development of parking areas including surface parking, parking decks, or subgrade parking.
(c) Development or expansion of eating, banquet, or other gathering areas.
(d) Development of indoor or outdoor recreation areas.
(e) Other uses similar to those listed above. 

Sec. 40-143. Setbacks and Density.

Area, height and placement requirements in this district shall be as follows:

(1) Minimum Front Yard: 145 feet.
(2) Minimum Side Yards: 30 feet.
(3) Minimum Rear Yard: 30 feet.
(4) Maximum Building Height: 35 feet. Existing structures in the district that exceed such height shall not be considered non-conforming uses under this ordinance.
(5) Maximum Building Coverage: 25 percent.
(6) Maximum Impervious Surface: 85 percent.

Sec. 40-144.  Reconstruction of Existing Buildings or Structures

Notwithstanding the requirements of Section 40-143, the reconstruction or repair of existing buildings or structures shall be permissible upon a determination by the Planning Commission that the location, size, scale and architectural character of the reconstructed or repaired building or structure is comparable to that which previously existed.

Sec. 40-145. Screening Requirements.

For Park/Club District properties which abut non-like zoning districts (i.e., Residence District, Residence Lakefront District, and Residence Planned District) screening shall be provided consistent with the following:

(1) Evergreens (a minimum of ten (10) feet in height at the time of planting) shall be planted along the mutual property line at a rate of one (1) tree for each ten (10) feet of such property line. These trees shall be planted in a natural manner and shall be evenly planted along the entire property line. The Planning Commission may approve other alternatives upon a finding that the intent of the Ordinance is maintained.

(2) In addition, low level shrubbery shall be planted throughout the screening area(s). This shrubbery shall be planted at a rate of one (1) shrub for each five (5) feet of such property line. These trees shall be planted in a natural manner and shall be evenly planted along the entire property line. The Planning Commission may approve other alternatives upon a finding that the intent of the Ordinance is maintained.

Sec. 40-146. Parking standards.

One parking space shall be provided for each six (6) persons permitted within the maximum occupancy of the principal building, as determined by the Fire Marshal.

Sec. 40-147.  Waiver or Modification of Requirements.

In approving a special land use within the Park/Club District under Section 40-423 of this Code, the Council may waive or modify any of the above area, height, coverage and placement requirements or parking standards, if it determines that such waiver or modification is consistent with the architectural character of the proposed construction and the overall use of the site upon which such proposed construction is located, and will not unduly and adversely impact adjoining properties.

 

ARTICLE III.  RESIDENTIAL DEVELOPMENT STANDARDS

Sec. 40-171.  Applicability.
(a) The development standards contained in this article are derived from the architectural survey commissioned by the village, and shall be used by the applicant in preparing plans and by the commission in reviewing such plans, except as may be modified in accordance with the provision of section 40-203. In its review, the commission may approve, deny, conditionally approve or request such additions and modifications to the submission as deemed to be consistent with the development standards and the purposes of this article.
(b) The development standards in this article set forth specific requirements. The commission shall apply such standards, but may demonstrate reasonable flexibility consistent with the spirit of this article since exceptional situations which require unique applications can be expected. When applying such standards, the commission shall carefully weigh the specific circumstances surrounding each application and strive for development solutions that best promote the spirit, intent and purposes of this article.
(c) The development standards contained in this article shall be used as the village's minimum requirements for evaluating a proposal. However, such standards are not intended to restrict creativity, and an applicant may request a modification or exception from any development standard pursuant to section 40-203. The development standards set forth in this article are both written and illustrated. Every effort has been taken to assure that illustration and text are complementary; however, in the event of inconsistencies between the two, the text shall govern.
(Ord. No. 200, art. 9, § 900, 7-7-1997)

Sec. 40-172.  Architectural design standards.
(a) Buildings shall generally relate in scale and design features to the surrounding buildings, showing respect for the local context. As a general rule, buildings shall reflect a continuity of design approach obtained by:

(1) Maintaining the building scale or subtly graduating changes;
(2) Maintaining uniform front yard setbacks;
(3) Maintaining base courses;
(4) Continuous use of porches or other features on residential buildings, such as cornice lines on buildings of the same height;
(5) Extending horizontal lines of fenestration; and
(6) Echoing architectural styles and details, design themes, building materials and colors consistent with surrounding buildings.

(b) Buildings on corner lots may have particular significance, since they have at least two facades visibly exposed to the street. If deemed appropriate by the commission, such buildings may be designed with architectural embellishments to emphasize their location.
(c) Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections, recesses and, if applicable, changes in floor level, shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, roofline offsets are encouraged in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.
(d) The architectural treatment of all sides of a building shall be designed to be consistent with regard to style, materials, colors and details. Blank walls are discouraged. The relative simplicity or complexity of architectural styles and details of surrounding buildings shall be a consideration in determining whether a proposed building or change in an existing building is consistent and harmonious with surrounding buildings.
(e) Gable and hipped roofs shall provide overhanging eaves on all sides. Flat roofs are discouraged. Each roof type shall be appropriate to the building's architecture. Mansard roofs on a one-story building are not permitted. Architectural embellishments that add visual interest to roofs, such as dormers, belvederes, masonry chimneys and other similar elements, are encouraged.
(f) Entrances to buildings shall be defined and articulated by architectural elements, such as lintels, pediments, columns, porches, overhangs, railings, balustrades, etc., where appropriate. Any such element utilized shall be architecturally compatible with the style, materials, colors and details of the doors and the building as a whole.
(g) Air conditioning units shall be located only in the rear yard. Satellite dishes and other telecommunication receiving devices greater than 18 inches in diameter shall be thoroughly screened from view from the public right-of-way and from adjacent properties by using walls, fencing, roof elements, appropriate screening devices or landscaping. Smaller satellite dishes shall be placed as unobtrusively as practical.
(h) All materials, colors and architectural details used on the exterior of a building shall be compatible with the building's style and with each other. A building designed of an architectural style that normally includes certain integral materials, colors and/or details shall incorporate such materials, colors and/or details into its design. Where appropriate to the architectural style of a building, shutters shall be provided on all windows fronting a street or visible from the public right-of-way.
(i) Solid metal security gates or solid roll-down metal windows shall not be permitted. Link or grill-type security devices shall not be permitted. Models which provide a sense of transparency, in light colors, are encouraged.
(j) All yards and landscaping shall be maintained and improved to be in harmony with the neighborhood.
(Ord. No. 200, art. 9, § 901, 7-7-1997; Ord. No. 225, 4-15-2003)

Sec. 40-173.  Illustrative neighborhood design standards.
(a) The illustrative designs in this section are established for each neighborhood and include the general design character, as well as specific architectural elements. The illustrative designs relate to the architectural design standards as specified in this article. These designs will be used in the review application. The use of materials, colors and massing shall be in harmony with the illustrative designs established for the area.
(b) Illustrative sketches of the various compatible building massing and styles to be used in the design of the buildings and additions are presented in matrix form. (See illustration #1 attached to this section.) Images or drawings, or a combination thereof, are presented with the design guidelines and include letters of identification for each neighborhood in which they are permitted. (See illustration #2 attached to this section.)

(1) Building massing and style. The building mass is the shaped volume of a structure, including sides and roofs, and the size of the base or footprint, and shows the expected range of base size. Massing will also reflect the style of the structures.

a.     Roof types and materials, gables and dormers. The variation of roof types shows the various pitches, shapes and forms. Cross gables and dormers can be appropriate to give character to the building.
b.     Facade treatments and facade materials. The facade is the primary element that defines the character of a building. There are various facade elements which are shown in the illustrations attached to this section, including window and door openings and proportions. Most facades have a defined base or foundation, a middle or modulated wall, and a top formed by a pitched roof or articulated cornice. Such divisions create a more positive relationship to the human scale. All buildings shall be above the approved grade. Wall materials should be based upon the traditional use of materials in each of the areas. Materials which have aged without excessive deterioration will prove to be the best for the local climate. New materials may be introduced if they closely emulate the look and feel of traditional materials.
c.     Porches. The porch category illustrates the style, mass, roof form, overhangs, columns, balustrades and stair types for porches.

(2)     Landscaping, fences, walls, berms and hedges.

a.     The treatment of the front yard shall be defined using landscaping. Such landscaping defines the transition from the public to the semipublic and private space. Size, height, materials and character should be compatible. There should be variety with harmony. There are many patterns that can be used as framework, as shown in the illustrations attached to this section. Walls, fences, hedges and landscaping are also regulated by chapter 12 of this Code.
b.     Berms may be used as part of the landscaping or as a greenbelt or buffer. They shall be designed to be consistent with the architectural character of the buildings to be located on the site and shall consist of landscaped earth mounds possessing a maximum slope ratio of four feet horizontal to one foot vertical, except where retaining walls are used. Side slopes shall be designed and planted with sod or hydro seeded to prevent erosion. Trees and shrubs shall be used to enhance aesthetic appeal. In the instances where a berm is included as part of a greenbelt, a detailed drawing and cross section of the proposed berm and landscaping shall be provided as part of the landscape plan.

(3)     Streetscape, pavement materials and textures. Pavement, including concrete, asphalt, brick paving blocks and similar materials, textures and colors, should be included for walks, drives and pedestrian areas. Concrete is the basic walk material, but alternatives should be pursued to replace or highlight concrete. Concrete can be colored and scored to replicate traditional paving materials. Brick pavers may replace concrete or define the edges of a sidewalk. The more surface texture, the more positive the area appears. The patterns, colors and materials that will be accepted are those that are in harmony with each area.
(4)     Colors. A harmonious range of colors should be used. The use of too many colors in a neighborhood creates visual clutter. Most neighborhoods use a range of colors which may have changed with the various architectural portrayals, yet remain compatible. These colors should be matched, and compatible colors may be added. Compatible accent colors may be used for doors, shutters or other such features, provided that they blend harmoniously with the color selected for the principal structure. Color choices for new buildings or additions may also be derived from the setting. Acceptable colors will enhance the character of the area. A palette of these colors has been prepared, and base colors used must fall within the range and hue of colors set forth in the palette. A maximum of two base colors and four accent colors is recommended.

GRAPHIC LINK: Design Guidelines

GRAPHIC LINK: Building Massing and Style

GRAPHIC LINK: Landscaping and Streetscape

(Ord. No. 200, art. 9, § 902, 7-7-1997)
Secs. 40-174--40-200.  Reserved.

ARTICLE IV.  RESIDENTIAL DESIGN REVIEW REQUIREMENTS

Sec. 40-201.  Procedures.
(a) Development review employs two different approaches, based on whether or not the proposed building or change is residential or nonresidential. Detached one-family dwellings and accessory building plans for construction, reconstruction, addition, remodeling, alteration, changes in color, or exterior facing of exteriors or appearance are processed and regulated under the provisions of article III of this chapter. Nonresidential buildings, attached one-family dwellings, accessory structures, and parking and storage areas for such uses are regulated by section 40-422.
(b) Changes in color or the exterior appearance of a detached one-family dwelling or a structure accessory to such dwelling that do not require a building permit may proceed if such changes are in compliance with the development standards of article III of this chapter and may be undertaken without review. If