HomeMy WebLinkAboutPLANNING MINUTES 1963-08-05 34
MINUTES OF THE 153RD REGULAR MEETING
III OF THE CITY PLANNING COMMISSION OF THE
CITY OF LIVONIA
liOn Ronday, August 5, 1963 the City Planning Commission of the City of Livonia held
the 153rd Regular Meeting at the Livonia City Hall, 33001 Five Mile Road, Livonia,
Michigan. Mr. Edward G. Milligan, Vice-Chairman, called the Regular Meeting to order
in the absence of Mr. Charles W. W..lker, Chairman, at approximately 8:30 p.m.
Members present: Robert L. Angevine, Edward G. Milligan, James Cameron, Dr.
Daniel Allen, Milton Ingold, W. E. Okerstrom.
Members Absent: Dennis Anderson, Charles W. Walker
Mr. David R. McCullough, City Planner and Mr. Charles J. Pinto, Assistant City
Attorney were present.
Mr. McCullough announced the first item on the agenda was a motion to hold a public
hearing to determine whether or not to adopt the proposed new zoning ordinance and
zoning map, designated as Part IV of the Master Plan. He stated Mr. Pinto had a few
remarks to make relative to the provedure of adopting said zoning ordinance and zoning
map. ,
Mr. Pinto informed the Commission that two resolutions had to be adopted by the
Commission. The first will tentatively approve the proposed ordinance and map. A
certified copy of the resolution along with a copy of the proposed ordinance and map
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will be forwarded to the City Council. The certified resolution will state also that
the minutes of tonight's meeting will include the proposed new ordinance and map.
The second ' ..olution will establish a public hearing to determine whether or not to
adopt said new zoning ordinance and map.
Mr. Pinto informed the Secretary of the City Planning Commission Department, Mrs.
Evonne Aucutt, to forward eight (8) copies of the zoning ordinance and map, said
ordinance End map to include the signature of the Secretary of the Planning
Commission, R. L. Angevine, to the City Clerk. The City Council will adopt a
resolution at their next meeting acknowledging receipt of the tentative report of
the Commission and will take further notice of the fact that a public hearing on such
new zoning ordinance and map has been set by the City Planning Commission.
Mr. Pinto concluded by stating that his transmittal letter to the Planning Commission
includes a proposed resolution adopting the new zoning ordinance and map -i ch will
also include any changes that the Planning Commission decides to make during the
public hearing or subsequent meetings.
Upon a motion duly made by Dr. Allen, supported by Mr. Cameron, it was
#8-151-63 RESOLVED, that the City Planning Commission of the City of Livonia,
having formulated and prepared a proposed new comprehensive zoning
ordinance of and for the City of Livonia together with a new zoning
map, referred to and made a part of the said ordinance, all of which
was done pursuant to the direction of the City Council in its
resolution #941-62 adopted on December 19, 1962, and pursuant also
to the provisions of Act 207 of the Public Acts of Michigan of 1921,
ILL as amended, and the Commission having very carefully reviewed the
proposed ordinance and map for the purpose of conducting a public hearing
thereon pursuant to said Act 207 of the Public Acts of Michigan of
1921, as amended, and does hereby order said proposed ordinance (including
zoning map)
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OV,3 69-0
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AN ORDINANC,E TO ESTABLISH DISTRICTS IN THE
CITY OF LIVONIA; TO REGULATE THE USE OF
LAND AND STRUCTURES THEREIN; TO REGULATE
AND LIMIT THE HEIGHT, THE AREA, THE BULK
AND LOCATION OF BUILDINGS; TO REGULATE
AND RESTRICT THE LOCATION OF TRADES AND
INDUSTRIES AND THE LOCATION OF BUILDINGS
DESIGNED FOR SPECIFIED USES; TO REGULATE
AND DETERMINE THE AREA OF YARDS, COURTS
AND OTHER OPEN SPACES; TO REGULATE THE
DENSITY OF POPULATION; TO PROVIDE FOR THE
ADMINISTRATION AND ENFORCEMENT OF THIS
ORDINANCE; TO PROVIDE FOR A BOARD OF APPEALS
AND ITS POWERS AND DUTIES; AND TO PROVIDE A
PENALTY FOR THE VIOLATION OF THE TERMS
THEREOF.
THE CITY OF LIVONIA ORDAINS:
ARTICLE I
TITLE, PURPO;SF;, CONSTRUCTION
AND ENABLING AUTHORITY
Section 1.01 Short Title. This ordinance shall be known and may be cited
as the City of Livonia Zoning Ordinance.
Section 1. 02 Purpcse. Tie comprehensive plan of this ordinance is for the
purpose of promoting public health, safety, morals, convenience, comfort, amenities,
prosperity, and general welfare of the community and of a wholesome, serviceable
and attractive municipality, by having regulations and restrictions that increase the
safety and security of home life; -that preserve and create a more favorable environ-
ment in which to rear children; that develop permanent good citizenship; that stabilize
and enhance property and civic values; that provide for a more uniformly just land-use
pattern and tax assessment basis; that facilitate adequate provisions for increased
safety in traffic and for transportation, vehicular parking, parks, parkways, recre-
ors ation, schools, public buildings, housing, light, air, water supply, sewerage,
sanitation, and other public requirements; that lessen congestion, disorder and danger
which often inhere in unregulated municipal development; that prevent overcrowding
of land and undue concentration of population; that assist in carrying out the Master
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410 Plan of the City of Livonia; and that provide more reasonable and serviceable means
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and methods of protecting and safeguarding the economic structure upon which the
good of all depends. In order to more effectively protect and promote the general
welfare and to accomplish the aims and purposes of this comprehensive plan, the
City is divided into districts of such number, shape and area, and of such ommon
unity of purpose, adaptability of use, that are deemed most suitable to provide for
the best general civic use, protect the common rights and interests within each
district, preserve the general rights and interests of all, and to promote improved
wholesane, sightly, harmonious and economic results in civic service, activities
and operations; and by further regulations to limit the location, uses and occupancy
of buildings, structures and land to be used for trade, industry, residence or other
purposes, and also the location, height, bulk, occupancy, and uses of buildings and
Eother structures, including the percentage of plot occupancy and coverage, street
setback lines, sizes of yards, and other open spaces.
Section 1. 03 Construction. This ordinance shall be liberally construed in
such manner as to best effectuate its purpose. In interpreting and applying the pro-
visions of this ordinance, they shall be held to be the minimum requirements for the
promotion of the public health, safety, convenience, comfort, prosperity and general
welfare. Whenever the requirements of this ordinance impose requirements of lower
heights of buildings, or a less percentage of lot that may be occupied or require
wider or larger courts or deeper yards than are imposed or required by existing pro-
visions of law or ordinance, the provisions of this ordinance shall govern. Where,
however, the provisions of the State Housing Code or other ordinance or regulations
of the City of Livonia impose requirements for lower heights of buildings or less
percentage of lot that may be occupied or require wider or larger courts or deeper
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yards than are required by this ordinance, the provisions of the State Housing Code
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or other ordinance or regulations shall govern. The provisions of this ordinance
shall be construed, if possible, in such manner as to make such provisions
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4,1, compatible and consistent with each other and likewise with the provisions of all
existing and future ordinances of the City of Livonia, and all amendments thereto;
provided, however, that where any inconsistency or conflict cannot be avoided, then
the most restrictive of such inconsistent or conflicting provisions shall control and
prevail.
Section 1. 04 Enabling Authority. This ordinance is adopted pursuant to
Act 207, Public Acts of Michigan, 1921, as amended; Act 285, Public Acts of
Michigan, 1931, as amended; Act 208, Public Acts of Michigan, 1-949, as amended;
Section 1 of Chapter II and Sections 11 and 20 of Chapter IV of the Charter of the
City of Livonia. Said acts are hereby made a part of this ordinance just as if they
were word for word repeated herein.
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ARTICLE II
DEFINITIONS
Section 2. 01 Definitions Pertaining to Grammatical Usage.
(1) Meaning of Words and Phrases. The words and phrases defined in this
article, when used in this ordinance, shall, fcr the purpose of this ordinance, have
the meanings ascribed to-them in this article, except in those cases--where the con-
text clearly indicates a different meaning. Words used in the present tense include
the future tense, words in the singular number include the plural number, words in
the plural number include the singular number, and the word "shall" is always
mandatory and not merely directory. The word "building" includes the word
"structure, " and the word "dwelling" includes the word "residence. " The word
"lot" includes the word
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CIL (2) Occupied and Used. The word "occupied" and the word "used" shall
each be considered and construed as though followed by the words "or intended,
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arranged or designed to be used or occupied. "
3 (3) Person. The word "person" shall include any individual, firm, co-
partnership, corporation, company, association, club, joint venture, estate, trust
or any other group or combination acting as a unit, and the individuals constituting
such group or unit and the plural as well as the singular number; the singular
masculine pronoun shall include the feminine, neuter and plural unless the intention
to give a more limited meaning is disclosed by the context.
Section 2. 02 Definitions of General Zoning Terms.
(1) Board of Appeals. The Zoning Board of Appeals created pursuant to
the provisions of Act 207, Public Acts of Michigan of 1921, as amended.
(2) Building Official. The Chief Inspector or any of his duly authorized
assistants.
(3) Bureau of Inspection. The Bureau of Inspection of the City of Livonia.
(4) Family. A family is any number of persons living together in a single
dwelling unit comprising a single housekeeping unit and related by blood, marriage,
adoption, or any unrelated person who resides therein as though a member of the
family and including the domestic employees thereof. Any group of persons not so
related but inhabiting a single dwelling unit shall, for the purpose of this ordinance,
be considered to constitute one family for each five persons, exclusive of domestic
employees, contained in such group.
(5) Foster Home. A dwelling in which no more than four (4) children
under nineteen (19) years of age temporarily reside with an unrelated adult for the
purpose of care, supervision or training, provided that such home is licensed as
a foster have by the State of Michigan.
(6) Master Drainage Plan. Part VI of the Master Plan of the City of
Livonia, which part relates to the major drainage system of the City and adopted
pursuant to the provisions of Act 285, Public Acts of Michigan of 1931, as amended.
(7) Master Thoroughfare Plan. Part I of the Master Plan of the City of
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Livonia, which part relates to the major street system of the City and was adopted
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pursuant to the provisions of Act 285, Public Acts of Michigan of 1931, as amended.
(8) Non-Conforming Building. A building or structure, lawfully existing
at the time of enactment of this ordinance or a subsequent amendment thereto, that
does not conform to the regulations or provisions of this ordinance applicable to the
zoning district in which it is located.
(9) Non-Conforming Use. A use of a building or structure or of a tract
of land, lawfully existing at the time of enactment of this ordinance or a subsequent
amendment thereto, that does not conform to the regulations or provisions of this
ordinance applicable to the zoning district in which it is situated.
(10) Planning Commission. The City Planning Commission created pur-
suant to the provisions of Act 285, Public Acts of Michigan of 1931, as amended.
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(11) Single Ownership. Ownership by a person or by two or more members
of the same family of a lot of record which is completely isolated from any other
property held by the same person or persons.
(12) Subdivision Regulations. Regulations and amendments thereto adopted
by the City Planning Commission pursuant to the provisions of Act 285, Public Acts
of Michigan of 1931, as amended.
(13) Use. The purpose for which land or buildings thereon are designed,
arranged or intended to be occupied or used, or for which they are occupied or
maintained.
(14) Variance. A modification of the literal provisions of this ordinance
granted when strict enforcement thereof would cause undue hardship or practical
difficulty owing to circumstances unique to the specific property on which the
modification is granted by the Board of Appeals.
/r' (15) Waiver. The term applied to a use that requires approval by the
SoI Board of Appeals, if the Board shall find that the proposal for any such use com-
plies with the special requirements therefor and with the general standards set
forth in this a•dinance.
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Section 2. 03 Definitions Pertaining to Rights-of-Way and Public Utilities.
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(1) Alley. A passage or way open to public travel, not more than thirty (30)
feet wide, affording a secondary means of vehicular access to abutting property and
not intended for general traffic circulation.
(2) Cul-de-sac, A street with only one outlet having sufficient space at
the closed end to provide vehicular turning facilities.
(3) Essential Services. The term "essential services" shall mean the
construction, alteration or maintenance by private companies or municipal depart-
ments or commissions of the various transmission, distribution or disposal systems
that are necessary for the preservation of the public health, safety or general wel-
fare, such as gas, electricity, telephone, telegraph, fire alarm, steam, water and
sewage. This term shall also include all poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants
and.other similar equipment or accessories reasonably necessary for the furnishing
of adequate service by such private company or municipal department or commission,
but it shall nct be deemed to include buildings or public utility substations.
(4) Public Utility. Any person, firm, corporation, municipal department
or board, duly authorized to furnish and furnishing general community services to
the public, under state or municipal regulations, including, but not restricted to,
electrical, gas, steam, communication, transportation, sewer or water service,
(5) Public Utility Buildings. This term shall include telephone exchange
buildings, transformer stations and substations, gas regulator stations and similar
structures.
(6) -Master Thoroughfare. An arterial street intended to serve as a large
volume trafficway for both the City of Livonia and the region beyond and which may
be designated as a parkway, freeway, expressway, or equivalent term for identifi-
cation purposes. Any street with a width, either existing or proposed (as shown on
the Master Thoroughfare Plan) of one hundred twenty (120) feet or more shall be
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(IL considered a master thoroughfare.
(7) Street. A dedicated and accepted public thoroughfare, other than a
public alley, open to public travel, whether designated as a road, avenue, highway,
boulevard, drive lane, circle, place, court, terrace or any similar designation, or
a permanent unobstructed private easement of access having a right-of-way at least
thirty (30) feet in width and a roadway suitable for vehicular travel at least twelve
(12) feet wide, which affords the principal means of vehicular access to abutting
property.
Section 2. 04 Definitions of Basic Types of Buildings and Uses,
(1) Building, Accessory. A subordinate building or structure whether
attached or detached or a subordinate adjunct to the principal building, the use of
which is customarily incidental to the permitted use of the principal building.
(2) Building, Principal. A building or, where the context so indicates,
a group of buildings in which is conducted the main or principal useof the lot on
which said building is situated.
(3) Use, Accessory. A use normally incidental to, and subordinate to
the principal use of the premises.
(4) Use, Principal. The primary and chief purpose for-which a lot is
used.
Section 2. 05 Definitions of Basic Building and Structural Terms.
(1) Alterations. A change, addition or modification in construction or
type of occupancy, any change in the structural members of a building, such as
walls or partitions, columns, beams or girders, the consummated act of which
may be referred to herein as "altered" or "reconstructed. "
or (2) Basement. That portion of a building which is wholly or partly below
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the average grade of the ground level adjoining the building is a basement when the
height from the grade up to the first floor level is less than the height from the
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41 grade level downto the floor; provided, however, that if the height from the grade
level to the first floor level is five (5) feet or more, such basement shall be con,
sidered a story.
(3) Building. Any structure, either temporary or permanent, having a
roof and used or built for the shelter or enclosure of persons, animals, chattels,
or property of any kind. This shall include tents, awnings or vehicles situated on
private property and used for purposes of a building.
(4) Building Area. That portion of the lot occupied by the-main building,
accessory building and other structures. The term is synonymous with lot coverage.
(5) Building, Front of. That facade of a building most nearly parallel to
and nearest the front lot line.
(6) Building Height. The vertical distance measured from grade to the
j highest point of the roof surface in the case of a flat roof; to the deck line for
mansard roofs; to the ridge for gable, hip or gambrel roof of a building.
(7) Building Line. The line formed by the outer surface of a building or
structure or enclosure wall at ground level.
(8) Erected. The word "erected" includes built, constructed, reconstructed,
moved upon, or any physical operations on the premises required for the building.
Excavations, fill, drainage, and the like, shall be considered a part of erection.
(5) Mezzanine. An intermediate floor in any story occupying not to exceed
one-third (1/3) rf the floor area of such story.
(10) Story. That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, or any-portion of a
building between the upper surface of the topmost floor and the ceiling above it.
(11) Story, Half. A half story is an uppermost story lying under a sloping
roof, the usable floor area of which does not exceed seventy-five (75) per cent of
4FIL the floor area of the story immediately below it.
(12) Structure. A structure is anything erected or constructed which requires
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(it permanent location on the ground or attachment to something having such location.
(13) Usable Floor Area, Residential. The measurement of usable floor
area for residential uses shall be the sum of the area of the first floor, as
measured to the ext erior face of the exterior walls, plus that area, similarly
measured, of all other stories having more than ninety (90) inches of headroom
that are accessible by a fixed stairway and which may be made usable for human
habitation, but excluding the floor area of uninhabitable basements, cellars,
garages, accessory buildings, attics, unenclosed breezeways, and unenclosed
porches.
(14) Usable Floor Area, Non-Residential. The measurement of usable
floor area for non-residential uses shall be the sum of the area of the first floor,
E as measured to the exterior face of the exterior walls, plus that area, similarly
measured, of all other stories that are accessible by a fixed stairway, ramp,
escalator or elevator, which may be made fit for occupancy; the measurement shall
include the floor area of alla.ccessory buildings measured similarly.
(15) Utility Room. A utility room, or space, is a room, or space, located
other than in the basement, specifically designed and constructed to house any home
utilities such as the heating unit and laundry facilities.
Section 2. 06 Definitions Pertaining to Lots and Areas.
(1) Lot. A platted lot in a recorded subdivision, ora parcel of land, in-
cluding, in addition to the land required to meet the regulations of this ordinance,
all of the land area shown in a request for a Zoning Compliance Permit or Building
Permit, occupied by a principal building or use and any accessory building or use.
(2) Lot, Area. The total horizontal area within the lot lines of a lot.
0" (3) Lot, Corner. A lot located at the intersection of two or more streets
Soli where the corner interior angle formed by the intersection of the two streets is
one hundred thirty-five (135) degrees or less; a lot abutting upon a curved street
or streets if tangents to the curve, at the two points where the lot lines meet the
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curve, form an interior angle of less than one hundred thirty-five (135) degrees.
(4) Lot, Interior. An interior lot is a lot other than a corner lot.
(5) Lot Lines. The lines bounding a lot as defined herein. In case a
recorded ownership is to the center line of a public thoroughfare, the lot line, for
the purposes of this ordinance, shall be the outside line of the right-of-way as
shown on the Master Thoroughfare Plan.
(6) Lot Line, Front. The line abutting a street. -_..-On a corner lot the
shorter street line shall be considered the front lot line. Where new street lines
are established by ordinance or the Master Thoroughfare Plan of the City of Livonia,
such lines shall be the front lot line.
(7) Lot Line, Side. A side lot line is any lot boundary line not a front lot
line or a rear lot line. A side lot line separating a lot from a street is a side
E street lot line. A side lot line separating a lot from another lot or lots is an in-
terior lot line.
(8) Lot Line, Rear. The rear lot line is that boundary which is opposite
and most distant from the front lot line. In the case of a lot pointed at the rear,
the rear lot line shall be that assumed line parallel to the front lot line, not less
than ten (1-0) feet long, lying most distant from the front lot line and wholly within
the lot.
(9) Lot Coverage. That part or per cent of the lot occupied by buildings,
including accessory buildings.
(10) Lot Depth. The average depth of a lot.
(11) Lot Width. The dimension of a lot measured between side lot lines
at a distance of twenty-five (25) feet from the front lot line.
(12) Lot, Double Frontage. An interior lot having a street line for both
the front lot line and the rear lot line.
(It (13) Lot of Record. A lot of record is a lot the dimensions of which are
shown on a plat recorded in the office of the Register of Deeds prior to the effective
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date of this ordinance, and which actually exists as so shown.
(14) Outlot. An outlot is a parcel of land which must be designated on a
recorded plat as an outlot before it may be legally considered as such.
(15) Yards. The open spaces on the same lot with a principal building are
established by and between the lot lines, and the required building setback lines and
which are open, unoccupied and unobstructed by any structure or any part thereof
from the ground upward, except as may otherwise be provided in this ordinance.
(16) Yard, Front. A front yard is an open space extending the full width
of a lot, and of a uniform depth equal to required setback line as measured hori-
zontally and perpendicular to the front lot line, unoccupied from the ground upward
except as hereinafter specified.
(17) Yard, Side. A side yard is an open space extending from the front
yard to the rear yard, and of a uniform width equal to the required setback line
measured horizaztally and perpendicular to the side lot line and unoccupied from
the ground upward except as hereinafter specified.
(18) Yard,Rear. A rear yard is an open space extending the full width of
a lot and of a uniform depth equal to the required setback line 'measured horizontally
and perpendicular to the rear lot line and unoccupied from the ground upward except
as hereinafter specified.
(19) Setback Lines. A line marking the setback distance from the lot
lines which establishes the minimum required front, side or rear yards of a lot.
Section 2.-07 "Definitions Pertaining to Types of Dwellings.
(1) Apartments. The dwelling units in a multiple dwelling as defined herein:
(a) One Bedroom Unit: Is a dwelling unit containing a minimum
net floor area of at least four hundred and fifty (450) square feet
per unit, consisting of not more than three (3) rooms, in addition
to kitchen and necessary sanitary facilities, and for the purposes
of computing density shall be considered as a three (3) room unit.
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(b) Two Bedroom Unit: Is a dwelling unit containing a minimum
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net floor area of at least six hundred (600) square feet per unit,
consisting of not more than four (4) rooms, in addition to kitchen
and necessary sanitary facilities, and for the purposes of computing
density shall be considered as a four (4) room unit.
(c) Three or More Bedroom Unit: Is a dwelling unit wherein for
each room in addition to the four (4) rooms permitted in a two (2)
bedroom unit, there shall be provided an additional area of one
hundred and fifty (150) square feet to the minimum net floor area
of six hundred (600) square feet. For the purpose of computing
density, said three (3) bedroom unit shall be considered as a
E five (5) room unit and each increase in a bedroom over three (3)
there shall be an increase in the room count by one (1) over the
five (5).
(2) Dwelling Unit. A building or portion thereof designed as a unit for
occupancy by only one (1) family for residential living purposes and having principal
kitchen facilities.
(3) Dwelling, One-Family. A separate detached building designed ex-
clusively for and containing only one (1) dwelling unit.
(4) Dwelling, Two-Family. A separate detached building designed ex-
clusively for and containing only two (2) dwelling units, each of which is independent
from the other.
(5) Dwelling, Multiple Family. A building containing three (3) or more
dwelling units arranged either side by side or one above the other.
(6) Dwelling, Converted. A "converted dwelling" is a building containing
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Simore dwelling units than the number for which it was originally designed and con-
structed.
(7) Mobile Home. (The term, as used in this ordinance, shall be
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tit synonymous with house trailer, automobile trailer, trailer coach and trailer home. )
Any vehicle used, or so constructed as to permit its use as a conveyance upon the
public streets or highways and duly licensed as such, which shall include self-
propelled and norl-self-propelled vehicles , and so designed, constructed, recon-
structed or added to by means of an enclosed addition of room, in such-manner as
will permit the occupancy thereof as a dwelling unit or rooming unit for one (1) or
more persons and having no foundation other than wheels.
Section 2. 08 -Definitions of Terms Relating to Commercial Buildings and
Uses.
(1) Garage, Community. A community garage is a structure, or a series
of structures, fa- the storage of motcr vehicles, having no public shop or services
Ein connection therewith, and separated into compartments or sections with separate
vehicular entrances, for the use of two or more owners or occupants of property in
the vicinity.
(2) Garage, Public. A public garage is a structure, other than a private
or community garage, for the storage, care, repair or refinishing of motor vehicles,
except that a structure or room used solely for the display and sale of such vehicles,
in which they are not operated under their own power and in connection with which
there is no repair, maintenance or refinishing service or storage of vehicles other
than those displayed, shall not be considered a garage for the purposes of this
ordinance.
(3) Gasoline Service Station. Buildings or premises, or portions thereof,
arranged cr designed to be used for the retail sale of oil, gasoline, or other fuel for
the propulsion or lubrication of motor vehicles, including facilities for changing of
rtires, tube repairing, polishing, greasing, washing or minor servicing of such motor
Sovehicles, but excluding high-speed automotive washing, high-speed automotive steam
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cleaning, body repairing, chassis repairing, and bumping and painting.
(4) Home Occupation. An occupation, business or professional service
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customarily engaged in by residents in their dwelling, provided:
(a) That such occupation is incidental only to the residential use
to the extent that not more than twenty per cent (20%) of the usable
floor area of the principal building shall be occupied by such
occupation;
(b) That no article or service is sold or offered for sale on the
premises except such as is produced by such occupation;
(c) That such occupation shall not require internal or external
alterations or construction features or equipment or machinery
not customary in residential areas; and
(d) That there be not more than one (1) employee other than
members of the resident family;
provided further, no sign shall be used in connection with a home occupation other
than one (1) non-illuminated name plate attached to the building entrance which is
not more than one (1) square foot in area. Restaurants, beauty and barber shops,
dancing schods, clinics, hospitals, tearooms, tourist homes, animal hospitals
and veterinarian offices, shall not in any case be construed as either a home
occupation, business or professional service.
(5) Hotel. A hotel is any building containing primarily rooming units
with the number of dwelling units being not greater than ten per cent (10%) of the
total number of rooming units and, with the exception of the unit occupied by the
management staff, used only for the accommodation of transients.
(6) Junkyard. Place, structure, or parcel of land where junk, waste,
discarded, salvaged, or similar materials,such as old iron or other metal, wood,
lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc. ,
are bought, sold, exchanged, baled, packed, disassembled, or handled, including
auto wrecking yards, used lumber yards, house wrecking yards, and places or
yards for use of salvaged house wrecking and structural steel materials and
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equipment and excluding pawn shops, establishments for the sale, purchase or
storage of used cars, salvaged machinery, used furniture, radios, stoves, refri-
gerators, or similar household goods, and the processing of used, discarded or
salvaged materials as part of manufacturing operations.
(7) Kennel. A "kennel" is a building, pen or enclosure used for the
keeping, sheltering, maintaining or boarding of four (4) or more dogs, or for the
keeping or boarding of any number of dogs as a regular business. The term
"kennel" shall not include the keeping or maintaining of puppies less than three (3)
months old when borne by dogs which are legal accessory house pets.
(8) Loading Space. An off-street space on the same lot with a building,
or group of buildings, for the temppnary parking of a commercial vehicle while
loading or unloading merchandise or vehicles.
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(9) Motel. A motel is a building or group of buildings, cabins, courts
or similar structures, containing primarily rooming units with the number of
dwelling units being not greater than ten per cent (10%) of the total number of
rooming units, and designed, intended and actually used, if at all, for the pro-
vision of sleeping accommodations for travelers and auxiliary facilities for the
person or persons in charge of such motor court. The term "motel" shall include
tourist cabins, motor courts, auttmobile courts, auto cabins, motor lodges and
similar facilities within this definition, but it shall not include tourist homes,
rooming houses, boarding houses, multiple dwellings or hotels.
(10) Mobile Home Court. A lot, parcel or tract of land used as the site of
occupied mobile homes, including any building, structure, vehicle or enclosure
used as part of the equipment of such mobile home court, and licensed or licensible
under the provisions of Act 243, Public Acts of 1959, State of Michigan, as amended,
f
for such purposes.
(11) Mobile Home Stand. A plot or section of ground within a mobile home
court designed and situated so as to provide for the parking of the mobile home, the
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(it necessary open space around the mobile home and the placement of its accessory
structures.
(12) Nursery. Any grounds or premises on or in-which nursery stock
is propagated, grown or cultivated for the purpose of distributing and/or selling
the same as a business and required to be licensed under Act 189, Public Acts
of 1931, as amended.
(13) Restaurant, Drive-In. A drive-in or open-air restaurant is any
establishment where food, frozen dessert and/or beverages are sold to the
customer in a ready to consume state and where the customer consumes or is
likely to consume said food, frozen dessert and/or beverages in an automobile
parked on the premises, at a stand-up counter, or at other facilities-which are
provided for the use of the customer and which are located outside the building.
The term drive-in restaurant shall include the "self-service" type of restaurant
whether there is or is not space provided for eating within the building and the
"automat" type cf eating establishment .
(14) Theater. An enclosed building used principally for presenting
performances or motion pictures which are observed by paying patrons from
seats situated within the building.
(15) Theater, Drive-In. An open-air theater constructed and operated
in an established location, without cover or roof, displaying motion pictures for
the general public who view the screen or stage while seated in automobiles. The
term as used herein shall mean and include the entire premises upon which such
theater is constructed, ir7Gl.iding parking areas, and all other facilities accessory
to such business but excluding driveways and marquees.
(16) Used Car Lot. A used car lot shall include and refer to any lot or
r
Soparcel of land or to any part thereof used for the identification, exchange, or sale
of used motor vehicles or used house trailers of any description whatsoever.
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41 Section 2. 09 Definitions of Parking germs.
(1) Off-Street Parking Lot. A facility providing vehicular parking spaces
with adequate drives and aisles for maneuvering, so as to provide access for entrance
and exittfor the parking of more than two (2) vehicles.
(2) Parking Space. An area not less than ten (10) feet in width and two
hundred twenty (220) square feet in area suitable for the parking of a motor vehicle
with a driveway connecting such parking space with a street or alley, arranged to
facilitate the convenient and safe ingress and egress of a motor vehicle. The mini-
mum area required above shall be exclusive of necessary driveways, aisles or
maneuvering areas for all uses other than one and two family dwellings.
Section 2. 10 Definitions of Miscellaneous Terms.
(1) Agriculture. The art and science of cultivating the ground, the pro-
3
t
I duction of crops or livestock, and the processing of milk produced on the farm on
which the processing is located; excluding, however, commercial greenhouses, the
sale of nursery stock, riding stables, mink or fox or similar fur farms, hog or
poultry farms using garbage as the principal source of feed, and dairy processing
operations.
(2) Church. A building wherein persons regularly assemble for religious
worship and which is maintained and controlled by a religious body organized to
sustain public worship, together with all accessory buildings and uses customarily
associated with such primary purpose.
(3) Farm. A farm is a platted or unplatted parcel of land more than three
(3) acres in area in single ownership or single operation on which agriculture takes
place.
(4) Garage, Private. A private garage is a structure for the storage
I principally of non-commercial motor vehicles, having no public shop or services
in connection therewith, and occupying a ground floor area of not to exceed six
hundred sixty (660) square feet, except that on lots which are one-half (1/2) acre
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or more, a ground floor area not to exceed seven hundred twenty (720) square feet
shall be permitted.
(5) Home, Tourist, A dwelling furnishing overnight sleeping quarters to
transient guests, and containing not more than three (3) guest bedrooms.
(6) Hospital. A hospital is an institution for the diagnosis and treatment
of sick or injured people with both in-patient and out-patient facilities. The term
"hospital" shall not include any institution established principally for the care of
mental disorders or the treatment of alcoholics or drug addicts.
(7) House, Rooming. A rooming house is a building where, for compen-
sation,and by prearrangement for definite periods, lodging or lodging and meals are
provided for more than three (3) persons. The term "rooming house" shall include
Elodging house and boarding house, but not a tourist home, automobile court, hotel
or motor court.
(8) House Unit, Rooming. Any room or group of rooms, forming a single
habitable unit used for living and sleeping, but which does not contain cooking or
eating facilities.
(1 Name Plate. A sign indicating the name and/or address of a building
or the name cf an occupant thereof and the nature of a permitted occupation therein.
(10) Nursing, Home (Convalescent Home Sheltered Care Home) An estab-
lishment for the care of children or the aged or infirm. Such an establishment
shall not contain equipment for or provide care in maternity cases or for psychotics
or other unruly, mentally deranged persons nor for surgical or medical cases
commonly treated in hospitals, and shall be licensed as a nursing home by the State
of Michigan.
r (11) Orphanage. An institution for the care of orphans under sixteen (16)
41 years of age.
(12) School. A building used for the purpose of elementary or secondary
education, which meets all requirements of the compulsory education laws of the
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lits State of Michigan,. and not providing residential accommodations.
(13) School, Nursery. A public or private school or kindergarten wherein
day care or day care and education are provided for five (5) or more children aged
five (5) years and under.
(14) School, Private. A building used for the purpose of elementary or
secondary education and having a curriculum essentially the same as ordinarily
given in a public school.
(15) Sound Level. Sound level, in decibles, is defined as the reading of
a sound level meter which conforms to the latest standards of the American
Standards Association for Sound Level Meters. The decible reading shall be based
on the 70 DB weighting network and shall be the average of five (5) readings taken
at intervals approximately five (5) feet apart, at a height of five (5) feet above the
I
established grade.
ARTICLE III
ZONING DISTRICTS
Section 3.01 Establishment of Zoning Districts. For the purpose of this
ordinance, the City of Livonia is hereby divided into the following zoning districts
which shall be known by the following respective names and symbols:
R-1 One Family Residential District
R-2 One Family Residential District
R-3 One Family Residential District
R-4 One Family Residential District
R-5 One Family Residential District
R-U-F Rural Urban Farm District
411L
A G General Agricultural District
R-6 Two Family Residential District
R-7 Multiple Family Residential District
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41. PS Professional Service District
C-1 Local Business District
C-2 General Business District
P-L Public Lands District
P Parking District
R-E Research-Engineering District
M-L Manufacturing Limited District
M-1 Light Manufacturing District
M-2 General Manufacturing District
Section 3.02 Adoption of Zoning Map. The attached map, as identified by
the signatures of the Mayor and City Clerk, together with all notations, references
and other information shown thereon, is hereby approved and adopted. Such map,
together with all amendments which may be hereafter made thereto, shall be known
and cited as the Zoning Map of the City of Livonia for all purposes. The Zoning
Map of the City of Livonia is hereby made a part of this ordinance :with the same
effect as if all matters and information set forth in said map were fully described
therein.
Section 3. 03 District Areas. The areas assigned to and included in the
districts created in Section 3. 01 of this ordinance, together with the designation
and boundaries 1 said districts as shown on the Zoning Map of the City of Livonia,
are hereby established.
Section. 3. 04 Sections of Zoning Map. The Zoning Map of the City of
Livonia is hereby divided into thirty-six (36) sections which shall be the same in
rarea, boundaries and location as the thirty-six (36) sections of the Township of
410;
Livonia, also known as Town One (1) South, Range Nine (9) East, Wayne County,
Michigan, and which shall be known Ty-the same section numbers as the correspond-
ing sections of said township,
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41110 Section 3. 05 Amendments of Zoning Map. The Zoning Map of the City of
Livonia may be amended from time to time, in whole or in part, by ordinance to
which there shall be attached a map of the section or sections, or any part thereof,
affected by the amendment or amendments set forth in such ordinance. Each map
showing an amendment shall be designated "Amendment No. to the Zoning
Map of the City of Livonia" and shall be given a number. Whenever the Council
shall cause the Zoning Map of the City of Livonia to be amended as a whole, such
map shall contain and show all prior amendments. Each amendment stating or
describing a change in the districts, areas or boundaries established by the pro-
-visions of this article shall be considered and designated as an additional section
of this article. All other amendments shall be effected by re-enacting and pub-
lishing at length the section or sections amended, as provided in Section 23,
EChapter IV of the Charter.
Section 3. 06 Interpretation of the Zoning Map. Where, due to the scale,
lack of detail or illegibility of the Zoning Map accompanying this ordinance, there
is an uncertainty,. contradiction or ccnflict as to the intended location of any Zoning
District boundary as shown thereon, interpretation concerning the exact location
of the Zoning District boundary line shall be determined by the Zoning Board of
Appeals. The Board in arriving at a decision on these matters, shall apply the
following standards:
(1) Zoning District boundary lines are intended to follow lot
lines, or be parallel or perpendicular thereto, or along the center
lines of alleys, streets, rights-of-way, or water courses, unless such
Zoning District boundary lines are fixed by dimensions as shown on
the Zoning Map.
(2) When Zoning'District boundaries are so indicated that
they approximately follow lot lines, such lot lines shall be construed
to be such boundaries.
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(3) In unsubdivided property, or where a zoning district divides
a recorded lot, the location of any such boundary, unless the same is
indicated by dimensions shown on the zoning map, shall be determined
by use of the map scale shown thereon.
(4) If, after the application of the foregoing rules, uncertainty
still exists as to the exact location of a zoning district boundary, the
Board of Appeals shall determine and fix the location of said line in a
reasonable manner to best accomplish the purposes of this ordinance.
Section 3. 07 Districting of Vacated Streets and Alleys. Whenever a
street or alley shall have been vacated, the land within the former street or alley,
or portion thereof, shall automatically be classified in the same zoning district
as the property to which it attaches.
Section 3. 08 District Regulations. Each district, as created in this
article, shall be subject to the regulations contained in this ordinance, Uses not
expressly permitted are prohibited. Waiver uses, because of their nature, re-
quire special restrictions and some measure of individual attention in order to
determine whether or not such uses will be compatible with uses permitted by
right in the district and with the purposes of this ordinance. Waiver uses are
therefore prohibited uses unless a-waiver of such prohibition is obtained from the
City Planning Canmission as provided in this ordinance.
ARTICLE IV
R-1 THROUGH R-5
DISTRICT REGULATIONS
Section 4. 01 Application of Article. The regulations set forth in this
41L article shall apply to all R-1, R-2, R-3, R-4 and R-5 Districts.
Section 4. 02 Permitted Uses. In all R-1 through R-5 Districts no building
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or land, except as otherwise provided in this ordinance, shall be erected or used
fit
except for one or more of the following specified uses:
(a) One family dwellings.
(b) Public schools and public libraries; fire stations and police
stations.
(c) Municipally owned and operated parks, playgrounds and
recreational areas when open and available for use by the residents of
the City of Livonia. •
(d) Temporary buildings or structures for uses incidental to the
construction of residential dwellings and improvements, which buildings
shall be removed immediately upon completion or abandonment of the
construction work.
(e) Golf courses, public and private, including club house
facilities, but not including mi,5ature golf courses or golf driving ranges
operated for either com . -rcial or non-commercial purposes.
(f) Garde • g and the growing of vegetables, fruits, flowers,
shrubs and t. es, provided such items are not offered for sale on the
prope
(g) Church or public building bulletin boards, not exceeding
ten (10) square feet in area.
(h) Accessory buildings or uses customarily incident to any of
the above permitted uses, when located on the same or adjoining lot and
not invdving any business, profession, trade or occupation. One (1)
private garage for each residential lot in which there is housed not more
than three (3) other vehicles, not more than one (1) of which may be a
commercial vehicle, shall be considered a accessory legalpro -
(IL g uses�
vided, however, any such commercial vehicle shall not exceed three-
quarter (3/4) ton capacity, and shall be kept housed within a garage when
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Si not in use; and, provided further, that no moving vans shall be housed
in private garages. The storage or parking or use of moving vans, auto-
mobile trailers, trailer coaches, bus or street car bodies, or similar
dwellings, tourist cabins, or tents, shall not be allowed or considered a
legal accessory use in any R-1 through R-5 District. This shall not
prohibit the storage in the rear yard only of one (1) unoccupied house
trailer which is the property of the occupants.
Section 4. 03 Waiver Uses. The following uses are permitted only if
specifically approved and authorized by the City Planning Commission. The Corn -
mission shall approve the use only if it finds that the proposal for such use complies
with the special requirements and regulations provided therefor and with the
standards set forth in Section 19.06 of this ordinance.
(a) Churches, if situated on a parcel of land at least two (2)
acres in area, including parish houses, convents, rectories and
parochial schools; and private educational institutions.
(b) Privately owned and operated parks, picnic groves or
similar facilities using open land only for outdoor exercises and
recreation, whi ch are not operated for profit; provided thpat the
written consent of at least seventy (70) per cent of the owners of
residential property located within a three hundred (300) foot radius
of site perimeter is first filed with the Bureau of Inspection.
(c) Community buildings, not expressly permitted in
Section 4.01, country clubs or similar civic club buildings (but not
a residential club operated as a commercial enterprise).
r (d) Privately owned and operated neighborhood, community,
fit
or club swimming pools when the owner or owners are all bona-fide
residents of the City of Livonia and such use can comply with the
following special requirements:
Page 25
(hL (1) The use shall be erected and located on a satisfactory
site that is at least four (4) acres in area;
(2) Front, side and rear yards shall each be at least
twenty (20) feet wide;
(3) The pool shall not be constructed within fifty (50)
feet of any existing public street right-of-way as measured from
the edge of the water
(4) The pool shall not be constructed within three hundred
(300) feet of any existing residence as measured from the edge
of the water.
(5) Off-street parking facilities shall be provided on the
premises to accommodate one-third (1/3) of the total member
families and/or individual members of the organization con-
structing the pool;
(6) A parking and traffic plan showing the planned pro-
vision for parking and ingress and egress for pedestrian and
motor vehicle traffic approved by the Police and FireDepartments
shall be filed with the Bureau of Inspection as a condition precedent
to the issuance of the permit;
(7) All front, side and rear yards of the premises shall be
landscaped with trees, shrubs and grass;
(8) A landscaping plan and time schedule approved by the
Parks and-Recreation Department shall be filed with the Bureau
of Inspection as a condition precedent to the issuance of the permit;
(9) Buildings erected on the premises in connection with
such use shall in no case exceed one (1) story in height except41111L
where, as a result of the peculiar topography of the premises, a
lower level can be constructed entirely below the grade of the
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public street abutting or adjacent to such premises, in which
case the same shall be permitted, and lighting facilities erected
on the premises shall not exceed twenty (20) feet in height;
(10) A storm water plan, approved by the Engineering
Division of the Department of Public Works, shall be filed with
the Bureau of Inspection as a condition precedent to the issuance
of a permit in those cases-where storm sewers are not available,
or if available the capacity is not ample to service the pool
facilities;
(11) As a condition precedent to the issuance of a building
permit for such pool, there shall be on file in the office of the
Bureau of Inspection the written consent of sixty (60) per cent of
all residential property owners-within a radius of three hundred
sixty (360) feet of the perimeter of the premises whereon the pro-
posed pool facilities are to be constructed and operated;
rand provided further, that such use complies with all other applicable rules,
regulations and ordinances of the City of Livonia. In order that the City
Planning Commission might properly determine whether or not the require-
ments provided herein have and can be complied with, there shall be filed
with the City Planning Commission a certified copy of the Articles of
Incorporation and By-Laws of the private swimming pool club or organi-
zaticn; a plot plan drawn to scale showing the location of the premises on
which the private swimming pool and related recreational facilities are
to be situated and showing also the dimensions and area of such proposed
area, and the location of all residences and other buildings, structures
ctiL and public streets within one thousand (1, 000) feet of such premises as
measured from each of the property lines of the property site; and a
separate development plan of the proposed site showing the size and
Page 27
(Itlocation of all facilities to be situated thereon, and the size and location
of all front, rear and side yards and the length, width and location of all
driveways and parking facilities to be located on the proposed site. For
the purpose of this ordinance, the term "neighborhood, " "community, "
or "club" pool shall mean that the pool is owned and operated by a private
swimming club or similar organization for the sole and exclusive use of
its members of such club, their families and guests.
(e) Public utility buildings, telephone exchanges, transformer
stations and substations.
(1) Open Space Planned Residential Developments in R-4 and R-5
Districts subject to the requirements and provisions of Article XX of
this ordinance.
Section 4. 04 Schedule of Minimum Lot Sizes in R-1 through R-5-Districts,
The minimum lot sizes required for the sites of all dwellings, and other -permitted
uses, together with accessory buildings, hereafter erected in any R-1 through R-5
Districts, are hereby established as follows:
Use District Lot Area Lot Width Lot Depth
R-1 7200 square feet 60 feet 120 feet
R-2 8400 square feet 70 feet 120 feet
R-3 9600 square feet 80 feet 120 feet
R-4 ii, T00 square feet 90 feet 130 feet
R-5 15, 000 square feet 100 feet 150 feet
Section 4.-05 Schedule of Minimum Front and Rear Yard Requirements
in R-1 through R-5 Districts. The minimum front and rear yards required for
41L
each lot in ft-1 through R-5 Districts are hereby established as follows:
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CILUse District Front Yard Rear Yard
R-1 25 feet 35 feet
R-2 30 feet 35 feet
R-3 35 feet 35 feet
R-4 40 feet 45 feet
R-5 50 feet 50 feet
Section 4. 06 Minimum Side Yard Requirements in R-1 through R-5 Districts.
The minimum side yards required for each lot in R-1 thrazgh R-5 Districts are
hereby established as follows:
R-1 R-2 R-3 R-4 R-5
Two side yards, each not
less than - 4 ft. 6 ft. 8 ft. 10 ft. 12 ft.
Combined width of both
i
not less than- 14 ft. 16 ft. 18 ft. 22 ft. 24 ft.
In all cases, however, a
side yard abutting on a
street shall not be less
than- 15 ft. 17 ft. 19 ft. 21 ft. 23 ft.
Rear yard abutting side
yard, the side yard
abutting upon a street
not less than- 25 ft. 30 ft. 35 ft. 40 ft. 50 ft.
Section 4. 07 Building Height. No building hereafter erected or altered in
any R-1 through ,-5 District shall be more than two (2) stories in height nor exceed
thirty-five (35) feet in height, except as provided in Sections 18. 41 to 18. 44, inclu-
sive, of this ordinance.
Section 4. 08 Lot Coverage Limitations. One family dwellings together with
r accessory buildings hereafter erected on any lot in any R-1 through R-5 District shall
not cover more than twenty-five (25) per cent of the area of such lot.
ciLSection 4.09 Off-Street Parking-Requirements. Off-street parking facilities
shall be provided as hereinbefore specified in Sections 18. 37 to 18. 40, inclusive,
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41, of this ordinance.
Section 4. 10 Other Uses. Uses permitted in R-U-F Districts shall be
allowed in R-3, R-4 and R-5 provided the lot has a total area of at least one-half
(1/2) acre and anaverage width of not less than one-fourth (1/4) the average depth
except that for the purposes of this section such lot shall not be required to have a
width greater than one hundred (100) feet at the front lot line.
ARTICLE V
R 3J--F DISTRICT REGULATIONS
Section 5A1 Application of Article. The regulations set forth in this article
E shall apply, all R-U-F Districts,_
Section 5. 02 P=rmitted Uses. In all R-U-F Districts no building or land,
exct'as otherwi -'provided in this ordinance, shall be erected or used except for
e or r3ro�re = the following specified uses:
(a) All uses permitted in R-1 through R-5 Districts.
(b) Nurseries (for the growth and/or nursery stock only), green-
houses and truck gardens.
(c) Universities, colleges, private colleges offering baccalaureate
degrees, seminaries and theological schools, including their buildings
owned cr leased for administrative and faculty houses and offices, class-
rooms, laboratories, chapels, auditoriums, lecture halls, libraries,
student and faculty centers, athletic fields and facilities, dormitories,
fraternity and sorority houses, but not including colleges or trade schools
which are privately owned and which train persons for the trades and not
including the use of any building, stadium, or other facility for commercial
CIL
purposes.
(d) Fowl and rabbits may be raised and kept for the owner's con-
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4110 sumpticn only on one-half (1/2) acre or more; two (2) horses may be kept
for the owner's use only on one (1) acre or more; two (2) horses and one (1)
cow or three (3) horses may be kept for the owner's use only on two (2)
acres or more; additionally, dog kennels may be operated and fowl and
rabbits raised for sale on parcels two (2) acres or more in size if such
animals are properly housed, maintained and fenced so as not to become
a nuisance or detrimental to public health, safety or welfare.
(e) Accessory buildings or structures and uses customarily in-
cidental to any of the above uses when located on the same property, but
not more than one (1) temporary building for the sale of the produce of any
of the above uses, which shall be located not less than twenty-five (25) feet
from the street or highway right-of-way line, and further that an open space
for parking, twenty-five (25) feet off the street or highway right-of-way,
shall be provided for patrons of the market.
Section 5. 03 Waiver Uses. The following uses are permitted only if
specifically approved and authorized by the City Planning Commission. The Com-
mission shall approve the use only if it finds that the proposal for such use complies
with the special requirements and regulations provided therefor and with the
standards set forth in Section 19. 06 of this ordinance.
(a) All waiver uses contained in the R-1 through R-5 District
Regulations, subject to the special requirements and regulations pro-
vided therefor.
(b) Professional offices and home occupations.
(c) Off-street parking facilities for business use, when the land
to be used therefor is located between a major thoroughfare and property
zoned for industrial uses doing business adjacent thereto.
(d) Open Space Planned Residential Developments as provided in
Article XX of this ordinance.
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Section 5, 04 Minimum Lot Size. Every lot in R-U-F Districts shall have
CIL
an area of not less than one-half (1/2) acre and shall have an average width of not
less than me-fourth (1/4) the average depth, provided that a lot shall not be required
to have a width greater than one hundred (100) feet at the front property line.
Section 5.05 Front Yard. Each lot in R-U-F Districts shall have a front
yard of not less than fifty (50) feet in depth.
Section 5.-06 Side Yards in General. On each side of a dwelling there shall
be a side yard having a width of not less than ten (10) feet or ten (10) per cent of the
average width of the lot, whichever amount is larger, but the side yard need not
exceed twenty-five (25) feet.
Section 5. 07 Side Yards Abutting on Street. In R-U-F Districts the width
1 of the side yard abutting upon a street shall not be less than twenty-five (25) feet
at the first floor level.
Section 5.08 Rear Yards . Each lot in R-U-F Districts shall have a rear
yard having a depth of not less than fifty (50) feet or twenty (20) per cent of the depth
of the lot, whichever amount is larger, but it need not exceed sixty (60) feet.
Section 5, 09 Yards for Accessory Uses. All accessory buildings or yards
in conjunction therewith, for uses other than those customarily incidental to R-1
through R-5 uses, shall be located not less than twenty-five (25) feet from any lot
line. Detached garages shall be not less than five (5) feet from an interior side lot
line.
Section 5. 10 Building Height. No building hereafter erected or altered in
R-U-F Districts shall be more than two (2) stories in height gore Geed thirty-five
41
(35) feet in height, except as provided in Sections 18.41 to 18. 44, inclusive, of this
ordinance.
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SiSection 5. 11 Lot Coverage Limitations. One family dwellings together
with accessory buildings, hereafter erected on any lot in an R-U-F District, shall
not occupy more than ten (10) per cent of the area of any lot having an area in excess
of one (1) acre, nor more than fifteen (15) per cent of the area of any lot having an
area of one (1) acre or less.
Section 5. 12 Off-Street Parking Requirements. Off-street parking
facilities shall be provided as hereinbefore specified in Sections 18. 37 to 18. 40,
inclusive, of this ordinance.
ARTICLE VI
AG DISTRICT REGULATIONS
Section 6. 01 Application of Article. The regulations set forth in this
article shall apply in all AG Districts.
Section 6:02 -Permitted Uses. In all AG Districts no building or land,
except as otherwise provided in this ordinance, shall be erected or used except
for one or more of the following specified uses:
(a) All uses permitted in R-U-F Districts
(b) Farm buildings.
(c) General farming, including horticulture, dairying, livestock
and poultry raising, farm forestry and similar bona fide agricultural
enterprises or uses of land and -structures, exceptfarms operated wholly
or in part for the disposal of garbage, sewage, rubbish, offal and wastes
from rendering plants.
(d) Office of a veterinarian and animal clinics with outdoor kennels,
Sid provided the use is situated on a parcel not less than three (3) acres in
area and the use is located not less than seventy-five (75) feet from any
i
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416 front, side or rear property lire.
(e) Public and private stables, riding stables and riding
academies when located adjacent to existing bridle trails or when bridle
trails are constructed and maintained on the same property with the
stable cr riding academy.
(f) Accessory buildings or structures and uses customarily
incidental to any of the above uses when located on the same property,
but not more than one (1) temporary building for the sale of the produce
of any of the above uses, which shall be located not less than twenty-five
(25) feet from the street or highway right-of-way line, and further, that
an open space for parking, twenty-five (25) feet off the street or highway
E right-of-way, shall be provided for patrons of the market.
Section 6. 03 Waiver Uses. The following uses are permitted only if
specifically approved and authorized by the City Planning Commission. The Com-
mission shall approve the use only if it finds that the proposal for such use complies
with the special requirements and regulations provided therefor and with the
standards set forth in Section 19. 06 of this ordinance.
(a) All waiver uses contained in the R-U-FDistrict Regulations
subject to the special requirements and regulations provided therefor.
(b) The raising of fur bearing animals on a farm of five (5) acres
or more, where the pens or cages are located not less than one hundred
(100) feet from any front, side or rear property line.
(c) Airports, landing fields and platforms, hangars, masts and
other facilities for the operation of aircraft.
r (d) Carnivals, outdoor circuses or migratory amusement enter-
(iLprises to be operated for no longer than a fourteen (14) day continuous
period.
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41 (e) Cemeteries.
Section 6. 04 Minimum Lot Size. Every lot in AG Districts shall have an
area of not less than three (3) acres and shall have an average width of not less
than one-fourth (1/4) the average depth of the lot; provided, however, that a lot
shall not be required to have a width greater than three hundred (300) feet.
Section 6.05 Front Yard. Each lot in AG-Districts shall have a front
yard of not less than fifty (50) feet in depth.
Section 6. 06 Side Yard. On each side of a dwelling there shall be a
side yard having a width of not less than fifty (50) feet.
E Section 6. 07 Rear Yard. Each lot in AG Districts shall have a rear yard
having a depth of not less than sixty (60) feet.
Section 6.08 Yards for Accessory Uses. All accessory buildings and
yards in conjunction therewith, for uses other than those customarily incidental to
R-1 through R-5 and R-U-F uses, shall be located not less than twenty-five (25)
feet from any lot line.
Section 6.09 Building Height. No residential buildings hereafter erected
or altered shall be more than two (2) stories in height nor exceed thirty-five (35)
feet in height, except as provided in Sections 18. 41 to 18. 44, inclusive, of this
ordinance. No barn or accessory building shall exceed forty (40) feet in height.
Section 6. 10 Off-Street Parking Requirements. Off-street parking
facilities shall be provided as hereinbefore specified in Sections 18. 37 to 18. 40,
r inclusive, of this ordinance.
Page 35
r
(ILARTICLE VII
R-6 DISTRICT REGULATIONS
Section 7. 01 Application of Article. The regulations set forth in this
article shall apply in all R-6 Districts.
Section 7. 02 Permitted Uses. In all R-6 Districts, no building or land,
except as otherwise provided in this ordinance, shall be erected or used except for
one or more of the following specified uses:
(a) One family dwellings, subject to all of the regulations that
apply in the R-2-One Family Residential District, including the regulations
pertaining to lot size and yard requirements.
(b) Two family dwellings.
i :
i
(c) Fraternal lodges and social clubs.
(d) Accessory buildings and uses customarily incident to the above
permitted uses, but not more than one (1) private garage which shall pro-
vide parking space for not more than three (3) motor vehicles per living
unit, not more than one of which may be a commercial vehicle which shall
not exceed three-quarter (3/4) ton capacity and which shall be kept housed
within a garage when not used, provided said commercial vehicle is owned
and operated by a member of the family who resides in said living unit.
The storage or parking of trucks, truck tractors and truck trailers of
over one (1) ton capacity, automobile trailers or the storage, parking or
use of coaches, bus or street car bodies, or tourist cabins, tents or
similar dwellings and enclosures shall not be allowed or considered a
legal accessory use in an R-6 District. Thies strall not, however, prohibit
"" the storage in the rear yard only of one (1) unoccupied house trailer which
is the property of the occupant.
Page 36
F
Section 7. 03 Waiver Uses. The following uses are permitted only if
(kw
specifically approved and authorized by the City Planning Commission. The Com-
mission shall approve the use only if it finds that the proposal for such use complies
with the special requirements and regulations provided therefor and with the
standards set forth in Section 19. 06 of this ordinance.
(a) All waiver uses contained in the R-1 through R-3 District
Regulations subject to the special requirements and regulations pro-
vided therefor.
(b) Boarding, rooming and lodging houses or tourist homes,.
(c) Home occupations.
(d) Hospitals, providing that there is a minimum of fifteen
EIhundred (1500) square feet of lot area per bed.
Section 7. 04 Minimum Lot Size for Two Family-Dwellings. Each two
family dwelling, together with accessory buildings shall be located on a lot of a
size and width not less than the minimum requirements for a lot in an R-3 District.
Section 7. 05 Front Yard. Each lot in R-6 -Districts shall have a front
yard of not less than thirty (30) feet in depth.
Section 7. 06 Side Yards; One and Two Family Dwellings. All lots in R-6
Districts on which a one family dwelling is established shall have two (2) side yards,
one with a minimum width of not less than six (6) feet and the aggregate width of both
side yards shall not be less than sixteen (16) feet. All lots in R-6 Districts on which
a two (2) family dwelling is established shall have two (2) side yards of not less than
ten (10) feet each.
Section 7. 07 Side Yards Abutting on Street. In R-6 Districts, the width
4111 of side yards abutting upon a street shall not be less than seventeen (17) feet at the
first floor level when rear yards abut rear yards; however, in case of a rear yard
Page 37
Lie abutting a side yard of an adjacent lot, the side yard abutting upon a street shall
be not less than thirty (30) feet.
Section 7. 08 Side Yards; Non-Residential Use. Every lot on which a
building or structure used for a non-dwelling purpose, other than an accessory
building is erected, shall have a side yard on each side of such lot, and each such
yard shall be not less than fifteen (15) feet in width with an increase of one (1) foot
in width for each five (5) feet or part thereof by which the said building or structure
exceeds thirty-five (35) feet in over-all dimension along the side yard and also of
an additional one (1) foot for every two (2) feet in height in excess of thirty-five
(35) feet.
Section 7. 09 Rear Yard. Each lot in R-6 Districts shall have a rear yard
of a depth of not less thanfifty (50) feet.
Section 7. 10 Building Height. No building hereafter erected or altered
in R-6 Districts shall be more than vvo and one-half (2-1/2) stories nor exceed
thirty-five (35) feet in height, cept as provided in Sections 18. 41 to 18. 44,
inclusive, of this ordie " ce.
Se •n 7. 11 Lot Coverage Limitations. No dwelling, together with its
acce,,, .•y building, hereinafter erected on any lot in R-6 Districts shall cover more
an twenty-five (25) per cert of the area of such lot.
J'
Section 7. 12 Off-Street Parking Requirements. Off-street parking
facilities shall be provided as hereinbefore specified in Sections 18. 37 to 18. 40,
inclusive, of this ordinance.
(ILI
Page 38
416 ARTICLE VIII
R-7 DISTRICT REGULATIONS
Section 8. 01 Application of Article. The regulations set forth in this
article shall apply in all R-7 Districts.
Section 8. 02 Permitted Uses. In all R-7TDistricts no building or land,
except as otherwise provided in this ordinance, shall be erected or used except for
one or more of the following specified uses:
(a) Multiple dwellings and apartment houses; provided, however,
that in the case of planned multiple family developments consisting of
more than one (1) building or to be located on a parcel of land in excess
of two (2) acres, a site plan of such planned development shall first be
<_ approved by the City Planning Commission. The site plan shall be fully
dimensional, show the planned arrangement of all proposed buildings,
parking areas, driveways, yards, landscaping, and the relationship of
the development to the closest public streets and adjoining properties.
The Commission shall only approve such site plan if the same indicates
compliance with the requirements of this article and the standards set
fcrth in Section 19. 06 of this ordinance. An approved site plan shall
govern the development of the multiple family planned project.
Section 8. 03 Establishment of Area, Height, Bulk and Placement Regu-
lations for Multiple Dwellings. Except as otherwise provided in this ordinance,
the minimum requirements governingpercentageratio of usable floor area, to lot
area, lot size, lot area per dwelling unit, required open space, building height,
and other pertinent control requirements governing the erection and use of multiple
411 family dwellings, are shown on the following schedule:
Page 39
ii,
(IL
SCHEDULE
a. Maximum Usable Floor Area in
Percentage of Lot Area , r . 30 Per Cent
b. Minimum Lot Area per Dwelling Unit: 3000 square feet per dwell-
ing unit or 1500 square feet
per bedroom, whichever is
the greater.
c. Required Setback Lines:
Front Yard 50 lineal feet
Rear Yard 50 lineal feet
Side Yards:
At least one 25 lineal feet
Ibtal of two at least 60 lineal feet
d. Maximum Height 40 feet
Section 8. 04 Minimum-Development Standards.
(a) Buildings. Multiple family dwelling buildings shall be constructed
essentially of maintenance free materials on all sides.
(b) Landscaping. The parcel upon which a multiple family dwelling or
dwellings are located shall be landscaped with non-deciduous type planting so
located as to shield adjoining residential areas from the light and glare which
is likely to emanate from parking areas.
(c) Site. The site of a multiple family development shall have sufficient,
adequate and conveniently arranged driveways and parking areas which shall be
improved to the minimum requirements and standards therefor established by the
Engineering Division of the Department of Public Works.
(d) Other. In the case of planned multiple family projects comprising
two (2) or more acre's, there shall be provided a fenced and equipped recreation
i
area for children equal to at least twenty-five (25) square feet per dwelling unit
rin the development With a minimum of twelve hundred (1200) square feet.
41111.
Section 8. 05 Fronting on Public Street. Each multiple dwelling shall have
direct access to either a public street, an improved private road, or an improved
parking area.
i
Page 40
„L. Section 8. 06 Off-Street Parking Requirements. Off-street parking
facilities shall be provided as hereinbefore specified in Sections 18.37 to 18. 40,
inclusive, of this ordinance.
ARTICLE IX
PS DISTRICT REGULATIONS
Section 9.01 Application of Article. The regulations set forth in this
article shall apply in all PS Districts.
Section 9. 02 . Permitted Uses. In all PS Districts no building or land,
except as otherwise provided in this ordinance, shall be erected or used except
for one or ma•e of the following specified uses:
E (a) Medical, dental offices and clinics.
(b) Legal, engineering and architectural offices.
(c) Optometry and chiropractic offices and clinics.
(d) Accounting, auditing and bookkeeping service offices.
Section 9. 03 Waiver Uses. The following uses are permitted only if
specifically approved and authorized by the City Planning Commission. The Com-
mission shall approve the use only if it finds that the proposal for such use complies
with the special requirements and regulations provided therefor and with the
standards set forth in Section 19. 06 of this ordinance.
(a) Executive and administrative and professional and other
office uses not expressly permitted in Section 9. 02, provided that the use
is located in a building constructed with an essentially residential appearance
or of construction which is exclusively of non-maintenance type materials
CIL on all sides , without drive-in window facilities, and with a total window
area in the front side of the building not exceeding twenty (20) square feet
in area; and provided that goods, wares or merchandise are not
Page 41
commercially treated, created, displayed, stored, exchanged or sold;
amongst such uses which may be permitted are the following:
(1) Business offices of a public utility, transporation,
advertising, real estate, insurance, commercial or industrial
establishment.
(2) Credit union offices.
(3) Miscellaneous business services such as consumer
credit reporting agencies, mailing list and stenographic service
offices, business and management consulting service offices.
(4) Privately owned museums .
(b) Convalescent and nursing homes and homes for the elderly,
provided such use is located on a parcel of land comprising at least
one (1) acre plus five hundred (500) square feet of land per bed.
(c) Hospitals provided such use is located on a parcel of land
comprising at least twelve (12) acres in size.
(d) Funeral homes and undertaking establishments.
Section 9. 04 Uses -Prohibited. In all PS Districts no building or land shall
be erected or used, in whole or in part, for any one or more of the following uses:
(a) The outdoor display of any actual product for sale.
(b) The outdoor storage or display of goods or materials
irrespective of whether or not they are for sale.
(c) Warehouses and the indoor storage of goods and materials
beyond that normally incidental to the above permitted occupations.
Section 9. 05 Establishment of Area, Height, Bulk and Placement Regu-
irlations for PS Districts. Except as otherwise provided in this ordinance, the
411L
minimum requirements governing percentage ratio of usable floor area, to lot area,
lot size, required open space, building height, and other pertinent control
Page 42
ii
,,,L, requirements governing the erection and use of buildings in a PS District, are
shown on the following schedule:
SCHEDULE
a. Maximum Usable Floor Area in
Percentage of Lot Area 45 Per Cent
b. Required Setback Lines (Minimum Dimensions):
Front Yard 40 lineal feet
Rear Yard 15 lineal feet
Side Yards:
There shall be no minimum side yard require-
ments in PS Districts except where on corner
lots (1) a rear lot line coincides with a side
lot line in an abutting residential district, a
side yard shall be provided equal in width to
the established or minimum front yard, as
the case may be, of the abutting residential
parcel, whichever is the larger; and (2) a side
lot line coincides with a side lot line in an
If abutting residential district , a side yard shall
be provided equal in width to the established
or minimum side yard, as the case may be, of
the abutting residential parcels, whichever is
the larger.
c. Maximum height 30 feet
d. Minimum Lot Size 4, 000 sq. feet
Section 9. 06 Protective Wall Required. All uses permitted in this district
adjacent or abutting to an existing residence or residential district shall provide and
maintain a protective wall as required in Section 18. 45 of this ordinance.
Section 9. 07 Off-Street Parking Requirements. Off-street parking
facilities shall be provided as hereinbefore specified in Sections 18. 37 to 18. 40,
inclusive, of this ordinance.
ARTICLE X
C-1 DISTRICT REGULATIONS
Section 1.0. 01 Application of Article. The regulations set forth in this
article shall apply in all C-1 Districts.
Page 43
suo Section 10.02 Permitted Uses. In all C-1 Districts no building or land,
except as otherwise provided in this ordinance, shall be erected or used except for
one (1) or more of the following uses:
(a) All permitted uses in PS Districts.
(b) Retail stores, including:
-Antique shops, with no outside storage;
Art and schod supply stores, including picture framing for
retail trade;
Bakeries - neighborhood only;
Bicycle stores - sales, rental and repairs;
Book and stationery stores;
Camera and photographic supply stores;
Candy, confectionery and ice cream stores;
Carpet and rug stores, but not including carpet or rug cleaning;
Clothes pressing establishments;
Clothing stores;
Delicatessens;
Drug stores and pharmacies;
Dry cleaning self-contained service establishments using
noninflammable solvents;
Dry goods stores;
Dairy stores - with no drive-in facilities;
Department stores and "discount" stores;
Electrical and household appliance stores;
Flower stores and florists;
Food stores, grocery stores and meat markets;
Furniture stores, including upholstery when conducted as
411L part of the retail operation and secondary to the principal use;
Furrier shops and stores, including the incidental storage
and conditioning of furs;
Page 44
Garden supply and seed stores;
Gift shops and stores;
Hardware stores;
Jewelry stores;
Leather goods and luggage stores;
Party stores - S. D.D. and S.D. M. licenses;
Music, musical instrument and record stores;
News stands and agencies;
Notions and novelty stores;
Office equipment and supply stores;
Paint and wallpaper stores;
Millinery establishments;
Pet stores - with no outside kennels;
Sewing machine sales and services - household machines only;
Shoe and hat sales stores;
Sporting goods stores;
Ticket agencies;
Tobacco stores;
Toy stores; and
Variety stores.
(c) Personal service establishments, including:
Barber shops;
Beauty parlor;
Coin and philatelic shops;
Custom dressmaking shops;
Funeral hares and undertaking establishments;
411,
Health studios;
Hobby shops - for retailing of items to be assembled or used
away from the premises;
Page 45
416 Interior decorating shops, including upholstery and making
of draperies, slip covers and other similar articles, when
conducted as a part of the retail operations and secondary
to the principal use;
Laundry pick-up shops;
Photographic studios, including developing and printing of
photographs, when conducted on the premises as a part
of the retail business;
Rental business with no outside storage or display of goods;
Shoe and hat repair shops;
Tailor shops, including incidental clothes pressing and cleaning;
Television and radio repair shops;
Travel bureaus and agencies; and
Watch repair shops.
(d) Office businesses, including:
Ad tising offices and businesses;
Consumer credit repor rg agencies and offices;
Credit union b ess and office;
Emplo, nt agency and office;
In rance business and office;
Loan agency and office;
Management consulting services and offices;
Offices of nonprofit organizations such as professional
membership organizations, labor unions, civic, social
and fraternal associations, and religious associations;
Post offices;
Real estate business and office;
Schools - music, dance, accordion, or business;
Telegraph, telephone and public utility business offices; and
411 Telephone booths.
Page 46
(e) Others, including:
410
Banks and savings and loan associations;
Public utility buildings and broadcasting stations;
Privately owned museums;
Restaurants (not including drive-in restaurants and automats),
tea rooms, cafeterias and dining rooms;
Temporary buildings for construction purposes for a period
not to exceed the duration of construction;
Open-air sales of Christmas trees - shall be permitted upon
the approval of the Police Department that there is safe and
suitable ingress and egress to the premises to be so used,
and upon the approval of the Fire Department that all fire
rules and regulations have been complied with, and upon
the approval of the Bureau of Inspection that such use is in
compliance with the requirements of this ordinance and the
regulations of the Bureau.
E
(f) Accessory buildings and uses customarily incidental to any of
the above permitted uses.
A storage garage for the storage of commercial vehicles used
by a business or other permitted activity, when located on
. the same lot therewith and occupying not more than twenty-five
(25) per cent of the area of such lot shall be considered a legal
accessory building and use in C-1 Districts.
Accessory uses to those permitted in this section include
assembly, repair and storage which is clearly incidental to
the conduct of the permitted use.
Section 10. 03 Waiver Uses. The following uses are permitted only if
specifically approved and authorized by the City Planning Commission. The Com-
mission shall approve the use only if it finds that the proposal for such use complies
with the special requirements and regulations provided therefor and with the
standards set forth in Section 19.06 of this ordinance.
(a) Open-air sales of nursery stock, or fruits and vegetables,
providing such use is only temporary and carried on between April 1 and
(111 October 15, and subject to reports being filed with the Commission indi-
cating approval of the Police Department that there is safe and suitable
ingress and egress to parking facilities, the prior approval of the Fire
Page 47
CILDepartment that all fire rules and regulations can be complied with, and
the approval of the Bureau of Inspection that such use complies in all other
respects with this ordinance, the building code ordinances and the regu-
lations of the Bureau, providing also that open-air sales involving the sale
of any foodstuff shall additionally be subject to the approval of the City's
health department.
(b) Convalescent and nursing homes provided that such use is
located on a parcel of land comprising at least one (1) acre plus five
hundred (500) square feet of land for each bed.
(c) Hospitals, provided that such use is located on a parcel of
land comprising at least twelve (12) acres in size.
Section 10. 04 Uses-Prohibited. In all C-1 Districts no building shall here-
after be erected, altered or used, nor shall any land be used in whole or in part for
residential purposes; provided, however, that nothing contained in this section shall
effect or interfere with dwellings now in existence in C-1 Districts on the date when
this ordinance becomes effective nor with any buildings accessory to such dwellings,
or in any way prevent the owners thereof from making any additions, alterations or
repairs to such dwellings or erecting any buildings accessory thereto; provided
further, however, that all such dwellings and buildings accessory thereto shall con-
form to the same requirements as are provided in this ordinance for the nearest
district thereto in which a dwelling may hereafter be lawfully erected.
Nothing in this article shall be construed as permitting the operation of
material yards, new and used lumber sales, the sale of used machinery or auto
parts, which uses are hereby expressly prohibited in C-1 Districts..
Section 10. 05 Building Height. No building hereafter erected or altered in
410,
a C-1 District shall exceed thirty-five (35) feet in height or two (2) stories, except
as provided in Sections 18. 41 to 18. 44, inclusive, of this ordinance.
Page 48
Section 10. 06 -Protective Wall Required. All commercial uses when
adjacent or abutting to an existing residential district shall provide and maintain a
protective wall as required in Section 18. 45 of this ordinance.
Section 10.0-7 Front Yard for Commercial Buildings; Exception. No front
yard is required for a commercial building in any C-1 District or any portion of a
C-1 District which has a depth of one hundred (100) feet or less.
Section 10. 08 Front and Side Yard Requirements. Except as hereinbefore
provided, each commercial building in any C-1 District shall have a front yard not
less than sixty (60) feet deep and each commercial building on corner lots in any
C-1 District shall have a side yard of not less than twenty-five (25)feet deep as
measured from the front or side lot line, whichever is the case; provided, however,
that where any such lot or parcel abuts a major thoroughfare having an existing or
planned width of eighty-six (86) feet or more as shown on the Master Thoroughfare
Plan, the front and/or side yard shall be measured from the outside boundaries of
such major thoroughfare as shown on the said Master Thoroughfare Plan. No part
of the minimum required front yard or side yard shall be used for either the storage,
placement or display of merchandise or equipment.
Section 10. 09 Side Yards; Interior Lot Lines. In C-1 Districts, side yards
are not required along interior side lot lines if all walls abutting or facing such lot
lines are cf fireproof construction and wholly without windows or other openings; but
if the side wall is-not of fireproof construction, or if of fireproof construction but
containing windows or other openings (other than emergency exits or vents), a side
yard shall be provided having a width of at_least five (5) feet for one (1) story and
r eight (8) feet for two (2) story buildings.
(IL
Section 10. 10 Rear Yards; Interior Lot Lines. In C-1 Districts, rear yards
are not required along interior rear lot lines if all walls abutting or facing such lot
Page 49
tite lines are cf fireproof construction and wholly without windows or other openkigs;
provided that in all cases where the rear wall is not of fireproof construction a rear
yard shall be provided; and provided further, that in all cases where the rear wall
is of fireproof construction, and contains windows or other openings (other than
emergency exits or vents), a rear yard shall be provided having a depth of at least
_ five (5) feet for one (1) story and eight (8) feet for two (2) story buildings.
Section 10. 11 Rear Yards; Abutting on a Street. In C-1 Districts on any
lot running through from street to street, a rear yard shall be provided on the rear
street conforming to the requirements for front yards on that street.
Section 10. 12 Inner Courts. In C-1 Districts where inner courts are pro-
vided, they shall conform to the requirements of the Housing Law of Michigan.
Section 10.13 Minimum Size of Commercial Buildings. In C-1 Districts
no commercial building shall hereafter be erected having a first floor area of less
than six hundred (600) square feet or as otherwise approved by the City Planning
Commission.
Section 10. 14 Minimum Lot Area. Every lot in C-1 Districts and used
for business purposes shall have an area of at least four thousand (4, 000) square
feet.
Section 10. 15 Off-Street Parking Requirements. Off-street parking
facilities shall be provided as hereinbefore specified in Sections 18. 37 to 18. 40,
inclusive, of this ordinance.
Page 50
ARTICLE XI
C-2 DISTRICT REGULATIONS
Section 11.01 Application of Article. The regulations set forth in this
article shall apply in all C-2 Districts.
Section 11. 02 Permitted Uses. In all C-2 Districts no building or land,
except as otherwise provided in this ordinance, shall be erected or used except for
one or more of the following specified>.uses:
(a) All permitted uses, and waiver uses± in C-1 Districts subject
to the specific regulations pertaining thereto.
(b) Retail sales, including:
Auction rooms;.
Automobile accessory stores;
Automobile sales showrooms (including repair and service
facilities) and used car lots when owned and operated in
conjunction therewith by the same proprietor and located
on the property immediately abutting andlor adjacent to
the sales showroom, accessory uses to this permitted use
includes servicing, repairing and storage of automobiles
on the same premises;
Boat and other marine sales, but not including open-sales lots;
Monument sales, not including stone cutting;
Office Equipment sales;
Pawn shops, provided there is not a similar use within one
thousand (1, 000) feet measured from property lines;
Second-hand stores and rummage shops,
(c) Retail services, including:
Blueprint, photostat and photo-copying establishments;
Dry cleaning stores (including coin-operated) and plants;
Dyeing and rug-cleaning establishments;
Exterminating services and shops;
Job and off-set printing establishments;
5
Page 51
(Li Laundry (including laundromat) establishments, employing
not more than five (5) persons in addition to one (1) owner
or manager;
(d) Retail sales and service incidental to the trades in which a
workshop is required, provided that no-more than fifty (50) per cent of the
usable floor area of the building is used for servicing, repairing or work-
shop activities, including:
Air conditioning sales, service and repair shops;
Apparel alteration and repair shops;
Electrical and lighting fixture sales, service and repair shops;
Furniture reupholstery and refinishing establishments;
Lawnmower sales, service and repair shops;
Locksmith shops;
Office equipment sales, service and repair establishments;
Plumbing and heating sales, service and repair shops;
Radio and television sales, service and repair shops;
Sign painting shops (no outside storage); and
Taxidermy shops.
(e) Recreation uses, including:
Bowling alleys;
Billiard parlors and pool rooms;
Theaters, enclosed (not including drive-in theaters).; and
Assembly buildings.
(f) Wholesale business uses, handling only the following items:
Candy
Drugs
Jewelry
Novelities
Paper products
1 Page 52
41116 Professional, barber, beauty and office supplies;
Radio and television supplies;
Tobacco products; and
Establishments handling other merchandise limited to samples
only.
(g) Others, including:
Art museums;
Bakeries;
Catering establishments;
Club and lodges - private, fraternal or religious;
Churches, subject to the minimum requirement therefor con-
tained in Section 4. 03;
Food lockers;
Greenhouses;
Hotels;
Laboratories - medical, dental and research;
Meeting halls;
Nurseries, including sale of garden supplies;
Orthopedic and medical supply stores, but not including the
assembly or manufacture of such articles;
Parking lots and storage garages for motor vehicles not
exceeding one and one-half (1-1 /2) ton capacity;
Physical culture and health services;
Reducing salons, masseurs and public baths;
Public utility uses, including electric substations, telephone
exchanges and telephone transmission equipment buildings;
Radio and television broadcasting studios;
Radio and television towers;
Restricted production and repair limited to the following:
Art needle work;
Clothing;
Page 53
Custom manufacturing and alteration for retail sale on
the premises of jewelry, clocks and watches;
Schools - music, dance or business.
(h) Accessory buildings and uses customarily incidental to any of
the above permitted uses. A storage garage for the storage of commercial
vehicles used by a business or other permitted activity, when located on
the same lot therewith and occupying not more than twenty-five (25) per
cent of the area of such lot, shall be considered a legal accessory building
and use in C-2 Districts.
Section 11.03 Waiver Uses. The following uses are permitted only if
specifically approved by the City Pianning Commission. The Commission shall
approve the use only if it finds that the proposal for such use complies with the
special requirements and regulations provided therefor and with the standards set
forth in Section 19.06 of this ordinance.
(a) Gasoline Service Station. In order to regulate and control the
problems of noise, odor, light, fumes, dust, danger of fire and explosion,
and traffic congestion which is likely to result from the unrestricted and
unregulated construction and operation of gasoline service stations, and
to avoid, if possible, and control the adverse effects which these factors
and other characteristics incident to the gasoline service station may
exercise upon adjacent and surrounding land and uses, the following
special requirements and regulations governing the erection of gasoline
service stations are hereby established:
(1) Such use shall always be located on a plot of ground
irhaving frontage along a commercial street of not less than one
4/L hundred fifty (150) feet and having a minimum area of not less
than fifteen thousand (15, 000) square feet.
(2) Such use shall provide a front yard of sixty (60) feet.
Page 54
and two (2) side yards of not less than twenty (20) feet each. The
front and side yards shall not be used-for vehicular storage or
other storage or for any other service facilities.
(3) Such use, including any part of the facade, shall not
exceed thirty-five (35) feet in height.
(4) Such use when located on a corner lot shall provide
vehicular entrances or exits (curb cuts) no less than a minimum
of twenty-five (25) feet from the intersection of the property lines
parallel to the two (2) streets pavement. All curb openings
whether on a corner lot or not shall not exceed thirty-five (35)
feet in width at the curb. There shall always be a minimum of
thirty (30) feet measured along the property line between any
series of driveways. On corner lots, no driveway from a side
[
street shall be less than fifteen (15) feet from the rear property
line as measured along the side street property line. Curbs shall
be provided to prevent ingress or egress except at the required
locations.
(5) The entire lot, excluding the area occupied by a build-
ing, shall be hard surfaced with concrete or a plant-mixed
bituminous material.
(6) All lubrication equipment, motor vehicle equipment,
hydraulic hoists and pits shall be enclosed entirely within the
building. All gasoline pumps shall be located not less than
twenty (20) feet from any lot line, and shall be arranged so that
motor vehicles shall not be supplied with gasoline or serviced
while parked upon or overhanging any public sidewalk, street
or right-of-way.
(7) Where a gasoline service station adjoins any property
Page 55
40.., lccated in any residential district, or is separated from suchp ro-
perty by a public alley, a protective wall shall be erected and main-
tained as provided in Section 18. 45 of this ordinance.
(8) All exterior lighting, including illuminated signs, shall be
erected and hooded or shielded so as to be deflected away from any
adjacent or neighboring residential property.
(9) No gasoline service station shall be located nearer than
one hundred (100) feet as measured from any point on the property
to any point on the property of either a church, public or parochial
school or playground.
(10) No gasoline service station shall be erected within a four
hundred (40-0) foot radius of any residential district within the City
[
of Livonia as measured from property lines; provided, however,
that this restriction may be waived by the written consent of sixty-five
(65) per cent or more of the owners (legal or equitable) of the
residential property owners within such radius filed with the Bureau
of Inspection.
(b) Veterinary Clinics, animal clinics and animal hospitals; provided
that such uses or clinics are hereby defined to mean the professional use
of a building by a licensed veterinarian for rendering professional services
to household pets, and provided that:
(1) Any building designed or constructed for such uses shall
be used for the sole purpose of providing necessary medical care
fa sick or diseased household pets and shall not be constructed
IIor used as a boarding establishment for household pets.
(2) Animals eligible for treatment at such establishment as
41
herein defined if kept overnight on the premises of such establish-
ment or for a period longer than regular professional business
Page 56
i
hours, then a full-time, duly qualified attendant shall be stationed
in charge of said premises.
(3) In no case shall such establishments have open or outdoor
runways, kennels or pens.
(4) In no case shall there be, in connection with the operation
of such establishment, the disposal of rubbish and litter in such a
manner as to be obnoxious or offensive.
(5) In no case shall there be any harboring of vermin or decaying
matter on the premises, and effective provision shall be made to
confine all noise, confusion and odor, if any, to the premises.
(6) The building housing such use and the ventilating system
used in connection therewith shall be so constructed as to be sound-
proof and soundproofing shall be installed to the extent necessary
to insure the elimination of all noise from the area used for the
treatment and temporary keeping of such sick and diseased house-
hold pets.
(c) Drive In Restaurants (and automats; provided that:
(1) A parking area equal to at least nine (9) times the usable
floor area of the building is provided on the property to be so used
and so arranged to provide safe ingress and egress to the premises.
(2) Ingress and egress be available from a public street by
means of at least two (2) separate driveways at least forty (40) feet
apart from one another.
(3) Suitable lighting shall be provided and so arranged as to
reflect away from any adjacent or abutting residential district and
toward the commercial area.
(Ls
(4) Adequate provisions shall be made to prevent noise, con-
fusicn and odors from interfering with the peaceful use and enjoyment
Ir Page 57
of adjacent premises.
(5) Proper and adequate sanitary and water facilities shall be
provided.
(6) When a drive-in restaurant adjoins any property located
in any residential district, or is separated from such property by
a public alley, a protective wall shall be erected and maintained as
provided in Section 18. 45 of this ordinance.
(7) No drive-in restaurant shall be located nearer than two
hundred (204) feet as measured from any point on the property to
any point on the property of either a residence, church, public or
parochial school or playground.
(8) The entire lot, excluding the area occupied by a building,
shall be hard surfaced with concrete or a plant-mixed bituminous
material.
(d) Auto-wash establishments and auto-wash establishments
operated with accessory gasoline pumps; provided that:
(1) All washing facilities (except steaming) are to be enclosed
within a building.
(2) The building is situated no closer than thirty-five (35)
feet from one side property line.
(3) Off-street parking areas are provided for automobiles
waiting to be serviced sufficient to park no less than twenty (20)
vehicles.
(4) The building and off-street parking (waiting) areas shall
r
IIbe so located and arranged so that motor vehicles shalt not park
upon or overhang any public sidewalk, street or right-of-way.
Siiii (5) Such use shall not be located nearer than one hundred
fifty (150) feet as measured from any point on the property to any
Page 58
Cs,
i
point on the property of any church, public or parochial school
or playground.
(6) Such use shall be located on a parcel of land containing
at least eight thousand-(8, 000) square feet and having a width of at
least sixty (60) feet at the front property line.
(7) The entire lot, excluding the area occupied by a building,
shall be hard surfaced with concrete or a plant-mixed bituminous
material.
(8) Where such a use adjoins any property located in any
residential district, or is separated from such property by a public
alley, a protective wall shall be erected and maintained as provided
in Section 18. 45 of this ordinance.
i
(9) All exterior lighting, including illuminated signs, shall be
erected and hooded or shielded so as to be deflected away from any
adjacent or neighboring residential property.
(e) Motels, provided that:
(1) No building shall be any closer than twenty-five (25) feet
to any side lot line and no closer than sixty (60) feet to the front
lct line.
(2) Separate buildings shall not be less than ten (10) feet
apart.
(3) Such use shall not exceed twn (2) stories or thirty-five
(35) feet in height.
(f) Drive-In theaters, provided that:
(1) Such use shall be located on a parcel at least twenty (20)
L acres in size with separate access from at least two (2) public
streets.
Page 59
4116161 (2) There shall be at least one exit and one entrance on each
of at least two (2) public streets.
(3) The driveways shall be channelized, separated for ingress
and egress purposes, by a median strip at least twenty (20) feet
in width, and limited to not less than four (4) lanes each, each lane
to be at least ten (10) feet in width.
(4) The driveways designed for ingress and egress to the
drive-in theater shall be at least forty (40) feet in width and five
hundred (500) feet in length.
(5) The screen shall not be placed closer than five hundred
(500) feet from any public street or right-of-way and shall be so
constructed that the picture will not face any public street and be
hidden so far as is possible from the view of residents and traffic.
(6) There are no residential ;uses or residential zoning
within a one thousand (1, 000) foot radius of the drive-in theater,
except that this restriction may be waived by the-written consent
of seventy-five (75) per cent, or more, or the residential property
owners within such area; such consents to be filed with the Bureau
of Inspection.
(g) Used car lots when not operated in conjunction with, adjacent
to and by the proprietor of an automobile sales and showroom, and
New or used mobile home sales and/or service, provided that:
(1) Such use shall be located on a parcel of land containing
no less than fourteen thousand (14,000) square feet and having a
width of at least one hundred (1-00) feet at the front lot line.
(2) No vehicles shall be parked within twenty (20) feet from
411.
the front lot line.
(3) All exterior lighting, including illuminated signs, shall
Page 60
ci, be erected and hooded or shielded so as to be deflected away from
any adjacent or neighboring residential property.
(h) Class C Liquor licensed establishments, provided that:such use
shall not be located within one thousand (1, 000) feet of any other Class C
licensed establishment as measured from any point on the respective pro-
perties.
(i) Skating Rinks; Ice, Roller, provided that such use shall not be
located within five hundred (500) feet of any Class C licensed establish-
ment as measured from any point on the respective properties.
(j) Dance Halls and ballrooms, provided that such use shall not
be located within three hundred (3017) feet of any residential district or
property used for church purposes as measured from any point on the
f
property to be so used; provided, however, that this restriction may be
waived by the written consent of seventy-five (75) per cent of the collective
owners of such properties filed with the Bureau of Inspection.
(k) Trampoline or tumbling rebound centers, provided that:
(1) Such use shall not be located within three hundred (300)
feet of any existing residence as measured from any point on the
property to be so used; provided, however, that this restriction
may be waived by the written consent of seventy-five (75) per cent
or more of the owners of such residences filed-with the Bureau of
Inspection.
(1) Open-air sales, display and/or rental of utility trailers de-
signed to be towed by an automobile (not including house trailers), provided
that:
tIL (1) A minimum lot area of eight thousand (8, 000) square feet
shall be required;
(2) A building of not less than four hundred (400) square feet
Page 61
in area and not more than fifteen (15) feet in height shall be re-
quired which shall be located on said lot;
(3) The display area, that is the area where such items are
stored or displayed, shall be treated so as to prevent the raising
of dust or loose particles; such surfacing may be constructed of
crushed stone, slag, gravel, cinders or any type of surfacing
meeting the approval of the Bureau of Inspection.
(4)--Adequate lighting facilities shall be provided and so arranged
as to reflect light toward the trailer rental area and away from
streets and residential uses adjacent to the area;
(5) During the hours when the open-air display area is closed
to business, there shall be provided lighting with reflectors at a
level of not less than one (1) watt per each square yard of display
area and with a maximum of not more than one and one-half (1-1 /2)
watts per each square yard of display area;
(6) The display area shall be enclosed with either a six (6)
foot cyclone fence or a fence of a type approved by the Bureau of
Inspection which shall be located and maintained on the boundaries
of such display area, with only such openings therein as may be
necessary for ingress and egress; and
(7) Where a side yard or a rear yard of a display area is
immediately adjacent to a residential area, a protective wall shall
be erected.
(m) Open-air sales, not otherwise provided for in this ordinance.
(n) All other waiver uses Luted in the C-1 District, subject to the
411 special regulations pertaining thereto.
Page 62
4,16
Section 11. 04 Uses Prohibited. In all C-2 Districts no building shall here-
after be erected, altered or used, nor shall any land be used in whole or in part for
residential purposes; provided, however, that nothing contained in this section shall
effect or interfere with dwellings now in existence in C-2 Districts on the date when
this ordinance becomes effective nor with any buildings accessory to such -dwellings,
or in any way prevent the owners thereof from making any additions, alterations or
repairs to such dwellings or erecting any buildings accessory thereto; provided
further, however, that all such dwellings and buildings accessory thereto shall con-
form to the same requirements as are provided in this ordinance for the nearest
district thereto in which a dwelling may hereafter be lawfully erected.
Nothing in this article shall be construed as permitting the operation of
material yards, new and used lumber sales, the sale of used machinery or auto
parts, which uses are hereby expressly prohibited in C-2 Districts.
Section 11. 05 Building Height. No building hereafter erected or altered
in a C-2 District shall exceed thirty-five (35) feet or two (2) stories in height, ex-
cept as provided in Sections 18. 41 to 18. 44, inclusive, of this ordinance.
Section 11.06 Protective Wall. All commercial uses when adjacent :br
abutting to an existing residence or residential district shall provide and maintain
a protective wall as required in Section 18. 45 of this ordinance.
Section 11.0'7 'Minimum Lot Area. Every lot in C-2 Districts, used as a
business, shall have an area sufficient in size to comply with the requirements per-
taining to the particular use and with an adequate and safewater supply and a safe
and adequate sewage disposal system as established by standards required by the
r
State or County Health Department rules and regulations. In no case shall a
ci business lot be less than fair thousand (4, 000) square feet in area.
Section 11. 08 Front Yards for Commercial Buildings, Exception. No
front yard is required for a commercial building in any C-2 ,District or any portion
Page 63
ri
Leig of a C-2 District which has a depth of one hundred (100) feet or less.
Section 11. 09 Front and Side Yard Requirements. Except as hereinbefore
provided, each commercial building in any C-2 District shall have a front yard not
less than sixty (60) feet deep and each commercial building on corner lots in any
C-2 District shall have a side yard of not less than twenty-five (25) feet deep as
measured from the side lot line; provided, however, that where any such lot or
parcel abuts a major thoroughfare having an existing or planned width of eighty-six
(86) feet or more as shown on the-Master Thoroughfare Plan, the front and/or side
yard shall be measured from the outside boundaries of such major thoroughfare as
shown on the said Master 'Tioroughfare Pian. No part of the minimum required
front yard or side yard shall be used for either the storage, placement or display
of merchandise or equipment.
Section 11. 10 Side Yards on Interior Lot Lines. In C-2 Districts side
yards are not required along an interior 'side lot line where all walls of buildings,
abutting upon such interior side lot line, are wholly without windows.
Section 11.11 Rear Yards. In C-2 Districts no rear yard is required ex-
cept for a lot running through to the street in the rear in which case a rear yard
shall be provided which shall comply with the front yards on that street.
Section 11. 12 Inner Courts. In C-2 Districts where inner courts are pro-
vided, they shall conform to the requirements of the Housing Law of Michigan .
Section 11. 13 Minimum Size of Commercial Buildings. No commercial
or business building shall hereafter be erected in a C-2 District having a first
rfloor area of less than four hundred (400) square feet or as otherwise approved by
Lia the City Planning Commission.
Section 11. 14 Off-Street Parking Requirements. Off-street parking
II Page 64
facilities shall be provided as hereinbefore specified in Sections 18. 37 to 18. 40,
inclusive, of this ordinance.
ARTICLE XII
P-L DISTRICT REGULATIONS
Section 12. 01 Application of Article. This district is designed to classify
publicly owned uses and lands. The regulations set forth in this article shall apply
in all P-L Districts.
Section 12. 02 Uses Permitted. In P-L Districts no building shall be
erected or used, or land used, in whole or in part, except for one or more of the
following uses:
(a) Municipal or civic center purposes.
(b) Municipal or other gwernmental buildings such as: city hall,
municipal offices, fire stations, police stations, and post offices.
(c) Outdoor publicly owned or leased recreational uses, such as
playgrounds, parks, boating areas, parkways and golf courses.
(d) Educational buildings, such as public primary and secondary
schools and publicly owned and operated institutions of higher learning.
(e) Public service buildings, such as publicly owned-and operated
hospitals, homes for the aged and children's homes.
(f) Municipally owned airports.
(g) Cultural service buildings, such as publicly owned museums,
art galleries and libraries.
r (h) Accessory uses, necessary or incidental to the above principal
uses.
Page 65
COM ARTICLE XIII
P DISTRICT REGULATIONS
Section 13. 01 Application of Article. The regulations set forth in this
article shall apply in all P Districts.
Section 13. 02 Uses Permitted. In all P Districts, no land shall be used
and no building shall be hereafter erected, converted or structurally altered, unless
otherwise provided for in this article, for any use other than automobile parking.
Section 13. 03 Limitaticn of the Use.
(a) Parking areas shall be used for parking of private passenger
vehicles only.
(b) Parking may be with or-without charge.
(c) No business involving the repair or services to vehicles per-
mitted thereon or sale, or other storage, or display thereof, shall be
conducted from or upon such premises.
(d) No building other than those for shelter of attendants shall
be erected upon premises, and there shall be not more than two (2) such
buildings in the area and each such building shall not be more than fifty
(50) square feet in area nor shall each exceed fifteen (15) feet in height.
Section 13. 04 Location. All P Districts shall be contiguous to a Business
District and/or Industrial District; provided, however, that there may be a private
highway or public street or public alley between such P District and such Business
District and/or Industrial District.
Section 13. 05 Ingress and Egress. Adequate ingress and egress shall be
Lprovided in accordance with the plan which shall be submitted, in triplicate, to the
City Planning Commission and which it may either approve or deny.
r, Page 66
Section 13. 06 Surfacing and Drainage. Such parking areas shall be sur-
faced with concrete, plant-mixed bituminous material, crushed rock, gravel or
cinders, shall be maintained in a smooth, firm, usable and dust-proof condition,
and shall, be properly graded and drained to dispose of all surface water.
Section 13. 07 Curb. Necessary curbs or other protection against damage
to adjoining properties, streets and sidewalks shall be provided and maintained.
If a concrete wall is used, it shall not exceed two (2) feet in height above the
adjacent surfaced parking grade.
Section 13. 08 Lighting. Adequate lighting facilities shall be provided and
so arranged as to reflect light away from any residential use, adjacent to the area.
When any such property is emptied of vehicles and so closed that no vehicles may
enter, then no lighting need be maintained.
Section 13. 09 Approval. Plans for the development of any such parking
area must be approved by the City Planning Commission before construction is
started. No such land shall be used for parking purposes until approved by the
Bureau of Inspection.
ARTICLE XIV
R-E DISTRICT REGULATIONS
Section 14.01 Application of Article. The regulations set forth in this
article shall apply in all R-E Districts.
Section 14. 02 Uses Permitted. In all R-E Districts no building or land,
except as otherwiserovided in this ordinance, shall be erectedor
p used except for
one or more of the following specified uses;
(a) Industrial research buildings, development and testing
laboratories and offices with limitations on manufacturing (Tif%gy-(5Q).pexr cent
Page 67
tilior more of the total floor area shall be devoted to research operations
and not over twenty-five (25) per cent of the employees shall be engaged
in manufacturing processes at any one time).
(b) Scientific research, development and testing laboratories and
offices.
(c) Business research, development and testing laboratories and
offices.
(d) Any other uses which are charged with the principal function of
basic research such as the above.
Section 14. 03 Establishment of Area, Height, Bulk and Placement Regu-
lations for R-E Districts. Except as otherwise provided in this ordinance, the
���i�timum requirements governing percentage ratio of usable floor area, to lot area,
I
lot size, required open space, building height, and other pertinent control require-
ments governing the erection and use of buildings in an R-E District, are shown on
the following schedule:
SCHEDULE
a. Maximum Usable Floor Area in Percentage
of Lot Area 40 per cent
b. Required Setback Lines (minimum dimensions):
Front Yard 75 lineal feet
Side.lYards:
At least one 25 lineal feet
Total of two . . . . 50 lineal feet
c. Maximum Height:
No building shall be greater in height than
one-half (1 /2) the horizontal distance from
the front lot line to the front building line.
Section 14. 04 Protective Wall Required. All uses permitted in this district
r
L or abutting to an existingresidence or residential district shall provide and
adjacent u g
maintain a protective wall as required in Section 18. 45 of this ordinance.
Section 14. 05 -Off-Street Parking Requirements. Off-street parking
Page 68
Lemil facilities shall be provided as hereinbefore specified in Sections 18. 37 to 18. 40,
inclusive, of this ordinance.
ARTICLE XV
ML DISTRICT REGULATIONS
Section 15. 01 Application of Article. The regulations set forth in this
article shall apply in all ML Districts.
Section 15.02 Uses Permitted. In all ML Districts no building or land,
except as otherwise provided in this ordinance, shall be erected or used except for
one or more of the following specified uses:
(a) All uses permitted in R-E Districts.
(b) Small industrial plants or shops, not exceeding eight thousand
(8,-000) square feet in area, manufacturing, processing or assembling any
of the following products:
(1) Furniture and fixtures.
(2) Converted paper and paperboard products.
(3) Printing, publishing and allied industries.
(4) Biological products, drugs, medicinal, chemical and
pharmaceutical preparations.
(5) Glass products made of purchased glass.
(6) Electrical machinery, equipment and supplies.
(7) Electronic components and accessories.
(8) Professional, scientific and controlling instruments;
rphotographic and optical goods.
L (9) Jewelry, silverware and plated wares; musical instru-
ments and-parts; toys;--amuserr:ent, sporting and athletic goods;
pens, pencils and other office and artist -materials; costume
FR Page 69
411110 jewelry and miscellaneous notions and plastic articles.
(c) Tool and die shops, and pattern making shops.
(d) Laundry and dry cleaning establishments.
Section 15. 03 Uses-Prohibited. In all ML Districts no building shall be
erected or used, or land used, in whole or in part, for any one or more of the
following uses:
(a) All uses permitted in R-1 through R-5 Districts, R-U-F
Districts, AG Districts, R-6 and R-7 Districts, PS Districts, and C-1
and C-2 Districts.
(b) All waiver uses listed in any of the districts set out in
Section 15. 03(a).
(c) Outside storage of trucks, materials and/or supplies.
(d) Uses causing or resulting in obnoxious, offensive, injurious,
dangerous or unhealthy odors, fumes, dust, smoke, noise, glare of lights
or vibration, or the accumulation of unsightly waste materials on private
or public property.
Section 15.-04 Building Height. No building, hereafter erected or altered
in any ML District, shall exceed thirty-five (35) feet in height, except as provided
in Sections 18. 41 to 18. 44, inclusive, of this ordinance.
Section 15. 05 Yard and Setback Requirements. When a building is here-
after erected or altered in any ML District, front, rear and side yards shall be
maintained as follows:
(a) Parcel. s Less Than One Acre in Area. Where such building
is situated on a lot having an area of one (1) acre or less, the front yard
shall have a depth of at least fifty (50) feet, the rear yard shall have a
L depth of at least twenty (20) feet, and there shall be two (2) side yards,
each having a width of not less than ten (10) feet and the combined width
Page 70
LI of both side yards shall not be less than forty (40) feet.
(b) Parcels Less Than Ten Acres in Area. Where such building is
situated on a lot having an area in excess of one (1) acre and not more than
ten (10) acres, the front and rear yards shall be at least fifty (5-0) feet each
in depth and the side yards shall not be less than thirty (30) feet each.
(c) Parcels More Than Ten Acres in Area. Where such building is
situated on a lot having an area in excess of ten (10) acres, the front yard
shall have a depth of at least one hundred (100) feet, the rear yard shall be
at least fifty (50) feet in depth and the side yards shall not be less than
thirty (30) feet each.
Provided, however, that notwithstanding the foregoing, where any such parcel or lot
faces a major thoroughfare having an existing or planned width of one hundred twenty
(120) feet or more, as shown on the Master Thoroughfare Plan, then and in such
1 cases the front yard shall be provided and maintained with a depth of no less than one
hundred (100) feet; except, however, in the case of properties fronting on Eight Mile
Road (Baseline Road), in which case the said minimum setback shall be fifty (50) feet;
further, the yard requirements set forth in this section shall not apply to property
lines adjacent to any railroad right-of-way; further and in addition to the above re-
quirements, when any materials stored inside are of a combustible nature, then one
side yard shall always be maintained at least twelve (12) feet in width open at all
times to the street and drained, surfaced and maintained to permit free access to the
rear of the property by fire trucks and equipment.
Section 15. 06 Protective Wall Required. All uses permitted in this district
adjacent or abutting to an existing residence or residential district shall provide and
,maintain a protective wall as required in Section 18. 45 of this ordinance.
Section 15. 07 Industrial Performance Standards. All uses carried on in
LIML Districts shall comply with the minimum industrial performance standards fixed j
Page 71
i
1
and provided in Section 18. 48 of this ordinance.
(It
Section 15.08 Off-Street Parking Requirements. Off-street parking
facilities shall be provided as hereinbefore specified in Sections 18. 37 to 18. 40,
inclusive, of this ordinance.
ARTICLE XVI
M-1 DISTRICT REGULATIONS
Section 16. 01 Application of Article. The regulations set forth in this
article shall apply in all M-1 Districts.
Section 16. 02 Uses Permitted. In all M-1 Districts no building or land,
except as otherwise provided in this ordinance, shall be erected or used except for
[ one or more of the following specified uses:
(a) All uses permitted in ML Districts subject only to the
requirements of this article.
(b) Special trade contractors, building material suppliers and
wholesalers.
(c) Utilities and communications, such as: electrical receiving
or transforming stations, radio or television broadcasting stations,
transmitting and receiving towers.
(d) Warehousing, refrigerated and general storage; bulk storage
of refined petroleum products.
(e) Local and suburban passenger transportation facilities;
trucking transportation terminals, maintenance and service facilities,
(f) Industrial plants manufacturing, processing or assembling
the following:
(It
(1) Agricultural products.
(2) Food and kindred products, but not to include, and -
i
Page 72
41101
excluding, slaughterhouses and abattoirs.
(3)' Canvas products made of purchased canvas.
(4) Fabricated metal products, except heavy machinery
and transportation equipment.
(5) Metal working machinery and equipment; general
industrial machinery and equipment.
(6) Jobbing and repair machine shops.
(7) Monuments, cut stone and stone products.
(8) Dies, gauges, instruments, patterns, and leather goods.
(g) Storage buildings, warehouses and yards for wholesalers,
distributors and jobbers, and for lumber, building materials and supplies,
coal, coke, fuel and similar items.
(h) Laundry and dry cleaning establishments, cold storage plants,
bakeries, dairies and creameries, soft drink and bottling plants, artisan
and craftsman shops, printing and engraving shops, radio stations, mill-
work and lumber planing mills, tinsmith and sheetmetal shops, and paint
shops.
(i) Gasoline and oil service stations, garages, repair shops and
similar highway services.
(j) Any other manufacturing plants and uses having performance
characteristics similar to those listed in this district in that they emit
a minimum of noise, vibration, smoke, dust, dirt, toxic or offensive
odors or gases, glare, electromagnetic or atomic radiation and odor.
All uses located within this district shall be so designed, constructed
and operated that there is no production of sound discernible at the lot
lines in excess of the average intensity of street and traffic noise at the
41. lot lines, nor any production of heat or glare discernible at the lot lines.
Page 73
1
Sip Section 16.133 Uses Prohibited. In all M-1 Districts no building shall be
erected or used, or land used, in whole or in part, for any one or more of the
following uses:
(a) All uses permitted in R-1 through R-5 Districts, R-U-F
Districts, AG-Districts, R-6 and R-7 Districts, PS-Districts, and C-1
and C-2 Districts unless expressly permitted in this article.
(b) All waiver uses listed in any of the districts set out in
Section 16. 03(a) unless expressly permitted in this article.
(c) Junk yards and businesses handling junk;-waste, trash or
rubbish.
(d) Used auto parts or auto wrecking establishments.
(e) Incubation, raising or storing of poultry.
E (f) Slaughtering of-animals.
(g) Use or operation of steam hammers, forging equipment.
(h) Heavy manufacturing, drop forging plants, foundries and
boiler wcrks.
(i) Uses causing or resulting in obnoxious, offensive, injurious,
dangerous or unhealthy odors, fumes, dust, smoke, noise, glare of
lights or vibration, or the accumulation of unsightly waste materials
on private or public property.
Section 16.-04 Building Height. No building hereafter erected or altered
in any M-1 District shall exceed thirty-five (35) feet in height, except as provided
in Sections 18. 41 to 18. 44, inclusive, of this ordinance.
Section 16. 05 Yard and Setback Requirements. When a building is here-
after erected or altered in any M-1 District, front, rear and side yards shall be
(it
maintained as follows:
(a) Parcels Less Than One Acre in Area. Where such building
g Page 74
is situated on a lot having an area of one (1) acre or less, the front yard
(116
shall have a depth of at least fifty (50) feet, the rear yard shall have a depth
of at least twenty (20) feet and the side yards shall be not less than twenty
(20) feet each.
(b) Parcels Less Than Ten Acres in Area. Where such building is
situated on a lot having an area in excess of one (1) acre and not more than
ten (10) acres, the front arra rear yards shall be at least fifty (50) feet each
in depth and the side yards shall not be less than twenty (20) feet each.
(c) Parcels More Than Ten Acres in Area. Where such building is
situated on a lot having an area in excess of ten (10) acres, the front yard
shall have a depth of at least one hundred (100) feet, the rear yard shall be
at least fifty (50) feet in depth and the side yards shall not be less than
twenty (20) feet each.
Provided, however, that notwithstanding the foregoing, where any such parcel or lot
faces a major thoroughfare having an existing or planned width of one hundred twenty
(120) feet or more, as shown on the Master Thoroughfare Plan, then and in such
cases the front yard shall be provided and maintained with a depth of no less than one
hundred (100) feet; except, however, in the case of properties fronting on Eight Mile
Road (Baseline Road), in which case the said minimum setback shall be fifty (50) feet;
further, the yard requirements set forth in this section shall not apply to property
lines adjacent to any railroad right-of-way; further and in addition tothe above re-
quirements, when any materials stored inside are of a combustible nature, then one
side yard shall always be maintained at least twelve (12) feet in width open at all times
to the street arra drained, surfaced and maintained to permit free access to the rear of
the property byfire trucks and equipment.
Section 16.08 Protective Wall TRequired. All industrial uses when adjacent
CIL
or abutting to an existing residence or residential district shall provide and main-
tain a protective wall as required in Section 18. 45 of this ordinance.
r)i Page 75
416
Section 16. 07 Industrial Performance Standards. All uses carried on in
M-1 Districts shall comply with the minimum industrial performance standards
fixed and provided in Section 18. 48 of this ordinance.
Section 16. 08 Off-Street Parking Requirements. Off-street parking
facilities shall be provided as hereinbefore specified in Sections 18. 37 to 18. 40,
inclusive, of this ordinance.
Section 16. 09 Dwellings. Nothing contained in this article shall affect or
interfere with dwellings now existing in any M-1 District, or with any buildings
accessory to such dwellings, or in any way prevent the owners thereof from making
any additions, alterations or repairs to such dwellings or erecting any buildings
accessory thereto; provided, however, that all such dwellings and buildings
accessory thereto shall conform to the same requirements as are provided in this
ordinance for the nearest district in which dwellings may hereafter be lawfully
erected.
ARTICLE XVII
M-2 DISTRICT REGULATIONS
Section 17. 01 Application of Article. The regulations set forth in this
article shall apply in all M-2 Districts.
Section 17.02 Uses Permitted. In all M-2 Districts no building or land ,
except as otherwise provided in this ordinance, shall be erected or used except for
one or more of the following specified uses:
r (a) Any use of land or buildings which is permitted in an M-1-District.
(b) Any lawful use of land or buildings not herein expressly provided
Sip
for or prohibited.
(c) --Heavy manufacturing and general industrial plants.
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(d) Uses accessory to any of the above permitted uses.
Provided, however, that no use above specified shall be allowed where such
use is contrary to any of the provisions or conditions contained in this article.
Section 17. 03 Uses Prohibited. In all M-2 Districts no building shall be
erected or used, or land used, in whole or in part, for any one or more of the follow-
ing uses:
(a) All uses that are prohibited in an M-1 District.
(b) Tanneries, slaughterhouses, stock yards, glue factories,
soap factories, asphalt mixing, batching or paving plants, oil or asphalt
refineries, except that asphalt mixing, batching or paving plants using
modern dust and odor reducing equipment may be permitted on approval
by the City Planning Commission, where such a use is located at least
one thousand (1,-000) feet from any district zoned as residential, as
measured from any point on the property.
(c) The operation of forgings by steam or board hammers except
where located more than one thousand (1,U JO) feet from any district zoned
--as residential as -measured from any point on the property and where
approval is given by the City Planning Commission. No such approval shall
be given until the Commission is satisfied that vibration and noise will be
reduced to a reasonable minimum through construction and use of the most
modern and effective facilities available for such purpose.
(d) Uses causing or resulting in obnoxious, offensive, injurious,
dangerous or unhealthy odors, fumes, dust, smoke, noise, glare of lights,
waste, discharge of by-products, or the accumulation of unsightly waste
materials on private or puUIic: property.
fit (e) Uses similar to the above specified uses.
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Section 17.U4 Yard and Setback Requirements. Every building which is
hereafter erected or altered on any parcel of land situated in an M-2 District and
having an area in excess of ten (10) acres,--and the principal use of which is heavy
manufacturing or general industrial, shall have front, rear and side yards of not
less than two hundred (200) feet each; and every building which is hereafter erected
or altered on any such parcel of land having an area of ten (10) acres or less, and
every building which is hereafter erected or altered on any such parcel having an
area in excess of ten (p0) acres and which is used only for a purpose or uses ex-
pressly permitted in an M-1 District, shall have the same front, rear and side yards
as are required in an M-1 District; provided, however, that notwithstanding the fore-
going provisions of this section, where any such parcel abuts on the boundary of any
district zoned other than M--2 or of any thoroughfare shown on the-Master Thorough-
fare Plan, any yard of such parcel abutting on any such boundary shall not be less
than two hundred (21a0) feet; and provided further, that the restrictions set forth in
this section shall not apply to property lines adjacent to any railroad right-of-way.
Section 17. 05 Protective Wall Required. All industrial uses when adjacent
Or abutting to an existing residence or residential district shall provide and maintain
a protective wall as required in Section 18. 45 of this ordinance.
Section 17. 06 Industrial Performance Standards. All uses carried on in
M-2 Districts shall comply with the minimum industrial performance standards fixed
and provided in Section 18. 48 of this ordinance.
Section 17.-07 -Off-street Parking Requirements. Off-street parking
facilities shall be provided as hereinbefore specified in Sections 18. 37 to 18. 40,
inclusive, of this ordinance.
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Section 17.08 Dwellings. Nothing contained in this article shall affect or
interfere with dwellings now- existing in any M-2 District, or with any buildings
accessory to such dwellings, or in any way prevent the owners thereof from making
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416 any additions, alterations or repairs to such dwellings or erecting any buildings
accessory thereto; provided, however, that all such dwellings and buildings
accessory thereto shall conform to the same requirements as are provided in this
ordinance for the nearest district in which dwellings may hereafter be lawfully
erected.
ARTICLE XVIII
SUPPLEMENTARY REGULATIONS
Section 18. 01 Application of this Article. The provisions of this article
shall apply to all districts within the City of Livonia, except where otherwise ex-
pressly stated in this ordinance.
Section 18. 02 Scope. No building or land, or part thereof, shall be used,
altered, constructed or reconstructed except in conformity with the provisions of
this ordinance and the regulations hereby established which apply to the district in
which it is located. No building shall be erected or altered to exceed in height the
limit herein established for the district in which such building is located; no build-
ing shall be erected, nor shall an existing building be altered, enlarged or rebuilt,
nor shall any open space surrounding any building be encroached upon or reduced
in any manner, except in conformity with the provisions of this ordinance and the
regulations hereby established for the district in which it is located.
Section 18. 03 Buildings Under Construction. Any building or structure for
which a building permit has been issued and the construction of the whole or a part
of which has been started, or for which a contract or contracts have been entered
into pursuant to a buildingpermit issued prior to the effective date of this ordinance,
(11L
may be completed and used in 'accordance with the plans and application on which
said building permit was granted.
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,.,, Se ction 18.04 Building and Easement Grades.
(a) Any building requiring yard space shall be located at such an elevation
that a sloping grade shall be maintained to cause the flow of surface water to run
away from the walls of the building. A building grade line (sometimes referred to
as the finish grade or finish grade line) shall mean the elevation of the ground ad-
joining the building on all four. sides. A first floor elevation shall mean the height
which the first floor extends above the building grade. A sloping earth grade be-
ginning at a sidewalk level shall be maintained and established from the center of
the front lot line to the finish grade line at the front of the building and from the
rear wall of the building to the rear lot line. The height of the finish grade line of
any dwelling shall not be less than twelve (12) inches nor more than eighteen (18)
inches above the average front sidewalk elevation; the first floor elevation shall not
be more than twenty-six (26) inches above the finish grade line of the building. When
a new building is being constructed on a vacant lot between two (2) existing buildings
or adjacent to an existing building, the yards around the new building shall be graded
in such a manner so as not to permit runoff of surface water to flow onto the
adjacent properties. Whenever the natural drainage of the land is such as is likely
to or will cause the flow of surface water to be from the front yard to the rear yard,
or where the natural topography dictates a modification from the foregoing require-
ments, the building grade may be established otherwise than hereinbefore provided;
provided, however, that in all such cases the altered design shall be submitted to
and approved by the Department of Public Works. Surface grades shall be approved
by the Department of Public Works before the issuance of any building permit.
(b) Where any lot, part or parcel of land, has located upon it a duly re-
corded easement for any purpose whatsoever, that portion of such land whereon the
easement exists shall beraded as indicated bythe Department of Public
g art
p Works, and
Sooin no event shall be graded so as to obstruct or substantially slow down the natural
flow of surface water across such easement. The grade in easements shall in all
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cases be subject to the,approval of the Department of Public Works.
Section 18.05 Minimum Lot Size and Width. The size and width of each
residential lot on which or in relation to which any building or use is affected by the
provisions of this ordinance shall not be less than the minimum size and width re-
quirements established by this ordinance which apply to the district in which the
residential lot is located.
Section 18. 06, Application to Lots of Record .
(a) Where the owner of a nonconforming lot of record in any R-1 through
R-5, R-U-F or AG District cannot reasonably acquire sufficient land to enable him
to conform to the requirements of this ordinance relating to lot area, lot width, or
both, such lot of record may be used as a building site for a single family dwelling
provided that such lot of record is held in a single ownership from abutting land and
provided that the other requirements of this ordinance are satisfied.
(b) Where two (2) or more abutting lots of record are held under one (1)
ownership and where one (1) or more of such lots are nonconforming, the provisions
of this ordinance relating to lot size in the district in which such lots are located
shall be observed and shall not be avoided by any sale or conveyance of all or any
portion of any such lots after the effective date of this ordinance; provided, however,
that where a clear majority of the lots in the same subdivision in which such non-
conforming lots are located have already been developed, with dwellings, and as
building sites, of the same size or smaller in size and area than the said abutting
lots of record, then and in such cases, each of the nonconforming lots may be
developed as separate building sites of a size and area consistent with the majority
rof the lots theretofore developed.
Section 18. 07 Approval of Plats. No proposed plat of a new subdivision
Sof shall hereafter be approved by either the City Council or City Planning Commission
unless all of the lots within such plat equal or exceeds the minimum lot size and
Page 81
(1. width requirements which apply to the district in which the land sought to be platted
is located and unless such plat in all other respects fully conforms with the statutes
of the State of Michigan, the ordinances of the City of Livonia and the Subdivision
Regulations.
Section 18. 08 Lot Limitation. No more than one (1) principal building
shall be constructed, erected or placed on any lot in a recorded subdivision or on
any parcel of land with the exception of (a) parcels described and designated as
"outlots" in a recorded plat which are so arranged or subdivided as to provide for
one or more principal buildings with a land area allocated to each building which
is equal to or greater than the lot area required in the district, and the building
and land complies-with all other requirements of the district in which it is located;
iiand (b) parcels in excess of two (2) acres in area to be used for a multiple family
planned development provided that the land area allocated to each building is equal
to or greater than the requirements of the R-7 District, the buildings and land com-
ply with all other requirements of the R-7 District and a site plan, fully dimensioned
and showing the arrangement of buildings, parking areas, yards and all driveways
and streets is first approved by the City Planning Commission.
Section 18. 09 Trailer Camps. The erection, establishment, maintenance
or use of mobile home courts, automobile trailer camps, trailer parks or similar
enterprises within the City of Livonia is hereby prohibited. No person shall
operate within the City of Livonia any mobile home court, trailer camp, trailer
park or similar business. The use of any land within the City of Livonia for a
mobile home court, trailer camp, trailer park or similar purpose is hereby pro-
hibited. This section shall not apply to any business or use in lawful existence
r
at the time this ordinance becomes effective.
ciiSection 18. 10 Water Supply and Sewers. No zoning permit shall be issued
under the provisions of this ordinance until the Bureau of Inspect ion shall have
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(Li verified the existence of a well or water supply system and shall have approved
two (2) sets of plot plans showing the location and distances of the building from a
well or water supply system and sewage disposal system.
Section 18. 11 Outdoor Toilets. No permanent building within the City of
Livonia shall hereafter be erected, altered or used for an outside toilet of any type
unless approved lavatory facilities are installed and connected to a public sewer
if available or, if not available, then to an approved septic tank and drainage field.
Temporary toilets shall be permitted on constructions during period of con-
struction.
Section 18. 12 Waste and Rubbish. No garbage, sewage, filth, refuse,
waste, trash, debris or rubbish, including cans, bottles, waste paper, cartons,
boxes and crates, or other offensive or obnoxious matter, shall be kept in open
containers, or piled, placed, stcred or dumped on any land within the City of Livonia;
provided, however, that nothing contained in this ordinance shall prevent the City
of Livonia from establishing or maintaining a City dump for the exclusive use of
the residents of such City. All waste material, trash and rubbish must be dis-
posed of at least mce in each month; and provided further, that nothing contained
herein shall prevent the reasonable use of garbage, fertilizers, manure and
similar material for the improvement of land situated within any R-U-F or AG
District, or the reasonable use of any commercial fertilizer in any district, where
such use is not carried on in an unhealthy or unsanitary manner or does not con-
stitute a menace to the health and welfare of the public or a nuisance to the sur-
rounding area.
Section 18. 13A Removal of Soil; Permit Required. No person shall re-
Sip move, excavate, extract,stockpile or transport or cause to be removed, excavated,
extracted, transported or stockpiled for such removal any soil from any land within
the City of Livonia unless and until the bonds and fees required herein have been
Page 83
I,
filed and deposited and a permit therefor obtained from the City of Livonia. The
word "soil" for all purposes of this and the succeeding four (4) sections of this
ordinance is hereby defined to mean and include land, earth, dirt, clay, sand,
gravel, soil components, minerals and kindred substances. All soil removal
and excavation permits where authorized, shall be issued by the Bureau of Inspection
after full compliance by the applicant of all terms and provisions of this section re-
lating thereto.
Section 18. 13B Removal of Soil; Approval of Commission Required. No
soil removal permit or permit to stockpile shall hereafter be issued unless and until
the City Planning Commission does, by resolution, (a) determine the proposed soil
removal and/or excavation operations will not be injurious to the public health,
safety and welfare, (b) approves the application fora soil removal permit, and
(c) authorizes the issuance of a soil removal permit. Such appr_oital shall be non-
transferable and the applicant must obtain from the Bureau of Inspection a topsoil
permit within a thirty (30) day period immediately following the approval.
Section 18. 13C Removal of Soil; Application Required. Applications for
soil removal and/or excavation permits, verified under oath, shall be filed, in
quadruplicate, with the Bureau of Inspection. Such applications shall be accom-
panied by and set forth fully the following information:
(a) The full name, address and signature of the applicant; a
full and complete legal description of the land on which the soil removal
and/or excavation operations are proposed; the names, addresses and
signatures of the owner or owners of such land; a detailed description
of the nature and extent, including the amount of acreage, of the pro-
posed operations so that the character thereof and the effect upon such
land can readily be ascertained; a description of the equipment and
vehicles to be used in the proposed operations; the time within which
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such operations shall be commenced and completed, and an agreement on
the part of the applicant and owner, or owners, to fully comply with all
the ordinances, rules and regulations of the City of Livonia and all its
departments.
(b) A topographical survey, dated and certified by a registered
engineer or land surveyor showing, in detail, the existing grade elevations,
the proposed or finished grade elevation and the contour of the land described
in the application. The survey shall also indicate the grade and elevation
of all the nearest existing streets; provided that in those cases where the
applicant desires to remove soil from land that has been or is being platted
and a proposed subdivision has been approved or will be submitted to the
City of Livonia, then the applicant shall submit, in addition to the above
}
survey, a plat clearly indicating the grade elevations of the proposed
streets in such subdivision.
(c) A license, witnessed and acknowledged as in the case of a deed,
granting to the applicant (if th'e applicant is not the owner), the person or
persons executing the corporate surety bond required hereafter and the
City of Livonia, severally, the right to enter upon said premises, describing
them, and by filling and grading such premises, restore the same and bring
it to the normal building grade as established from the nearest existing or
proposed street as the case may be.
Section 18. 13D Removal of Soil; Reports from Departments Required. The
Bureau of Inspection shall forward a copy of such application and topographical sur-
vey to the Police Department, the Engineering Division and the City Planning Com-
rmission.
(a) The Police Department shall examine the application to deter-
mine whether or not the proposed operations will interfere with the enforce-
ment and administration of traffic laws. The recommendation of the Police
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Department shall be transmitted to the City Planning Commission.
SL
(b) The Engineering Division shall examine and investigate the
application and topographical survey to determine the existing grade ele-
vation of the property described in same. The City Engineer shall recom-
mend approval of the application only if it appears from his examination
and investigation that no soil will be removed below the normal building
grade as established by the City Engineer from the nearest existing or
proposed streets, as the case may be. The recommendation of the
Engineering Division shall be transmitted to the City Planning Commission.
The City Planning Commission shall examine the application and topo-
graphical survey, together with the above recommendations. The Commission shall
not approve any application to remove soil below the normal building grade as estab-
lished from the nearest existing or proposed street; similarly, no application shall
be approved where the proposed operations, in the opinion of the Commission, would
result in land becoming unwholesome, unhealthy, offensive, filthy or otherwise
obnoxious. If, in the opinion of the Commission, there is sufficient soil available
above the normal building grade and the proposed operations will not endanger the
public health, safety and welfare, then the Commission may approve the application.
The approval shall be by resolution; such resolution shall also authorize the issuance
of a soil removal permit subject to any restriction or condition which the Commission
may specify in approving the application and upon the payment of the permit fee and
filing of the bond hereinafter provided.
Section 18. 13E Removal of Soil; Regulations, Fee, Bonds. Where an
application requests permission to remove soil from land that has been platted and
approved for subdividing by the City of Livonia, the grade elevation of the streets
(it
in the proposed subdivision may be used as a basis for determining the normal
building grade. The applicant is herein required to present substantial evidence
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41, of the grade elevation of such proposed streets,
Notwithstanding any of the provisions of this section, no soil shall be re-
moved below the mrmal building grade as established from the nearest existing or.
proposed street, by the Engineering Division, No soil shall be removed in such
manner as to cause water to collect or as to result in a menace or danger to the
public health, safety and welfare. No soil shall be removed in such manner as to
leave the surface of the land below such established grade or unfit for the growing
of turf and other land uses permitted in the district in which such removal occurs.
The Engineering Division at any time may fully inspect or examine land from which
it is proposed to remove or excavate soil, for the purpose of making any determin-
ation as to grades or otherwise. The holder of a permit shall, during such removal,
, a
provide for drainage in such manner as may be approved by the Engineering Division
i
of the Department of Public Works.
LA..,
The fee for such permit is hereby fixed at One Hundred Dollars ($100. 00).
No permit shall be transferable. Such permit shall specify the period for which it is
granted, which shall in no case be longer than one (1) year from the date of issuance.
A permit may be revoked by the Bureau of Inspection whenever the holder of such
permit has violated any of the provisions of the ordinances, rules and regulations of
the City of Livonia of whenever the exercise of the rights granted by such permit
have caused or is reasonably likely to cause a menace or danger to the public health,
safety or welfare.
No permit shall be issued until the applicant and owner or owners have filed
with the City a cash bond guaranteeing and a corporate surety bond, conditioned on the
full performance by the holder of the permit of all the provisions of this section, due
r compliance with the laws of the State and ordinances of the City of Livonia and pay-
ment of anyand all claims of the Cityof Livonia and/or anyperson orpersons arising
(ILout of any operation under or use of such permit, or any violation of said laws or
ordinances; such bonds shall also be specifically conditioned upon the holder of the
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ftpermit, at all times, maintaining the premises upon which the removal of soil or
excavating is being performed, in a safe and proper condition, and that said permit
holder will, upon completion of such operation, leave or restore the said land to
normal building grade level (as established by the Department of Public Works),
remove and abate all offensive conditions, all unhealthy, unwholesome, obnoxious,
filthy and unsanitary conditions, drain stagnant water existing and resulting from
such removal of soil or excavating. The City Planning Commission shall fix the
amount of the bonds to be deposited by the applicant. The bonds shall be in an amount
estimated as sufficient to fill and grade the land on which such operations are to be
undertaken to the normal building grades as established by the Engineering Division
of the Department of Public Works, The Commission shall fix the amount of the
rcorporate surety bond to be filed and the applicant shall deposit in addition thereto
a cash bond in an amount equal to ten (10) per cent of the surety bond. Such bonds
shall be for an indefinite period until released and discharged, after recommendation
of the Engineering Division and Bureau of Inspection, by resolution of the City
Planning Commission adopted at a regular meeting of that body. The bonds shall be
in such form as may be approved by the City Attorney.
Section 18. 13F Removal of Soil; Exception. This section shall apply only
to the removal of soil for commercial purposes and shall not apply to the moving,
grading or leveling of soil within a parcel of land for reasonably immediate use upon
such parcel of land, nor shall this section apply to such removal of soil as the Bureau
of Inspection may determine to be reasonably necessary in the construction of base-
ments, foundations, footings, driveways, underground utilities and parking areas,
nor shall this section apply to the removal of grass sod grown for commercial
purposes where the Department of Public Works determines that such removal will
Sonot cause water to collect, result in poor drainage conditions or constitute a menace
to public health arri safety; provided, however, that a determination that this section
does or does not apply in the above instance shall always be made in writing by the
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Bureau of Inspection on written application of any person desiring to remove sod.
Section 18. 14 Excavations and Holes. The construction, maintenance or
existence within the City of Livonia of any unprotected, unbarricaded, open or
dangerous excavations, holes, pits or wells, or of any excavations, holes or pits
which constitute or are reasonably likely to constitute a danger or menace to the
public health, safety or welfare, are hereby prohibited; provided, however, that
this section shall not prevent construction of excavations under a permit issued
pursuant to this ordinance or the Building Code Ordinances of the City of Livonia
where such excavations are properly protected and warning signs posted in such
manner as may be approved by the Bureau of Inspection; and, provided further,
that this section shall not apply to lakes, streams or other natural bodies of water,
E. or to ditches, streams, reservoirs, or other major bodies of water created or
existing by authority of the State of Michigan, County of Wayne, City of Livonia or
Lig
other governmental agency.
Section 18. 15 Dumping of Soil, Sand, Clay or Gravel. The dumping of any
soil, sand, clay or gravel on any parcel of land within the City of Livonia is hereby
prohibited, except where, within six (6) months following such dumping, such parcel
of land is graded in such manner as to prevent the collection of water, to provide
proper drainage and to leave the ground surface fit for the growing of turf and other
land uses permitted in the district; provided, however, that no soil, sand, clay,
gravel, trash, rubbish or waste material shall be dumped on the spillways or flood
-planes of any natural streams or water courses, or on any area between the lower
and upper banks of such streams or water courses, except on approval of the City
rPlanning Commission, after a public hearing and on a satisfactory showing that such
dumping will not result in damage to other property within the City of Livonia and
will not be injurious to the public health, safety and welfare.
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Section 18. 16 Billboards and Signs. The erection and maintenance of bill-
Lim
boards and outdoor advertising signs on any parcel of land within the City of Livonia,
or the use of any such parcel for said purpose, are hereby prohibited; provided,
however, that this section shall not apply to billboards or outdoor advertising signs
lawfully in existence at the time this ordinance becomes effective, nor to those
specific signs which are expressly allowed by the district regulations contained in
this ordinance.
Section 18. 17 Nonconforming Use; Continuance. The lawful use of land or
a structure exactly as such existed at the time of the enactment of this ordinance,
may be continued, except as provided in Section 18. 18 of this ordinance, although
such use or structure does not conform with the provisions of this ordinance. Such
`3 a use, where lawfully continued pursuant to the provisions of this section, shall,
for the purpose of this ordinance, be known as a "Valid Nonconforming Use"; but
ar/
where such a use is not thus lawfully continued, the same, for the purpose of this
ordinance, shall be known as an "Invalid Nonconforming Use. "
Section 18. 18 Nonconforming Use; Termination. Any use which is properly
designated as a valid nonconforming use shall be automatically terminated on the
happening of any one or more of the following events:
(a) A change of the actual use of a building or parcel of land from
a valid nonconforming use to a use expressly permitted in the district in
which such building or parcel is located;
(b) Actual discontinuance of such valid nonconforming use for a
period of one (1) year, either as to the whole or any part of a building or
rparcel of land, in which case such discontinuance shall be considered an
abandonment of said use;
(IL
(c) Damage to the extent of more than fifty (50) per cent of the
assessed value of a building, exclusive of its foundation, by fire, explosion,
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is
act of God, or any act of a public enemy, occurring subsequent to the
41111
effective date of this ordinance;
(d) Acquisition by the City of Livonia, by purchase, condemnation
or otherwise, of private property for the removal of such valid nonconforming
use, pursuant to Section 3(a), Act 207, Public Acts of Michigan, 1921, as
amended; or
(e) Failure of the owner or lessee of a building subject to a valid
nonconforming use to obtain a certificate for such use within one (1) year
from the effective date of this ordinance, pursuant to Section 22. 11 of this
ordinance.
After such termination, such nonconforming use may not thereafter be resumed or
revived.
r
Section 18. 19 Nonconforming Use; Restoration. Nothing in this ordinance
Livata
shall prevent the restoration, repairing, or rebuilding of any valid nonconforming
building or structure damaged to the extent of fifty (50) per cent or less of its
assessed value, exclusive of the foundation, at the time the damage occurred, by
fire, explosion, act of God, or any act of the public enemy, subsequent to the
effective date of this ordinance, or shall prevent the continuance of the use of such
building, or part thereof, as such use existed at the time of such impairment of
such building or part thereof.'
Section 18. 20 Nonconforming Use; Repair. Nothing in this ordinance shall
prevent the repair, reinforcement, or reconstruction of a valid nonconforming build-
ing, structure, or part thereof existing at the effective date of this ordinance,
rendered necessary by wear and tear, deterioration or depreciation, provided the
L7cost of such work shall not exceed forty (40) per cent of the assessed valuation of
such building or structure at the time such work is done, nor shall any provision of
this ordinance prevent compliance with the provisions of any Building Code in effect
in this City or the Housing Laws of Michigan relative to the maintenance of buildings
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4.1 or structures.
Section 18. 21 Nonconforming Use; Exceptions. Notwithstanding the pro-
visions of the preceding Sections 18. 17 to 18. 2'O, inclusive, of this ordinance,
nothing in this ordinance shall prevent:
(a) The alteration, improvement or rehabilitation of any valid
nonconforming building which does not involve any increase in height,
area, bulk or change of use;
(b) The strengthening or restoration of any building or wall de-
clared unsafe by the Bureau of Inspection;
(c) Any alteration, improvement or repair required by the Depart-
ment of Health or the Department of Public Safety, or by any of the divisions
rof said departments, as necessary to the protection of the public health,
Lsafety and welfare;
+.rll
(d) Any alteration, improvement, repair or addition determined
by the Bureau of Inspection to constitute full or partial compliance with the
use requirements of the district in which the building in question is situated.
(e) The alteration, improvement or repair of, or addition to any
dwelling or any accessory building, including private garage, incidental to
such dwelling; or
(f) The erection of any accessory building, including private garage,
incidental to an existing dwelling.
Section 18. 22 Nonconforming Use; Elimination. Except as hereinafter pro-
vided, no building, structure or premises or part thereof shall be used, altered,
rconstructed or reconstructed except in conformity with the provisions of this ordinance
41 which apply to the district in which it is located. The existence of nonconforming uses
is hereby declared to be contrary to the best interests of the community and it is
hereby declared to be the policy of the City as expressed in this ordinance to
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l discontinue nonconforming uses in the course of time, as circumstances permit,
having due regard for the rights of all parties concerned. In order to accomplish
the elimination of those nonconforming uses which constitute a nuisance or are
detrimental to the public health and general welfare, the City of Livonia, pursuant
to Section 3(a), Act 207, Public Acts of Michigan, 1921, as amended, and Sections
11 and 15, Chapter IV of the Charter, may acquire by purchase, condemnation or
otherwise private property for the removal of nonconforming uses and structures;
provided, however, that such property shall not be used for public housing. The
Council may in its discretion provide that the cost and expense of acquiring such
private property be paid from general funds, or the cost and expense or any portion
thereof be assessed to a special district.
Section 18. 23 Nonconforming Due to Reclassification. The foregoing pro-
f.,
visions relating to nonconforming uses shall also apply to buildings, structures, land
.r/ or uses which hereafter become nonconforming due to any reclassification of districts
under this ordinance or any subsequent change in the regulations of the ordinance.
Section 18. 24 Accessory Buildings. A garage building attached to the
principal building or at a distance of not more than ten (10) feet in the rear of the
rear wall of the building, shall comply, in all respects with the requirements of
this ordinance applicable to the principal building. Detached garages shall not ex-
ceed one (1) story or ten (10) feet in height to the eaves, and shall not occupy more
than twenty (20) per cent of the area of any rear yard, and shall not be nearer than
two (2) feet to the side lot line; provided, however, that where there are existing
accessory buildings on the same or adjacent lot, such accessory building shall not
r be constructed closer than four (4) feet to such existing accessory building. Garages
Li, and accessory buildings on corner lots shall not be constructed closer to the side
street lot line than that wall of the principal building parallel to such side street line.
A detached accessory building, other than a garage, shall not exceed one (1) story
or fifteen (15) feet in height, and shall not occupy more than twenty (20) per cent of
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the rear yard, shall be located not closer than ten (10) feet from an interior side
i
lot line.
Section 18. 25 Separate Dwellings for Domestic Employees. Separate
dwellings for the use of domestic employees of the owners, lessee or occupants of
the principal dwelling on a lot shall be considered accessory buildings, but if con-
taining a complete housekeeping unit or units, shall conform to all the height and
yard requirements for dwellings in the district in which they are located.
Section 18. 26 Yards; Double Frontage Lots. On double frontage lots a
front yard, as prescribed for the district as herein established, shall be provided
on both streets.
Section 18. 27 Front Yards; Schoolcraft Road. Notwithstanding anything
in this ordinance to the contrary, where a residentially zoned lot or parcel is adjacent
L.• to or abuts on Schoolcraft Road in the City cf Livonia, no building shall be erected,
moved, enlarged or otherwise established on such lot or parcel closer than seventy-
five (75) feet to the lot line abutting the major street, except that in cases where
special hardships or inequities due to special conditions can be shown to exist, this
setback provision may be adjusted by the Zoning Board of Appeals after a public
hearing and notice as provided in this ordinance.
Section 18. 28 Yards; Encroachments. Outside stairways, fire escapes,
fire towers, porches, platforms, balconies, boiler flues and other projections shall
be considered as part of the building and not as part of the yards or courts or un-
occupied spaces; provided, however, that this provision shall not apply to one (1)
r fireplace or one (1) chimney projecting not more than twelve (12) inches into side
yard space, and not more than eight (8) feet in length, nor to platforms, terraces
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or steps below the first floor level, nor to unenclosed porches or other ground level
projections not over one (1) story in height which may extend into a rear yard not
Page 94
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more than twelve (12) feet or into a side yard not more than eight (8) feet, but not
nearer than twenty (20) feet from a rear line or not nearer than seven (7) feet from
a side boundary, nor to cornices not exceeding twenty-four (24) inches in width in-
cluding the gutter.
Section 18. 29 Yards; Use. No part of any required yard, except a rear
yard, shall be used for any detached garage or any accessory building other than a
garage or for the storage of vehicles. Any portion of a lot in front of the front
building line shall be used for landscaping purposes only and nothing shall be placed
thereon except trees, shrubs, or items of similar nature and required driveways.
Notwithstanding the foregoing in any R-U-F or AG District, fences may be con-
structed in the front yard of any lot which complies in all respects with the lot
size regulations of one or the other of such districts, as the case may be; such
fences shall not, however, in any case, exceed thirty-six (36) inches in height nor
Law° be erected closer than twenty (20) feet to the front lot line.
Section 18. 30 Yard; Alley. Wherever there is a public alley at the rear of
a lot upon which the lot abuts for the full width, measurements of the depth of any
abutting rear yard required under this ordinance may be made to the center line of
such alley.
Section 18. 31 Lots; Use for Yards, Courts, Etc. No portion of a lot used
in complying with the provisions of this ordinance for yards, courts, lot area per
family or percentage of lot occupancy in connection with an existing or proposed
building or structure shall again be used as part of the lot required in connection
with any other building or structure existing or intended to exist at the same time.
Section 18. 32 Room Requirements. Any dwelling hereafter constructed
So or altered shall comply with the Housing Law of Michigan.
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`;
SiiSection 18. 33 Dwelling Size; One-Family. The minimum size of one-family
dwellings within the City, unless otherwise established and shown on the Zoning Map,
shall be as follows:
One Story Plan 1000 square feet of usable floor area
One and one-half (1-1/2)
Story Plan :
Ground Floor 800 square feet of usable floor area
Aggregate . 1100 square feet of usable floor area
Two Story Plan
Ground Floor 624 square feet of usable floor area
Aggregate . . 1200 square feet of usable floor area
Notwithstanding the foregoing provisions, Zones "A;' "B, " and "C" as shown on the
Zoning Map of the City of Livonia, are hereby established and shall determine the
minimum size of one-family dwellings within said zones. The following regulations
4
are hereby established for such zones and no building used as a one-family dwelling
1 shall be constructed except in accordance with the following schedule of regulations
which establish the minimum size of one-family dwellings within said respective
zones. The purpose and intent of establishing the following additional regulations
is to protect, stabilize and conserve property values in residential areas that are
substantially developed by providing a means to insure that such areas will con-
tinue to develop in a manner consistent with the trend and character of the already
existing building and development. Numbers contained in the schedule refer to the
minimum required usable floor area in square foot dimensions:
SCHEDULE
ZONES
DWELLING DESIGN A B C
One (1) Story Plan 1150 1300 1500
One and One-half (1-1 /2)
Story Plan:
r Ground Floor 850 900 950
Aggregate 1260 1400 1650
Sr Two (2) Story Plan:
Ground Floor 690 780 900
Aggregate 1380 1560 1800
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Section 18. 34 Dwelling Size; Two Family Dwellings. The minimum size of
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two family dwellings are hereby fixed as follows: Each living unit shall have not less
than eight hundred (800) square feet of usable floor area, all on one floor, which
shall not include common hall space or utility room space; provided, however, that
where a living unit occupies more than one (1) floor, the aggregate usable floor area
for the entire unit shall not be less than one thousand (1, 000) square feet.
Section 18. 35 Essential Services. Essential services shall be permitted
as authorized and regulated by law and other ordinances, it being the intention hereof
to exempt such essential services from the application of this ordinance.
Section 18. 36 Loading Space. On the same premises with every building
structure, cr part thereof, erected and occupied for manufacturing, storage, ware-
house purposes, department store, wholesale store, market, hotel, hospital,
mortuary, laundry, dry cleaning, or other uses similarly involving the receipt or
distribution of vehicles or materials or merchandise, there shall be provided and
maintained on the lot adequate space for standing, loading and unloading services in
order to avoid undue interferences with public use of the streets or alleys. Such
space, unless otherwise adequately provided for, shall include a ten (10) foot by
twenty-five (25) foot loading space, with fourteen (14) foot height clearance for
every twenty thousand (20, 000) square feet or fraction thereof in excess of three
thousand (3,000) square feet of building floor use or land use for above mentioned
purposes.
Section 18. 37 Off-Street Parking Requirements. In all zoning districts,
off-street parking facilities for the storage or parking of self-propelled motor
vehicles for the use of occupants, employees, and patrons of the buildings hereafter
erected, altered or extended after the effective date of this ordinance, shall be pro-
vided and maintained as herein prescribed.
(a) Each application for a building permit shall be accompanied
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41. by a drawing, to scale, showing the parking areas and spaces and parking
design and arrangement hereinafter required.
(b) Parking spaces shall be arranged for convenient use and with
a safe means of access thereto. Parking spaces shall be arranged limiting
vehicles entering and leaving the same to clearly marked and established
driveways and designed in a manner that will preclude automobiles from
going backward over any sidewalk, alley, public street or dedicated right-
of-way. Parking spaces not complying with the foregoing standards shall
not be counted toward satisfying the minimum parking space requirements.
(c) Loading space as required in Section 18. 36 shall not be con-
strued as supplying off-street parking space, nor shall required off-street
parking areas be used for either the storage or display of merchandise so
as to reduce the parking area below the required minimum.
(d) When units or measurements determining the number of required
parking spaces result in requirements of a fractional space, any fraction up
to and including one-half (1/2) shall be disregarded and fractions over one-
half (1/2) shall require one (1) parking space.
(e) Whenever a use requiring off-street parking is increased in
floor area, and such use is located in a building existing on or before the
effective date of this ordinance, additional parking space shall be provided
as set out below, not only for the addition to the building but for the original
building as well, in amounts hereafter specified for that use.
(f) For the purpose of this ordinance, "Floor Area, " in the case of
offices, merchandising or service types of uses, shall mean the gross floor
area used or intended to be used for services to the public as customers,
patrons, clients or patients or as tenants, including areas occupied for
fixtures and equipment used for display or sale of merchandise.
Page 98
(g) Off-street parking facilities for one or two family dwellings shall
401,
be located on the same lot or plot of ground as the building they are intended
to serve. The location of required off-street parking facilities for other than
one and two family dwellings shall be within three hundred (300) feet of the
building they are intended to serve, measured from the nearest point of the
off-street parking facilities and the nearest point of the building. Such
facilities for multiple dwelling, commercial and professional uses, in order
to insure their use as a parking area for the building they are intended to
serve, shall be located in a convenient and conspicuous position with
reference to such building. For this purpose, the area to the rear of the
building shall be considered as satisfying this requirement only when the
building is to have a heavily used public entrance in the rear.
(h) In the case of a use not specifically mentioned, the requirements
for off-street parking facilities for a similar use which is mentioned shall
apply.
(i) Nothing in this section shall be construed to prevent collective
provisions of off-street parking facilities for two or more buildings or uses,
provided collectively, such facilities shall not be less than the sum of the
requirements for the various individual uses computed separately in
accordance with the table.
(j) The amount of required off-street parking space for new uses or
buildings, additions thereto and additions to existing buildings as specified
above shall be determined in accordance with the schedule set forth in
Section 18. 38 of this ordinance and the space so required shall be stated
in the application for a building permit and shall be irrevocably reserved
for such use.
(k) The surfacing, drainage and maintenance of all off-street park-
ing space in any C-1, C-2, P, PS, R-E, ML, M-1 or M-2 district shall
Page 99
4ili conform to the provisions of Section 13.06 of this ordinance.
(1.) Where the parking facilities are not on the same premises as
the use to which they pertain or are under different ownership, or where
one parking facility services two or more uses, the City may require appro-
priate recordable legal instruments sufficient, if recorded, to give third
parties notice that the property is committed to use as parking facilities
under this section.
(m) Where any parking area adjoins an existing or proposed side-
walk, the applicant for a building permit shall cause to be erected safety
curbs on the private property to prevent autos from crossing the sidewalk.
(n) No land shall be used for parking purposes until the same is
approved by the Bureau of Inspection as in compliance with the provisions
of this ordinance and by the Police Department as to safety.
Section 18. 38. Off-Street Parking; Schedule. The following off-street
parking schedule is hereby established:
SCHEDULE
USE NUMBER OF MINIMUM PARKING
SPACES PER UNIT OF MEASURE
(1) One Family dwellings. Two (2) parking spaces for each
dwelling unit.
(2) Multiple dwellings or apartment houses. Two (2) parking spaces per dwell-
ing unit.
(3) Tourist homes and motels. One (1) parking space for each guest
or sleeping room in a tourist home;
one (1) parking space for each rental
unit in a motel; plus one (1)
additional space in each case for
the owner or manager and for each
employee.
416(4) Hospitals and sanitoriums.
One (1) parking space for each bed,
plus one (1) space for each staff or
visiting doctor, plus one (1) space
for each employee including nurses,
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CIL (5) Convalescent homes, nursing homes and One (1) parking space for each two
homes for the aged. (2) beds plus one (1) space for each
staff or visiting doctor, plus one (1)
space for each employee including
nurses.
(6) Orphanage or similar use. One (1) parking space for each ten
(10) beds plus one (1) space for each
employee.
(7) Hotels. One (1) parking space for each
guest room, plus one (1) additional
space for each employee.
(8) Fraternities, boarding and lodging houses. One (1) parking space for each
one (1) guest bedroom.
(9) Community centers, libraries, museums, Provide about each building an im-
post offices, etc. proved area which shall be sufficient
in size to provide adequate facilities
for parking and as approved by the
City Planning Commission.
l[ii; (10) Theaters (indoor) and auditoriums (other One (1) parking space for each
than incidental to schools), three (3) seats, plus additional
spaces equal in number to fifty (50)
per cent of the number of employees
of the theater.
(11) Churches, auditoriums incidental to One (1) parking space for each
schools. three (3) seats in the main assembly
unit.
(12) Schools. One (1) parking space for each em-
ployee (including teachers and ad-
ministrators) plus sufficient off-
street space for the safe and con-
venient loading and unloading of
students.
(13) Dance halls, assembly halls and ex- One (1) parking space for each
hibition halls without fixed seats, private fifty (50) square feet of floor area
and civic clubs. used for dancing or assembly.
(14) Stadiums and sports arenas. One (1) parking space for each
three (3) seats.
(15) Bowling alleys, pool and billiard rooms. Seven (7) parking spaces for each
alley and three (3) parking spaces
111
for each pool or billiard table.
Cul (16) Mortuaries or funeral homes. One (1) parking space for each
fifty (50) square feet of floor space
in the parlors or individual funeral
service rooms with a minimum of
seventy-five (75) parking spaces.
Page 10
(17) Establishments for sale and consumption
on the premises of alcoholic beverages,
food or refreshments:
(a) Where food or beverages are to be One (1) parking space for each
served and consumed inside said estab- two (2) seating spaces to be provided
lishments. within the proposed establishment,
plus one (1) parking space for each
employee if food or beverages are
to be served inside the establish-
ment.
(b) Where food or beverages are not One (1) parking space for each one
to be consumed inside said establish- hundred (100) square feet of floor
ment, not including drive-in restau- area, plus one (1) parking space for
rants. each employee.
(18) Medical or dental clinics. One (1) parking space for each
seventy-five (75) square feet of floor
area, plus one (1) parking space for
each employee and professional per-
son.
E (19) Furniture and appliance stores, personal One (1) parking space for each five
service shops, not including beauty par- hundred (500) square feet of floor
lors and barber shops, household equip- space.
ment or furniture repair shops, clothing
or shoe repair or service shops, hard-
ware stores, motor vehicle sales, whole-
sale stores and machinery sales.
(20) Beauty parlors and barber shops. One (1) parking space for each em-
ployee and/or beauty operator, plus
two (2) parking spaces for each
barber or beauty chair.
(21) All retail stores, except as otherwise One (1) parking space for each one
specified herein, hundred and fifty (150) square feet
of floor space.
(22) Banks, business or professional offices. One (1) parking space for each two
hundred (200) square feet of floor
area.
(23) Drive-in restaurants. An improved parking area shall be
provided at least nine (9) times as
large in area as the usable floor
area of the principal building to be
erected and in every case sufficient
in size to provide for the parking of
all automobiles used by patrons and
employees.
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(it (24) Industrial establishments, including Provide about each industrial build-
manufacturing, research and testing ing, buildings or use, an improved
laboratories, creameries, bottling area, including no more than fifty
works, printing and engraving shops, (50) per cent of the front yard,
warehouses and storage buildings. which shall be sufficient in size to
provide adequate facilities for the
parking of automobiles and other
motor vehicles used by the firm or
employees or persons doing business
therein, such space shall not be less
than one (1) parking space for each
employee computed on the basis of
the greatest number of persons to
be employed at any one period dur-
ing the day or night.
Section 18. 39 Off-Street--Parking; Study and Report. The City Planning Com-
mission shall make studies of the various areas in the City of Livonia for the purpose
of determining areas within which there is need for the establishment of off-street
parking facilities to be provided by the City of Livonia and to be financed wholly or
in part by a special assessment district, or by other means, where such need is
found. This study and report shall include recommendations on the site, location
and other pertinent features of the proposed off-street parking facilities and the area
they should be intended to serve. Wherever, pursuant to such recommendations, the
City Council shall establish off-street parking facilities by means of a special assess-
ment district or by any other means, it may also determine, upon completion and
acceptance of such off-street parking facilities by the City, all existing buildings and
uses and all buildings erected or uses established thereafter within the special
assessment district, or districts which shall be exempt from the requirements of
this section for privately supplied off-street parking facilities.
Section 18. 4t Off-Street Parking; Establishment of Facilities. In all districts
where off-street parking facilities are a permitted use as an adjunct to business and
446, such facilities provide a service to the patrons or customers patronizing such
businesses, such off-street parking lots shall be established and maintained as pre-
scribed by Sections 13. 05 to 13. 09, inclusive, of this ordinance.
Page 10�
3
41116 Section 18. 41 Heights; Public, Qaasi-Public and Major Business Buildings. The
height of public or semi-public buildings, churches, cathedrals, temples, hospitals,
sanitariums or school and major business buildings when developed as a part of a
complete shopping center, shall not in any case exceed fifty-five (55) feet. If the
height of any such building which is a part of a shopping center exceeds the height
allowed in the district concerned, then any such building shall be set back from all
lot lines not less than one (1) foot in addition to the required yard dimensions for each
foot such buildings exceed the height allowed in the district concerned.
Section 18. 42 Height; Items Not Included. Chimneys, cooling towers, elevator
bulkheads, fire towers, grain elevators, silos, penthouses, stacks, stage towers,
or scenery lofts, sugar refineries, tanks, water towers, pumping towers, radio
towers, television antenna, church steeples, monuments, cupolas, and mechanical
appurtenances, including signs, pertaining to and necessary to the permitted use of
the district in which they are located, shall not be included in calculating the height
of the principal structure; provided, however, that in residentially zoned districts,
radio towers for licensed amateur radio stations, for which a building permit is
required to be obtained, shall not exceed seventy-five (75) feet in height above the
established grade.
Section 18. 43 Height; Parapet Walls. Parapet walls may extend not more than
five (5) feet above the allowable height of a building.
Section 18. 44 Height; Public Buildings; Utilities. The City Planning Commission
may permit the erection and use of a building or an addition to an existing building
which is publicly owned or owned by a public service corporation to be used for a
irpublic use or for public utility purposes, in any permitted district to a greater height
chi; or of larger area than the district requirements herein established, and permit the
location in any use district of a public building or a public utility building, structure
or use, provided the City Planning Commission shall find such use, height, area,
Page 104
Lis building or structure reasonably necessary for the public convenience and service;
and, provided further, that such building, structure or use is designed, erected and
landscaped to conform harmoniously with the general architecture and plan of such
district.
Section 18. 45 Protective Wall; Required.
(a) Notwithstanding other provisions of this ordinance, where off-street
parking areas, P Districts, PS Districts, R-E Districts, C-1 Districts, C-2
Districts, M- L Districts, M=1 Districts or M-2 Districts adjoin or are contiguous
to any residential district or districts, whether or not said residential district has
been developed, the owner of the commercial, professional or industrial land shall
provide and construct either a continuous, unpierced and reinforced poured concrete
[ or concrete block wall, a hardburned brick wall or a steel formed precast concrete
wall. The protective wall shall be at least five (5) feet and not more than seven (7)
feet in height to adequately screen such parking, professional, commercial or
industrial districts from abutting residential districts. The height of such wall shall
be measured from the surface of the parking, professional, commercial or industrial
property. It shall be constructed on the easement line, if an easement exists; if no
easement exists, then on the lot line between the parking area or the professional,
commercial or industrial property and the abutting residential district; provided,
however, that where the construction of such wall on an easement line will work a
hardship on a particular property owner because of the peculiar location and size
of the easement or for any other special circumstance, this location requirement
may be modified by the City Engineer. All plans and specifications for a protective
wall shall be submitted to the Engineering Division of the Department of Public Works
for approval and thereafter the wall shall be constructed in strict accordance with
the approved plans and specifications and the requirements of that department. The
construction of such wall shall not be commenced until a building permit therefor
has been secured from the Bureau of Inspection. It shall be the responsibility of the
Page 105
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41. owner of the professional, commercial or industrial property or parking area to
maintain the wall in a state of good repair and to keep the area, between the wall and
property line of the professional, commercial or industrial property or parking area,
free and clear of any debris, trash, weeds and waste of any material and at all times
to keep such area in a neat, clean and orderly fashion. Notwithstanding the above,
where a building to be located in a PS District is to be and is constructed with an
essentially residential appearance or the construction is exclusively of nonmaintenance
type materials on all sides, then and in such cases only the requirement of a protective
wall may be waived and a greenbelt substituted therefor by the Board of Appeals, upon
application by the owner,, , after public hearing.
(b) The erection of the protective wall as required by this section shall be
Iia condition precedent to the issuance of a certificate of occupancy for any building
constructed on that particular professional, commercial or industrial property.
Where the owner or applicant can satisfy the Bureau of Inspection that it is impossible
or impracticable to construct the wall before the professional, commercial or
industrial building is completed, he may comply with this condition precedent by
filing a cash bond with the City Clerk in an amount equal to Twelve Dollars ($12. 00)
per lineal foot of wall required, and by executing an affidavit agreeing to erect the
wall on or before a date certain, which in no case shall exceed six (6) months from
the date of the affidavit. In those cases where a bond and affidavit are deposited, if
the required wall has not been satisfactorily erected within ninety (91 ) days after the
date of the affidavit or before the date fixed in the affidavit, whichever is the later,
the City shall have the right to forfeit the cash bond and use the proceeds thereof to
erect, or cause to be erected the required protective wall. .Any balance remaining
shall thereafter be refunded to the depositor of the bond.
Section 18. 46 Division or Partitioning of Lots. No lot shall hereafter be
partitioned or divided where such partitioning or division results in any portion so
partitioned or divided violating the requirements of this ordinance relating to minimum
Page 106
yards, other open areas, minimum lot width, area or depth, percentage of lot
coverage, required parking spaces or loading spaces applicable to the said lot or
any lot created. Upon petition by the owner of a parcel of land platted and identified
as a single unit on a plat officially approved, the C ity Council may approve the
division of the said parcel in accordance with Act 172 of the Public Acts of 1929 of
the State of Michigan, as amended, provided a finding can be and is made that the
said division or partitioning of the lot will not be contrary to the spirit and purpose
of this ordinance.
Section 18. 47 Buildings in Civic Center Vicinity. No building shall be
erected within three hundred (300) feet of the Civic Center property and fronting on
the east side of Farmington-Road or the south side of Five Mile Road, unless such
building is first approved by the City Planning Commission. The Commission shall
only approve such a building if it determines that its height, setback, landscaping
and general architecture is in substantial harmony with the Civic Center property
and the buildings erected and to be erected thereon. The Civic Center property re-
ferred to herein is that property owned by the City in the Northwest 1 /4 of Section 22
on which is situated publicly owned buildings.
Section 18. 48 Performance Standards for Industrial Uses. All uses per-
mitted in either ML, M-1 or M-2 Districts shall comply with the following table of
standards:
(a) Automatic Screw Machines. Where permitted in a district shall
only be operated with noise silencers and only when located more than two
hundred (200) feet from any residential zoned district.
(b) Stamping Machines, Punch Presses and Press Brakes. When
permitted in a district all such machines shall be placed on shock absorbing
446
mountings and on suitably reinforced concrete footings. No such machine
shall be loaded beyond the capacity prescribed by the manufacturer. No
such machine shall be operated less than two hundred (200) feet from any
Page 107
residential zoned district.
(c) Hot Forgings, Steam or Board Hammers. No such machine
shall be operated except in an M-2 District where located more than one
thousand (1, 000) feet from any residential zoned district and when
operations are located entirely within a masonry building on a suitably
reinforced concrete mat or to solid rock and mounted on shock absorbers
that reduce vibrations to a reasonable minimum.
(d) Sound Level Limitations. Noise decibles, as measured at the
street or property line shall not exceed sixty-five (65) decibles in an ML
District; seventy (70) decibles in an M-1 District; and seventy-five (75)
decibles in an M-2 District. All noise shall be muffled so as not to become
objectionable due to intermittence, beat frequency or shrillness.
(e) Smoke, Dust, Dirt and Fly Ash. Shall not exceed 0. 3 grains
per cubic foot of flue gas at stack temperature of 500 degrees Farenheit
and not to exceed fifty (50) per cent excess air and shall not be so unclean,
destructive, unhealthful or hazardous as to be detrimental to the public
health, safety or welfare nor shall visibility be impaired by the emission
of a haze which unduly impedes vision within apparent opaqueness equivolent
to No. 1 of the Ringlemann Chart.
(f) Glare and Heat. Glare and heat from arc welding, acetylene
torch cutting or similar processes shall be performed so as not to be seen
from any point beyond the outside of the property.
(g) Sewage Wastes.
(1) No wastes shall be discharged in the public sewer system
which is dangerous to the public health and safety.
(2) Acidity or alkalinity shall be neutralized to a pH of 7. 0
461.
as -a daily average on a volumetric basis, with a temporary variation
of pH 5. 0 to 10. 0.
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crieF
(3) Wastes shall contain no Cyanides and no Halogens, and
shall contain not more than 10 p. p. m. of the following gases:
Hydrogen Sulphide, Sulphur Dioxide and Nitrous Oxide.
(4) Wastes shall not contain any insoluable substances in ex-
cess of 10, 000 p.p. m. or exceed a daily average of 500 p.p. m. or
fail to pass a No. 8 Standard Sieve, or have a dimension greater
than one-half (1/2) inch.
(5) Wastes shall not have a chlorine demand greater than
15 p. p. m.
(6) Wastes shall not contain phenols in excess of . 005 p.p. m.
(7) Wastes shall not contain any grease or oil or any oily
substance in excess of 1-10 p.p. m. or exceed a daily average of
25 p. p. m.
(h) Radio-active Materials. Radio-active materials shall not be
emitted to exceed quantities established as safe by the U. S. Bureau of
Standards, or as amended from time to time.
Section 18. 49 Fences. Except as otherwise provided in this ordinance, no
fence, wall or similar structure shall be erected within the required front yard of
any residential district or lot. Shrubbery hedges located in any part of a front yard
along the exterior side lot line of a corner lot shall not exceed three (3) feet in height.
Section 18. 50 Signs. Signs may only be used in connection with a lawfully
established use and in such cases shall be located, erected, maintained, restricted
and regulated in accordance with the provisions of this section and the regulations
r. contained in Sections 18. 50A, 18. 50B, 18. 50C, 18. 50D, 18. 50E and 18. 50F.
Section 18. 50A Sign Regulations in Residential Districts. In any R-1, R-2,
R-3, R-4, R-5, R-U-F, or AG District, only the following signs may be displayed
either flatly against the surface of the building involved, or if erected separated, at
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41.F
least two (2) feet from any right-of-way line as shown on the Master Thoroughfare
Plan:
(1) Non-illuminated nameplates which shall not exceed one and
one-half (1-1/2) square feet in area, but there shall not be more than
one (1) such nameplate for each dwelling unit.
(2) One (1) temporary non-illuminated sign pertaining to the sale,
lease or rental of a single lot or parcel or building situated thereon, pro-
vided that the total area of such sign shall not exceed three (3) square
feet and shall be removed as soon as such premises are sold, leased
or rented.
(3) One (1) temporary announcement sign or permanent bulletin
board for each church not exceeding thirty-two (32) square feet in area
which may cnly be lighted with white non-flashing light so shielded that
it illuminates only the surface of the sign. •
(4) Temporary subdivision signs during the course of develop-
ment on parcels comprising one (1) acre or more according to the
following schedule:
Total Area
Land Size No. of Signs Maximum Sign
Over 1 but less than 6 acres 1 100 sq. feet
Over 6 but less than 20 acres 1 125 sq. feet
Over 20 but less than 40 acres 2 150 sq. feet
Over 40 acres 3 300 sq. feet
Provided such signs may only be lighted with white non-flashing light so
shielded that it illuminates only the surface of the sign and provided further,
that no such sign shall exceed twelve (12) feet in height above ground level,
4116. nor shall any such sign be maintained for more than eighteen (18) months
be approved for an additionalperiod bythe
(except that any sign may pp
Zoning Board of Appeals, after public hearing) and any such signs shall
Page 110
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be removed upon completicn of the subdivision and occupancy of the
buildings.
(5) Traffic directional signs (not including any advertising signs)
on auxiliary parking lots used in conjunction with an adjacent permitted
use, each of such signs not to exceed four (4) square feet when used to
indicate an entrance or exit, nor to exceed two (2) square feet when used
for other traffic or parking instructions within the lot.
(6) One (1) identification sign for each waiver use not to exceed
a total of six (6) square feet for each principal structure on the lot or
parcel which may only be lighted with white non-flashing light so shielded
that it illuminates only the surface of the sign.
(7) One (1) advertising sign for each permitted nonresidential use
in R-U-F and AG Districts not to exceed twenty (20) square feet in area,
which may only be lighted with white non-flashing light so shielded that
it illuminates only the surface of the sign.
(8) Identification signs for public buildings.
Section 18. 50B Sign Regulations for Two-Family Residential Districts. In
any R-6 District, only the following signs may be displayed either flatly against the
surface of the building involved or, if erected separately, at least twenty (20) feet
from any right-of-way line as shown on the Master Thoroughfare Plan:
(1) Any sign permitted in single family residential districts, as
permitted therein and subject to the regulations provided therefor.
(2) One (1) identification sign for each home occupation, tourist
home, boarding, rooming or lodging house not to exceed two (2) square
feet in total area and which may only be lighted with white non-flashing
411 light so shielded that it illuminates only the surface of the sign.
(3) One (1) identification sign for each hospital, not to exceed
fifty (50) square feet in area which may only be lighted with white
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41. non-flashing light so shielded that it illuminates only the surface of
the sign; except that the Zoning Board of Appeals, after a public hear-
ing, may authorize a larger sign with ample lighting for any hospital
providing more than sixty (60) patient accommodations.
Section 18. 50C Sign Regulations for Multiple Family Districts. In any
R-7 District only the following signs may be displayed either flatly against the sur-
face of the building involved or, if erected separately, at least thirty (30) feet
from any right-of-way line as shown on the Master Thoroughfare Plan :
(1) Any sign permitted in single or two-family residential
districts, as permitted therein and subject to the regulations pro-
vided therefor.
(2) One (1) identification sign for each principal structure; no
one sign shall exceed six (6) square feet in area and may only be lighted
with white non-flashing light so shielded that it illuminates only the sur-
face of the sign.
(3) One (1) identification sign for each apartment house, hotel
or multiple dwelling except that such sign shall not exceed eight (8)
square feet in area which may only be lighted with white non-flashing
light so shielded that it illuminates only the surface of the sign.
Section 18. 50D SignRegulationsfor Professional Service Districts. In
all Professional Service Districts only the following signs may be displayed either
flatly against the surface of the building involved or, if erected separately, at
T4least twenty-five (25) feet from any right-of-way line as shown on the Master
Thoroughfare Plan:
- (1) One (1) identification sign for each principal structure except
that no one sign shall exceed a total of ten (10) square feet in area and no
such sign to exceed ten (10) feet in height as measured from the ground
).
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level to the top of the sign which may only be lighted with white non-
flashing light so shielded that it illuminates only the surface of the sign.
(2) Traffic directicnal signs (not including any advertising signs)
on auxiliary parking lots used in conjunction with an adjacent permitted
use, each of such signs not to exceed four (4) square feet when used to
indicate an entrance or exit, nor to exceed two (2) square feet when used
for other traffic or parking instructions within the lot.
Section 18. 50E Sign Regulations in CommercialDistricts. In any C-1 or
C-2 District, except as hereinafter provided, only one (1) sign shall be permitted
for each separate business notwithstanding the size of the lot or parcel on which the
business building is located and such sign shall be limited in size to the are pro-
; vided in the schedule below.
Integrated shopping centers comprising two (2) or more acres, housed in
architecturally uniform buildings, sharing a common parking area, and under a
common owners iip or control shall be considered as a separate business for the
purpose of this section.
r
AREA SCHEDULE
Building Size Sign Setback
1-01-20' 20'-40' 40'-60' 60' ---
Sign
--Sign Area
0 - - 2000 sq. ft. 20 30 40 80
2000 -- 4000 sq. ft. 25 37. 5 50 100
4000 -- 6000 sq. ft. 30 45 60 120
6000 -- 1O,000 sq. ft. 40 60 80 160
to 10, 000 -- 30, 000 sq. ft. 60 90 120 240
30, 000 sq. ft. and over 120 180 240 400
Note: Figures indicate sign setback in lineal feet and sign area
in square feet. In determining the sign area of freestanding
letters, symbols, and devices, the building official shall multiply
the width times the height of each letter, symbol or device, and
Page II:
F
multiply this product by 125% and thereby compute a total area
fcr all signs, letters and symbds. The minimum setback for all
signs shall be ten (10) feet from the right-of-way line as shown
on the Master Thoroughfare Plan, except as hereinafter provided.
Exception No. 1. Any sign, the surface of which is attached to the building
wall or facade within the plane of the building or otherwise integrated into
the basic design of the building, shall not be included in the number of
signs permitted. Such surface attached signs in order to be included
within this exception shall not be installed on freestanding walls, pylons,
canopies, walkways, or similar appurtenant structures but must be attached
flatly to the surface of the building.
Exception No. 2 . Temporary "sandwich signs" shall not be included in
the number of signs permitted except that no more than three (3) such signs
shall be permitted at any one time in connection with any separate business
or on any one parcel. It shall be unlawful for any sign of this character to
be located within any right-of-way as shown on the Master Thoroughfare
Plan.
Exception No. 3. In the case of an integrated shopping center located at
the intersection of two (2) major thoroughfares, one (1) additional sign
may be erected in accordance with the above schedule.
Exception No. 4. In the case of gasoline service stations, because of the
unique nature and character of such business, the following requirements
are imposed. When determining the building size for the purpose of this
section, measurements shall be taken to include the area with the gasoline
pump islands. Where such a business is located at the intersection of
Cl/
two (2) business streets, one (1) additional sign may be erected.
Exception No. 5. When the required building setback is less than ten (10)
feet, then the sign shall be either on the face of the building or the sign
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setback shall be the same as the building setback but the area limitations
411i; shall apply as in the case of signs required to be set back 10-20 feet.
Nothing in this section shall prevent traffic directional signs (not including any
advertising sign) on auxiliary parking lots used in conjunction with an adjacent park-
ing lot, each of such signs not to exceed four (4) square feet in area when used to
indicate an entrance or exit, and not to exceed two (2) square feet each when used
for other traffic or parking instructions within the lot. All signs shall be of a
non-intermittent, non-flashing character and no sign erected under this section
shall exceed thirty-five (35) feet in height above grade. The Zoning Board of Appeals
shall have the authority to permit variances from the above requirements and
limitations, after a public hearing.
Section 18. 50F Sign Regulations for R-E and Industrial Districts. In any
R-E, ML, M-1 or M-2 District only the following signs may be displayed either
flatly against the surface of the building involved or, if erected separately, at least
fifty (50) feet from any right-of-way line as shown on the Master Thoroughfare Plan:
(1) One (1) identification sign for each principal structure,
the total sign area not to exceed one (1) square foot for each foot
of the frmt lot line included in the property on which the buildings
are located.
(2) Traffic directional signs (not including any advertising signs)
on auxiliary parking lots used in conjunction with an adjacent permitted
use, each of such signs not to exceed four (4) square feet when used to
indicate an entrance or exit, nor to exceed two (2) square feet when
used for other traffic or parking instructions within the lot.
I
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'LiARTICLE XIX
CITY PLANNING COMMISSION
Section 19. 0 1 Appointment and Duties. The City Planning Commission is
hereby appointed by the City Council to perform the duties of the Commission specified
in Section 4 of Act 207, Public Acts of Michigan of 1921, as amended; is hereby de-
signated as such Commission; and is authorized to perform such duties. The City
Planning Commission is hereby vested with all powers and duties given to a City
Planning Commission by the provisions of Act 285, Public Acts of Michigan of 1931,
as amended, tcgether with such other powers and duties as are given to such Com-
mission by the provisions of this ordinance, including authority to act on all matters
requiring the approval or action of such Commission.
Ei
Section 19. 02 Authority to Grant Waivers and Approve Uses. Wherever in
this ordinance the lawful exercise or existence of a use requires the granting of a
waiver or the approval of a conditional use by the City Planning Commission, such
Commission is hereby authorized and directed, upon application or petition by an
owner or property owners, to investigate the matters relating to the requested waiver
or use approval, to conduct a public hearing thereon, to make a determination, to
either grant or refuse the requested waiver or use approval, and to do all other
things reasonably necessary or incidental to the making of such investigation or
determination.
Section 19. 03 Applications and Petitions; Filing Fee. Each application for
Ta waiver or conditional use approval filed by an owner or property owners shall be
accompanied by a filing fee of Twenty-five Dollars ($25. 00); except that petitions
filed by a church or by church personnel relating to the use of property for tax
'' exempt church or church school purposes shall be exempt from such filing fee.
Page 116
(ht Section 19. 04 Applications and Petitions; Filing, Form and Contents.
All applications and petitions for waivers or use approvals shall be in writing, signed,
notarized and filed in triplicate with the City Clerk and, if in the proper form, shall
be immediately forwarded by the City Clerk to the City Planning Commission. All
such applications and petitions, without limiting the right to file additional material,
shall contain at least the following:
(a) The petitioner's name, address and interest in the petition,
as well as the name, address and interest of every person having a legal
or an equitable interest in the land covered by the petition.
(b) The waiver use or other use sought to be approved.
(c) A fully dimensional map showing:
(1) The land upon which the proposed use is to be located,
including the location of the use on such land and dimensions
k
indicating the front, side and rear setback lines to be maintained;
(2) The location and arrangement of parking areas and spaces;
(3) A legal description of the property to be considered;
(4) The zoning classification of the property together with
the zoning classification of all property located within five hundred
(500) feet of such property as measured from all of its property
lines;
(5) All public and private rights-of-way and easements bound-
ing and intersecting the land to be under consideration;
(6) All existing uses within five hundred (500) feet of any
property line of the property to be considered;
(7) Lot line dimensions;
(8) The area of the property; and
(9) All other circumstances, factors and reasons which the
applicant offers in support of the proposed use.
Page 117
(d) The applicant shall also furnish such other surveys, plans or
(1111
other information las may be reasonably required by the Commission for
the proper evaluation and consideration of the matter.
Section 19. 05 Hearings; Notice. Prior to conducting a hearing as required
in Section 19. 02, or by any other foregoing provision of this ordinance, the City
Planning Commission shall cause notice of such hearing to be given, in writing, at
least seven (7) days prior to the hearing, to the applicant or petitioner and likewise
to all persons to whom any real property shall be assessed within five hundred (500)
feet of the property which is the subject of the application or petition, as measured
from the lot lines of such property; such notice to be delivered personally or by
ordinary mail addressed to the respective persons at the addresses given in the
El current assessment roll, except where such notice is expressly waived in writing
by the person cr persons entitled thereto. In addition thereto, such notice shall be
published in the official newspaper designated by the City Council at least seven (7)
days prior to the hearing. Failure of any person to receive any notice required to
be sent under the provisions of this section shall not invalidate any such proceedings
provided that the notice has been given as required herein.
Section 19. 06 General Waiver Requirements and General Standards. Where
this ordinance empowers the City Planning Commission to grant waivers or approve
conditional uses and to make investigations and determinations in connection there-
with, the Commission shall grant the waiver or approve the use only if the Commis-
sion shall find, as a matter of fact, that the proposal complies with all of the special
requirements for the waiver or use sought to be approved and that the proposal,
whether it is for a waiver or use approval, complies with all of the following general
r
standards:
oot
(a) The proposed use must be of such location, size and character
that it will be in harmony with the appropriate and orderly development of
Page 118
4 the surrounding neighborhood.
(b) The location and size of the proposed use or uses, the nature
and intensity of the principal use and all accessory uses, the site layout
and its relation to streets giving access to it, shall be such that traffic
to and from the use and uses, and the assembly of persons in connection
therewith, will not be hazardous or inconvenient to the neighborhood nor
unduly conflict with the normal traffic of the neighborhood. In applying
this standard, the Commission shall consider, amongst other things:
convenient routes for pedestrian traffic, particularly of children; the
relationship of the proposed use to main traffic thoroughfares and to
streets and road intersections; vehicular turning movements in relation
to routes of traffic flow; location and access of off-street parking and
provisions for pedestrian traffic with particular provision to minimizing
child-vehicle contact in residential districts; and the general character
and intensity of the existing and potential development of the neighborhood.
(c) The location and height of buildings or structures and the
location, nature, and height of walls and fences must be such that the pro-
posed use will not have a detrimental effect upon the neighboring property
or the neighboring area in general, nor impair the value of neighboring
property, nor interfere with or discourage the appropriate development
and use of adjacent land or buildings or unreasonably affect their value.
(d) The standards of density and required open spaces for the
proposed use shall be at least equal to those required in the zoning district
111
in which the proposed use is to be located or at least equal to those pre-
scribed in the special requirements relating to the proposed use, which-
,; ever is the greater.
(e) The location, size, intensity, site layout and periods of
operation of any such proposed use must be designed to eliminate any
Page 119
possible nuisance likely to emanate therefrom which might be noxious to
the occupants of any other nearby permitted uses, whether by reason of
dust, noise, fumes, vibration, smoke or lights.
(f) The proposed use must comply in every respect with the special
requirements and regulations provided for such use.
(g) The proposed use must provide for proper yard space, parking
facilities, loading space, percentage of lot coverage, protective walls, size
of buildings, lot area and width and other requirements of this ordinance.
(h) The proposed use must be in accord with the spirit and purpose
of this ordinance and not be inconsistent with or contrary to the objectives
sought to be accomplished by this ordinance and principals of sound planning.
he Commission, in acting on any request for waiver or approval of a conditional use,
tray attach any conditions to its approval which it determines as necessary to accom-
lish the reasonable application of the special requirements and the foregoing standards.
Section 19.07 Determination. Each determination or recommendation made
by the City Planning Commission under the provisions of this ordinance shall be in the
form of a resolution, copies of which shall be furnished to any party in interest on
request.
Section 19. 08 Appeal to City Council; Hearing and Notice. Any applicant
or petitioner aggrieved by the determination of the City Planning Commission in
relation to any application or petition for a waiver or conditional use approval, except
waivers for Open Space Planned Residential Developments, may file an appeal with
the City Council from such determination. Such appeal must be filed with the City
clerk, in writing, no more than ten (10) days from the Commission's determination
Ind shall specify the grounds thereof. Upon receiving such an appeal, the City Clerk
shall immediately forward the same to the City Council. The City Council shall there-
after fix a reasonable time for a hearing of the appeal and the City Clerk shall give
Page 120
I(brai
due notice of such hearing and the date thereof in the same manner and to the same
extent as was given prior to the hearing before the Commission. The City Council
shall make a determination of the appeal by resolution and such determination shall
be final.
Section 19.-09 Rules of Procedure. The City Planning Commission is hereby
authorized to make rules of procedure consistent with the statutes of Michigan and
the provisions of this ordinance.
Section 19. 10 Waiver or Use Approval; Limitation. Whenever the Com-
mission or City Council grants a waiver or approves of a conditional use upon original
application or appeal, such waiver or approval shall continue and be valid for a period
of one (1) year only from the date of such action. If the applicant does not obtain a
permit and commence construction within that period or obtain an extension
: building
of time, the waiver or use approval shall be deemed void at the expiration of said
period. Waivers and use approvals granted to applicants shall be construed as running
with the land and shall not be transferable or assignable.
ARTICLE XX
SPECIAL WAIVER USE STANDARDS FOR
OPEN SPACE PLANNED RESIDENTIAL DEVELOPMENTS
Section 20. 01 Statement of Intent. The intent of this article is to provide,
in the case of Open Space Planned Residential Developments, an added degree of
flexibility inthe placement, bulk and interrelationship of the buildings and uses within
the planned project, and the implementation of new design,concepts, while at the same
maintaining the over-all intensity of land use, density of population and amounts
rtime s
of light, air, access and required open space as specified in this ordinance for the
zoning district in which the planned project is to be located. The City Council does
hereby determine that the several district regulations pertaining to intensity of land
Page 121
use, density of population and required open space are the minimum requirements
for the promotion and protection of the public health, safety and welfare. Nothing
in this article is intended to allow uses other than those specified as permitted in
the particular zoning district, nor a greater density of population, nor less open
space than that which is specified in this ordinance for the zoning district in which
a proposed open space planned residential development is or is to be located.
Section 20. 02 Authority to Grant Waiver for Open Space Planned Residential
Development. Subject to the foregoing statement of intent, and with regard to land
located in a zoning district where such use is listed as a waiver use, the Planning
Commission may grant a waiver authorizing an Open Space Planned Residential
Development but only after notice and hearing in the manner provided for other waivers
E and subject to all other provisions of this article, and the City Planning Commission
may,in the case of planned projects, allow for modification of the provisions of this
ordinance.
Section 20. 03 Application for Waiver for Open Space Planned Residential
Development. The owner or owners of any tract of land comprising an area of not
less than twenty (20) acres may submit to the City Planning Commission an appli-
cation for a waiver to use and develop the entire tract in a manner not consistent
with regular or conventional street and lot patterns. The application shall be made
and filed in triplicate with the City Planning Commission and shall either contain or
be accompanied by the following:
(a) A legal description of the property under consideration, which
also shows that such property is at least twenty (20) acres in area.
(b) The existing zoning classification of the property.
(c) A fully dimensional map of the land showing topographic
information at a contour interval of not less than two (2) feet.
(d) A development plan (site plan) showing the location of all exist-
ing and proposed principal and accessory buildings and structures, parking
=E
Page 122
areas, driveways, buffer strips, distances between buildings and between
buildings and lot lines, setback lines, all open spaces to be dedicated for
parks, recreation, light and air, etc. , and also showing the location and
design of all lots to be subdivided and the dimensions of all lot lines.
(e) A vicinity map showing the location of the site in relation to
surrounding properties, streets, parks, schools, school sites, etc.
(f) Architectural sketches, at an appropriate scale, showing
building heights, elevations, etc.
(g) A declaration of private restrictions to be imposed upon the
property after it is subdivided to insure that the planned character and use
of the project will be preserved and protected.
Section 20. 04 Action by Planning Commission. After a study of the appli-
cation for a planned project, the Planning Commission shall make a determination
based upon the following standards:
(a) The proposed use or uses shall be of such location, size and
character as to be in harmony with the appropriate and orderly develop-
ment of the zoning district in which situated and shall not be detrimental
to the orderly development of adjacent zoning districts.
(b) The location and size of the proposed use or uses, the nature
and intensity of the principal use and all accessory uses, the site layout
and its relation to streets giving access to it, shall be such that traffic
to and from the use or uses, and the assembly of persons in connection
therewith, will not be hazardous or inconvenient to the neighborhood nor
conflict with the normal traffic of the neighborhood. In applying this
rstandard, the Commission shall consider, among other things: convenient
41110 routes for pedestrian traffic, particularly of children; the relationship
of the proposed project to main traffic thoroughfares and to street and
road intersections; and, the general character and intensity of the existing
Page 123
and potential development of the neighborhood. In addition, where appro-
priate, the Commission shall determine that noise, vibration, odor, light,
glare, heat, electromagnetic or radioactive radiation, or other external
effects, from any source whatsoever which is connected with the proposed
use, will not have a detrimental effect upon neighboring property or the
neighboring area in general.
(c) The location and height of buildings, the location and nature
and height of walls and fences, and the nature and extent of landscaping
of the site shall be such that they will not hinder or discourage the proper
development and use of adjacent land and buildings nor impair the value
thereof.
(d) The standards of density and required open space in the pro-
posed project are at least equal to those required by this ordinance in
the zoning district in which the proposed project is to be located.
(e) There shall be no uses within the proposed project which are
not permitted uses in the zoning district in which the proposed project
is to be located.
The Commission may require such changes or modifications in the site plan as are
needed to achieve conformity to the standards as herein specified. Upon the finding
by the Commission that all of the standards as herein specified have been met, it
may approve the project and the requested minor modifications to the provisions of
this ordinance, if any, and recommend approval of the same to the City Council. It
shall also, where it deems appropriate and necessary, recommend to the City Council
those conditions to be imposed upon the project, its operation, or both, that are
needed to assure adherence to the aforesaid standards.
Section 20.05 Conditions Upon which Waiver is Granted. Any waiver
granted to authorize such a planned project shall in every case be subject to the
rPage 124
following express conditions:
(a) Immediately after waiver approval by the City Planning
Commission, the applicant shall submit the proposal to the City Council
and obtain its concurrence in the waiver; unless the approval of the City
Council is obtained, the City Planning Commission's approval shall not
be effective; if the City Council rejects, then the action of the City
Planning Commission shall be deemed null and void.
(b) The owner or owners shall thereafter submit proposed and
final plats for the planned open space development for approval as in
the case of other subdivision plats and in compliance with all ordinances
and regulations pertaining to the procedures and requirements for the
approval of plats except to the extent that such requirements have been
waived or modified by the City Planning Commission and City Council.
i
(c) Such plats shall be in strict conformity with the approved
waiver, the conditions attached thereto, the development plan submitted
with the waiver, and the provisions of this article.
(d) Appropriate private deed restrictions shall be submitted to
the City in recordable form sufficient to assure the use and development
of the planned project in accordance with the waiver, development plan
and the provisions of this article.
(e) The development plan shall be incorporated into such deed
restrictions and recorded with the Register of Deeds and Bureau of
Inspection and all building shall thereafter be in accordance with the
development plan and the setback lines shown thereon.
Section 20.06 Public Improvements within Planned Project. Theapplicant
�
CILfor a waiver to authorize an open space planned residential development may apply
to the City Council for a modification of the nature and extent of public improve-
ments required to be installed in new subdivisions. The City Council may in its
Page 125
(poi discretion relieve the applicant from installing public improvements as would other-
wise be required to the extent that it determines such improvements to be unnecessary
within the planned project. In the event of such a determination, the City Council
shall incorporate the same in its resolution granting the waiver for the planned pro-
ject.
ARTICLE XXI
ZONING BOARD OF APPEALS
Section 21. 01 Creation of Board. A Board of Appeals consisting of six (6)
members is hereby created pursuant to the provisions of Section 5, Act 207, Public
Acts of Michigan of 1921, as amended, Said board shall be known as the Zoning
Board of Appeals.
1
Section 21.02 Appointment of Members. The members of the Zoning
Board of Appeals shall be appointed by the City Council; provided, however, that
those persons who are acting as members of the Board of Appeals under the pro-
visions of Ordinance No. 60, as amended, of the City of Livonia, having been duly
appointed as members of such Board by the City Council, and who are so acting
immediately prior to the time this ordinance becomes effective, shall automatically
become members of the Zoning Board of Appeals created under the provisions of
Section 21.01 of this ordinance, are hereby appointed as such at the time this
ordinance becomes effective, and shall hold their respective offices for respective
periods of time equivalent to their respective unexpired terms as members of the
Board of Appeals, created under the provisions of Ordinance No. 60, as amended.
0 Each member ofthe ZoningBoard of
Section 21. 3 Term of Office. e
Appeals shall be appointed for a term of three (3) years; provided, however, that
the first members of such Board to be appointed shall hold their respective offices
for the period provided in Section 21. 02 of this ordinance; and thereafter two (2)
Page 126
,.... members shall be appointed each year, each for the full three (3) year term.
Section 21. 04 Officers. The Zoning Board of Appeals shall annually elect
from among its members a Chairman, Vice-Chairman, Secretary and such other
officers as it may determine, who shall each hold office for one (1) year and until
his successor is duly elected.
Section 21. 05 Compensation. Each member of the Zoning Board of Appeals
shall receive Five Dollars ($5. 00) for attendance at each regular meeting of the
Board and Ten Dollars ($10. 00) for attendance at each special meeting of the Board;
provided, however, that no member shall receive more than Two Hundred Dollars
($200.00) in any one year.
Section 21.06 Powers of Board. The Zoning Board of Appeals shall have all
powers and authority granted by State Law together with such other powers and duties
as are given to such Board by the provisions of this ordinance, including the following
specific powers:
(1) Administrative Review: To hear and decide appeals where it
is alleged by the applicant that there is an error in any order, require-
ment, permit, decision, or refusal made by the building official or any
other administrative official in enforcing the provisions of this ordinance.
(2) Variances: To authorize, upon an appeal filed by the legal or
equitable owner of property, a variance from the strict application of the
provisions cf this ordinance where existing conditions or factors would
result, by strict application of the provisions of this ordinance, in peculiar
or exceptional practical difficulties to, or exceptional or undue hardship
rupon, the owner of such property, provided that such relief may be granted
ctio
without substantial detriment to the public good and without substantially
impairing the intent and purpose of this ordinance. In granting a variance,
the Zoning Board of Appeals may attach thereto such condition regarding
:._4 Page 127
the location, character, and other features of the proposed building,
structure, or use as it may deem reasonable. Compliance with such
corriitions shall be a prerequisite to the issuance of a Certificate of Com-
pliance or Occupancy and the violation of any such condition shall be deemed
a violation of this ordinance.
(3) Other Powers:
(a) In those cases where a district boundary line divides a lot
of record, the Board shall have the power to permit the extension
of a use permitted on the less restricted portion of such a lot to
that portion of said lot which lies in the more restricted district,
provided that such extension shall be made for a distance of not to
exceed fifty (50) feet beyond the district boundary line in any case.
(b) The Board shall also have the authority to hear and decide
all matters referred to it or upon which such Board is required to
pass under this ordinance, including the power to reverse, affirm,
in whole or in part, or modify the order, requirement, decision or
determination appealed from and may make such order, requirement,
decision or determination as in its opinion ought to be made in the
premises, and to that end shall have all the powers of the officer
from whom the appeal is taken.
(4) Rules: To adopt and enforce rules of procedure consistent with
the statutes of the State of Michigan, the Charter of the City of Livonia and
the provisions of this ordinance.
Section 21. 07 Application of Variance Power, No variance in the application
'f the provisions of this ordinance shall be allowed by the Zoning Board of Appeals
relating to buildings, land or premises now existing or to be constructed, except in
cases involving practical difficulties or unnecessary hardships when the evidence
in the official record of the appeal from a decision or order of the building official
Page 128
Lao supports the following affirmative findings:
(a) That the alleged hardships and practical difficulties, or both,
are exceptional and peculiar to the property of the person requesting the
variance, and result from conditions which do not exist generally through-
out the City.
(b) That the alleged hardships and practical difficulties, or both,
which will result from a failure to grant the variance, include substantially
more than mere inconvenience, inability to attain a higher financial return,
or both.
(c) That allowing the variance will result in substantial justice being
done, considering the public benefits intended to be secured by this ordinance,
the individual hardships that will be suffered by a failure of the Board to
grant a variance, and the rights of others whose property would be affected
E by the allowance of the variance.
(d) That the variance, if granted, will not adversely affect the pur-
pose or objectives of the Master Plan of the City of Livonia.
The above findings of fact shall be made by the Zoning Board of Appeals which is not
empowered to grant a variance without an affirmative finding of fact on the categories
above.
Section 21.08 Limitations on the"Powers of the Zoning Board of Appeals.
Every decision of the Zoning Board of Appeals shall be based upon finding of fact and
every finding of fact shall be supported in the record of the proceedings of the Board.
Nothing contained herein shall be construed to empower the Zoning Board of Appeals
to change the terms of this ordinance, to effect changes in the Zoning Map, or to
add to the uses permitted in any zoning district.
Section 21. 09 Appeal Procedure.
(a) Notice of Appeal. An appeal may be taken by any person aggrieved or
IPage 129
410.0 by an officer, department, board, or bureau of the City of Livonia. Such appeal
shall be taken within such time as shall be prescribed by the Board of Appeals by
rule, by the filing with the officer from whom the appeal is taken and with such Board
of a notice of appeal specifying the grounds thereof. The officer from whom the
appeal is taken shall forthwith transmit to the Board, all the papers constituting the
record upon which the action appealed from was taken.
(b) Stay of Proceedings. An appeal stays all proceedings in furtherance
of the action appealed from unless the officer from whom the appeal is taken certifies
to the Board of Appeals, after the notice of appeal shall have been filed with him,
that by reason of facts stated in the certificate, a stay would in his opinion cause
imminent peril to life or property, in which case proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the Board or by the
Circuit Court cn application, on notice to such officer, and on due cause shown.
(c) Hearing on Appeal. The Board of Appeals shall fix a reasonable time
for the hearing of an appeal and give due notice thereof to all persons to whom any
real property within three hundred (300) feet of the premises in question shall be
assessed, such notice to be delivered personally or by mail addressed to the
respective persons at the address given in the last assessment roll, and shall decide
the same within a reasonable time. Upon the hearing, any party may appear in per-
son or by agent or attorney.
(d) Official Record of Appeal. The Board of Appeals shall prepare an
official record for each appeal and shall base its decision on this record. The
official record shall include:
1. The relevant administrative records and the administrative
I: orders issued thereon relating to the appeal.
2. The notice of appeal.
Soo 3. Such documents, exhibits, photographs, or written reports
as may be submitted to the Board for its consideration.
IPage 130
Le0 (e) Determination of Appeal. The concurring vote of two-thirds (2/3) of
the members of the Board of Appeals shall be necessary to reverse any order, re-
quirement, decision or determination of any administrative official, or to decide
in favor of the applicant any matter upon which the Board is required to pass under
this ordinance or to effect any variation of this ordinance. The decision of such
Board shall not become final until the expiration of five (5) days from the date of
entry of such order unless the Board shall find the immediate effect of such order
is necessary f r the preservation of property or personal rights and shall so certify
on the record.
(f) Recording of Determination. The requisite written findings of fact,
the conditions attached, and the decisions and orders by the Board in disposing of
the appeal shall be entered into the official record after they have been authenticated
by the signature of the chairman of the Board and after written notice of the dis-
position of the appeal has been served, either in person or by mail, upon the parties
to the appeal, the building official, and the city clerk. The completed official records
of appeals shall be filed in the Bureau of Inspection.
Section 21. 10 Filing Fees. Each application for appeal shall be given a
number and shall be accompanied by a filing fee of Twenty-five Dollars ($25. 00). In
the event an applicant requests and is granted, a special meeting on an application,
then the filing fee shall be One Hundred Dollars ($100. 00).
Section 21. 11 Meetings and Records of Board. At least one (1) regular
-meeting shall be held each month by the Board of Appeals, as provided in the rules
of the Board. Special meetings may be called by the chairman or any three (3) mem-
fibers. All regular meetings and all hearings shall be public. The Board shall keep
minutes of its meetings, which shall be a public record. The chairman, or in his
ciiiabsence, the vice-chairman may administer oaths and compel the attendance of
witnesses.
Page 131
LO Section 21. 12 Pending Matters. All petitions, appeals and other matters
pending at the time this ordinance becomes effective, before the Board of Appeals,
created and existing under the provisicns of Ordinance No. 60 of the City of Livonia,
shall continue before the Board of Appeals, created by Section 21. 01 of this ordinance,
and said Board shall hear, determine and dispose of such petitions, appeals and other
matters with the same effect as if such petitions, appeals and other matters had been
duly filed with said Board of Appeals.
ARTICLE XXII
ADMINISTRATION
Section 22.01 Administration and Enforcement. The Bureau of Inspection
shall administer the provisions of this ordinance, and shall enforce such provisions
[
with the assistance of the Police Department.
Section 22. 02 Zoning Compliance Permit Required. It shall be unlawful to
begin the excavation for the construction, the moving, alteration, or repair, except
ordinary repairs, of any building or other structure, including an accessory structure,
costing more than One Hundred Dollars ($100.00) or exceeding one hundred (100)
square feet in area until the building official has issued a building permit for such
work and a Zoning Compliance Permit which includes a certification of his deter-
mination that plans, specifications, and the intended use for such structure do, in all
respects, conform to the provisions of this ordinance. Also, it shall be unlawful to
change the type of use of land, or to change the type of use or type of occupancy of
any building, or to extend any use on any lot on which there is a nonconforming use,
until the building official has issued for such intended use a Zoning Compliance
Permit, including a certification of his determination that the proposed new use does,
iri in all respects, conform to the provisions of this ordinance. In all cases where a
building permit is required, application for a Zoning Compliance Permit shall be
Page 132
-- made coincidentally with the application for a building permit; in all other cases,
it shall be made prior to that date when a new or enlarged use of a building or pre-
mises or part thereof is intended to begin. All Zoning Compliance Permit appli-
cations shall be made in writing to the building official on forms provided for that
purpose. The Zoning Compliance Permit may be incorporated as a part of the
building permit form and issued simultaneously with the issuance of the building
permit, or it may be issued separately.
Section 22. 03 Duties and Limitations of the Building Official,
(a) The building official shall have the power to grant zoning compliance
permits and certificates of occupancy and to make inspections of buildings or pre-
mises necessary to carry out his duties in the enforcement of this ordinance.
(b) Every application for a zoning compliance permit for excavation,
construction, moving, alteration, or change in type of use or type of occupancy,
shall be accompanied by a written statement and plans or plats, drawn to scale,
showing the following in sufficient detail to enable the building official to ascertain
whether the proposed work or use is in conformance with the provisions of this
ordinance.
(1) The actual shape, location, and dimensions of the lot; if the
lot is not a lot of record, sufficient survey data to locate the lot on the
ground.
(2) The shape, size, and location of all buildings, or other
structures, to be erected, altered or moved, and of any other buildings,
or other structures, already on the lot.
(3) The existing and intended use of the lot and of all structures
upon it.
(4) Such other information concerning the lot, adjoining lots, or
other matters as may be essential for determining whether the provisions
of this ordinance are being observed.
Page 133
160010 (c) If the proposed excavation, construction, moving, alteration or use of
land as set forth in the application are in conformity with the provisions of this
ordinance, the building official shall issue a zoning compliance permit, however:
(1) Issuance of a zoning compliance permit shall in no case be
construed as waiving any provision of this ordinance.
(2) The building official under no circumstances is permitted to
grant exceptions to the actual meaning of any clause, order, or regulation
contained in this ordinance to any person making application to excavate,
construct, move, alter, or use either buildings, structures or land.
(3) The building official under no circumstances is permitted to
make changes to this ordinance or to vary the terms of this ordinance in
carrying out his duties as building official.
(4) The zoning compliance permit shall be in addition to any build-
ing permit or other permits specifically required to be obtained by this
ordinance and shall be in addition to all permits required to be obtained by
the Building Code ordinances of the City.
(5) The building official shall issue a permit when the imposed
conditions of this ordinance are complied with by the applicant.
(6) If any application for such permit is not approved, the building
official shall state in writing the cause for such disapproval.
Section 22. 04 Permit Fees. No zoning compliance permit shall be issued
under the provisims of this ordinance until there shall have been paid to the City
Treasurer a separate permit fee therefor in accordance with the schedule hereby
established as follows:
(a) For each zoning compliance permit issued involving land
e or buildings located in R-1 through R-5, R-6, R-7, R-U-F and AG
Districts Two Dollars ($2. 00)
(b) For each zoning compliance permit issued involving land
A
1
Page 134
LINO or buildings located in C-1, C-2, PS and P
Districts Seven Dollars ($7. 00)
(c) For each zoning compliance permit issued
involving land or buildings located in R-E, ML, M-1
and M-2 Districts Fifteen Dollars ($15. 00)
(d) For all other permits, such fees as may otherwise
specifically be fixed by this ordinance or by resolution of
the City Council.
Section 22. 05 Duration of Permit. Any zoning compliance permit issued
under the provisions of this ordinance shall be valid for a period of six (6) months
from the date ice the issuance thereof, unless revoked prior to the termination of
such six (6) month period.
Section 22. 06 Revocation of Permit. Any permit issued under the pro-
visions of this ordinance may be revoked by the Bureau of Inspection at any time
whenever the holder thereof;
(a) shall have made any false or fraudulent statement in the
application for such permit or in the exercise of such permit;
(b) shall have violated any of the provisions of this ordinance;
(c) shall have failed to satisfy the requirements of this ordinance
or of any rules adopted pursuant thereto; or
(d) shall have caused, created or maintained, in the exercise
of such permit, a menace or danger to the public health, safety or welfare.
Section 22. 07 Inspection. It shall be the duty of the holder of every zoning
compliance permit, building permit, or other permit to notify the Bureau of In-
t'4
spection, in writing, of the time when such building or premises will be ready for
inspection. In addition to inspections required by other ordinances of the City, at
least two (2) such inspections shall be requested on all buildings. The first of these
Page 135
Line inspections shall be requested when excavation for foundations has been completed,
P ,
and the seccnd inspection shall be requested when the building is completed. In the
case of sheds and garages, having an area of less than eight hundred (800) square
feet, only one (1) inspection by the Bureau of Inspection shall be required, which
inspection shall be requested as soon as wall studs are in place. Failure to notify
the Bureau of Inspection of the time of such inspection shall automatically cancel
all permits, and before re-issuing any of such permits, the Bureau of Inspection
may require the payment of a second fee. A notice to call the attention of the holders
of permits to the requirements of this section shall be printed on all permits issued.
Whenever a zoning compliance permit shall be issued for the use of vacant land, an
inspection of such land may be made at any time by the Bureau of Inspection.
Section 22. 08 Certificate of Compliance Required. No land or building, or
part thereof, for which a zoning compliance permit or a building permit has been
4
issued, shall be used or occupied unles and until after final inspection a Certificate
of Compliance shall have been issued by the Bureau of Inspection for such new use.
Certificates of Occupancy as required by the Building Code ordinances may be so
prepared and worded as to include and constitute Certificates of Compliance as re-
quired by this ordinance, in which case the same shall be designated as a Certificate
of Compliance and-Occupancy. The issuance of either a Certificate of Compliance
or Occupancy shall not be construed as waiving any provision or requirement of this
ordinance.
Section 22.09 Temporary Certificate of Occupancy. The Bureau of
Inspection, on approval of the Zoning Board of Appeals and on a satisfactory showing
Ito the Board that a hardship exists, may issue a Temporary Certificate of Occupancy
for a portion of a building in process of erection or alteration, provided that such
certificate shall not be effective for longer than six (6) months; provided further,
CIL
that such portion of the building is in conformity with the provisions of this ordinance;
Page 136
(WO and provided further, that the applicant has agreed in writing to comply with all of
such provisions as to the entire building.
Section 22. 10 Application for Certificates. Application for any certificate
authorized by the provisions of this ordinance shall be made in writing to the Bureau
of Inspection on forms furnished by the bureau and such certificate shall be issued
within ten (10) days after receipt of such application if it is found that the building,
or part thereof, or the use of land is in accordance with the provisions of this
ordinance. If such certificate is refused, the applicant shall be notified of such
refusal and the reasons therefor within the aforesaid ten (10) day period.
Section 22. 11 Certificates of Valid Nonconforming Uses. A certificate
shall be required for each valid nonconforming use, as that term is defined in
1 Section 18. 17 dthis ordinance. Such certificate shall state that, on consideration
3 by the Bureau of Inspection of an application for such certificate and of such other
facts as may be ascertained by the Bureau, the use described in the application has
been determined to be a valid nonconforming use existing pursuant to Sections 18. 17
and 18. 18 of this ordinance. Such application shall be filed with the Bureau of
Inspection by the owner or lessee of the building or land occupied by such nonconform-
ing use, within one (1) year from the effective date of this ordinance, and the Bureau
shall issue such certificate within thirty (30) days following the filing of such appli-
cation. Failure of an owner or lessee to so obtain such a certificate within said
one (1) year period shall create a conclusive presumption that such use is not a
valid nonconforming use and such use shall be discontinued immediately following
said one (1) year period; provided, however, that nothing contained in this section
shall affect existing dwellings or interfere with the continued use, as a dwelling,or
any dwelling lawfully existing at the time this ordinance becomes effective, or pre-
vClit
ent any alteration, repair or improvements as provided by Section 18. 21 of this
ordinance.
Page 137
Lim. Section 22. 12 Record of Certificates. A record and copy of each permit
and of each certificate issued pursuant to the provisions of this ordinance shall be
kept on file in the office of the Bureau of Inspection and copies shall be furnished to
any person having a proprietary or tenancy interest on payment to the City Treasurer
of a fee of One Dollar ($1. 00) each. A record of all applications shall likewise be
kept on file in said office.
ARTICLE XXIII
AMENDMENTS
Section 23.01 Amendments. This ordinance may be amended from time
to time pursuant to the provisions of Act 207, Public Acts of Michigan of 1921, as
amended. All amendments shall be made in the manner provided in this section and
in Section 3.05 of this ordinance. Proceedings to amend this ordinance or the Zoning
Map of the City of Livonia shall be initiated or commenced by any one or more of the
following methods:
(a) By resolution of the Council wherein the question whether or
not a particular amendment should be made is referred by the Council,
on its own motion, to the City Planning Commission and wherein such
commission is requested to hold a public hearing on the question and to
thereafter make a report and recommendation to the Council.
(b) By resolution of the City Planning Commission wherein such
commission, on its own motion, provides for a public hearing on the
question whether or not a particular amendment should be made and for
a report and recommendation thereon to the Council.
(c) By written application in triplicate, addressed to the Council,
CIL duly signed by the legal or equitable owners of fifty per cent (50%) or more
of the frontage in any district or part thereof, duly acknowledged by each
owner substantially in accordance with the statutory provisions for
Page 138
C.i acknowledgmert of deeds, and accompanied by the filing fee hereinafter
fixed.
Section 23. 02 Procedure for Amendment Applications. Where an appli-
cation is presented by a property owner or owners, pursuant to Section 23. 01(c),
the following procedure and requirements shall be observed in every case:
(a) Filing of Applications. All applications shall be in writing,
signed before a notary, and filed in quadruplicate with the City Clerk
for presentation to the City Council.
(b) Contents of Applications. All applications for amendments
to this ordinance, without limiting the right to file additional material,
shall contain at least the following:
[ 1. The petitioner's name, address and interest in the
petition, as well as the name, address and interest of every
person having a legal or an equitable interest in the land
covered by the petition.
2. The nature and effect of the proposed amendment.
3. The existing zoning classification of such property.
4. The change or amendment desired.
5. A complete legal and common description of the pro-
perty sought to be rezoned.
6. If the proposed amendment would require a change
on the zoning map, a fully dimensional area map drawn at a
scale of four hundred (400) feet to one (1) inch with a north
point, dated, key to symbols, if used, section numbers and
showing:
(to,
a. The land which would be affected by the pro-
posed amendment;
b. A legal description of such land;
Page 139
c. A common description of such land;
d. The present zoning classification of the land;
e. The zoning classification of all abutting zoning
districts;
f. All public and private right-of-ways and ease-
ments bounding and intersecting the land under consider-
ation;
g. The dimension of land sought to be rezoned;
h. The proposed land uses in land sought to be re-
zoned; and
i. The structures and existing land uses on all pro-
perty adjacent to the subject parcel and on such other
property as may, in the City Planner's determination, be
3
necessary to properly reflect the existing character of the
surrounding neighborhood.
Section 23. 03 Fees for Amendment Applications. Each application presented
by a property cwner or owners to have property rezoned, pursuant to Section 23. 01(c),
shall be accompanied by a filing fee in accordance with the following schedule:
SCHEDULE
ZONING FROM ANY CLASSIFICATION TO:
R-1 through R-5, R-U-F or AG - Thirty-five Dollars ($35. 00) plus
an additional Five Dollars ($5. 00) for each 7, 200 square feet or fraction
thereof excess of 7, 200 square feet, not to exceed a total fee of Three
Hundred Dollars ($300. 00).
R-6 - One Hundred Dollars ($100. 00) plus an additional Ten Dollars
($10.00) for each 7, 200 square feet or fraction thereof in excess of 7, 200
square feet, not to exceed a total fee of Three Hundred Dollars ($300. 00).
Page 140
R-7 - One Hundred Dollars ($100. 00) plus an additional Ten
Dollars ($10. 00) for each 7, 200 square feet or fraction thereof in ex-
cess of 7, 200 square feet, not to exceed a total fee of Three Hundred
Dollars ($300. 00) .
PS - One Hundred Dollars ($100. 00) plus an additional Ten
Dollars ($10. 00) for each 7, 200 square feet or fraction thereof in ex-
cess of 7,200 square feet, not to exceed a total fee of Three Hundred
Dollars ($300. 00).
C-1 or C-2 - One Hundred Fifty Dollars ($150. 00) plus an
additional Ten Dollars ($10. 00) for each 4, 000 square feet or fraction
thereof in excess of 8, 000 square feet, not to exceed a total fee of
Three Hundred Dollars ($300. 00).
R-E, ML, M-1 or M-2 - Two Hundred Dollars ($200. 00) for the
a
first acre plus an additional Fifty Dollars ($50. 00) for each additional
acre or part thereof, not to exceed a total fee of Three Hundred
Dollars ($300. 00).
Provided, however, that applications filed by a church shall be exempt from a filing
fee where it appears from the face of the application that the requested amendment
is to permit the use of buildings or land for tax exempt church purposes; and provided,
however, that any subsequent petition filed within a one (1) year period of and in-
volving substantially the same subject matter and parties as a prior petition shall be
considered merely as a petition for rehearing of such prior petition and shall be
given the same number as such prior petition; and provided further, that an additional
filing fee shall be required on the first petition for rehearing of a prior petition in
the amount of twenty per cent (20%) of the original filing fee and a filing fee of
thirty per cent (30%) of such original filing fee is hereby fixed for each additional
NEL petition for rehearing of such prior petition. All filing fees shall be paid to the
City Treasurer.
r.
Page 141
Section 23. 04 Designation of g,
.Proceeding sEach proceeding, whether
P
originating by resolution or application, shall be designated as a "petition" and
given a number by the City Clerk. All such petitions shall be approved as to form
by the Department of Law before action is taken thereon by the City Planning Com-
mission, in the case of those petitions initiated by resolution; and before forwarding
to the City Council, where initiated by application.
Section 23. 05 Action by City Planning Commission; Notice; Public Hearing.
The City Council on receipt of a petition for amendment from the City Clerk shall
forthwith refer such petition to the City Planning Commission. The Commission shall
cause a complete study of the petition to be made by the Planning Director, shall
review the request contained in the petiticn, and shall within ninety (90) days recom-
mend to the City Council such action as the Commission deems proper. The Com-
mission shall hold a public hearing on such petition before making its recommendation
and notice thereof shall be given to the same extent as is provided for the public
hearing required to be held by the City Council.
Section 23. 06 Action by City Council; Notice; Public Hearing. The City
Council shall, after receipt of the report and recommendation from the City Planning
Commission, either approve or reject the recommendation of the Commission and
either grant or refuse the requested amendment; provided, however, that a public
hearing shall be held by the City Council before the adoption of any amendment to
this ordinance. Not less than fifteen (15) days' notice of the time and place of such
public hearing and a statement indicating the nature and location of the proposed
change of zonirg shall first be published in the official newspaper or a newspaper of
general circulation in the City of Livonia; not less than fifteen (15) days' notice of
sig: the time and place of such public hearing shall first be given by registered mail to
each public utility company and to each railroad company owning or operating any
public utility or railroad within the district or zones affected.
Page 142
1
fh.., Section 23. 07 Effect of Protest to Proposed Amendment. In case aP ro-
test against any proposed amendment to the Zoning Map be presented in writing to
the City Clerk prior to the public hearing by the City Council thereon and duly signed
by the owners of twenty per cent (20%) or more of the frontage proposed to be altered,
or by the owners of twenty per cent (20%) or more of the frontage immediately in the
rear thereof, m by the owners of twenty per cent (20%) or more of the frontage
directly opposite the frontage proposed to be altered, said amendment shall not be
passed except by a three-fourths (3/4) vote of a quorum of the City Council.
ARTICLE XXIV
MISCELLANEOUS
Section 24. 01 Compliance and Responsibility.
(a) No land or building within the City of Livonia shall be occupied or used
except in compliance with the provisions of this ordinance. No building within the
City of Livonia shall be erected, altered, repaired or moved except in compliance
with the provisions of this ordinance. No person shall use or occupy any land or
building within the City of Livonia, nor shall any person erect, alter, repair or move
any building within the City of Livonia except in compliance with this ordinance.
(b) The prohibition of any act in this ordinance, in any amendment thereof
and in any rule or regulation adopted hereunder shall include the causing, securing,
aiding or abetting of another person to do said act.
(c) It shall be the duty of all architects, contractors, subcontractors,
builders and other persons having charge of the establishment of any use of land or
the erecting, altering, changing or remodeling of any building or structure, before
I
beginning or undertaking any such work to see that all proper and necessary permits
(11116: have been applied for and obtained, including a zoning compliance permit, certificate
of occupancy, building permit and all other permits required by either this ordinance
Page 143
F
or any of the Building Code ordinances of the City; it shall also be the duty of such
parties to see that such work does not conflict with and is not in violation of the terms
of this ordinance and any such architect, contractor, subcontractor, builder or other
person doing or performing any such work or erecting, repairing, altering, changing
or remodeling without such a permit or permits having been issued or in violation of,
or in conflict with the terms of this ordinance or allowing any building erected to be
occupied without a certificate of occupancy having first been issued, shall be guilty
of a violation of this ordinance in the same manner and to the same extent as' the owner
of the premises or the person or persons for whom such building was or is erected,
altered, changed, repaired or remodeled or the use of land established or a building
occupied in violation hereof and shall be subject to the penalties herein prescribed
for such violation.
Section 24. 02 Violation Nuisance Per Se. Buildings erected, altered, razed
or converted, or uses carried on in violation of any provision of this ordinance are
hereby declared to be a nuisance per se. The court having jurisdiction shall order
such nuisances abated and the owner and/or agent in charge of such building or land
shall be adjudged guilty of maintaining a nuisance per se.
Section 24. 03 Penalty, Any person, persons, firm or corporation, or any
others acting on behalf of said person, persons, firm or corporation, violating or
failing to comply with any of the provisions of this ordinance, or any of the regulations
adopted in pursuance hereof, or who shall hamper, impede or interfere with the
performance of the duties of any official or agent of the Bureau of Inspection or other
officer under the provisions of this ordinance, shall be guilty of a misdemeanor and
Iupon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars
($500. 00), cr by imprisonment not exceeding ninety (90) days, or by both such fine
(Li and imprisonment in the discretion of the Court. Each act of violation and every day
upon which such violation shall occur shall constitute a separate offense.
Page 144
r
(16 Section 24. 04 Other Remedies. In addition to all other remedies, including
the penalties provided in Section 24. 03 of this ordinance, the City of Livonia may
commence and prosecute appropriate actions or proceedings in the Circuit Court for
the County cf Wayne or any other court having jurisdiction to restrain or prevent any
noncompliance with or violation of any of the provisions of this ordinance, or to
correct, remedy or abate such noncompliance or violation.
Section 24. 05 Severability. It is the legislative intent of the City Council
in adopting this ordinance that all sections thereof shall be liberally construed to
protect and preserve the peace, health, safety and general welfare of the inhabitants
of the City ci Livonia, Wayne County, Michigan, and further, that should any pro-
vision, portion, section or subsection of this ordinance be held or deemed uncon-
stitutional or invalid, such holding shall not be construed nor shall it in any manner
affect the validity of any of the remaining provisions, portions, sections or sub-
1
sections of this ordinance, it being the intent of the City Council that this ordinance
shall stand, notwithstanding the invalidity of any provision or section or any part
thereof. The provisions of this section shall apply to the amendment of any section
of this ordinance whether or not such a provision is restated in the amendatory
ordinance, and to any supplemental regulation added by amendment to this ordinance.
Section 24. 06 Repeal. The existing zoning regulations of the City of Livonia,
being Ordinance No. 60 and all amendments and extensions thereof, are hereby re-
pealed and all other ordinances of the City of Livonia and parts of such other
ordinances in conflict with any of the provisions of this ordinance are hereby repealed
to theextent of such conflict. The adoption of this ordinance, however, shall not
affect or prevent any pending or future prosecution of, or action to abate, any exist-
'ing provision of Ordinance No. 60, as amended, if the use, so in violation, is in
violation of the provisions of this ordinance. The adoption of this ordinance shall
not be deemed to nor shall it discontinue, abate, modify, alter or in any way affect
P,
Page 145
or waive any right of the City of Livonia under any section or provision of the
ordinances herein repealed existing on the effective date of this ordinance nor any
right of the City under any determination or action by the Board of Appeals or City
Planning Commission made pursuant to any section or provision of the ordinances
herein repealed.
Section 24. 07 Effective Date. This ordinance is hereby declared to be an
emergency ordinance necessary to the protection of the public health, safety and
welfare, and shall become effective immediately on publication.
The above ordinance was adopted at a meeting of the
City Council of the City of Livonia held on , 1963,
at p. m. at the City Hall of said City, 33001 Five Mile Road, Livonia,
Michigan.
City Clerk
The above ordinance was authenticated by me this day of
, 1963.
Mayor
(a) to be forwarded to the City Council as this
Commission's tentative report, together with a certified
copy of this resolution, and
(b) to be spread upon and included in the minutes of this
meeting as follows:
(Copy attached of proposed new zoning
ordinance and map)
A roll call vote on the foregoing resolution resulted in the following:
AYES: Okerstrom, Ingold, Allen, Cameron, Angevine and Milligan
NAYS: None
Mr. Milligan declared the motion is carried and the foregoing resolution is adopted.
Upon a motion duly made by Mr. Ingold, supported by Dr. Allen, it was
#8-152-63 RESOLVED, that the City Planning Commission of the City of Livonia having
formulated and prepared a proposed new and comprehensive zoning ordinance
for the City of Livonia (including a new zoning map), pursuant to the
direction of the l':.ty Council in Council Resolution No. 941-62 adopted
on December 19, 1962, and pursuant also to the provisions of Act 207 of
the Public Acts of Michigan of 1921, as amended, and the City Planning
Commission having tentatively approved of such new and comprehensive
zoning ordinance (including a new zoning map) for the purpose of conducting
a public hearing thereon pursuant to the said Act 207, and the City
Planning Commission having forwarded a copy of such tentatively approved
new comprehensive zoning ordinance (including a new zoning map) to the
City Council as its tentative report thereon, all of which action is
contained in City Planning Commission resolution #8-151-63 adopted on
Monday, August 5, 1963, the City Planning Commission of the City of
Livonia does hereby determine to hold a public hearing thereon as provided
for and required by the provisions of the said Act 207 of the Public
Acts of Michigan of 1921, as amended, which public hearing shall take
place before the City Planning Commission of the City of Livonia on
Tuesday, August 27, 1963 at 8:00 P.M. in the City Hall Building, 33001
Five Mile Road, Livonia, Michigan; and provided further, that notice of
such public hearing shall be published in the official newspaper of the
City of Livonia, The Livonian Observer, on Wednesday, August 7, 1963;
and provided further that at least fifteen (15) days notice of the time
and place of such public hearing shall also first be given by registered
United States mail to each public utility company and to each railroad
company owning and operating any public utility or railroad within the
City of Livonia, and such public hearing and such notice to be given in
all other respects in accordance with the provisions of said Act 207 of
the Public Acts of Michigan of 1921, as amended; and provided further,
that the Planning Commission does hereby formally approve of the following
form for the aforesaid notice of public hearing:
IrN
CITY OF LIVONIA
WAYNE COUNTY, MICHIGAN
NOTICE OF PUBLIC HEARING
A public hearing will take place before the City Planning
Commission of the City of Livonia on Tuesday, August 27, 1963
at 8:00 P.M. in the City Hall Building, 33001 Five Mile Road,
Livonia, Michigan, on the following matter:
JF1The proposed adoption of a new comprehensive zoning ordinance
Si/
of and for the City of Livonia prepared and formulated pursuant
to the provisions of Act 207 of the Public Acts of Michigan of
1921, as amended, which ordinance provides for the manner in
which the regulations and boundaries authorized by said Act 207
may be determined and enforced, and which proposed ordinance is
accompanies by a new comprehensive zoning map of and for the
City of Livonia, which proposed comprehensive zoning ordinance and
map shall be on file in the office of the City Clerk at the
City Hall Building, 33001 Five Mile Road, Livonia, Michigan, during
the period of fifteen (15) days immediately preceding the date of the
aforesaid hearing in order that the same may be examined in said
office by any and all interested persons.
This notice is given to the public by publication in the official newspaper
of the City of Livonia and by registered United States mail to each public
utility company and to each railroad company owning and operating any
public utility or railroad within the City of Livonia, Wayne County,
Michigan, in accordance with the provisions and requirements of Act 207
of the Public Acts of Michigan of 1921 as amended.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Okerstrom, Ingold, Allen,Cameron, Angevine and Milligan
NAYS: None
i
Mr. Milligan declared the motion is carried and the foregoing resolution is adopted.
4
and unanimously adopt
Upon a motion duly made by Dr. Allen and supported by Mr. Okerstrom,/the City Planning
Commission does hereby adjourn the 153rd Regular Meeting held on Monday, August 5,
1963 at approximately 9:30 p.m.
CITY PLANNING COMMISSION
. L. Angevine/ ecretary
ATTESTED:
:;:74..-4,-
.4. ...------
Edward G. Milligan, Vice-Chair an
(Chairman pro tem)
I
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