The purpose of this article is to establish regulations and
conditions that are generally applicable to all districts of this
chapter unless otherwise indicated. It is to provide uniform regulations
applicable within the City of Lapeer that supplement the specific
requirements for each district and each use.
A.
No building or structure, or part thereof, shall hereafter be erected, constructed or altered and maintained, no new use or change shall be made or maintained of any building, structure or land, or part thereof, and no lot shall be created or modified except in conformity with the provisions of this chapter. This requirement will not infringe on the rights of nonconforming lots, structures or uses outlined in Article XX of this chapter.
B.
The following are exceptions to the use regulations of the district
regulations of this chapter:
(1)
Essential services. Essential services serving the City of Lapeer
shall be permitted as authorized and regulated by law and other ordinances
of the municipality and shall not require zoning approval. Overhead
or underground lines and necessary poles and towers to be erected
to service primarily those areas beyond the City of Lapeer are permitted
as a special land use as identified in the district regulations of
this chapter.
(2)
Voting place. The provisions of this chapter shall not be so
construed as to interfere with the temporary use of any property as
a voting place in connection with a municipal or other public election.
The following are exceptions to the dimensional requirements
of the district regulations of this chapter:
A.
Height limit.
(1)
The height limitations in Articles III through XII of this chapter shall not apply to farm buildings, chimneys, church spires, flagpoles, public monuments or wireless transmission towers; provided, however, that the Planning Commission may specify a height limit for any such structure when such structure requires authorization as a special land use.
(2)
Antennas (excluding satellite dish antennas) in residential
districts accessory to a residential use may be constructed to a height
of 35 feet, provided the structure is located so that the base of
the structure is no closer to any property line than the height of
the structure. No such structure shall be placed in a front yard.
B.
Lots adjoining alleys. In calculating the area of a lot that adjoins
an alley for the purpose of applying lot area and setback requirements
of this chapter, 1/2 the width of such alley abutting the lot shall
be considered as part of such lot.
C.
Porches, walks and terraces.
(1)
An open, unenclosed and uncovered porch, paved terrace or wood
deck may project into a required front or rear yard for the distance
not exceeding 10 feet, but this shall not be interpreted to include
or permit a fixed roof.
(2)
Any walk, terrace or other surface servicing a like function,
and not in excess of 12 inches above the grade upon which placed,
shall, for the purpose of this chapter, not be considered to be a
structure, and shall be permitted in any required yard.
D.
Projections into yards. Architectural features such as cornices,
eaves, gutters, fire escapes, fire towers, chimneys, platforms, and
balconies, not including vertical projections, may extend or project
into a required side yard not more than two inches for each one foot
of width of such side yard; and may extend or project into a required
front yard or rear yard not more than three feet. Window wells may
extend or project into the required side yard no more than four feet.
[Amended 11-19-2018]
E.
Access through yards. For the purpose of this chapter, access drives
may be placed in the required front or side yards so as to provide
access to rear yards or accessory or attached structures. These drives
shall not be considered as structural violations in front and side
yards.
F.
Lots having water frontage. Those residential lots or parcels having
water frontage and abutting a public thoroughfare shall maintain the
yard on the water side as an open, unobscured yard. Accessory structures
shall be permitted in the setback between the abutting road right-of-way
and the main building providing the front yard setback required in
this chapter is met.
G.
Side yard exceptions. On legal nonconforming lots that do not meet
the minimum lot width requirements of this chapter, the side yard
setback may be reduced based on the ratio that the lot width is below
that required. Example: a lot is 80 feet wide in a district that requires
100 feet of width or 80% of the requirement. The minimum side yard
setback may be reduced to 80% of the requirement. In no case shall
a side yard be reduced to less than five feet under the terms of this
exception.
Accessory buildings and uses, except as otherwise permitted
in this chapter, shall be subject to the following regulations:
A.
Where the accessory building is structurally attached to a main building,
it shall be subject to, and must conform to, all regulations of this
chapter applicable to the main building.
B.
Accessory buildings shall not be erected in any minimum side yard
setback nor in any front yard, except detached buildings accessory
to a residential buildings, which may be located in the side or rear
yard, provided it shall be set back at least three feet from any side
or rear lot line. In those instances where the rear lot line is coterminous
with an alley right-of-way, the accessory building shall not be closer
than one foot to such rear lot line. In no instance shall an accessory
building be located within a dedicated easement right-of-way.
[Amended 9-26-2013]
C.
A building accessory to a residential building shall not occupy more
than 25% of a required rear yard; the combined areas of accessory
buildings shall not exceed the ground floor area of the main building.
D.
No detached building accessory to a residential building shall be
located closer than 10 feet to any main building.
E.
No detached accessory building in R-1 through R-3, RM-1, RM-2, MHP,
OS-1 and P-1 Districts shall exceed one story or 14 feet in height.
Accessory buildings in all other districts may be constructed to equal
the permitted maximum height of structures in said district.
(1)
Where
the accessory buildings are structurally attached or detached to the
main building, it shall be required that exterior materials used be
consistent with the principal building's material, in R-1, R-2, R-3,
RM-1, and RM-2 Districts.
[Added 11-19-2018]
F.
When a building accessory to a residential building is located on
a corner lot, the side lot line of which is substantially a continuation
of the front lot line of the lot to its rear, said building shall
not project beyond the front yard setback required on the lot to the
rear of such corner lot. In no instance shall an accessory building
be located nearer than 20 feet to a street right-of-way line.
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G.
A resident of a dwelling unit may have not more than one motorized
vehicle for sale on the site of such dwelling unit at any time, and
in no instance shall vacant residential lots or parcels be utilized
for the sale of vehicles. A resident may repair vehicles of the resident
on the property of the resident's dwelling unit; however, in no instance
shall a resident repair the vehicles of other than a resident of the
dwelling unit on said property. In no instance shall vehicles for
sale be displayed or repaired in a front yard other than on the driveway
portion of such yard.
H.
Freestanding solar panels shall be considered an accessory building
and shall be subject to the requirements for such, together with all
other applicable building codes and ordinances.
I.
Wind generators may be permitted as an accessory use when the following
conditions are met:
(1)
Wind generators may be permitted in the rear yards of residentially
zoned property, provided:
(a)
The highest point of any portion of the generator shall not
exceed 35 feet above the average grade of the lot.
(b)
The generator device shall be placed no closer to any side or
rear lot line than the total distance between the grade of the lot
at the base of the tower and the highest point of any portion of the
generator.
(c)
The maximum diameter formed by a circle encompassing the outermost
portions of the blades or other wind-activated surfaces shall not
exceed 30% of the distance between the ground and the highest point
of any portion of the wind generator. The generator shall be so located
that no portion of the structure would penetrate the vertical plane
of any adjacent property line if it were to topple over in its normally
assembled configuration.
(d)
The construction of the tower's blades, base structure, accessory
building and wiring shall meet all applicable local building codes
and ordinances.
(2)
Wind generators may be permitted on the roofs of principal structures
of any property, provided:
(a)
Height. The height of a structure-mounted wind generator shall
not exceed 15 feet as measured from the highest point of the roof,
excluding chimneys, antennas, and other similar protuberances.
(b)
Setback. The setback of the structure-mounted wind generator
shall be a minimum of 15 feet from the property line, public right-of-way,
public easement, or overhead utility lines if mounted directly on
a roof or other elevated surface of a structure. If the structure-mounted
wind generator is affixed by any extension to the side, roof, or other
elevated surface, then the setback from the property line or public
right-of-way shall be a minimum of 15 feet. The setback shall be measured
from the furthest outward extension of all moving parts.
(c)
Location. The structure-mounted wind generator shall not be
affixed to the wall on the side of a structure facing a road.
(d)
Quantity. No more than three structure-mounted wind generators
shall be installed on any parcel of property.
(e)
Separation. If more than one structure-mounted wind generator
is installed, a distance equal to the height of the highest structure-mounted
wind generator must be maintained between the furthest outward extension
of any moving part of each structure-mounted wind energy system.
(3)
Wind generators may be permitted in the rear yard, or non-required
front or side yard of a commercial or industrially zoned property,
provided:
(a)
The highest point of any portion of the generator shall not
exceed 65 feet above the average grade of the lot.
(b)
The generator device shall be placed no closer to any side or
rear lot line than the total distance between the grade of the lot
at the base of the tower and the highest point of any portion of the
generator.
(c)
The maximum diameter formed by a circle encompassing the outermost
portions of the blades or other wind-activated surfaces shall not
exceed 30% of the distance between the ground and the highest point
of any portion of the wind generator. The generator shall be so located
that no portion of the structure would penetrate the vertical plane
of any adjacent property line if it were to topple over in its normally
assembled configuration.
(d)
The construction of the tower's blades, base structure, accessory
building and wiring shall meet all applicable local building codes
and ordinances.
J.
Satellite reception antenna may be permitted as an accessory use
in any district, subject to the following conditions:
(1)
Roof-mounted: residential districts.
(a)
The dish portion of roof-mounted satellite reception antenna
shall not exceed a diameter of three feet.
(b)
Satellite reception antenna shall be mounted directly upon the
roof of the main or accessory building and shall not be upon appurtenances
such as chimneys, towers, or poles.
(c)
Satellite reception antenna shall not exceed a height of more
than three feet above the roof on which it is mounted.
(d)
Satellite reception antenna shall be designed to withstand a
wind force of 85 miles per hour without the use of supporting guy
wires.
(e)
Satellite reception antenna shall be bonded to a grounding rod.
(2)
Roof-mounted: nonresidential districts.
(a)
The dish portion of roof-mounted satellite reception antenna
shall not exceed a diameter of eight feet.
(b)
Satellite reception antenna shall not exceed the maximum height
of structure requirements for the district in which it is located.
(c)
Satellite reception antenna shall be designed to withstand a
wind force of 85 miles per hour without the use of supporting guy
wires.
(d)
Satellite reception antenna shall be bonded to a grounding rod.
(3)
Ground-mounted: residential districts.
(a)
No satellite reception antenna, including its concrete base
slab or other substructures, shall be constructed less than 10 feet
from any property line or easement.
(b)
No satellite reception antenna shall be linked, physically or
electronically, to a receiver which is not located on the same zoning
lot as is the satellite reception antenna.
(c)
A satellite reception antenna shall not exceed a height of 16
feet.
(d)
Wiring between a satellite reception antenna and a receiver
shall be placed at least four inches beneath the surface of the ground
within rigid conduit.
(e)
Such satellite reception antenna shall be designed to withstand
a wind force of 75 miles per hour without the use of supporting guy
wires.
(4)
Ground-mounted: nonresidential districts.
(a)
No satellite reception antenna, including its concrete base
slab or other substructure, shall be constructed less than five feet
from a property line or easement.
(b)
No satellite reception antenna shall be linked, physically or
electronically, to a receiver which is not located on the same zoning
lot as is the satellite reception antenna.
(c)
A satellite reception antenna shall not exceed a height of 16
feet.
(d)
Wiring between a satellite reception antenna and a receiver
shall be placed at least four inches beneath the surface of the ground
within a rigid conduit.
(e)
Such satellite reception antenna shall be designed to withstand
a wind force of 75 miles per hour without the use of supporting guy
wires.
(f)
A satellite reception antenna must be bonded to a grounding
rod.
A.
No fence, wall, shrubbery, sign or other obstruction to vision above
a height of two feet from the established street grades shall be permitted
within the triangular area formed at the intersection of any street
right-of-way lines by a straight line drawn between said right-of-way
lines at a distance along each line of 25 feet from their point of
intersection.
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B.
No fence, wall, shrubbery, sign or other obstruction to vision above
a height of two feet from the established street grades shall be permitted
within the triangular area formed at the intersection of any street
right-of-way line with a driveway by a straight line drawn between
said right-of-way lines and the edge of the driveway at a distance
along each line of 10 feet from their point of intersection.
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No lot shall be used for any purpose permitted by this chapter
unless said lot abuts a public street, unless otherwise provided for
in this chapter.
A.
Location. Private swimming pools and hot tubs shall be permitted
as an accessory structure to the rear or side of the principal structure
in residential districts, provided that pools in the side yard shall
be screened with landscaping or natural vegetation such that they
cannot be seen from the road. Pools and hot tubs shall not be located
in any road or utility right-of-way or easement.
B.
Setbacks. Private swimming pools shall be located no closer than
10 feet to any side or rear property line and no closer than 10 feet
to any building on the same parcel.
C.
All swimming pools shall be subject to the requirements in the Michigan
Residential Code, including requirements regarding fencing.
D.
Swimming pools located on lots with vacant homes shall be drained,
and proper fencing maintained.
After the effective date of this chapter, no structure for human
occupancy shall be erected, altered, or moved upon any lot or premises
and used in whole or in part for dwelling, business, industrial, or
recreational purposes unless it shall be provided with a safe potable
water supply and with a safe and effective means of collection, treatment,
and disposal of human excrement and domestic, commercial and industrial
wastes. All such installations and facilities shall conform to the
minimum requirements of the City of Lapeer.
A.
Open storage of building material, contractor's equipment and supplies
and other similar material may be permitted by the Planning Commission
at site plan review provided an obscuring wall or fence screens the
material from view of the street or adjacent parcels.
B.
Outdoor display of material for sale may be approved by the Planning
Department by issuance of a zoning permit as an accessory use to the
principal use, provided the following conditions apply.
[Amended 12-19-2022]
(1)
Approval must be applied for annually, although such approval
may be for more than a single event per calendar year.
(2)
The display of the materials is accessory to the principal use.
(3)
Provisions are taken to prevent the blowing of trash or loosely
packed materials.
(4)
Display areas shall consist of a permanent, durable and dustless
surface and shall be graded and drained to dispose of stormwater without
a negative impact on adjacent property.
(5)
Outdoor display may not occupy required parking spaces. Display
areas within parking lots shall have fencing, railing or similar equipment
to delineate the display area from the parking area.
(6)
No outdoor display shall be permitted in the required front,
side or rear yard setbacks for principal buildings for the district
in which the outdoor display is located.
(7)
The Planning Department may limit the height that materials
may be stacked in order to maintain clear vision and protect customers
from falling material.
(8)
The Planning Department may require annual review of a site
to ensure that conditions of approval and these requirements are met.
[Added 12-19-2022]
A.
In order
to protect the public health, safety, and welfare of the City regarding
overloading local electrical capacity and ensuring appropriate uses
are consistent with the character of the zoning district, all amperes
electrical services in the R-1, R-2, and R-3 Single-Family Residential
zoning districts must comply with the below requirements:
(1)
No
more than a 200 amperes electrical service may service a single parcel
in the above-mentioned zoning districts, except as otherwise provided
in this section.
(2)
For
those who request to have an amperes electrical service over 200 amperes,
they may apply for a waiver from these restrictions from the Planning
Commission. The approval of the additional amperes shall be based
on the following findings of fact:
(a)
Demonstrate that the requested service is necessary for all residential
applications on the property.
(b)
Supply an electrical load sheet detailing single phase connected
loads for lighting, receptacles, water heater, heat pump, cooking,
air conditioning and any other applications at the property.
(c)
The City reserves the right to have comments from entities such as
DTE Energy, Fire Department, Police Department, and Building Official
provide review comments.
[Added 12-19-2022]
A.
All structures
shall be set back at least 25 feet from all natural features such
as drains, regulated wetlands, natural ponds, lakes and streams.
