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OTSEGO COUNTY LAND USE SERVICES, PLANNING AND ZONING DEPARTMENT 1 MEMORANDUM TO: OTSEGO COUNTY TOWNSHIPS FROM: CHRIS CHURCHES, DIRECTOR OF PLANNING & ZONING, CAPITAL PROJECTS & GRANTS, OTSEGO COUNTY SUBJECT: GUEST HOUSE/ACCESSORY BUILDING TEXT AMENDMENTS DATE: 11/13/2019 The proposed set of text amendments to the Otsego County Zoning Ordinance change the provisions listed in various sections of the Ordinance as they relate to guest houses. The proposed amendments result in two main changes to the regulation of guest houses and accessory buildings. These are as follows: 1. Adds guest houses as permitted uses in all residential zones, provided that the use is accessory to the main dwelling, is constructed under the same standards as those required for the main dwelling, the parcel is double the minimum required land area for the district, and the Health Department approves the sanitary system. 2. Incorporates total usable square footage of accessory buildings into the square footage calculation for maximum allowable lot coverage. The motivation behind allowing guest houses as permitted uses in residential zones with lot sizes double the minimum required was to recognize the fact that the applicant could split the parcel into two and construct two single family dwellings on each parcel – essentially resulting in the same outcome, but with more steps. It is hoped that this change will also reduce the number of property owners attempting to construct a guest house while calling it an accessory building on their application (because they do not want to split their property). This often results in the structure being constructed in a manner that is unsafe for occupancy and can put the homeowner in danger. This amendment will allow for complete transparency in the process and will facilitate the proper zoning, building, and sanitary inspections. The second proposed change to incorporate the total usable square footage into the calculation of maximum lot coverage requirement under Article 17 is another measure to promote honesty and transparency ---PAGE BREAK--- 2 on zoning applications. Many accessory buildings are constructed with a large living area on the second floor, which is often identified on the application as “attic storage”. This would allow the builder to construct the living area (identified as attic storage on the application) to lower standards than that which is required for living space. This not only puts the current property owner in danger, but also future property owners who would not be aware that the structure was constructed to subpar standards. As always, please do not hesitate to reach out with any questions or concerns. Sincerely, Christopher Churches Director of Planning & Zoning, Capital Projects & Grants ---PAGE BREAK--- Summary of Text Changes regarding Accessory Buildings / Guest House Article 2 1. Definition addition to ‘Accessory Structure’ 2. Deleted portion of ‘Guest House definition “lacking at least one facility for independent living such as kitchen or bathroom,” 3. Added “constructed under the same standards as those required for the main dwelling” to the definition of ‘Guest House’. Article 4 1. Section 4.1.3 a. Added Section 4.1.3 permitting use of a guest house and subsequently renumbered Article 7 1. Section 7.1.2 a. Added Section 7.1.2 permitting use of a guest house and subsequently renumbered 2. Section 7.2.7 a. Deleted and subsequently renumbered Article 8 1. Section 8.1.2 a. Added Section 8.1.2 permitting use of a guest house and subsequently renumbered Article 17 1. Added “other than guest houses” to note h 2. Note added to Table 1 – Max % lot coverage 3. “Note m” added to list of Notes Article 21 1. Added “Accessory buildings, with the exception of guest houses,” to Section 21.1.1 2. Added “or guest house” to the text of Section 21.1.2 3. Added “other than a guest house” to the text of Section 21.1.5 ---PAGE BREAK--- ***AMENDMENT CHANGES / ADDITIONS ARE UNDERLINED WITH RED TEXT ***AMENDMENT DELETIONS ARE STRUCK ARTICLE 2 CONSTRUCTION OF LANGUAGE AND DEFINITIONS Amended 9.13.2016 Amended 3.29.2018 SECTION 2.1 CONSTRUCTION OF LANGUAGE The following rules of construction apply to the text of this Ordinance: 2.1.1 The particular shall control the general. 2.1.2 In case of a difference of meaning or implication between the text of this Ordinance and any caption or illustration, the text shall control. 2.1.3 Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. 2.1.4 A "building" or "structure" includes any part thereof. 2.1.5 The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", or "occupied for". 2.1.6 The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. 2.1.7 Terms not herein defined shall have the meaning customarily assigned to them. 2.1.8 The term "including" means "including but not limited to." It is a term which introduces examples but does not limit the provision to only those examples. 2.1.9 Terms referring to the Michigan Department of Natural Resources (DNR) shall be understood to refer to the Michigan Department of Environmental Quality (DEQ) where appropriate. 2.1.10 Reference to Soil Erosion and Sedimentation Control as Part 91 of PA 451 shall be understood to mean MCLA Sections 324.9101 through 324.9123 of the Natural Resources and Environmental Protection Act of 1994. SECTION 2.2 DEFINITIONS ACCESSORY STRUCTURE: A building, the use of which is incidental to that of the main building, or main use, and which is located on the same lot. Total square footage of accessory structures which includes all levels and any attic area will be used to determine compliance with the lot coverage requirement in Article 17. ACCESSORY USE: A use incidental to the principal use of a building or property as defined or limited by the provisions of this Ordinance. ADULT ENTERTAINMENT USE: Any use of land, whether vacant or combined with structures or vehicles thereon by which said property is devoted to displaying or exhibiting material for entertainment, a significant portion of which includes matter or actions depicting, describing, or presenting "specified sexual activities: or "specified anatomical areas." Adult entertainment uses shall include: Adult book or video establishment: An establishment having a substantial or significant portion of its stock in trade books, magazines or other publications, video recordings and films which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," or an establishment with a segment or section devoted to the sale, rent or display of such material. Adult cabaret: A theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, or similar entertainers, where a significant portion of such performances show, depict, or describe "specified sexual activities" or "specified anatomical areas." ---PAGE BREAK--- Adult motel: A motel wherein matter, actions or other displays are presented which contain a significant portion depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Adult motion picture arcade: Any place where the public is invited or permitted wherein coin - or slug/token-operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images and where a significant portion of images so displayed depict, describe or relate to "specified sexual activities" or "specified anatomical areas." Adult motion picture theater: An enclosed building or open air site with any size seating capacity used for presenting motion pictures distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or" specified anatomical areas" for observation by patrons therein. Adult sexual encounter center: Any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble, or associate for the purpose of engaging in "specified sexual activities" or conduct involving "specified anatomical areas." Adult entertainment use is further defined by these terms: Specified anatomical areas: Less than completely covered human genitals, pubic regions, buttocks, and the areola or nipple of female breasts. Also, human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities: Human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic regions, buttocks or female breast. AGRICULTURE OR AGRICULTURAL USE: Cultivating or using land for the production of crops for the use of animals or humans including, farming, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry. An agricultural building does not include a building used for retail trade. ALTERATIONS: Any change, addition, or modification in construction or type of occupancy, or 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". ANTENNA: An exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. ANEMOMETER: An instrument for measuring and recording the speed of the wind. ANEMOMETER TOWER: A structure, including all accessory facilities, temporarily erected, on which an anemometer is mounted for the purposes of documenting whether a site has wind resources sufficient for the operation of a wind turbine generator. APARTMENTS: [See DWELLING, MULTIPLE FAMILY] AUTO REPAIR GARAGE: A place where the following auto services may be carried out: general repair, engine rebuilding, collision service, painting, undercoating, and rust proofing. The sale of engine fuels and lubricants may be included. BASEMENT: That portion of a building which is partly or wholly below grade, but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. If the vertical distance from the grade to the ceiling is over five feet, such basement shall be rated as a first story. BED AND BREAKFAST: Any dwelling used or designed in such a manner that certain rooms in excess of those used by the family and occupied as a dwelling unit, are rented to the transient public for compensation; this includes establishments that are in compliance with Public or State Statutes. Such a use shall have the appearance of a single family residence and be consistent with surrounding neighborhood character. BILLBOARDS: A billboard shall mean any structure or portion thereof designed or intended to be used for posting, painting, or otherwise affixing any sign which does not pertain to the premises, or to the use of premises on which the billboard is located, or to goods sold or services rendered, or activities conducted on such premises. ---PAGE BREAK--- BUILDING: A structure erected on-site, a mobile home or mobile structure, a pre-manufactured or pre-cut structure, above or below ground, designed primarily for the shelter, support or enclosure of persons, animals or property of any kind. BUILDING HEIGHT: The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and the average height between the eaves and ridge for gable, hip, and gambrel roofs. frame structures shall be measured to the highest point of the building. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall. BUILDING LINE: A line formed by the face of the building, a building line is not to be used when determining setbacks. BUILDING LENGTH: The greatest overall linear dimension of a building measured at the building footprint. BUILDING WIDTH: The greatest distance between two sides of a building which extend half or more of its length as measured at the building footprint BUILD-TO-AREA: The space within the Build-to-Line and the Lot Line Sides. The Build-to-Area may vary a distance on either side of the Build-to-Line. The distance is determined by measuring the number of feet between the Build-to-Line and the public right-of-way and multiplying the number of feet by ten percent BUILD-TO-LINE: The line of vertical plane formed by the planned building façade that is parallel to the road right- of-way and extends to and coincides with the plane of the front façade of existing or planned buildings along the same right-of-way. CARE FACILITY, COMMERCIAL DAY: A facility receiving more than twelve (12) minor children or adults for care for periods of less than twenty-four (24) hours in a day, for more than two weeks in any calendar year. Child care and supervision provided as an accessory use, while parents are engaged or involved in the principal use of the property, such as a nursery operated during church services or public meeting, or by a fitness center or similar operation, shall not be considered Commercial Day Care. CARE FACILITY, CONVALESCENT OR NURSING HOME: A facility with sleeping accommodations where persons are housed twenty-four (24) hours a day and furnished with meals, nursing and medical care. CARE FACILITY, FAMILY: A single family residence in which care or supervision is provided for more than one but less than seven minor children or adults. Care for persons related by blood, marriage, or adoption to a member of the family occupying the dwelling is excluded from this definition. CARE FACILITY, GROUP: A facility in which care or supervision is provided for at least seven but not more than twelve (12) minor children or adults. CLIMBING BARRIER: Material attached to the lowest eight feet of a lattice tower for the prevention of using structural cross members as a ladder; a safety feature to discourage climbing by unauthorized individuals CLUB: An organization of persons for the promulgation of sports, arts, sciences, literature, politics, or the like. CO-LOCATION: The location of two or more communication providers of wireless communication facilities on a common structure, tower or building, with the view toward reducing the overall number of structures required to support wireless communication antennas with the County. COMMERCIAL MOTOR VEHICLE: Any self-propelled or towed vehicle designed or used on public highways to transport passengers or property, if the vehicle meets one or more of the following: Has either a gross vehicle weight rating or actual gross weight or gross combination weight rating or an actual gross combination weight of ten thousand and one (10,001) or more pounds Is designed for carrying sixteen (16) or more passengers, including the driver Is used in the transportation of hazardous materials in a quantity that requires the vehicle to be marked or placarded CONDOMINIUM PROJECT: Means a plan or project consisting of not less than two condominium units if established and approved in conformance with the Condominium Act (Act 59, 1978). CONDOMINIUM SUBDIVISION: A division of land on the basis of condominium ownership, which is not subject to the provisions of the Subdivision Control Act of 1967, Public Act 288 of 1967, as amended. Any "condominium unit", or portion thereof, consisting of vacant land shall be equivalent to the term "lot" for the purposes of determining ---PAGE BREAK--- compliance of a condominium subdivision with the provisions of this ordinance pertaining to minimum lot size, minimum lot width, and maximum lot coverage. CONDOMINIUM SUBDIVISION PLAN: The drawings attached to the master deed for a condominium subdivision which describes the size, location, area, horizontal and vertical boundaries and volume of each condominium unit contained in the condominium subdivision, as well as the nature, location and size of common elements. CONDOMINIUM UNIT: Means that portion of a condominium project or condominium subdivision which is designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, use as a time-share unit, or any other type of use. A condominium unit may consist of either vacant land or space which either encloses or is enclosed by a building structure. COUNTY: Where used in this Ordinance, shall mean the County of Otsego, State of Michigan. COURTYARD: An unroofed area that is completely or mostly enclosed by the walls of a large building. DEVELOPMENT: The construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use. DISTRICT: A portion of the county lying outside the limits of incorporated cities and villages of the county within which certain regulations and requirements or various combinations thereof apply under the provisions of this Ordinance (also a zone.) DRIVE-IN: A business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking area for vehicles, so customers may receive goods or services for use or consumption on the premises while remaining in their vehicles. DRIVE-THROUGH: A business establishment so developed that it’s retail or service character is dependent on providing a driveway approach and vehicle service window for vehicle access so customers may receive goods or services for use or consumption off the premises. DRIP LINE: An imaginary line drawn around the base of a tree to connect the points where drips would fall straight down from the outermost tips of the tree's branches. The drip line generally delineates the ground area containing the root system near the surface which is most sensitive to disturbance DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation DWELLING, ONE-FAMILY: A building containing not more than one dwelling unit designed for residential use DWELLING, TWO-FAMILY (DUPLEX): Dwelling, Two-Family - A building containing two separate dwelling units designed for residential use. DWELLING, MULTIPLE-FAMILY: A building containing three or more dwelling units designed for residential use and including a rooming house, bed and breakfast, tourist home, apartment house, group quarters, or extended care facility for seven or more persons, such as adult foster care or alternative institutional setting home. State-licensed residential facilities shall be considered as single-family dwellings when questions of overcrowding and safety are addressed by the state agency issuing the license. ERECTED: Built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction, excavation, fill, drainage, and the like. ESSENTIAL SERVICES: The erection, construction, alteration or maintenance of underground, surface, or overhead gas, electrical, steam or water transmission or distribution systems; collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, towers, poles, electrical substations, gas regulator stations, and other similar equipment, and applicable accessories reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health, safety, and general welfare. Provided, however, that wireless telecommunication towers and facilities, alternative tower structures, antennas, wind turbine generators and anemometer towers shall not be considered essential services. EXCAVATION: Any breaking of ground, except common household gardening and ground care. ---PAGE BREAK--- FAMILY: One or two related persons or parents with their direct lineal descendants and adopted children (and including the domestic employees thereof), together with not more than three persons not so related, living together as a single housekeeping unit. FARM: Structures, facilities and lands of twenty (20) acres or more for carrying on of any agricultural use or the raising of livestock or small animals as a source of income. [See also AGRICULTURE] FENCE: Any permanent or temporary, partition, wall, structure or gate erected as a dividing structure, barrier or enclosure and not part of a structure requiring a building permit. FENESTRATION: The arrangement of windows and doors on the elevations of a building. FLOOR AREA, USABLE (FOR COMPUTING PARKING): That area used for, or intended to be used for, the sale of merchandise or services, or for use to serve patrons, clients, or customers. Floor area used, or intended to be used, for the storage or processing of merchandise, hallways, or for utilities or sanitary facilities, shall be excluded for the computation of "Usable Floor Area" All floor levels shall be counted. FLOWAGE: Body of water impounded by a dam, used interchangeably with reservoir, impoundment, and flood water. GARAGE, PRIVATE: A building used for the non-commercial storage of property owned by the owners of the parcel on which the building is located. GARBAGE: The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. A self-contained compost pile is not considered garbage. GASOLINE SERVICE STATION: A place primarily operated and designed for the dispensing, sale, or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories. GLAZING: Furnishing or fitting with glass all surfaces on a fenestration. GOLF COURSE POLICY GUIDELINES: Policy Guidelines for Minimizing Environmental Impacts from Golf Course Development in Otsego County, published by the Otsego County Water Quality Committee and the Northeast Michigan Council of Governments, as adopted by resolution of the Otsego County Planning Commission. GRADE: For the purpose of regulating the number of stories and the height of buildings, the building grade shall be the level of the ground adjacent to the walls of the building. If the ground is not level, the grade shall be determined by averaging the elevation of the ground for each face of the building. GUEST HOUSE: A building accessory to the main dwelling, constructed under the same standards as those required for the main dwelling, , lacking at least one facility for independent living, such as kitchen or bathroom; used for housing guests. A shared septic system does not by itself qualify the building as a guest house. HAZARDOUS SUBSTANCES: Substances which are toxic, corrosive, flammable, combustible, radioactive, or capable of producing substantial injury through handling, use, or ingestion. HOME OCCUPATION: The partial use of a home for commercial or nonresidential uses by a resident thereof, which is subordinate and incidental to the use of the dwelling for residential purposes. IMPERVIOUS SURFACE: A material incapable of being penetrated by water and other liquids. Under conditions where spills are to be retained, retention capability must be sufficient to contain one hundred twenty-five percent (125%) of any reasonably foreseeable spill for any reasonably foreseeable period necessary and have sufficient strength and durability to remain intact under reasonably foreseeable conditions. For the purpose of calculating storm water runoff, impervious surfaces shall include all roofs, slabs, pavements and gravel drives and parking lots. JUNK: Junk includes, but is not limited to, broken and/or inoperable machinery or vehicles, or parts relating to machinery or vehicles, or broken and unusable furniture, stove, refrigerators, or other appliances. JUNK YARD: An open area where waste, used or second hand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including scrap iron and other metals, paper, rags, rubber tires, and bottles. Junkyard also includes any area of more than two hundred (200) square feet used for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings. ---PAGE BREAK--- JUNK YARD - AUTOMOTIVE: An area or facility for the storage, wrecking, or salvage of parts from inoperable motorized vehicles including cars, trucks, tractors, buses, etc., containing more than four vehicles, or occupying an area of two hundred (200) or more square feet. KENNEL: A kennel is a use that includes indoor or outdoor facilities for the boarding, for profit, of dogs or other household pets which are owned by others as a commercial business. LIGHTS: Flashing, intermittent or moving – a light that blinking, flashing, or fluttering lighting, including changes in light intensity, brightness or color except as provided for in 21.38.03.01. LOADING SPACE: An off-street space on the same lot with a building for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials LOT: Land described in a recorded plat or by metes and bounds description, including a condominium unit in a condominium subdivision, occupied or to be occupied by a building, structure, land use or group of buildings having sufficient size to comply with the frontage, area, width-to-depth ratio, setbacks, yards, coverage, open spaces and buildable area requirements of this Ordinance, and having its principal frontage upon a public street or on a private road approved by the County. LOT AREA: The total horizontal area within the lot lines of the lot, excluding public or private streets, roads, right of ways or easements dedicated for the purpose of vehicle access or transit. LOT - CORNER: A lot which occupies the interior angle at the intersection of two streets, which make an angle of less than one hundred thirty-five degrees (135). LOT - INTERIOR: Any lot other than a corner lot. LOT - THROUGH: Any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of said lots adjacent to streets shall be considered frontage, and front yards shall be provided as required (also a double frontage lot). LOT COVERAGE: That portion of the lot occupied by main and accessory buildings LOT DEPTH: The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines. LOT LINES: The lines bounding a lot as defined herein: LOT LINE - FRONT: In the case of an interior lot, the line separating said lot from the street. In the case of a corner lot, the front lot line is that line separating said lot from the street which is designated. LOT LINE - REAR: That lot line opposite the front lot line. In the case of a lot pointed at the rear (pie-shaped), the rear lot line shall be an imaginary line at least ten (10) feet long, parallel to the front lot line, but inside the side lot lines. LOT LINE - SIDE: Any lot line other than the front lot line or rear lot line. LOT OF RECORD: A parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds or in common use by County Officials, and which actually exists as so shown, or any part of such parcel held in record ownership separate from that of the remainder thereof. LOT WIDTH: The horizontal distance between the side lot lines, measured at the two points where the building line or setback line intersects the side lot lines. LOT - ZONING: A contiguous tract of land which at the time of filing for a Zoning Permit is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. A Zoning Lot may or may not coincide with a lot of record as filed with the County Register of Deeds, and may include one or more lots of record. MAIN BUILDING: A building in which is conducted the principal use of the lot upon which it is situated. MAIN USE: The principal use to which the premises are devoted and the principal purpose for which the premises exist. MANUFACTURED HOME: [See MOBILE HOME] ---PAGE BREAK--- MANUFACTURED HOUSING PARK: A parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual, non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incidental to the occupancy of a mobile home. MARINA: A facility which is owned or operated by a person, extends into or over an inland lake or stream and offers service to the public or members of the marina for docking, loading or other servicing of recreational watercraft. MASTER PLAN: The County Comprehensive Plan as may be amended or updated, including graphic and written proposals indicating general locations for roads, streets, parking, schools, public buildings, and other physical development features, including resource conservation objectives. MOBILE HOME: Means a structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. MUNICIPAL CIVIL INFRACTION: The words “municipal civil infraction” means an act or omission that is prohibited by the Otsego County Zoning Ordinance or the Otsego County Municipal Civil Infractions Ordinance, and for which civil sanctions, including fines, damages, expenses and costs, may be ordered. A municipal civil infraction is not a lesser included offense of a violation of the Otsego County Zoning Ordinance that is a criminal offense. NEO-TRADITIONAL: Reviving traditional methods; combining tradition with newer elements. NONCONFORMING BUILDING: A building or portion thereof lawfully existing at the effective date of this Ordinance, or amendments thereto, that does not conform to the provisions of the Ordinance in the district in which it is located. NONCONFORMING USE: A use which has lawfully occupied a building or land at the time this Ordinance, or amendments thereto, became effective, that does not conform to the use regulations of the district in which it is located. (Commonly referred to as “grandfathered.”) NURSERY, PLANT MATERIALS: A space, building or structure, or combination thereof, for the storage of live trees, shrubs, or plants offered for retail sale on the premises, including products used for gardening or landscaping. The definition of nursery does not include space used for the sale of fruits or vegetables. NUISANCE FACTORS: An offensive, annoying, unpleasant, or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as: noise, dust, heat, electronic or atomic radiation, objectionable effluent, noise of congregation of people, particularly at night, and passenger traffic. OFF-STREET PARKING LOT: A parking area off the street, which may require drives and aisles for maneuvering, for the parking of four or more vehicles. ORDINARY HIGH WATER LINE: On an inland lake which has a level established by law, it means the high established level. Otsego Lake has a High Water Line established by law which is 1273.5 elevation. The elevation is maintained by the County Road Commission. For other lakes in the County it means the line between upland and bottom land which persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked from the upland and is apparent in the soil itself, the configuration of the surface of the soil and the vegetation. Where water returns to its natural level as the result of the permanent removal or abandonment of a dam, it means the natural ordinary high water mark. PARKING SPACE: An area of definite length and width, exclusive of drives, aisles or entrances giving access thereto, and fully accessible for the storage or parking of permitted vehicles PERSONAL WIRELESS SERVICES TELECOMMUNICATIONS TOWERS AND FACILITIES: Self-supporting or guyed towers of one hundred fifty feet (150’) or less that provide data and internet access within a three to five (3-5) mile radius. These low wattage towers are a Permitted Use Subject to Special Conditions. (Section 21.46) Section 322(c)(7) of the Federal Communications Act uses the following definitions: the term “personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services; (ii) the term “personal wireless service facilities” means facilities for the provision of personal wireless services; and ---PAGE BREAK--- (iii) the term “unlicensed wireless service” means the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services. PLANNING COMMISSION: Shall mean the Otsego County Planning Commission PLAZA: A public square in a city or town; an open area usually located near urban buildings and often featuring walkways, trees and shrubs, places to sit and sometimes shops. POLLUTING MATERIALS: Materials which are capable of adversely affecting air or water resources by altering odor, taste, color, or physical or chemical composition to a degree that public health or biological communities are threatened - Examples of Polluting Materials include fertilizers and pesticides. PRACTICAL DIFFICULTY: A situation whereby a property owner cannot establish a “minimum practical” legal use of a legal lot or parcel, while meeting all of the dimensional standards of the zoning district within which the lot is located. Situations occurring due to the property owner’s desire to establish a use greater than the “minimum practical” use or created by an owner subsequent to the adoption date of this Ordinance is not a practical difficulty. PUBLIC UTILITY: A firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under Federal, State, or municipal regulations to the public: gas, steam, electricity, sewage disposal, communication, telegraph, transportation, or water. RACE TRACK: A way improved, designed, constructed, excavated or ordinarily used for traffic in racing, or training or testing for racing. It includes all racing by motorized vehicles and all racing activities accompanied by spectators but does not include walking or hiking trails used exclusively by humans. Racing means a competitive event in which time is a determining factor. RESORT: A recreational camp or facility operated for gain, and which provides overnight lodging and one or more of the following activities: golf, skiing, dude ranching, recreational farming, snowmobiling, pack trains, non-motorized bicycle trails, boating, swimming and related or similar uses normally associated with recreational resorts. ROADSIDE STAND: An accessory and temporary farm structure operated for the purpose of selling local agricultural products. SERVICE ROADS: Local roads that parallel an expressway or through street and that provide access to property near the expressway or through street. SETBACK: The distance required to meet the front, side and rear yard open space requirements of this ordinance as measured from the lot lines or Road Right of Way to the fascia of the roof overhang or to the closest point of a deck or porch, not including steps, whichever is less. SHOOTING RANGE: An area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting at targets. SHORELAND: Land paralleling the lake shoreline, fifty (50) feet wide as measured from the ordinary high water level. And the land paralleling the banks of all rivers, streams and flowages of water in the County that appear on the most recent U.S. Geological Survey Quadrangle maps, one hundred fifty (150) feet wide, measured from the ordinary high water level, landward, at right angles or radial to the shoreline or bank, on a horizontal plane. SIGN: The use of any words, numerals, figures, devices, designs or trademarks by which anything is made known such as are used to show an individual, firm, profession or business, and are visible to the general public. Accessory signs pertain to uses, activities or services conducted on the premises where located. SIGN FACE: The part of a sign structure which is used to graphically communicate a message or announcement including a border space of not less than three inches outside of any lettering or other graphic symbols or depictions. STORY: That part of a building, except a mezzanine and/or basement, between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. STREET OR ROAD: A right-of-way, affording the principal means of access to abutting property. Alleys differ in that they offer a secondary means of access to abutting property. STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. ---PAGE BREAK--- TEMPORARY BUILDING OR USE: A use of a building or premises permitted by the Board of Appeals to exist during periods of construction of the main building or use, or for special events. TOURIST HOME: [See BED & BREAKFAST.] TRAVEL TRAILER AND/OR CAMPER: Any trailer, trailer coach, motor home, tent camper, truck-mountable camper, or other unit designed as a vacation or traveling unit for short term occupancy, and which unit is legally licensed or licensable for towing or travel over public highways by ordinary domestic vehicle. UNNECESSARY HARDSHIP: A situation whereby a property owner, due to the unique or unusual conditions of a lot or parcel, cannot meet specific standards set by the Ordinance within the subject zoning district. Situations created by an owner subsequent to the enactment of this Ordinance shall not be deemed an unnecessary hardship. USE: The principal purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied. An accessory use is subordinate and clearly incidental to the principal use. USES SUBJECT TO SPECIAL CONDITIONS: Refers to special land uses pursuant to PA 110 of 2006, as amended and also pursuant to uses referred to in this Ordinance as special approvals, special uses, special land uses, or conditional uses authorized by special permit. VARIANCE: A modification of the literal provisions of the Zoning Ordinance which is authorized by the Zoning Board of Appeals when strict enforcement of the Ordinance would cause practical difficulties or unnecessary hardship for the property owner. VEHICLE: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices exclusively moved by human power or used exclusively upon stationary rails or tracks and excepting a mobile home as defined in Section 2 of Act No. 419 of the Public Acts of 1976, being section 125.1102 of the Michigan Compiled Laws. VEHICLE REPAIR: Any major activity involving the general repair, rebuilding or reconditioning of vehicles, engines or trailers; collision services, such as body, frame, or fender straightening and repair; overall painting and vehicle rust- proofing; refinishing or steam cleaning. VEHICLE SERVICE STATION: A building and lot or parcel designed or used for the retail sale of fuel, lubricants, air, water or other operating commodities for vehicles, and including customary space and facilities for the installation of such commodities on or in such vehicles and including space for vehicle storage, minor repair and servicing WETLANDS: Land characterized by the presence of water at a frequency and duration sufficient to support and that under normal circumstances does support wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, marsh, or other areas such as flood plains or environmental areas designated as such in the County Comprehensive Plan or other county, state, or federal documents. WIND TURBINE GENERATOR (WTG): A tower, pylon, or other structure and any, all or some combination of the following: 1. A wind vane, blade, or series of wind vanes or blades, or other devices mounted on a rotor for the purpose of converting wind into electrical or mechanical energy. 2. A shaft, gear, belt, or coupling device used to connect the rotor to a generator, alternator, or other electrical or mechanical energy producing device. 3. A generator, alternator, or other device used to convert the energy created by the rotation of the rotor into electrical or mechanical energy. WIND TURBINE GENERATOR HEIGHT: The distance between the ground and the highest point of the wind turbine generator, regardless whether that point is on a fixed or mobile part of the wind turbine generator. WIND TURBINE GENERATOR- BUILDING-MOUNTED: An on-site Wind Turbine Generator (WTG) used to generate electricity or produce mechanical energy for use on the property where it is located and attached to the building’s roof, walls, or other elevated surface. WIND TURBINE GENERATOR - LARGE: A commercial Wind Turbine Generator (WTG) used to generate and provide electricity to the electric utility grid. It may include nearby accessory facilities necessary to supply and transfer the ---PAGE BREAK--- electricity to the utility grid. These WTGs are greater than one hundred twenty (120) feet in height and shall not exceed four hundred (400) feet. WIND TURBINE GENERATOR - MEDIUM: An on-site Wind Turbine Generator (WTG) used to generate electricity or produce mechanical energy for use on the property where it is located having a height of greater than sixty (60) feet but less than or equal to one hundred twenty (120) feet. WIND TURBINE GENERATOR - SMALL: An on-site Wind Turbine Generator (WTG) used to generate electricity or produce mechanical energy for use on the property where it is located having a height of sixty (60) feet or less. YARDS: The open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward except as otherwise provided in this Ordinance, and as defined herein: YARD - FRONT: An open space extending the full width of the lot the depth of which meets the setback requirements of the zoning district. [See SETBACK.] Corner Lots: Shall provide front yard setbacks on all streets, frontages, or future road easements that have or may potentially have adjacent lots fronting on the same street (or across there from). YARD - REAR: An open space extending the full width of the lot, the depth of which meets the setback requirements of the zoning district. In the case of a corner lot, the rear yard may be opposite either street frontage. [See SETBACK.] YARD - SIDE: An open space which meets the setback requirements of the zoning district, extending from the front yard to the rear yard. [See SETBACK.] ZONING ADMINISTRATOR: The official designated by the County Board of Commissioners to administer and enforce the provisions of the Ordinance; the Zoning Administrator may be the Building Official, Building Inspector or other person charged with the responsibility of administering building, land use and/or other codes in Otsego County. ---PAGE BREAK--- ARTICLE 4 R1 RESIDENTIAL DISTRICT INTENT These districts are designed to provide for one and two family (duplex) dwelling sites and residential related uses. The uses permitted are intended to promote a compatible arrangement of land uses for homes, keeping housing areas free of unrelated traffic, nuisance land uses, and other negative influences on the residential environment. SECTION 4.1 PRINCIPAL USES PERMITTED No building or land shall be used and no building shall be erected except for one or more of the following specified uses: 4.1.1 One family dwellings 4.1.2 Two family dwellings (duplex) subject to the density standards for one family dwellings and a minimum lot width of one hundred fifty (150) feet 4.1.3 One detached guest house may be permitted, provided the use is accessory to the main dwelling, is constructed under the same standards as those required for the main dwelling, the parcel is double the minimum required land area for the district in Article 17 SCHEDULE OF DIMENSIONS, and the Health Department approves the sanitary system. 4.1.43 Publicly owned and operated parks, parkways, and outdoor recreational facilities 4.1.54 Existing farms and agricultural uses 4.1.65 Family Care Facilities 4.1.76 Cemeteries when developed on sites of ten (10) acres or more. Permit criteria include Article 21.4 4.1.87 The raising of nursery field stock, on sites of two acres or more, but excluding storage buildings, greenhouses, offices or other structural facilities, and excluding any outdoor storage of materials; the intent being to limit the use of land to raising plant materials 4.1.98 The following in-home uses provided no more than fifteen percent (15%) of floor area may be used for such a purpose: 4.1.98.1 Offices and home occupations when operated within the confines of a one family dwelling as an accessory to living quarters [Permit criteria for these uses include Article 21.12] 4.1.109 Structure for storage of the owner’s personal possessions and non-commercial activities. These structures shall not be used as residences. Structures shall meet the size requirements of Article 21.1.3 4.1.1110 WTG Building-Mounted: Permitted as an accessory use to an allowed Principal Use SECTION 4.2 PERMITTED USES SUBJECT TO SPECIAL CONDITIONS The following uses may be permitted, subject to the conditions herein imposed for each use, the review standards of Article 19 and only after the review and approval of the site plan by the Planning Commission. [See Article 21 for applicable Specific Requirements for Certain Uses, if any, and/or Article 23 for Site Plan Requirements.] 4.2.1 Churches, public libraries, public buildings (excluding public works garages and storage yards) and uses normally incidental thereto 4.2.2 Public, parochial, and other private elementary, middle, and/or secondary schools; and all accessory school bus parking lots 4.2.3 Colleges, and other institutions of higher learning, public or private, offering courses in general, technical, or religious education, all are subject to the following conditions: 4.2.3.1 Any use permitted herein shall be developed only on sites of at least five acres in area ---PAGE BREAK--- 4.2.3.2 No building other than a structure for residential purpose shall be closer than fifty (50) feet to any property line 4.2.4 Private, Non-commercial recreational areas and recreational facilities 4.2.5 Golf courses, or miniature golf courses, providing that: 4.2.5.1 Accessory restaurant and bar uses shall be housed within the club house. Uses strictly related to operation of the golf course itself, such as maintenance garage, or pro shop, may be located in separate structures. No structure, except minor rain shelters, shall be located closer than seventy (70) feet from the lot - line of any adjacent residential land and from any public right-of-way; 4.2.5.2 All parking areas shall be surfaced or so treated as to prevent any dust nuisance; 4.2.5.3 Refer to Article 21.11 for additional conditions pertaining to golf courses 4.2.6 Group care facilities meeting applicable state licensing requirements 4.2.7 Utility and essential service structures when their operating requirements necessitate locating the facilities within the district in order to serve the immediate vicinity (storage yards excluded). [Permit criteria include Article 21.10 regarding screening fence] 4.2.8 Personal Wireless Services Telecommunications Towers and Facilities one hundred fifty (150) feet or less in height, self-supporting (lattice) or guyed [Permit criteria includes Article 21.46] 4.2.9 WTG Small: Permitted as an accessory use to an allowed Principal Use 4.2.10 Unlisted property uses if authorized under Article 21.44 ---PAGE BREAK--- ARTICLE 7 RR RECREATION RESIDENTIAL DISTRICT INTENT The Recreation Residential District is designed to accommodate cottage and vacation home developments. It is intended that the vacation home areas be reasonably homogeneous by discouraging the mixing of recreation home areas with commercial resorts, business services and major institutional or community services. SECTION 7.1 PRINCIPAL USES PERMITTED No building or land shall be used and no building shall be erected except for one or more of the following specified uses: 7.1.1 One family dwellings 7.1.2 One detached guest house may be permitted, provided the use is accessory to the main dwelling, is constructed under the same standards as those required for the main dwelling, the parcel is double the minimum required land area for the district in Article 17 SCHEDULE OF DIMENSIONS, and the Health Department approves the sanitary system. 7.1.32 Accessory boat launching ramps, minor docks and accessory facilities provided they are developed as part of a residential lot. Permit criteria include Article 18 LOTS NEAR WATER 7.1.43 Public parks, parkways, scenic trails, playgrounds, recreation lands and forests, including accessory shelters and apparatus, and historical structures or display areas 7.1.54 Existing farms and agricultural uses 7.1.65 Home businesses or occupations and personal services as permitted in Article 4.1.8 and 5.1.4 7.1.76 Family Care Facilities 7.1.87 Bed and Breakfast/Tourist Homes 7.1.98 Travel trailers [Permit criteria include Article 21.33] 7.1.109 Structure for storage of the owner’s possessions and non-commercial activities. These structures shall not be used as residences. Structures shall meet the size requirements of 21.1.3. 7.1.110 WTG Building-Mounted: Permitted as an accessory use to an allowed Principal Use SECTION 7.2 PERMITTED USES SUBJECT TO SPECIAL CONDITIONS The following uses may be permitted, subject to the conditions herein imposed for each use, the review standards of Article 19 and only after the review and approval of the site plan by the Planning Commission. [See Article 21 for applicable Specific Requirements for Certain Uses, if any and Article 23 for Site Plan Requirements.] 7.2.1 Community boat launching ramps, docks and accessory facilities. 7.2.2 Golf courses as regulated in the R1 District [See Articles 4.2.5 and 21.11] 7.2.3 Private recreational areas and facilities. 7.2.4 Marinas 7.2.5 Restaurants without drive-through service, which are of an appearance and character consistent with permitted uses 7.2.6 Recreation camps or resorts 7.2.7 One detached guest house may be permitted, provided the use is accessory to the main dwelling, there is double the minimum required land area for the district and the Health Department approves the sanitary system. 7.2.78 Utility and essential service structures when their operating requirements necessitate locating the facilities within the district in order to serve the immediate vicinity (storage yards excluded). [Permit criteria include Article 21.10 regarding screening fences] ---PAGE BREAK--- 7.2.89 Personal Wireless Services Telecommunications Towers and Facilities one hundred fifty (150) feet or less in height, self-supporting (lattice) or guyed [Permit criteria includes Article 21.46] 7.2.910 Churches 7.2.101 WTG Small: Permitted as an accessory use to an allowed Principal Use 7.2.112 Unlisted property uses if authorized under Article 21.44 ---PAGE BREAK--- ARTICLE 8 FR FORESTRY RECREATION DISTRICT INTENT The FR Forestry Recreation District is designed to promote the use of rural areas in a manner that will retain the basic attractiveness and inherent values of natural resources. The intent of the District is to retain rural areas for resource purposes, but recognizing the need to allow multiple uses considered acceptable in a rural environment. SECTION 8.1 PRINCIPAL USES PERMITTED 8.1.1 One family dwellings 8.1.2 One detached guest house may be permitted, provided the use is accessory to the main dwelling, is constructed under the same standards as those required for the main dwelling, the parcel is double the minimum required land area for the district in Article 17 SCHEDULE OF DIMENSIONS, and the Health Department approves the sanitary system. 8.1.32 Growing and harvesting of nursery field stock 8.1.43 Farms and agricultural operations of all kinds, including temporary agricultural roadside stands, provided the stands are off the road right-of-way, operated only seasonally, that hours not exceed dawn to dusk, that large equipment, including semi-tractor-trailers, not be parked on site and that the parking requirements of Article 21.27 be observed 8.1.54 Tree farms, forest production and forest harvesting operations including temporary sawmills, temporary log storage yards and related facilities 8.1.65 Public and private parks, playgrounds, passive recreational areas, camping grounds, hunting grounds, fishing sites and wildlife preserves 8.1.76 Bed and breakfast/tourist homes 8.1.87 Family and group care facilities 8.1.98 Duplex dwellings 8.1.109 Fraternal lodges 8.1.110 Landing strips 8.1.121 Wildlife, plant, and habitat preservation areas 8.1.132 Cemeteries [Permit criteria include Article 21.4] 8.1.143 Riding academies or stables [Permit criteria include Article 21.35] 8.1.154 Travel trailers (on private property) [Permit criteria include Article 21.33] 8.1.165 Home occupation 8.1.176 Wireless Telecommunications Towers and Facilities one hundred ninety (190) feet or less in height, without lights [Permit criteria include Article 21.46] 8.1.187 Structures for storage of the owner’s personal non-farm possessions and non-commercial activities - These structures shall not be used as dwellings. Structures shall meet the size requirements of Section 21.1.3. 8.1.198 WTG Building-Mounted: Permitted as an accessory use to an allowed Principal Use 8.1.2019 WTG Small: Permitted as an accessory use to an allowed Principal Use 8.1.210 WTG Medium: Permitted as an accessory use to an allowed Principal Use ---PAGE BREAK--- SECTION 8.2 PERMITTED USES SUBJECT TO SPECIAL CONDITIONS The following uses may be permitted, subject to the conditions herein imposed for each use, the review standards of Article 19 and only after the review and approval of the site plan by the Planning Commission. [See Article 21 for applicable Specific Requirements for Certain Uses, if any and Article 23 for Site Plan Requirements.] 8.2.1 All permitted uses subject to special conditions, as permitted and regulated in the R1 District. 8.2.2 Sportsmen associations or clubs, including shooting ranges 8.2.3 Active recreation areas, stadiums and race tracks 8.2.4 Veterinary hospitals, clinics with indoor kennels [Permit criteria include Article 21.45] 8.2.5 Driving ranges 8.2.6 Game preserves 8.2.7 Gasoline stations with or without store 8.2.8 Detention facilities 8.2.9 Recreation farms (dude ranches) 8.2.10 Restaurants and/or taverns (without drive-through service) 8.2.11 Campgrounds (commercial) 8.2.12 Dog grooming and kennel facilities [Permit criteria include Article 21.45] 8.2.13 Golf courses and country clubs [Refer to Articles 4.2.5 and 21.11] 8.2.14 Hunt clubs (commercial) 8.2.15 Recreation camps or resorts 8.2.16 Surface mining of gravel, sand, clay, topsoil or marl [See Article 21.25 for criteria] 8.2.17 Travel trailer courts 8.2.18 Wireless Telecommunications Towers and Facilities over one hundred ninety (190) feet in height, or with lights 8.2.19 WTG Large 8.2.20 Anemometer Tower 8.2.21 Unlisted property uses if authorized under Article 21.44 8.2.22 Personal Wireless Services Telecommunications Towers and Facilities one hundred fifty (150) feet or less in height, self-supporting (lattice) or guyed [Permit criteria includes Article 21.46] ---PAGE BREAK--- ARTICLE 17 SCHEDULE OF DIMENSIONS 17.1 Table 1 - LIMITING HEIGHT, DENSITY AND AREA BY ZONING DISTRICTS (See also Article 21.1 Accessory Buildings and Article 22 General Exceptions for Area, Height, and Use) Zoning District R1 & R2 R3 RR FR & AR Reserved for future use Reserved for future use Min. Lot Area (Sq. feet) 20,000 .46 acre 40,000 .92 acre 20,000 .46 acre 88,000 2.02 acre Min. Front Setback 25 ft 25 ft 25 ft 50 ft Max. Front Setback NA NA NA NA Min. Side Setback 10 ft 10 ft 10 ft 20 ft Min. Rear Setback 30 ft h) 30ft h) 30 ft h) 40 ft Min. Lot width 100 ft 150 ft Duplex 100 ft 100 ft 150 ft 300 ft Duplex AR Max. % lot coverage 25% 25% 25% 30% Max. Building height 35 ft 35 ft 35 ft 35 ft Min. Ground Floor area of principal structure (Square feet) 720 720 720 720 Min. Width of principal structure 20 ft 11ft 20 ft 11 ft Zoning District B1 B2 B3 I HX MUZ MAIN ST TOWN CENTER Min. Lot Area (Square feet) 10,000 10,000 20,000 40,000 10,000 8,000 8,000 Min. Front Setback 30 ft 30 ft 30 ft 30 ft 30 ft Build- to- Area Build-to- Area Max. Front Setback NA NA NA NA NA NA NA Min. Side Setback 10 ft 10 ft 10 ft 10 ft 10 ft 5 ft 5ft Min. Rear Setback 20 ft d, f) 20 ft d, f) 20 ft d, f) 20 ft d, f) 20 ft d, f) 10 ft 10 ft Min. Lot width 100 ft 100 ft 100 ft 150 ft 150 ft 60 ft 60 ft Max. % lot coverage NA NA NA NA NA NA NA Max. Building height 35 ft 35 ft 35 ft 35 ft 35 ft 35 ft 35 ft Min. Ground Floor area principal structure (Square feet) NA NA NA NA NA NA NA Min. Width of principal structure NA NA NA NA NA NA NA Minimum front, side and rear setbacks, and maximum lot coverage modifications of up to twenty-five percent (25%) may be approved by the Zoning Administrator for nonconforming lots, as described in Article 21.26.1 and 21.26.2. ---PAGE BREAK--- Note a: Lots within five hundred (500) feet of lakes, ponds, flowages, rivers, streams: see Article 18, LOTS NEAR WATER. Note b: Where the front yards of two or more principal buildings in any block, or within five hundred (500) feet in existence at the time of the passage of this Ordinance (or amendment thereto), in the same zoned district or the same side of the road are less than the minimum front yard setback, then any principal building subsequently erected on the same side of the road shall not be required to provide a greater setback than the average for the existing two or more principal buildings. Note c: On the exterior side yard which borders on a residential district, there shall be provided a setback of not less than twenty (20) feet on the residential side in B1, B2, B3 and HX. Note d: Loading and unloading space shall be provided in the rear yard in the ratio of at least ten (10) square feet per linear foot of front building wall. Loading space shall not be counted as required off-street parking. Loading zones may be located in other non-required yards if screened or obscured from view from public streets and residential districts. Note e: Off-street parking may be permitted in the front yard, except that a ten (10) foot wide landscaped buffer is maintained between the front lot line (or right-of-way line) and the parking area. Note f: No building shall be placed closer than forty (40) feet to the outer perimeter of such district or property line when said use abuts a residential district boundary. Note g: Subject to approval by the Planning Commission, the maximum height of buildings may be permitted to exceed the maximum stated in the Schedule by up to fifty percent (50%) in R1, R2, R3, RR, B1, B2 and HX Districts; and up to one hundred percent (100%) in all other districts, provided that the applicant can demonstrate that no good purpose would be served by compliance with maximums stated, (as in the case of steep topography, a Planned Unit Development (PUD), or larger site); and further, there is no conflict with airport zoning height restrictions; fire safety is maintained subject to local fire authority approval; and the light, air and/or scenic views of adjoining property is not impaired. The Planning Commission and or Zoning Board of Appeals cannot allow a WTG height greater than allowed in Section 21.47 or a Wireless Telecommunication Towers and Facilities greater than the height allowed in the Zoning District PRINCIPAL USES PERMITTED or PERMITTED USES SUBJECT TO SPECIAL CONDITIONS. Also see Article 22 GENERAL EXCEPTIONS FOR AREA, HEIGHT AND USE . Note h: Section 21.1 allows a rear setback of ten (10) feet for accessory buildings other than guest houses. Note i: The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in this Ordinance. Note j: In instances where the property is adjacent to a public right of way or ingress egress easement dedicated as permanent adequate access to one or more lots, the setback shall be measured from that right of way or ingress egress easement. Note k: Specific allowable uses have greater minimum lot widths as required in the Zoning District allowable use lists. Note l: Specific allowable uses have greater allowable heights as stated in the Zoning District allowable use lists, Article 21 and Article 22, Section 22.3 Height Limits, of this ordinance Note m: For accessory structures, total useable square footage will be used to determine compliance with the lot coverage requirement. For example, the total usable square footage of a 30’x40’ accessory structure with a second story containing an additional 10’x20’ storage area would be 1,400 sqft (1,200 sqft of the main building plus the additional 200 sqft of storage space on the second level). ---PAGE BREAK--- 17.2 MULTIPLE DWELLINGS - BULK, DENSITY AND AREA Minimum floor area per each unit Lot size Minimum width 200 feet at front building line Efficiency 250 square feet Minimum 40,000 square feet for any combination of six bedrooms One bedroom 400 square feet Two bedroom 500 square feet For every bedroom over six add 1,000 square feet to the minimum lot size Three bedroom 600 square feet Multiple Dwellings require a County Health Department written approval and/or permit for all proposed or installed septic tanks and wells. For the purpose of applying yard regulation, multiple-family dwellings shall be considered as one building occupying one lot. When more than one multiple-dwelling building occupies one lot, the structures must be separated by at least thirty (30) feet when end to end, sixty (60) feet when back to back or face to face, and forty (40) feet when end to face or back. ---PAGE BREAK--- ARTICLE 21 SPECIFIC REQUIREMENTS FOR CERTAIN USES SECTION 21.1 ACCESSORY BUILDINGS Amended 7.30.2019 21.1.1 Accessory buildings in the R1, R2, R3 & RR Districts shall be subject to the side and front yard setback requirements as regulated in Article 17 SCHEDULE OF DIMENSIONS., Accessory buildings, with the exception of guest houses, but need not be farther than ten (10) feet from the rear property line. 21.1.2 In residential districts all accessory buildings and uses shall be in the rear yard except in the case of one detached private garage or guest house which may be allowed in the side or front yard, provided it maintains the setback requirements as regulated in Article 17 SCHEDULE OF DIMENSIONS. 21.1.3 Accessory buildings two hundred (200) square feet or less do not require a zoning permit. Such buildings must maintain the setback requirements defined in Article 17 SCHEDULE OF DIMENSIONS. 21.1.4 Agricultural buildings and structures incident to use for agricultural purposes are exempt from accessory building requirements. 21.1.5 Accessory buildings, other than a guest house, shall not be used for residences. 21.1.6 Accessory building may not be used for commercial storage. Accessory structures incident to a permitted or special use in the zoning district which it is located are permitted (ie.an accessory building for the storage of golf carts would be allowed on an approved golf course in a RR District).