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COUNCIL MINUTES 1952-10-27
Page 881 MINUTES OF THE EIGHTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 27, 1952, above meeting was held at 33211 W Seven Mile Road, Livonia, Michigan, and was called to order at approximately 8 02 P M by the President of the Council, Harry S Wolfe Roll was called with the following result: Present-- Harry S Wolfe, Wilson W Edgar, Raymond E Grimm, Nettie Carey, John Whitehead and William Taylor. Absent-- Harold Bower. Minutes of the 80th regular meeting of the Council of the City of Livonia held on October 13, 1952, were read and approved. By Councilman Edgar, seconded by Councilman Carey and unanimously adopted as follows, it was: #244 RESOLVED, that the request of LeRoy and Louis Lewis for transfer of ownership '52 SDM license from Salvatore Venturi, 27710 Plymouth Road, Livonia, Michigan, be and hereby is approved The report of the Violations Bureau in the Justice Court for the month of September, 1952, was read and placed on file. The report of the Finance Committee for the month of September, 1952, was received, approved and filed, and a summary of such report was ordered spread upon the minutes of this meeting as follows: General, Legislative & Administrative- Executive $ 77 67 Legislative 376 00 City Clerk 373.99 City Treasurer 57 27 Department of Law 96 74 Justice Court 256.48 Civil Service Commission 276 40 Election Commission 411 38 City Hall 285 95 Court Building 312.46 Civilian Defense 8 76 $ 2,533.10 Page 882 Department of Public Safety. Police Department 2,167 20 Fire Department 11,150.73 Inspection Department 134 42 $ 13,452.35 Department of Public Works $ 29,675 92 $ 29,675 92 Department of Parks & Recreation $ 412.29 $ 412.29 General Ledger Accounts: Inventory $ 1,059.90 Acquisition of Land-Taxes & Title 72 53 New City Hall 24,310 39 Insurance 1,450.39 S.D.S. #1 70 Deposit on Bbls 6 00 $ 26,899 91 $ 72,973 57 By Councilman Grimm, seconded by Councilman Taylor and unanimously adopted, as follows, it was #245 RESOLVED that, pursuant to Section 8, Chapter V of the Charter and the recommendations of the City Treasurer dated October 21, 1952, the appointment by the Treasurer of Theodora Cutshall as Deputy Treasurer is hereby confirmed By Councilman Edgar, seconded by Councilman Carey and unanimously adopted as follows, it was. #246 RESOLVED, that the annual budget of the City of Livonia for the fiscal year commencing December 1, 1952, as submitted to the Mayor and filed by him with the Council, be set for public hearing on Monday, November 10, 1952, at 8:30 P M in the Court Building, 33211 W Seven Mile Road, Livonia, Michigan, and that notice of such hearing be published in the Livonian on October 31, 1952, pursuant to the Charter. By Councilman Taylor, seconded by Councilman Carey and unanimously adopted as follows, it was. #247 RESOLVED, that the hour of 8:30 P M having arrived, all sealed bids received on construction of the proposed new Dog Pound be IL* opened Page 883 The City Clerk thereupon opened and read all bids received as follows: General Contractor Base Bid Alternate "A"" Andrew C. Smith $ 22,887 00 - $673 00 R D Boschma Co. 19,962.70 - 822 00 Wolfe Construction Co 22,870 00 - 930.00 Orr Brothers 19,400 00 - 930 00 Architectural Wolfe Construction Co $ 17,425 00 - $780.00 Trades Mechanical John M Campbell Trades (plumbing only) $ 1,685 00 Electrical Hubbs & Gilles $ 892.70 By Councilman Whitehead, seconded by Councilman Taylor and unanimously adopted as follows, it was. #248 RESOLVED, that the foregoing bids be referred to the architects Gould & Moss and the Department of Public Works for their recommendations and report to the Council. By Councilman Carey, seconded by Councilman Whitehead and unanimously adopted as follows, it was: #249 RESOLVED, that all bids received on fire hose be opened and read. The City Clerk thereupon opened and read all bids received as follows: Eureka Fire Hose, 3128 Guardian Building, Det. 26 American-LaFrance-Foamite Corp , 52 E. Woodruff Ave , Hazel Park 3 The Bi-Lateral Fire Hose Co., 20 N Wacker Drive, Chicago 6 By Councilman Carey, seconded by Councilman Whitehead and unanimously adopted as follows, it was. #250 RESOLVED, that the foregoing bids on fire hose be referred to the Fire Chief for his report and recommendations thereon. On motion of Councilman Taylor, seconded by Councilman Carey and unanimously adopted, this meeting was adjourned to Tuesday, October 28, 1952, at 8.00 p.m. at the City Court Building, the time of this adjournment being 8:55 P M , October 28, 1952. Attests . 14 /5 Clark, City Clerk Har S Wolf President Page 884 MINUTES OF THE ADJOURNED EIGHTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 28, 1952, above meeting was held at 33211 W Seven Mile Road, Livonia, Michigan, and was called to order at approximately 8.07 P M by the Vice-President of the Council, Wilson W Edgar Roll was called with the following result: Present-- Wilson W Edgar, Raymond E. Grimm, Nettie Carey and William Taylor Absent-- Harry S Wolfe, Harold Bower and John Whitehead Clarence Hoffman, Director of Parks and Recreation appeared before the Council and made a verbal statement as to proposed plans for parks in Section 35. All members agreed that this matter will be held in abeyance until the Council is in receipt of a written communication together with recommendations from the City Planning Commission Councilman Whitehead arrived at this point, the time being 8 25 P M , and thereafter participated in the meeting until it was adjourned The City Clerk read communication from City Planning Commission dated September 13, 1952, containing resolution passed by such commission on September 11, 1952, tentatively approving the proposed plat of Livonia Estates Subdivision The City Clerk also read in connection with this matter the report and recommendation of Herald Hamill, City Engineer, dated October 25, 1952, made on behalf of the Department of Public Works and pertaining to the same subdivision By Councilman Carey, seconded by Councilman Taylor and unanimously adopted as follows, it was: #251 RESOLVED, that the City Clerk communicate with the Planning Commission and inquire as to the reason for tentatively approving the proposed plat of Livonia Estates Subdivision where it appears that there are lots having a width less than that required by Ordinance No. 19 and by Section 4 07 of the Subdivision Rules and Regulations, and likewise the reason for the street design By Councilman Whitehead, seconded by Councilman Grimm and unanimously adopted as follows, it was. Page 885 #252 RESOLVED that, pursuant to the recommendations of the City Planning Commission dated September 13, 1952, and the recommendations of the City Engineer dated October 25, 1952, the proposed plat of Livonia Estates Subdivision is tentatively approved on condition that final approval shall not be given until the final plat has been corrected to show no lots having a width less than 55 feet and an area less than 6600 square feet, on the further condition that all of the improvements stated in said recommendation of the City Engineer be constructed and installed subject to the approval of the Department of Public Works or, in lieu thereof, a cash or surety bond to be furnished to the City of Livonia in the amount of 3300,000.00 in such form as may be approved by the City Attorney, and on the further condition that said plat be prepared and completed in full compliance with the Subdivision Rules and Regulations and the Plat Ordinance otherwise known as Ordinance No 44 of the City of Livonia Architect, Thomas W Moss, presented to the Council his report and tabulation on bids received on proposed new Dog Pound Councilman Whitehead made a motion that the following resolution be adopted. #253 RESOLVED, that the bid of Orr Brothers on construction of the new Dog Pound be accepted pursuant to the recommendations of the architect Thomas W. Moss; that the City of Livonia enter into a contract with the said bidder pursuant to such bid and that the Mayor and City Clerk be authorized to sign such contract on behalf of the City of Livonia. The foregoing motion was seconded by Councilman Carey and a roll call vote was taken thereon with the following result. AYES: Whitehead NAYS. Grimm, Taylor, Carey and Edgar Vice-President Edgar declared the foregoing resolution not adopted By Councilman Carey, seconded by Councilman Taylor and unanimously adopted as follows, it was. #254 RESOLVED, that all bids heretofore received on the construction of a proposed new Dog Pound are hereby rejected; that the architect reconsider the plans for such dog pound and the methods for reducing the cost of same and that a request for bids be re-advertised at a later date By Councilman Grimm, seconded by Councilman Taylor and adopted as follows, it was- #255 RESOLVED that, pursuant to the recommendation of Fire Chief Roberts the bid of Bi-Lateral Fire Hose Company on new fire hose is hereby accepted and the Fire Department is hereby authorized to purchase such hose in conformance with said bid A roll call vote was taken on the foregoing resolution with the following result. AYES Grimm, Whitehead, Carey, Taylor and Edgar NAYS: None Page 886 By Councilman Taylor, seconded by Councilman Carey and adopted as follows, it was- #256 RESOLVED that, pursuant to the final estimate dated September 29, 1952, of Hubbell, Roth & Clark, Inc , consulting engineers, the report of the Department of Public Works dated October 27, 1952, and the report of the City Clerk dated October 28, 1952, the sum of $17,791 10 be paid to Sudgen & Sevier, Inc on its contract with the City of Livonia on construction of Section No 2 of Sewage Disposal System No. 1; and that the balance of $2,000.00 be retained by the City until all outstanding claims have been determined, adjusted and satisfied A roll call vote was taken on the foregoing resolution with the following result AYES. Grimm, Whitehead, Carey, Taylor and Edgar NAYS• None. By Councilman Grimm, seconded by Councilman Whitehead and adopted as follows, it was #257 RESOLVED that, pursuant to the final estimate dated September 29, 1952, of Hubbell, Roth & Clark, Inc , consulting engineers, the report of the Department of Public Works dated October 27, 1952, and the report of the City Clerk dated October 28, 1952, the sum of $17,924.00 be paid 111 to Greenfield Construction Company on its contract with the City of Livonia on construction of Section No 3 of Sewage Disposal System No 1, and that the balance of $2,000 00 be retained by the City until all outstanding claims have been determined, adjusted and satisfied. A roll call vote was taken on the foregoing resolution with the following result: AYES. Grimm, Whitehead, Carey, Taylor and aY Edgar NAYS- None. By Councilman Carey, seconded by Councilman Taylor and adopted as follows, it was. #258 RESOLVED that, pursuant to the final estimate dated September 29, 1952, of Hubbell, Roth & Clark, Inc , consulting engineers, the report of the Department of Public Works dated October 27, 1952, and the report of the City Clerk dated October 28, 1952, the sum of $10,000.00 be paid to Coulter Bros Co on its contract with the City of Livonia on construction of Section No. 4 of Sewage Disposal System No 1; and that the balance of $6,604.70 be retained by the City until all outstanding claims have been determined, adjusted and satisfied A roll call vote was taken on the foregoing resolution with the following result. AYES• Grimm, Whitehead, Carey, Taylor and Edgar. NAYS: None Page 887 Jack Spanich appeared before the Council and made a statement concerning the proposed reclassification of his property on Five Mile Road A ten minute recess was called at 10.40 P. M. following which the meeting reconvened with the following members present. Wilson W Edgar, Raymond E. Grimm, William Taylor, Nettie Carey and John Whitehead. The City Clerk read the minutes of the meeting of the Committee of the Whole held on October 20, 1952, and such minutes were received as a report and placed on file. By Councilman Grimm, seconded by Councilman Taylor and adopted as follows, it was. #259 RESOLVED, that the sum of $1,066 57 be appropriated from the Unallocated Fund to the Insurance Budget to cover additional insurance premiums. A roll call vote was taken on the foregoing resolution with the following result: AYES- Grimm, Whitehead, Carey, Taylor and Edgar NAYS: None I!! By Councilman Taylor, seconded by Councilman Whitehead and unanimously adopted as follows, it was: #260 RESOLVED, that November 2, 1952, at 2:30 P. M. be set aside as the time for laying of the corner stone of the new City Hall and that a committee be appointed to assist in the program, and that the committee tentatively appointed by the Chairman of the Committee of the Whole is hereby approved The City Attorney read the report of the Committee of the Whole consisting of the minutes of its meeting held on October 24, 1952 By Councilman Whitehead, seconded by Councilman Grimm and adopted as follows, it was. #261 RESOLVED, that the report and recommendations of the Committee of the Whole, as contained in the minutes of its meeting held on October 24, 1952, be and hereby are accepted and approved, with the exception that the M-1 District in Section 23 be left as it was in the old Zoning Map 111 A roll call vote was taken on the foregoing resolution with the following result: AYES. Grimm, Whitehead, Carey and Taylor NAYS- Edgar Page 888 II/ By Councilman Grimm, seconded by Councilman Whitehead and unanimously adopted as follows, it was: #262 RESOLVED, that the reports and recommendations of the City Planning Commission on the proposed new Zoning Ordinance as contained in the resolution of the Commission adopted September 4, 1952, and its resolution adopted October 16, 1952, are hereby accepted and approved, except insofar as any portions thereof may be in conflict with the report of the Committee of the Whole on matters considered at its meeting of October 24, 1952, that all proceedings on such proposed new Zoning Ordinance are hereby approved, the Council having determined that a public hearing was duly conducted thereon after proper notice, as required by law Vice-President Edgar read a letter from President Wolfe dated October 28, 1952 By Councilman Grimm, seconded by Councilman Carey and unanimously adopted as follows, it was. #263 RESOLVED, that the letter of President Wolfe dated October 28, 1952, be spread upon the minutes of this meeting as follows 11 III "Due to circumstances beyond my control I am unable to attend the adjourned meeting to be held October 28, 1952 "I have carefully read the proposed zoning ordinance as submitted by the Livonia Planning Commission and feel that they, with the assistance of our City Attorney and Planner, have done a marvelous job of setting up a modern zoning ordinance for the City of Livonia "I am thoroughly satisfied with the zoning ordinance as submitted and want to express my feeling that it should be adopted by the Livonia City Council "This of course is with the full realization that if we took three years to study and adopt a new zoning ordinance we would probably need some changes within a very short time after its adoption "I am sure that none of the members of the Council or Planning Commission want to work an undue hardship on anyone and will constantly endeavor to bring about regulations for better conditions for all in Livonia." Councilman Grimm introduced the following ordinance. Page 889 NO. 60 AN ORDINANCE 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, TIIE 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 1.00 TITLE, PURPOSE, CONSTRUCTION AND ENABLING AUTHORITY Section 1.01 Title. This Ordinance shall be known and cited as the Zoning , IOrdinance. Section 1.02 Purpose. The 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 environment 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, recreation, 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 'faster Plan of the City of Livonia; and that provide more reasonable and serviceable means 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 common unity of purpose, adaptability or 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 genera], rights and interests of all, aid to promote improved wholesome, 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 other structures, including the percentage of plot occupancy and coverage, street setback lines, sizes of yards, and other open spaces. Page 890 Section 14; Construction. This Ordinance shall be liberally construed in such manner as to beat effectuate its purpose. In interpreting and applying the provisions 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. When- ever 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 en' deeper p yards than are imposed or required by existinf, provisions of law or ordinance, the provisions of this Ordinance shall govern. Where, however, the provisions of the State Housing Code or other ordinance or regula;.ions of the City of Livonia impose requirements for lower heights of builaings or less percentage of lot that may be occupied or require wider or larger courts or deeper yards than are required by this Ordinance, the provisions of the State Housing Code 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 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 Cnablintz Authority. This Ordinance is adopted pursuant to Act 207, Public Acts of ::ichigan, 1921, as amended; Act 285, Public Acts of ichLgan, 1931, as amended; Act 208, Public Acts of Michigan, 1949; 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 Net as if they were word for word repeated herein. ARTI 2.00 - DEFINITIONS Section 2.01 `'•eanine of Words eed Phrases._ The words and phrases defined in this article, when used in this ordinance, shall, for the purpose of this ordinance, ewe have the meanings ascribed to them in this article, except in those cases where the context 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. Sec ion 2 0 Alley. A passage or way oven 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. Section 2.03 Dulautte That portion of a building which is wholly 1y or partly below the aversYe grade of the ground level adjoining the building is a basement when the height from, the „rade up to the first floor level is less than the height from the grade level down to 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 considered a story. Section 2.04 Board. The Zoning Board of Appeals created pursuant to the provisions of Act 2C7, Public Acts of ==ichigan of 1921, as amended. Section 2.05 Besrdine House. Any dwelling occupied as a home or family unit where a certain room or rooms, in excess of those used by members of the immediate limfamily, are leased or rented to persona not members of the family. The tern "boarding house" includes rooming houses, and also tourist homes and tourist accommodations other than motor courts. Page 891 Section 2.06 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. 11! Sectic._ 2.07 3uildIn: Accessory. A subordinate building or structure on the ca:.1e lot, or part of the main building, occupied by or devoted exclusively to an accessory use. Section 2.08 Building Line. The front line of the building or the legally established line which determines the location of the building with respect to the street line. Section 2.09 Commission. The : ty Planning Commission created pursuant to the provisions of Act 285, Public Acts of :ichigan of 1931, as amended. Section 2.10 District. Any section of the incorporated parts of the City of Livonia for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform. Section 2.11 Dwelling,. A dwelling is any house, building, structure, tent, shelter, trailer or vehicleor portion thereof which is occupied in whole or in part as the home, residence, living or sleeping place of one or more human beings, either permanently or transiently. In case of mixee occupancy, where a building is occupied in part as a dwelling, that part so occupied shall be deemed a dwelling for the purpose of this ordinance and shall comply with the provisions relative to dwellings. Garage space, whether in an attached or detached garage, shall not be deemed a part of a dwelling. ii. Sectio 2.,x,2 threilin^: Cee Fly. A dwelling occupied by but one (1) family, and so designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities for ono (1) family only. Section 2.13 Dti� rv. A dwelling occupied by but two (2) families, and so designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities for two (2) families only. Section 2.14 )weIlingt Two Fiumtpr Income. A two family income dwelling is a private dwelling, one and one-half (1D stories or more in height, having one heating plant, a single entrance and the appearance of a single dwelling, but containing separate living apartments so designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities for two (2) families. Sect .on 415 Dyellinj :`ultiele. A building used or intended to be used as a dwelling by three (3) or more families, or as an apartment house, terrace dwelling or hotel, but not including a motel or motor court. Section 2.16 Erected. The word "erected" includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. :'xcavations, fill, drainage, and the like, shall be considered a part of erection. Section 2.17 .:ssontial Services. The phrase "essential services" means the erection, construction, alteration, maintenance, addition, reconstruction, or replacement tim.. by public utilities or municipal departments or commissions of underground, surface, or over- head gas, electric, communication, steam or water transmission or distributing systems, collection, supply or dyeposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, signals,fire alarm boxes, police call boxes, traffic hydrants, towers and other similar equipment and accessor{es in connection therewith reasonably necessary for the furnishing of adequate utility service by such public utilities or 4- Page 392 municipal departments or commissions or for the public health or safety or general welfare; but not including buildings. S9ction 2.18 Family. A family is any number of persons living together III in a room or rooms uprising a single housekeeping unit and related by blood, marriage, adoption, or any unrelated person who resides therein as though a mother of the family and including the domestic employees thereof. Any group of persons not so related but inhabiting a single house, 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. Section 2.19 Farm. A farm is a platted or unplattod parcel of land more than three (3) acres in area. Section 2.2C Floor A_,_rea. Floor area shall be the area included within the outside lines of the exterior walls of the main structure at the ground floor level, not including garages, breesewaye or enclosed or unenclosed porches, and not including attached utility or accessory roams having three or more exterior sides. Section 2egl Gcac;e Coznct it . A community garage is a structure, or a series of structures, for the storage of motor vehicles, having no public shop or services in 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. Section 2.22 %rages Private. A private garage io a structure for the storage 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 (60C) li! square feet. Section ' =arajejPublic. 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 arc 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. Section 2.24 asoli:ne Service Station. A gasoline service station is a building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles, and including the customary space and facilities for the installation of such commodities on or in such vehicles, but not including space for facilities for the storage, repair, refinishing, or the servicing thereof. Section 2.25 Height of Buildings. The vertical distance from the ground level ad,oining the building to the highest point on the roof surface in the case of a flat roof, to the ridge line for mansard roofs, to the ridge for gable, hip or gambrel roofs. Section p.26 Home Occuption. Andy occupation or profession carried on by a member of a family, residing on the promisee, in connection with which there is used no sign other than one Cl) non-illuminated name plate attached to the building entrance which is not more than c .a (1) square foot in area; provided that no commodity is sold ee upon the premises; provi-i _'_ that no person is regularly employed for commercial purposes other than a member of the immed_eee family, residing on the premises; and provided that no mechanical equipment is used e:::.pt such as is normally used for domestic or household purposes, but this shall not include t":, office of a veterinarian. Page 893 Section 2,27 ::otel. A building, or part thereof, occupied as the more or less temporary abiding place of individuals in which the rooms are usually occupied singly for hire and in which rooms no provision for cooking is made, and in which building there is a general kitchen and public dining room for the accommodation of the occupants. The word "hotel" shall not include a motel or motor court. r... Section 2,28 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. Sec}tion 2,29 Junk Ya 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 equipment and excluding pawn shops, establishments for the sale, purchase or storage of used cars, salvaged machinery, used furniture, radios, stoves, refrigerators, or similar household goods, and the processing of used, discarded, or salvaged materials as part of manufacturing operations. Section 2,30 Lot; In General. A lot is a piece or parcel of land occupied or to be occupied by a building, structure or use, or by other activity permitted thereon and including the open spaces required under this ordinance. A lot need not be a lot of existing record. Section 2.31 Lot: Corner. A corner lot is a lot of which at least tro adjacent sides abut for their full length upon a street. ILSection 2. 2 Lot.; Double Frontage. A double frontage lot is a parcel of land which extends from one street to another street. Section 2.33 Loth ?nterior. An interior lot is a lot other than a corner lot. Seq on 2.34 Lot Line: Front. The line abutting a street. On a corner lot the shorter street line shall be considered the front lot line. ';here new street lines are established by ordinance or the :'aster Thoroughfare Plan of the City of Livonia, such lines shall be the front lot line. Section 2.25 Lot Linea new. The rear lot line is that boundary which is opposite and most distant from the front lot line. In the ease of a lot pointed at the rear, tie roar lot line shall be that assumed line parallel to the front lot line, not less than ten (1C) feet long, lying most distant from the front lot line and wholly within the lot. Section 2416. Lot Lino' Side. A side lot line is any lot boundary line not a front lot line or a rear lot line. A side lot lino separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior lot line. Section 2.37 O 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 and which actually exists as so shorn. IL Section 2 38 'aster Thoroughfare Plan. Part I of the 'Aster Plan of the City of Livonia, which part relates to the major street system of the City and was adopted pursuant to the provisions of Act 235, Public Acts of ':"ichigan of 1931, as amended. Page 894 Section 2.39 :.otor Court. Any establishment in which individual cabins, courts, or similar structures or units, are let or rented to transients for periods of less than one month. The term "motor court" shall include Tourist Cabins and -otels. A motor court or motel shall not be considered or construed to be either a multiple dwelling or a hotel. III Section 2.40 1ccupied. The word "occupied" includes arranged, designed, built, altered, converted to, rented, or leased, or intended to be occupied. Section 2.L `utlet. An outlet is a parcel of land which must be designated on a recorded plat as an outlet before it nay be legally considered as such. Sectipn 2.42 Parking Spade. An area not less than nine (9) feet wide by twenty (20Y feet long, together with a driveway connecting such parking space with a street or alley and permitting ingress and egress of a motor vehicle. Section .1.43 Person. The word "person" as used in this ordinance shall be construed to mean natural persons, firms, co-partnerships, corporations and all associations of natural persons, corporated or unincorporated, whether acting by themselves or by a servant, agent or employee. Section 2.44 Public Utility. Any person, firm, corporation, municipal department or board duly authorized to furnish, and furnishing to the public, under municipal regulations, electricity, gas, steam, telephone, telegraph, transportation 1 or Nater. Section 2.45 Public Utility Building. This term shall include telephone exchange buildings, transformer stations and substations, gas regulator stations and IIIsimi 1 ar structures. Section 2. 6 Rural Urban Farm. A residential farm consisting of a platted or unpiatted parcel of land containing an area not less than one-half (2) acre nor more than three (3) acres. Section 2.47 Story. That portion of a building included between the surface of any floor and the surface of the floor next above, or if there should be no floor above, then the space between the surface of any floor and the ceiling next above. Section 2.48 Story: 1?a1.f. A half story is an uppermost story lying under a sloping roof, the usable floor area of which does not exceed seventy-five (75) percent of the floor area of the story irrePediately below it. Section 2.49 Street. A street is any thoroughfare: or way, other than public alley, dedicated to the use of the public and open to public travel, whether designated as a road, avenue, highway, boulevard, drive, lane, circle, place, court, terrace or similar designation, or a private street open to restricted travel, at least thirty (30) feet in width. Section 2.30 Subdivision Lesul.ations. ^ogulations adopted by the City Planning Commission on January 9, 1952, pursuant to the provisions of Act 285, Public Acts of 1 i chigan of 1931, as amended. Section 2.51 Tourjst Home. A dwelling furnishing over night sleeping quarters to transient quests, and containing not more than three (3) guest bedrooms. lig Section 2.52 Trailer Coach. Any house car, house: trailer or similar mobile unit which may be used for dwelling or sleepin7 quarters. Page 895 Section 2.53 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 2.54 Use. The purpose for which land or buildings thereon are I!! designed, arranged or intended to be occupied or used, or for which they are occupied or Tzaintained. Section 2..5 Usel Accessory. A use normally incidental to, and subordinate to, the principal use of the premises. Section 2.56 Yard; Front. A front yard is an open space extending the full width of a lot, and of a uniform depth measured horizontally at right angles to the front lot 1:_n:, enoccupied from the ground upward except as hereinafter specified. :ec#.ion 2.57 Yarch Rear. A rear yard is an open space extending the full width of a lot, and of a uniform depth measured horizontery at right angles to the rear lot line and unoccupied from the ground upward except as hereinafter specified. Section 2.58 Y$rd; Sides. A side yard is an open space extending from the front yard to the rear yard, and of a uniform width measured horizontally at right ankles to the side lot line and unoccupied from the ground upward except as hereinafter specified. AR i'I CL._ 3.00 JI STRI C TS Section 3,01 Creation of Dietx cts. For the purpose of this ordinance the IIICity of Livonia is hereby divided into the following districts which shall be known by the following respective names and symbols* R-1 Districts - One Family Residential Districts R-2 Districts - Two Family Residential Districts R-3 Districts - •ultiple Family Residential Districts R-U-F Districts - Rural Urban Farm Districts A G Districts - General Agricultural Districts C-1 Districts - Local Business Districts C-2 Districts - General Business Districts C C District - Civil Center District P-1 Districts - Parking Districts `"--1 Districts - Light Industrial 'Districts "-2 Districts - General Industrial Districts Sectio 342 Adoption of Zoning 'ojp. The attached map, as identified by the signatures of the Mayor and City Clerk, together with all proper 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 nap were fully described therein. Section 3,0 r)istr#t Areas. The areas assigned to and included in the districts created in Section 3.01 of this Ordinance, together with the designation and boundaries of said districts as shown on the Zoning ':ap of the City of Livonia, are hereby established. Page 896 Section 3.04 Sections of Zonin ag. The Zoning ap of the City of Livonia is hereby divided into thirty-six 3 sections which shall be the same in area, boundaries and location as the thirty-six (36) sectionsof the Township of Livonia, also known as Town One (1) South, Range 'Fine (9) ..ast, Wayne County, ichiganand which shall IIIbe known by the same section numbers as the corresponding sections of said township. Section 3.C5 Amendments of Zoni g i'ap. The Zoning "ap of the City of Livonia may be amended from tine 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. ::.;,.ch map showing an amendment shall be designated "Amendment 'so. to the Zoning 'ap or the City of Livonia" and shall be given a number. Whenever the Council shall cause the Zoning ''ap of the City of Livonia to be amended as a whole, such map shall contain and show all prior amendments. . ach amendment stating or describing a change in the districts, areas or boundaries establishe<: by the provisions 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 publishing at length the section or sections amended, as provided in Section 23, Chapter IV, of the Charter. Section 3.06 3oundari.es of_Districts. Unless othersise shown, the district boundaries are street lines, alley lines or the subdivision or boundary lines of recorded plats, or the extensions thereof, and where the districts designated on the Zoning 'ap of the City of Livonia are approximately bounded by street lines, alley lines, or the subdivision or boundary lines of recorded plats, such lines or the extensions thereof shall be considered to be the district boundaries. The Commission shall have power to interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of said map where the street or alley layout actually on the ground varies from the layout as shown on said map after notice and hearing to parties owning property involved in such interpretation. Where, due to the scale or illegibility of said map or 111 due to the absence of street, alley, or recorded subdivision or plat lines, there is any uncertainty, contradiction, or conflict as to the intended location of any district boundaries on said map, the Commission shall have the power and duty of interpreting the intent of said map so as to determine and designate the proper location for such district boundaries in accordance with the spirit and purpose of this ordinance. Section 3.07 Districting o ' Vacated Streets. Where a street or alley shown on the Zoning :ap of the City of Livonia is hereafter vacated, the land formerly in such street or alley shall be included within the district of adjoining property on either side of said vacated street or alley, and in the event such street or alley was a district boundary between two or more different districts, the new district boundary shall be the former center line of such vacated street or alley. Section 3.08 District Regulations. :ash district, as created in this article, shall be subject to the regulat': a contained in this ordinance. ,IRTICL:. 4.00 — GENERAL iAL ,UG LATIO1S Section 4.01 Aullati.on of this Article. The provisions of this article shall apply to all districts within the City of Livonia, except where otherwise expressly stated in this ordinance. Section 4.02 Scope. "`o land, building or structure, or part thereof, shall r hereafter be erected, constructed, reconstructed, altered, maintained, used or occupied except in conformity with the provisions of this ordinance. Page 897 Section 4.03 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 building permit issued prior to the effective date of this ordinance, may be completed IIIand used in accordance with the plans and application on which said building permit was granted. Section 1004 Building 'ratdos. 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 adjoining 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 beginning at the 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 be not less than six (6) inches nor 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 existing buildings or adjacent to en existing building, the existing established grade shall have priority over determining the grade around the new building and the yard around the new building shall be graded in such a manner as to meet existing grades and not e.. permit run--off of surface water to flow onto the adjacent properties. grades shall be approved by the Department of Public Works. Section 4,05 animwx Lot Sine and Width,. The size and minimum width of each residential lot on which or in relation to Which any buildine or use is affected by the provisions of this ordinance shall not be less than - III (a) as to all lots within Sectior:3 34, 35 and 36 of the City of Livonia, sixty-six hundred (6600) square feet in area and fifty-five (55) feet in width (b) as to all lots within Sections 1 to 33, inclusive, of the City of Livonia, seventy-two hundred (7200) square feet in area and sixty (60) feet in width; (c) the area and minimum width fixed by ordinances of the City of Livonia; and (d) the area and mini^wm width fixed by the Subdivision Regulations, and the rules and decisions of the City Planning Commission; provided, however, that in passing upon or approving any proposed plat of a new subdivision, and in order to avoid a hardship or in'ustice, the City Planning Commission is authorized to reasonably construe such minimum widths of fifty-five (55) and sixty (60) feet as the average width of the lots within such plat; and, provided further, that the provisions of this section shall not apply to a lot, or a piece or parcel of land platted and identified as a single unit on a plat officially approved and recorded prior to the effective date of this ordinance. Section 4,06 Aperav l of Plats. :o proposed plat of a new subdivision shall be hereafter approved by either the City Council or City Planning Commission unless the lots within such plat equal or exceed the minimum size and width requirements sot forth in Section 4.05 of this ordinance, and unless such plat fuller condom with the statutes 60 of the State of :'ichigan, the Ordinances of the City of Livonia and the Subdivision Regulations. Page 898 Section ! .G�7 ; inimun Lot Area for Dwellings. The minimum lot areas required for the sites of all dwellings, together with accessory buildings, hereafter erected, are hereby established as follows: (a) One-family dwellings. Lech one-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 provided in Section 4.05 of this ordinance. (b) Other dwellings, 'ach dwelling, other than a one-family dwelling, shall be located on a lot of a size and width not less than the minimum requirements for a lot provided in Section 4.05 of this ordinance, plus four hundred (400) square feet for each room of eighty (80) or mor© square feet used for dwelling purposes in excess of ono (1) living unit. (c) Lot ].imitations. :o more than one dwelling shall be placed on a single lot within a recorded plat, except that parcels described as "outlets" may be so arranged or subdivided as to provide for one or more dwellings when the land area allocated to each dwelling is equal to or Beater than the lot area required for the district, and the dwelling and land complies with all the other requirements of the district in which it is located. Section l..Crs Trailer Car:ips. The erection, establishment, maintenance or use of automobile trailer camps, trailer parks or similar enterprises within the City of Livonia is hereby prohibited. >o person shall operate within the City of Livonia any trailer camp, trailer park or similar business. The use of any land within the City of Livonia for a trailer camp, trailer park or similar purpose is hereby prohibited. This section shall not apply to any business or use in lawfe". existence at the time this ordinance becomes effective. Suction 4.o t�utioor 2heat . The erection, establishment or operation of any outdoor theater within the City of Livonia, and the use of any land within the City of Livonia for such purpose, are hereby prohibited; provided, however, that this section shall not apply to any business or use in lawful existence at the time this ordinance becomes effective. Section 4.10 dater Supp]y wr}d Sewers. The zoning permit shall be issued under the provisions of this ordinance until the Bureau of Inspection shall have 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 4,. Outdoor Toilets. '?o building within the City of Livonia shall hereafter be erected, altered or used for an outside toilet of any typo, except that existing outside pit toilets may be used for a period of six months following the effective date of this ordinance. After expiration of said period, approved lavatory facilities shall be installed and connected to a public sewer if available cr, if not available, then to an approved septic tank and drainage field. Section 4.12 Waste and, Rubbi4 h. : o garbage, sewage, filth, refuse, waste, trash, debris or rubbish, including cans, beetles, waste paper, cartons, bones and crates, or other offensive or obnoxious matter, shall be kept in open containers, or piled, placed, stored 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 im.. material, trash and rubbish must be disposed of at least once in each month; and, pro- vided .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 A-G district, or the reasonable use of any comicial fertilizer in any Page 899 district, where such use is not carried on in an unhealthy or unsanitary manner or does not constitute a menace to the health and welfare of the public or a nuisance to the surrounding area. Section 4.13 Removal of SOil1 Srndj 1 "ravel or Similar :aterial. ..o sot, sand, clay, gravel or similar material shall hereafter be removed from any land 'within the :;ity of Livonia except as allowed by permit from tho Duroau of Inspection. ''o such permit shall be issued until (a) written application has been filed with said bureau containing the name and address of the person desiring such permit, a description of the land involved, the name and address of the owner of the land, a description of the equipment and vehicles to be used in the removal and an agreement on the part of applicant to fully nemply with all the ordinances, rules and regulations of the City of Livonia and all its departments; (b) such application has been investigated and approved by the Department of Public Works, Police Department and City Planning Commission of the City of Livonia; and (c) applicant shall have paid a permit fee and furnished a bond pursuant to the provisions of this section. The fee for such permit is fixed in Section 13.04 of this ordinance. :'o permit shall be transferable. A permit may be revoked by the Dureau 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, or 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. ?'o soil, =el, clay, gravel or similar material shall be removed belotr IIIthe normal building grade as established from the nearest existing or proposed street, by the Department of Public Works. :o soil, sand, claw, gravel or similar material shall be removed in such a manner as to cause water to collect or as to result in a menace or danger to the public health, safety or welfare. >;e soil, sand, clay, gravel or similar material shall be removed in such manner as to leave the surface of the land below such established grade or unfit for the growing o f turf and other land uses permitted in the district in which such removal occurs. The holder of a permit shall, during such removal, provide for drainage in such manner as may be approved by the Jepartnent of Public Works, and for egress and ingress of vehicles in ouch manner as may be approved by the Police Department. The bond required by this section shall be in such amount as nay be fixed by the City Planning Commission and in such form as may be approved by the City Attorney. Such bond shall be for a period of one (1) year and shall he conditioned on the full performance, by the holder of a permit, of all the provisions of this section, duo compliance with the laws of the State of :achigan and ordinances of the City of Livonia and payment of any and all claims of the City of Livonia and/or any person or persons arising out of any operation under or use of such permit, or any violation of said laws or ordinances. Action on such bond may be brought in the name of the City or any aggrieved person. This section shall apply only to the conmeroial removal of soil, sand, clay, ;ravel or similar material and shall not apply to the moving, grading or leveling of soil, sand, clay, gravel or similar material within a parcel of land for reasonably immediate use on such parcel of land. Section 4.14 xcavations or Holes. Tho 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 :wilding Code of the City of Livonia (Ordinance :'o. 51) where such excavations are properly protected and Page 900 warning signs posted in such manner as may be approved by the 3ureau of Inspection; and, provided further, that this section shall not apply to lakes, streams or other natural bodies of water, or to ditches, streams, reservoirs or other major bodies of water IIIcreated or existing by authority of the State of :ichigan, County of Wayne, City of Livonia or other governmental agency. Section 4,15 ;)camping 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 pro- hibited, 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 and water courses, except on approval of the City Planning 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. Section 4,16 Dillboards and Stj ns. The erection and maintenance of billboards 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. Sectio} 4.17 :on-Confond�xuContixivancc. The lawful use of land or a structure exactly as such existed at the time of the enactment of this ordinance, may IIbe continued, except as provided in Section 4.1E3 of this ordinance, although such use or structure does not conform with the provisions of this ordinance. Such a use, where lawfully continued pursuant to the provisions of this section, shall, for the purpose of this ordinance, be known as a "Valid ::on-Conforming Use"; but where such a use is not thus lawfully continued the sane, "or the purpose of this ordinance, shall be known as an "Invalid :on-Conforming Use". Section 4.13 ::on-Conforming Use; Termination. Any use which is properly designated as a valid non-conforming 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 non-conforming use to a use expressly permitted in the district in which such building or parcel is located; (b) Actual discontinuance of such valid non-conforming use for a period of one (1) year, either as to the whole or any part of a building or parcel of land, in which case such discontinuance shall be considered anabandonment of said use; (0) Damage to the extent of more than eighty (SO) percent of the assessed value of a building, exclusive of its foundation, by fire, explosion, act of God, or any act of a public enemy, occurring subsequent to the effective date of this ordinance; 04 (d) Acquisition by the City of Livonia, by purchase, condemnation or �, otherwise, of private property for the removal of such valid non-conforming use, pursuant to Section 3(a), Act 207, Public Acts of ::ichigan, 1921, as amended; or Page 901 (e) 7ailure of the owner or lessee of a building subject to a valid non-conforming use to obtain a certificate for such use within one (1) year from the effective date of this ordinance, pursuant to Section 18.11 of this ordinance. After such termination, such non-conforming use may not thereafter be resumed or revived. Section 4.19 Non-Conforming Use; Restoration. Nothing in this ordinance shall prevent the restoration, repairing, er rebuilding of any valid non-conforming building or structure damaged to the extent of eighty (80) percent or less of its assessed value, exclusive of the foundation, at the time the damage occurred, by fire, explosion, act of Cod, 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 builL9.n.gor part thereof. Section 4.20 Non-Conforming Use; repair. Nothing in this ordinance shall prevent the repair, reinforcement or reconstruction of a valid non-conforming building, structure, or part thereof existing at the effective date of this ordinance, rendered necessary by:: r and tear, deterioration or depreciation, provided the cost of such work shall not exceed forty (40) percent 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 Law of 'ichigan relative to the maintenance of buildings or structures. Section 4.21 Non-Conforming Use; Exceptions. Notwithstanding the provisions of the preceding Sections 4.17 to 4.20, inclusive, of this ordinance, nothing in this ordinance shall prevent: (a) The alteration, improvement or rehabilitation of any valid non- conforming 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 declared unsafe by the Bureau of Inspection; (c) Any alteration, improvement or repair required by the Department of :!ealth or the Department of Public Safety, or by any of the divisions of said departments, as necessary to the protection of the public health, safety and welfare; (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. II! Section 4.22 Non-Conforming Use; Condemnation. 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 non-conforming 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. Page 902 Section 4.23 Accessory Buildings. When a garage building is attached to and made structurally a part of the principal building on a lot, two (2) side yards of not less than five (5) feet each shall be provided for such principal building with attached garage. 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, 1.. except that the garage may be located not closer than two (2) feet from the side lot line. Detached garages shall not exceed one (1) story or ten (10) feet in height to the eaves, and shall not occupy more than thirty (30) percent 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 be constructed closer than four (4) feet to such existing accessory building. Garages on corner lots shall not be constructed closer than six (6) feet from the side street lot line; provided, however, that garages on corner lots where houses face a aide street shall not be constructed closer to such side street than the front building line of such houses. 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 thirty (30) percent of the rear yard, shall be located not closer than ten (10) feet from a side lot line and not closer than seventy-five (75) feet from any dwelling. Section 4.24 Separate Dwellings for Domestic Employees,. In all districts of the City, 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 containing a complete housekeeping unit or unitsshall conform to all the height and yard requirements for dwellings in the district in which they are located. Section 4.2,5 CombinationBusiness and Dwelling Buildings. When a dwelling occupies a space above a business use, such dwelling unit shall provide a minimum floor area of not less than eight hundred (800) square feet and a usable lot area of IL.. not less than six thousand six hundred (6600) square feet. The business use shall provide a lot area in addition to the above lot area for the commercial building and the required off-street parking as provided under Sections 4.37 and 4.38. Section 4.26 Yards; Double-Fronts eLoLots. On double-frontage lots a front yard, as prescribed for the district as herein established, shall be provided on both streets. Section 4.22 Yards;, Front Yard aseeptions. When buildings have been constructed on the majority of the lots in a block at the time of the adoption of this ordinance, no building hereafter erected or altered shall project beyond the minimum building line thus established, provided that no building shall be required by this ordinance to set back more than forty (40) feet; and provided further, that this regulation shall not be interpreted so as to reduce the buildable width of a corner lot facing an intersecting street. Section 4.28 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 unoccupied spaces; provided, however, that this provision shall not apply to one (1) 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 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 front or rear yard not more than twelve (12) feet or into a side yard not more than eight (3) feet, but not nearer than twenty (20) feet from a front or rear line or not nearer than seven (7) feet from a side boundary, nor to cornices not exceeding sixteen (16) inches in width including the gutter. Page 903 Section 4.29 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 Ilwline shall be used for ornamental purposes only and nothing shall be placed thereon except trees, shrubs, or iters of similar nature. Section 4.30 Yr:dsi Allaz. Wherever there is a public alley at the rear of a lot upon which the lot abuts for the full width, measurements of th© depth of any abutting rear yard, required under this ordinance, may betide to the centerline of such alley. Section 11 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 p- ' posed 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 4.32 Dwelling Size; One-:'ami],y. Zones "A" and "B", as shown on the Zoning ':tip of the City of Livonia, are hereby established and shall determine the minimum size of one-family dwellings within said zones. The following regulations are hereby established for such zones: olle A. In all zones designated as "A", no buildings of a one (1) floor plan used as a one-family dwelling shall be constructed or altered where the first floor contains less than one thousand (1000) square feet of usable floor area; no building of one and one-half (l1) story plan used as a one-family dwelling shall be constructed or altered where the ground floor area of said 1 Ilie building or structure contains less than eight hundred (800) square feet and the aggregate livable floor area of the entire building shall not be less than one thousand (1000) square feet; and no building of a two (2) story plan used as a one-family dwelling shall be constructed or altered where the ground floor area of said building or structure contains less than six hundred twenty-four (624) square feet and the aggregate livable floor area of the entire building shall not be less than one thousand (1000) square feet. Zone B. In all zones designated as 'B", no building of a one (1) floor plan used as a one-family dwelling shall be constructed or altered containing less than eight hundred (300) square feet of usable floor area; no building of a one and one-half (11) story plan used as a one-family dwelling, shall be constructed or altered where the ground floor area of said building contains less than six hundred twenty-four (624) square feet and the aggregate livable floor area of the entire building shall not be less than eight hundred (800) square feet; and no building of a two (2) story plan used as a one-family dwelling shall be constructed or altered where the ground floor area of said building contains less than five hundred seventy-six (576) square feet and the aggregate livable floor area of the entire building shall not be less than eight hundred (500) square feet. Section 4.33 OweSize; Two-Family* and '3ultip I� e. The minimum size of two- s family and multiple family d�ngs are hereby fixed as follows: each living unit shall have not less than six hundred twenty-four (624) 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 floor, the aggregate livable floor area for the entire unit shall not be less than eight hundred (500) square feet. Page 904 Section 4.34 Room 71equirements. Any dwelling hereafter constructed or altered shall comply with the Housing Law of Michigan. Section 4.35 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 4.36 Loading Space. On the same premises with every building, structure, or part thereof, erected and occupied for manufacturing, storage, warehouse goods display, 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) feet loading space, with fourteen (l&) foot height clearance for every twenty thousand (20,000) square feet or fraction thereof in excess of three thousand (3,000) square feet of build- ing floor use or land use for above mentioned purposes. Section 4.37 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 provided and maintained as herein prescribed. (a) Loading space as required in Section 4.36 shall not be construed as supplying off-street parking space. (b) When units or measurements determining the number of required parking r... spaces result in requirement of a fractional space, any fraction up to and including one-half shall be disregarded and factions over one-half shall require one parking space. (c) 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 for the additional floor area shall be provided and maintained in amounts hereafter specified for that use. (d) For the purpose of this ordinance, "Floor Area", in the case of offices, merchandising or service types of uses, shall mean the gross floor arca 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. (e) Off-street parking facilities for one and two family dwellings shall 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 frail the nearest paint of the off-street parking facilities and the nearest point of the building. (f) In the case of a use not specifically mentioned, the requirements for off-street parking facilities for a use which is so mentioned and which said use is similar, shall apply. Page 905 (g) Oothi.ng in t17,is 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. elm (h) 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 4.38 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. (i) The surfacing, drainage and maintenance of all off-street parking space in any C-1, C-2, n,1 or M-2 district shall conform to the provisions of Section 13.06 of this ordinance. Section 4.38 Off-Street Parini;; Schedule. The following off-street parking schedule is hereby established: USE REQUIRED PARKING SPACE (1) One family dwelling or One (1) parking space for each Mixed occupancy. dwelling unit. (2) Multiple dwellings or One (1) parking space per dwelling apartment houses. unit for multiple dwellings containing four (4) units or less. One (1) parking space for each or not less than seventy-five (75) percent of the number of dwelling unite in each multiple dwelling structure containing more than four (4) units. (3) Tourist homes, andmotels. One (1) parking space for each guest or sleeping room or suite in a tourist home, or motel, plus one additional space for the owner or manager if resident on the premises. (4) Hospital, sanitoriurns, one (1) parking space for each four convalescent homes and homes (4) beds, plus one (1) space for each for the ages or similar uses. staff or visiting doctor, plus one (1) space for each four (4) employees including nurses. (5) Orphanage or similar use. One (1) parking space for each ten (10) beds. (6) Hotels. One (1) parking space for each three (3) guest rooms, plus one (1) additional space for each five (5) employees. (7) Private clubs, fraternities, One (1) parking space for each two i..p boarding and lodging houses. (2) guest bedrooms. Page 906 USE R,:sQUr i)P AK,ING 3PACE (S) Coreaunity centers, libraries, Provide about each building an improved museums, post offices, civic area other than the front yard which clubs, etc. shall be sufficient in size to provide adequate facilities for parking and as approved by the City Planning Commission. (9) Theaters and auditoriums, One (1) parking space for each four (/.) (other than incidental to seats, plus additional spaces equal in schools). number to fifty (50) percent of the number of employees of the theater. (10) Churches, auditoriu-e incidental gine (1) parking space for each four (4) to schools. seats in the main assembly unit. (11) Schools. one (1) parking space for each two (2) employees (including teachers and administrators) plus sufficient off-street space for the safe and convenient loading and unloading of students. (12) Dance halls, pool and bi1?lard one (1) parking space for each one hundred rooms, assembly halls and (100) square feet of floor area used for exhibition halls without fixed dancing or assembly. seats. (13) Stadiums and sports arenas. t.ne (1) parking, space for each four (4) seats. (14) Bowling alleys. rive (5) parking spaces for each alley. (15) kortuaries or funeral hones. One (1) parking space for each fifty (50) square feet of floor space in the slumber rooms, parlors or individual funeral service rooms. (16) Establishments for sale and One (1) parking space for each one hundred consumption on the premises of (100) square feet of floor area, plus one alcoholic beverages, food or (1) parking space for each four (4) refreshments. employees. (17) Medical or dental clinics, banks, One (1) parking space for each two hundred business or professional offices. (200) square feet of floor area. (18) Furniture and appliance stores, One (1) parking space for each five hundred personal service shops, not (500) square feet of floor space. including beauty parlor and barber shops, household equipment or furniture] repair shops, clothing or shoe repair or service shops, hardware stores, motor vehicle sales, wholesale stores and machinery sales. USF IZOUIRED PAPa'.Ii G SPACE Page 907 (19) Beauty parlors and barber shops. Two (2) parking spaces for each employee and/or beauty operator. (20) All retail stores, except as One (1) parking space for each one hundred otherwise specified herein. and fifty (150) square feet of floor space. (21) Industrial establishments, Provide about each industrial building, including manufacturing, research buildings or use, an improved area, other and testing laboratories, cream- the front yard, which shall be eries, bottling works, printing and sufficient in size to provide adequate engraving shops, warehouses and facilities for the parking of automobiles storage buildings. 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 four (4) employees computed on the basis of the greatest number of persons to be employed at any one period during the day or night. Section 4.39 Off-Street Parking; Study and Report. The City Planning Commission, shall make studies of 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 assessment district, or by any other means it may determine, upon completion and acceptance of such off-street parking facilitiesCity existing buildings and uses and all buildings by the Council all erected or uses established thereafter within the special assessment district, or districts, shall be exempt from the requirements of this section for privately supplied off-street parking facilities Section 4.40 Off-fitreet Parking; Establishment of Facilities. In all districts where off-street parking facilities are a permitted use as an adjunct to business and such facilities provide a service to the patrons or customers patronizing such businesses, such off-street parking lots shall be established and maintained as prescribed by Sections 13.05 to 13.10, inclusive, of this ordinance. Section 4.11 '.ieight; Public and Similar Buildings. The height of public or semi-public buildings, churches, cathedrals, temples, hospitals, sanitariums or schools and major business buildings when developed as a part of a complete shopping center, shall not in any case exceed fifty-five (55) feet, and if the height of any such building 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 rdquired yard dimensions for each foot such buildings exceed the height allowed in the district concerned. Section 4.42 alghti 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 appurtances pertaining to and necessary to the permitted uses of the district in which they are located, shall not be included in calculating the height of the principal structure. Page 908 Section 4./0 iiei ht Part Walls. Parapet walls may extend not more than five (5) feet above the a. oars a e' g i o a building. Section 4.44 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 public use or for public utility purposes, in any permitted district to a greater height 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, 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 4.45 Greenbelts. Whenever any greenbelt is required by the provisions of any section of this ordinance, the width of the greenbelt may be included in the width of any yard which is required for the parcel containing such greenbelt and which is situated within and along the same boundary as the greenbelt. All greenbelts shall consist of trees and shrubs of such kind as may be approved by the Department of Parks ani ,ecreation, and such trees and shrubs shall be maintained in a healthy growing condition in such manner as may be approved by said department. ARTICLE 5.00 - R-1 DISTRICT REGULATIONS Section 5.01 Application of Article. The regulations set forth in this article shall apply in all R-1 Districts. Section 5.02 Uses Permitted. In all R-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) One family dwellings. (b) Churches, public schools, public libraries and private educational institutions when approved by the City Planning Commission. (c) Uunicipally owned and operated parks and playgrounds, available for use by the residents of the City of Livonia. (d) Temporary buildings for uses incidental to construction work, which buildings shall be removed upon completion or abandonment of the construction work. (e) Church or public building bulletin boards, not exceeding ten (10) square feet in area, and temporary signs not exceeding six (6) square feet in area appertaining to the lease, hire or sale of a building or premises which sign shall be removed as soon as the premises are leased, hired or sold; provided, however, that not more than one (1) temporary non-illuminated subdivision sign pertaining to the sale or rental of premises being developed on which it is maintained, and having an area of not more than three hundred (300) square feet nor more than ten (10) `••- square feet for each lot within the subdivision of less than thirty (30) lots, may be erected; and, provided further, that said sign shall not exceed twelve (12) feet in height above ground and shall be removed upon completion and occupation of buildings. Page 909 (f) C:ardening, and the growing of vegetables, fruits, flowers, shrubs and trees, provided such use is not operated for profit. (g) The raising of fowl and rabbits may be allowed on temporary permit to be issued by the City Planking Commission following a public hearing, provided that such fowl or rabbits are so housed, fenced or otherwise kept that their use will not constitute a nuisance. (h) Accessory buildings or uses customarily incident to any of the above permitted uses, when located on the same or adjoining lot and not involving any business, profession, trade or occupation. One 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 legal accessory use; provided, however, any such co;,r:iercial vehicle shall not exceed one and one-half (l ) ton capacity, and shall be kept housed within a garage when not in use; and, provided further, that no moving vans shall be housed in private garages. (i) Community buildings, country clubs, fraternal lodges, or similar civic or social clubs, (but not a residential club, or a club operated as a commercial enterprise , after approval by the City rlanning Commission. (j) The use of open land for privately awned and operated parks, picnic groves, golf courses, or similar facilities for outdoor exercises and recreation, which may or may not be operated for profit, provided such use does not impair the natural appearances of such land or tend to produce noise or annoyance to surrounding properties, shall be permitted only after approval by the City Planning Commission. (k) Publicly-owned builings, public utility buildings, telephone %es exchanges, transformer stations and substations, after approval by the City Planning Commission, as being not injurious to the surrounding neighborhood and in accord with the spirit and purpose of this ordinance. (1) The storage or parking or use of moving vans, automobile 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 an n-I District. This shall not prohibit the storage of one (1) unoccupied house trailer, whic'i is the property of the occupants. Section 5.03 Building height. No building hereafter erected or altered in R-1 Districts shall exceel thirty-five (35) feet in height or two (2) stories, except as provided in Sections 4.41 to 4.44, inclusive, of this ordinance. Section 5.04 Percentage of Lot Coverage. One-family dwellings, together with accessory buildings, hereafter erected on any lot in R-1 Districts, shall not cover more than twenty-five (25) percent of the area of such lot, provided, that this requirement shall not apply to any lot which at the time this ordinance becomes effective is lessor in area than the specifications herein provided if such lot was of record at the time of the adoption of this ordinance. section ..05 Front Yard. Each lot in R-1 Districts shall have a front yard not less than twenty-five (25) feet in depth. Page 910 Section 5.06 Side Yards in General. All lots in a-1 Districts shall have two (2) side yards each having a width of not less than four (4) feet and the combined width of both side yards shall not be less than fourteen (14) feet; provided, that on lots less than thirty-five (35) feet in width the required combined width of side yards may be reduced by six (6) inches for each foot or major fraction thereof by which the width of such lot is loss than thirty-five (35) feet; and provided further, that the minimum side yard may be three (3) feet and the combined width of both side yards shall not be less than six (6) feet. Section 5.07 Side 'lards Abuttinn Street g, . In R-1 '_}istricts the width of the side yard abutting upon a street shall not be less than six (6) feet when rear yards abut rear yards, however, in case of a rear yard abutting a side yard of an adjacent lot, the side yard abutting upon a street shall be not less than twenty-five (25) feet. Section 5.08 ,ear Yards. Each lot in a-1 Districts shall have a rear yard of a depth of not less than thirty-five (35) feet. Section 5t22 Off-Street Parking Facilities. Off-street parking facilities shall be provided as hereinbefore specified in Sections 4.37 to 4.40, inclusive, of this ordinance. ARTICLE 6.00 - R-2 DISTRICT REGULATIONS Section 6.01 Application of Article. The regulations set forth in this article shall apply in all R-2 Districts. Section 6.02 Uses Permitted. In all R-2 :�.esidential Districts, no building or land, except as otherwise provided in this ordinance, shall be erected or used `.e except for one or more of the following specified uses: (a) All uses permitted in R-1 Districts. (b) Two family income dwellings. (c) Two family dwellings. (d) Private museums. (e) Boarding, rooming and lodging houses or tourist homes. (f) residence may be used for a horse occupation, provided no goods are publicly displayed or sold on the premises, and no sign or advertisement is shown thereon other than a sign not exceeding two (2) square feet in area bearing the name and occupation (word only) of the practitioner, after approval has been granted by the City Planning Commission. (g) `rlospitals, institutions of a philanthropic and charitable nature, after approval has been ,granted by the City Planning Commission. (h) Private garages or co rn nity garages, either separated or in connected groups, having common and unpierced dividing walls between contiguous private garages. Page 911 (i) Buildings and uses customarily incident to the above permitted uses shall include not more than one (1) private ;;Drage or community garage which shall provide 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 one (1) ton capacity and shall be kept housed within a garage when not in use, provided said commercial vehicle is owned and operated by a member of the family who resides in said living unit. (j) Opel, parking lots for the storage of self-propelled passenger vehicles for periods of less than one (1) day, which shall be established and maintained as prescribed by Sections 13.05 to 13.10, inclusive, of this ordinance. (k) The storage or parking of trucks, truck tractors and truck trailers of over one and one-half (17.) tons capacity, automobile trailers or the storage, parking or use of coaches, bus or street car bodies, or similar dwellings, tourist cabins, or tents, shall not be allowed or considered a legal accessory use in an R-2 District. This shall not prohibit the storage of one unoccupied house trailer, which is the property of the occupant. Section 6.03 Building Heijcht. No building hereafter erected or altered in R-2 Districts shall exceed thirty-five (35) feet in height or two and one-half (21) stories, except as provided in Sections 4.41 to 4.44, inclusive, of this ordinance. Section A.,,, Percentage of Lot Coverage. No dwelling together with its accessory building hereinafter erected on any lot in R-2 Districts, shall cover more than twenty-five (25) percent of the area of such lot, provided that this requirement shall not apply to any lot which at the time this ordinance becomes effective is lesser in area than the specifications herein provided if such lot was of record at the time of the adoption of this ordinance. Section 6.05 Front Yards. Each lot in a-2 Districts shall have a front yard of not less than twenty-five (25) feet in depth. Section 6.06 Side Yards; One and Two Family Dwellings. All lots in t-2 Districts on which a one family dwelling is established shall have two (2) side yards, one with a minimum width of not less than four (4) feet and the aggregate width of both side yards shall not be less than fourteen (14) feet. All lots in R-2 Districts on which a two (2) family dwelling is established shall have two (2) side yards of not less than ten (10) feet each. (Note: For location of accessory buildings see Section 4.23. ) Section 6.07 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 eadt 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. Page 912 a'�gction 4.0x3 Gide Yardss , Stye -. In -2 Districts the width of side yards abutting upon a street ellen not bQ ess than six (6) feat at the first floor level when rear yards abut rear yards; however, in case of a roar yard abutting a side yard of an adjacent lot, the side yard abutting upon a et k = shall be not lose than twenty-five (25) feet. elm section 6.09 rte. Yards. Each lot in an a-2 )iatrict shall have a roar yard of a depth of not less than fifty (50) feet. 3ection 6.10 Uf-°' poet A bcin 'w i1� Off-street parking facilities shall be provided as bo n fore specified in 4.37 to 4.40, inclusive, of this ordinance. A T ICLII"; 7.00 - r -- DIST ICT MATIONS. shall A,pp-�`oate oa of A�rticlo. The regulations sot forth in this article• app in Districts. soption 7.0:Z yeas i'oriditted. In all P0-3 Districts no building or land ennept as o horwiso provided in this ordinances, shall be erected or used except for gee or more of the following specified usess (a) All uses pertitted in "-2 Districts. (b) ':ultiple dwellings, apartment houses, rooming houses and hotels. III5stAisly.4,3 :3dlxt;3;.t>, Oi . No building hereafter erected or altered in a. Districts shall exceed thirty.five (35) feet in height or two and otic•-hal! OW stories, except, however, that buildings permitted in these districts under this Ordialsaso for non-dwelling purposes, other than accessory buildings, nay be erected t/1 a briet not to exeeed fifty-five (55) feet, if approved by the ,:ity Planning Commission as not being injurious to contiguous property and if being in accordance with the spirit and purposes of this ordinance. 3option2.04 res . ::;soh lot in -3 Districts shall have a front yard of not less than twee y-fives (25) feet in depth. • ., • .. .._.. . l Ueo. Ivory lot on which a multiple dwelling is . . be provid., •th a o de yard on each side of such lot. Each waoh side yard shall have a ndxdrami width of six (6) feet which shell be increased 1r eme-halt (i) toot for 'each ton (10) feet or part thereof by which the length or the ■lltiple dwelling exceeds fifty (50) feet in overall dimension along the adjoining lot line. pantie '06 Side gpin ,on-'ssidenc ',al o. ✓very lot on which a building or structure . for nerd-dwoolling purposes, other than accessory building° is erected, shall be provided with a side yard on each side of such lot. ^.each such side yard shall have a minimum width of f iteen (15) feet which shall be increased by one (1) foot for each five (5) feet or part thereof by which the length of the building or structure exceeds fifty (50) offset in overall dissension along the adjoining lot line and also, by an rb.. additional ems (1) foot for every two (2) feet or part thereof by which the height of such building or structure exceeds thirty-firm (35) feet. Page 913 Section l.27 Side Yardoi Abutting, Upor _street. In R-3 Districts the width of side yards abutting upon a street shall not be less than six (6) feet at the first floor level, when rear yards abut rear yard; however, in case of a rear yard abutting a side yard of an adjacent lot, the side yard abutting upon a street shall be not less than twenty-five (25) feet. Section 7.03 Rear Yards. Each lot in an R-3 District shall have a rear yard of a depth of not less than thirty-five (35) feet. Section 7.09 Off-Street Parking Facilities. Off-street parking facilities shall be provided as hereinbefore specified in Sections 4.37 to 4.40, inclusive, of this ordinance. Section 7.10 Fronting on Public Street. Each multiple dwelling shall front on a public street. ARTICLE 8.00 - R-U-F DISTRICT REGULATIONS Section 8.01 Application of Article. The regulations set forth in this article shall apply in all R-U-F Districts. Section 8.02 Uses Permitted. In all R-U-F 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 -1 Districts. (b) Nurseries, greenhouses and truck gardens (c) off-street parking facilities when such land is ..mad by an industry and lies between zoned industrial property and a highway; provided a greenbelt screen planting strip not less than twenty (20) feet wide is created and maintained adjacent to residential uses. (d) On one-half (1) acre or more, fowl and rabbits may be raised and kept for ownerts consumption only; on one (1) acre or more, two (2) horses may be kept for ownerts use only; and on two (2) acres or more, two (2) horses and one (1) cow or three (3) horses may be kept for ownerts use only; dog kennels may be operated, and fowl and rabbits may be raised for sale; provided, however, that such animals and fowl are properly housed, maintained and fenced so as not to becoue a nuisance or detrimental to public health, safety or welfare. (e) One (1) non-illuminating sign not greater thannine (9) square feet in area pertaining to the sale or lease of the premises or advertising the sale of the produce, raised thereof, shall be permitted on a lot; not more than one (1) non-illuminated trespassing, safety or caution sign, not over two (2) square feet in area, on any one lot. (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 right-of-way, be provided for patrons of the market. Page 914 Section 8.0, Building Height. No building hereafter erected or altered in R-U-F Districts shall exceed thirty-five (35) feet in height or two (2) stories, except as provided in Sections 4.41 to 4 44, inclusive, of this ordinance. Section 8.04 Lot Area. Every lot in .---.-F Districts shall have an area of not less than one-half (I) acre and shall have an average width of not less than rr.. one-fourth (w) the average depth, provided that a lot shall not be required to have a width greater than one hundred (100) feet. If a parcel of land has less area than herein required, such parcel shall comply with all of the requirements of the R-1 Districts. Section 3.05 Percentage of Lot Coverage. One (1) family dwellings together with accessory buildings hereafter erected on any lot in an R-U-F district, shall not occupy more than ten (10) percent of the area of any lot having an area in excess of one (1) acre, nor more than fifteen (15) percent of the area of any lot having an area of one (1) acre or less. Section 8.06 Front Yards. Each lot in R-U-F Districts shall have a front yard of not less than twenty-five (25) feet in depth. Section 6.07 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) percent of the average width of the lot, whichever amount is larger, but the side yard need not exceed twenty-five (25) feet. Section 8.03 Side Yards; Abutting on Street. In R-U-F Districts the width of the side yard abutting upon a street shall not be less than twenty (20) feet at the first floor level. Section 6.09 Hear Yards. Each lot in t-U-F Districts shall have a rear ■.. yard having a depth of not less than fifty (50) feet or twenty (20) percent of the depth of the lot, whichever amount is larger, but it need not exceed sixty (6 0) feet. Section 8.10 Yards For Accessory Uses. All accessory buildings or yards in conjunction therewith, for uses other than those customarily incidental to R-1 uses, shall be located not less than twenty-five (25) feet from any lot line and not less than seventy-five (75) feet from any dwelling. Private garages shall be not less than five (5) feet from a side lot line. Section 8.11 Off-Street Parking Facilities. Off-street parking facilities shall be provided as hereinbefore specified in Sections 4.37 to 4.40, inclusive, of this ordinance. ARTICLE_2100 - AG DISTRICT REGULATIONS Section 9.01 Application of Article. The regulations set forth in this article shall apply in all AG Districts. Section 9.02 Uses Permitted. 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: Page 915 (a) All uses permitted in R-1 and R-U-F Districts (b) Farm buildings. (c) General farming, including horticulture, dairying, livestock and iamm poultry raising, farm forestry and similar bonafide agricultural enterprises or uses of land and structures, except farms 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. (e) Public 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 or riding academy. (f) 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, on approval by the City Planning Commission. (g) Airports, landing fields and platforms, hangars, masts and other facilities for the operation of aircraft after public nearing and approval of the City Planning Commission. (h) Carnivals, outdoor circuses or migratory amusement enterprises on approval of the City Planning Commission. (i) Cemeteries when approved by the City Planning Commission. `. Section 9.03 Building Height. No residential buildings hereafter erected or altered shall exceed thirty-five (35) feet or two (2) stories in height except as provided in Sections 4.41 to 4.44, inclusive, of this ordinance. ro barn or principal farm building shall exceed forty (40) feet in height. Section 9.04 Lot Area. 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 hunired (300) feet. If a parcel of land has less than three (3) acres, but at least one-half (i) acre, such parcel shall comply with all of the requirements of the R-U-F District. If a parcel of land has less than one-half (1) acre, such parcel shall comply with all of the requirements of the R-1 District. Section 9.05 Front Yard. Each lot in AG Districts shall have a front yard of not less than twenty-five (25) feet in depth. Section 9.06 Side Yard On each side of a dwelling there shall be a side yard having a width of not less than fifty (50) feet. Section 9.07 Rear Yard. Each lot in AG Districts shall have a rear yard having a depth of not less than fifty (50) feet Page 916 Section 9.O8 Uses; Yards; Percentage of Lot Coverage. Any lot or parcel of land in an AG District which is smaller than the required area of three (3) acres, divided and recorded prior to the effective date of this ordinance, must conform to the uses, yards, lot area, percentage of lot coverage and other more restricted regulations as preyed for R-1 District if less than one-half (i) acre and R-U-F imp Districts if less than three (3) acres. Section 9.09 Yards; Accessory Uses. All accessory buildings and yards in conJuncti:n therewith, for uses other than those customarily incidental to R-1 and R-U-? uses shall be located not less than twenty-five (2: ''cet from any lot line and not less than one hundred (100) feet from any dwelling. ARTICLE 10.00 - C-1 DISTRICT REGULATIONS Section 10.01 Application of Article The regulations set forth in this article shall apply in all C-1 Districts. Section 10.02 Uses Permitted In all C-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 uses: (a) All uses permitted in an R-2 District. (b) Retail stores, business and professional offices, public utility buildings, newspaper distributing stations and restaurants. how (c) Open air sales, upon a certificate of approval by the City Planning Commission; for food sales, upon a certificate of approval by the City Health Department and the City Planning Commission, where such sales will not interfere with sidewalk or street traffic. However, this shall not permit the operation of material yards, including new and used lumber sales or used machinery or used auto parts. (d) Shops producing merchandise to be sold at retail on the premises, provided that the services of not more than five (5) persons are required to produce such merchandise. (e) Personal service shops such as barber shops, beauty parlors, shoe repair shops, laundry pickup shops, dry-cleaning pickup shops, and any similar service or use, provided any such shop or parlor shall not employ more than five (5) persons. (f) A gasoline and oil service station, when approved by the City Planning Commission. (g) 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) percent of the area of such lot shall be considered a legal accessory building and use in C-1 r.. Districts. A sign or other advertising display of a size not exceeding one (1) square foot for each foot of the front lot line included in the premises, when pertaining to the sale, rental or use of the premises on which the sign is located, or to goods or activities conducted therein, or when serving Page 917 primarily as a directional sign or legal notice shall be consideree 7. legal accessory use in C-1 Districts. The sign may be attached to the building or may be free standing, but in any case the building or post to which the sign is attached shall be on or back of the building line and the si 'ri shall not project more than fifteen (15) inches beyond the building line. No sign or portion of a sign shall project into a public alley. Signs larger in area than authorised in this section shall not be permitted except upon the approval of the City Planning Commission; provided, however, that such approval shall be given only on condition that the sign will be properly maintained, will Int become unsightly and will not become a menace to the public health, safety and welfare. Section 10.03 Building Height. No building hereafter erected or altered in a C-1 District shall exceed thirty-five (35) feet in height or two (2) stories, except as provided in Sections 4.41 to 4.44, inclusive, of this ordinance. Section 10.04 Greenbelt. All non-residential uses, when adjacent to an existing residence or a residential district, shall provide and maintain a greenbelt not less than eight (S) feet in width Section 10.05 Front Yards. No front yard is required for commercial buildings in a C-1 District, however, the Master Thoroughfare Plan of the City ci' Livonia has established street widths under Act 222 of the Public Acts of 1943, as amended, and in no event shall the street wall of a building be established _:-,arer to the street than the future street line as established by the ':aster Thoroughfare Plan. Section 10.06 Side Yards; Interior Lot Lines. In C-1 Districts side yards are not required along interior aide lot lines, if all walls abutting or facing such lot lines are of fire-proof construction and w "_y without windows or other openings; but if the side wall is not of fire-proof construction, a side yard shall be provided, r.m and if of fire-proof constructim, but containing windows or other openings (other than emergency exits or vents), either a side yard or an outer court or courts as specified in Section 10.10 hereof shall be provided. here a side yard is provided it shall have a width as prescribed for outer courts in Section 10.11 of this ordinance. Section 10.07 Side Yards; Corner Lot_, In C-1 Districts no side yard is required on the street side of corner lots. Section 10.03 Rear Yards; Interior Lot Lines. In C-1 Districts rear yards are not required along interior rear lot lines for buildings or parts of buildings not used as dwellings, if all walls abutting or facing such lot lines are of fire-proof construction and wholly without windows or other openings; provided that in all cases where the rear wall is not of fire-proof construction a rear yard shall be provided, and provided further, that in all cases where the rear wall is of fire-proof construction, and contains windows or other openings (other than emergency exits or vents), either a rear yard or an outer court or courts, as specified in Section 10.10 hereof shall be provided. :!here a rear yard is provided it shall have a depth equal to the width required for outer courts in Section 10.11 of this ordinance. Section 10.09 Rear Yards; Abutting on 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. Page 918 Section 10.10 Outer Courts. When a side yard is not provided along an interior side lot line or a rear yard is not provided along an interior rear lot line in C-1 Districts, an outer court or courts shall be provided opposite any windows or other openings (other than emergency exits or vents) which face such side or rear lot line, extending from such opening outward to the front or rear or side of the building, and e: ending upward unobstructed from the lowest point of such window ewe or other opening. Section 10.11 Width of muter Courts. In C-1 Districts the width of outer courts, measured to the lot line, shall be in proportion to the number of stories through which it extends, and shall be not less than five (5) feet for one story, and eight (8) feet for two stories. Where such court serves a building or part of a building used as a dwelling the full width prescribed above shall be provided at the lowest story used as a J.,e ling. The width of an outer court shall be measured to the lot line, except that in case of lots whose side or rear lines abut a public elley, the established center line of such alley may be taken as the point of measurement instead of the corresponding lot line. Section 10.12 Inner Courts. In C-1 Districts where inner courts are provided, they shall conform to the requirements of the Housing Law of 'tichigan. Section 10.13 Corner Clearance for Business Use. In C-1 Districts no business building or structure may be erected between the property lines of intersecting streets or highways and a line joining points on such lines six (6) feet distant from their point of intersection, or in the case of a rounded corner the point of intersection of their tangents. Section 10.14 Residences. To building used exclusively :s a dwelling shall be erected or altered on any lot in C-1 Districts unless the same shall comply with the requirements as to height, lot area, percentage of lot coverage, yards and floor �.. space as in the ordinance z _escribed for dwellings in the residential district abutting on said C-1 District at the nearest distance from said lot. Section 10.15 Size of Buildings Other Than residential. In C-1 Districts no commercial bFuildinC shall hereafter be erected or altered having a first floor area of less than six hundred (600) square feet or as otherwise approved by the City Planning Commission where the use involves a real estate or outdoor sales office, or similar business which does not require such minimum floor space. Section 10.16 Off-Street Parking Facilities. Off-street parking facilities shall be provided as hereinbefore specified in Sections 4.37 to 4.40, inelegive, of this ordinance. ARTICLE 11.00 - 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 Uses Permitted. In all C-2 Districts no buildings or land, except as otherwise provided in this ordinance, shall be erected or used except for one or more of the following specified uses: Page 919 (a) All uses permitted in 11,3 C-1 Districts. (b) Stores and shops for the conducting of a service or a retail business, except that the storage of lumber and other building supplis ibm or similar materials for retail sale shall be housed within a building having four (4) side walls and roof, open storage of this or similar material shall not be permitted. (c) Office and showroom of a plumber, electrician, decorator or similar trade. (d) Personal service shops, such as barber shops, beauty parlors, shoe repair shops, tire repair shops, laundry pickup shops, dry cleaning pickup shops, messenger or telegraph service stations and any similar service or use. (e) Banks, theaters, hotels, assembly buildings, catering establishments, conservatories, sales and show rooms, research and testing laboratories, studios, undertaking establishments, dance halls, recreation halls, parking lots and public owned buildings. (f) Public utility buildings. (g) Establishments within buildings or structures for the repair, alteration, finishing, assembling, fabrication, or storage of goods primarily for the residents of the locality or for sale at retail on the premises, provided there is not in connection therewith the operation of any aetivLV or the storage or display of goods in such manner as to be obnoxious or offensive by reason of the emission of odors, fumes, dust, smoke, waste, lightglare, noise or vibration, and further provided that no cormmercial enterprise shall employ more than five (5) mechanics or workers per each two thousand (2000) square feet of floor area, on the repair, conversion, aa;eration, finishing or fabrication of goc,:is. (h) Advertising signs only when pertaining to the sale, rental or use of the premises on which it is located or to gods sold or activities conducted thereon, or when serving primarily as a directional sign or legal notice. Only one (1) such sign is permitted on a lot, when such lot is four thousand (4000) square feet or less in area, and such sign shall not exceed f':irty-rive (35) square feet in area of display surface and shall not exceed seven (7) feet in length. Signs larger in area than authorized in this section shall not be permitted except upon the approval of the City Planning Commission. (i) Carnivals, outdoor circuses or migratory amusement enterprises upon approval of the City Planning Commission. (j) Dry cleaning plants, garages and auto wash establishments, on approval of the City Planning Commission; provided, however, that such approval shall not be given until, in addition to other requirements and considerations, there is filed with such commission the written consent of the owners of frontage of property immediately abutting the premises involved and the written consent of the owners of seventy (70) percent of the frontage of all property within three hundred (300) feet of such premises and not separated therefrom by more than one street or alley. Page 920 (k) Motels or mot :- •,ourtn upon approval of the City Planning Commission. The commission may pereii:- .;otele and motor courts in C-2 Districts, provided that a public hearing is held and it is established that sixty (60) percent irk of the property owners do not object within five hundred (500) feet distance from any part of the lot area involved, and provided that a lot area equal to that required for a residence shall be provided for management, provided that each unit provides a lot area of one thousand (1,000) square feet for the first room of eighty (80) or more square feet and an additional area equal to twice the room area for each additional room of eighty (80) square feet or more and provided that each unit or group of units shall have two (2) side yards of not less than ten (10) feet each for interior lot side yards; however, when side yards abut a side street then such street side yard shall be not less than twenty-five (25) feet, a front yard of not less than twenty-five (25) feet, a rear yard of not less than ten (10) feet and separate buildings shall be not less than ten (10) feet apart; and further, provided, that each unit shall have one (1) room with not less than one hundred and fifty (150) square feet of floor area, a bathroom of not less than twenty-five (25) square feet of floor area, and not less than fifty (50) square feet of floor area for a kitchenette, if provided; and further, provided, that building height of motel shall not exceed one (1) story or fifteen (15) feet; and further, provided, that no guest shall occupy such accommodations of any motel or motor court for a period of more than one (1) month within any calendar year. (1) Any other use similar in character to the above uses when it is not obnoxious or offensive to the locality by reason of the emission of odor, furies, dust, smoke, waste, lightglare, vibration or noise. Section 11.03 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, �• except as provided in Sections 4.41 to 4.44, inclusive, of this ordinance. Section 11.04 Greenbelt. All non-residential uses, when adjacent to an existing residence or a residential district, shall provide and maintain a greenbelt not less than eight (8) feet in width. Section 11.05 Lot Every lot in C-2 Districts, used as a business, shall have an area sufficient in size to supply an adequate and safe water supply and a safe and adequate sewage disposal system as established by standards required by the State or County 'iealth Departments rules and regulations. In no case shall a business lot be less than four thousand (4000) square feet in area; provided, however, that the minimum area required for dwellings is determined by Section 4.07 of this ordinance. Section 11.06 Front Yard for Co: nercial Buildings,. No front yard is required for commercial buildings in a C-2 District, however, the Master Thoroughfare Plan of the City of Livonia has established street widths under Act 222 of the Public Acts of 1943, as amended, and in no event shall the street wall of a building be established nearer to the street than the future street line as established by the Master Thoroughfare Plan. Section 11.0? 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. Where a structure or any part thereof is to be used for residential purposes, a side yard of ten (10) feet `... shall be provided on each side of such residential building. Page 921 Section II.03 Side Yards on the Street Side of Corner Lots. In C-2 Districts no side yard is required on the street side of corner lots. Section 11.09 Rear Yards. In C-2 Districts no rear yard is required, except 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. 6... Section 11.10 Outer Courts. When a side yard is not provided along an interior side lot line or a rear yard is not provided along an interior rear lot line in C-2 Districts, an outer court or courts shall be provided opposite any windows or other openings (other than emergency exits or vents) which face such side or rear lot line, extending from such opening outward to the front or rear or side of the building, and extending upward unobstructed from the lamest point of such window or other opening. Section 11..11 Width of Outer Courts. In C-2 Districts the width of outer courts, measured to the lot line, shall be in proportion to the number of stories through which it extends, and shall be not less than five (5) feet for one story, and eight (8) feet for two, stories. 'there such court nerves a building or part of a building used as a dwelling the full width prescribed above shall be provided at the lowest story used as a dwelling. The width of an outer court shall be measured to the lot line, except that in case of lots whose side or rear lines abut a public alley, the established center line of such alley may be taken as the point of measurement instead of the corresponding lot line. Sect:ton 11.12 Inner Courts. In C-2 Districts where inner courts are provided, they shall conform to the requirements of the Housing Law of Michigan. Section 11.13 Corner Clearance for Business Use. In C-2 Districts no business building or structure shall be erected between the property lines of intersecting streets or highways, and a line joining points on such lines six (6) feet distant from their point of intersection, or in the case of a rounded corner the point of intersection of their tangents. Section 11.14 :tesidences in C-2 Districts. No building used exclusively as a dwelling, shall be erected or altered on any lot in C-2 Districts unless the same shall comply with the requirements as to hei ht, lot area, percentage of lot coverage, front and rear yards and floor apace as in this ordinance prescribed for dwellings in the R-3 Residential District. Section 11.15 Size of Buildings. No commercial or business building shall hereafter be erected or altered in a C-2 District having a first floor area of less than four hundred (400) square feet or as otherwise approved by the City Planning Commission where the use involves areal estate or outdoor sales office, or similar business which does not require such rdnilara floor space. Section 11.16 Off-Street karkinl Facilities. Off-street parking facilities shall be provided as hereinbefore specified in Sections 4.37 to 4.40, inclusive, of this ordinance. 1 1TICI 12.00 - CC DISTiU RECUTATI0h3 Section 12.01 Application of Article. The regulations set forth in this article shall apply in all CC Districts. Page 922 Section 12.02 Uses Permitted. In the District no building shall be erected or used, or land used, in whole or in part, except for one or more of the following uses: lift (a) 'unicipal or civic center purposes. (b) A site for city hall, auditorium, library, post office and other desirable civic buildings (c) Public and semi-public buildings. (d) Accessory uses, parka, public grounds, thoroughfares and other similar or incidental uses. ARTICLE 13.00 - P-1 AI ' z IC5 .^ ULATI0NS. Section 13.01 Application of Article. The regulations set forth in this article shall apply in all P-1 Districts. Section 13.02 Uses Permitted. In all P-1 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 1 Limitation of tha Use. `..r (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 permitted 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. (e) No sign shall be erected upon such parking areas, except not more than one (1) sign at each entrance to indicate the operator, the purpose for which operated, and the parking rates. Such signs shall not exceed fifteen (15) square feet in area, shall not extend more than ten (10) feet in height above the nearest curb and shall be entirely upon the parking areas. Section 13.01 Location. All P-1 Districts shall be contiguous to a Business District and/or Industrial Districts; provided, however, that there may be a private highway or public street or public alley between such P-1 District and such Business Districts and/or Industrial Districts. Page 923 Section 13.05 Inqress and Egress. Adequate ingress and egress shall be provided in accordance with the plan which shall be submitted, in triplicate, to the City Planning Commission and which it may either approve or deny. Section 13.06 Surfacing and Drainage. Such parking area shall be surfaced 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 Protective Barrier. (a) When such parking area boundary adjoins property zoned for any residential use, a dense shrubbery planting of trees and shrubs as approved by the Department of Parks and .iecreation shall be established on a strip of land eight (8) feet in width adjacent to the residential district. Shrub planting shall be dense, not less than five (5) feet in height nor more than eight (8) feet in height and shall be maintained in a healthy growing condition. (b) All street boundaries of such parking areas, where residential property is located on the opposite side of the street, shall be treated the same as set forth in paragraph (a), except such portions as are used for entrances and exits. Section 33.08 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 ]3.09 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 ligl:,:_ need be maintained. Section 13.10 Approval. Plans for the development of any such parking area must be approved by the City Plcr Lng Commission before construction is started. No such land shall be used for parking purposes until approved by the Bureau of Inspection. ARTICLE 14.00 - M-1 D.:3TRICT REGULATIONS Section 14.01 Application of Article. The regulations set forth in this article shall apply in all M-1 Districts Section 14.02 Uses Permitted. Ir: all. '.`-1 Districts no building or land shall be erected or used except for one or more of the following uses: (a) Any use of land or buildings which is permitted in an A" or C-2 District, except all types of dwellings. r.. Page 924 (b) Light industrial plants; machine shops; manufacturing of furniture, hardware, jewelry, tools, dies, gauges, instruments, patterns, tobacco products, leather goods, paint, varnish, plastic articles, boxes, paper articles, wearing apparel, shoes, pharmaceutical articles and similar items; and small shops for fabricating, assembling and developing activities and processes. (c) Any wholesale or jobbers business. (d) Storage buildings, warehouses and yards for wholesalers, distributors and jobbers, and for lumber, building materials and supplies, coal, coke, fuel and similar items. (e) 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, millwork and lumber planing mills, tinsmith and sheetaetal shops, and paint shops (f) Gasoline and oil service stations, garages, repair shops and similar highway s :V'ces (g) Terminal facilities and freight houses for railroads, truck lines and motor transport., (h) Uses similar to the above specified uses. (i) Uses accessory or incidental to the above permitted uses. Provided, however, that no use above specified shall be allowed where such use is %ow contrary to any of the provisions or conditions contained in this article. Section 14.03 Uses Prohibited. In all M-:i 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) Junk yards and businesses handling June, wastes, trash or rubbish. (b) Used auto parts or auto wrecking establishments. (c) Incubation, raising or storing of poultry (d) Slaughtering of animals. (e) Use or operation of punch presses, steam hammers, stamping machines, forging equipment and automatic screw machines, except light punch presses and light stamping machines which otherwise comply with this section (f) heavy manufacturing, drop forging plants, foundries and boiler works. (g) 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. Page 925 (h) All dwellings of every kind. (i) Uses similar to the above specified le ^s. Section 14.01 Measurable ::oise. In all M-1 Districts the measurable r,.. noise emanating from the premises used for activities permitted under this article shall not exceed sixty-five (65) decibels as measured fraa the outside of the walla or roof of the building occupied for such uses. Section 14.05 Greenbelt. All uses of land or buildings, when located adjacent to any residential or business district, shall provide and maintain a greenbelt not less than twenty (20) feet in width. Section 14.06 Off-Street P skin, . Off--:street parking facilities shall be provided as hereinbefore specified in Sections 4.37 to 4.40, inclusive, of this ordinance. Section 1122 IIuil height. No building hereafter erected or altered on arq M-1 District, shall exceed thirty-five (35) feet in height, except as provided in Sections 4.41 to 4.44, inclusive, of this ordinance. Section 14.08 Yard Requirements. Where a building is hereafter erected or altered in any *-1 District, the principal use of which is a use permitted in a C-2 District, the front, rear and side yard requirements shall be the eerie as those provided in Article 11..00 of this ordinance. There a building, other than a dwelling or a building accessory thereto, is hereafter erected or altered in agy M-1 District, the principal use of which is a use not permitted in a C-2 District, the yard requirements forsuch building are as follows: r... (a) 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 depth of at least twenty ; ^) feet and the side yards shall be not loss than ten (10) feet each; (b) 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 yar'^ shall be at least fifty (50) feet each in depth and the side yards shall not be less than twenty (20) feet each; (c) 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 two hundred (200) 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 open storage of materials shall be located not less than one hundred (100) feet from the front lot line; and, further provided, that when stored materials are of a combustible character, then one sides yard shall be maintained twelve (12) feet in width open to the street, which shall be drained and surfaced to permit free access to the rear of the property by fire trucks; and, provided further, that notwithstanding the foregoing provisions of this section, where any such lot facrs a major thoroughfare having an existing or planned width of one hundred twenty (120) feet or more, as shown on the Matter Thoroughfare 'elan, the front yard shall have a depth of at least one hundred (100) feet; and, provided further, that the yard requirements set forth in this section shall not apply to property lines adjacent to any railroad right-of-wey. Page 926 Section 14.09 Dwellings. Nothing contained in this article shall affect or interfere with dwellings now existing in any 1.1 1 District, or with any buildings accessory to such dwellings, or in any way prevent the owners thereof from mardng any additions, alterations or repairs to such dwellings or erecting any buildings accessory L.. thereto; provided, however, that all such dwellings and buildings accessory thereto shall conform to the sane requirements as are provided in this ordinance for the nearest district in which dwellings may hereafter be lawfully erected. ARTICLE 15.00 - M-2 DISTRICT REGULATIONS Section 15.01 Application of Article. The regulations set forth in this article shall apply in all -2 Districts. Section 15.02 Uses Permitted. In all 2 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) Any use of land or buildings which is permitted in an District. (b) Any lawful use of land or buildings not herein expressly provided for or prohibited (c) :!eavy manufacturing and general industrial plants. (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 15.03 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 following uses: (a) All dwellings of every kind, except such dwellings as are expressly permitted in an 'i 1 District. (b) Retail stores, business or sales, unless the same is strictly incidental to a principal use permitted in Section 15.02 of this ordinance. (c) Tanneries, slaughter houses, 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 (1000) feet from any district zoned as residential. Page 927 (d) The operation of forgings by steam or board hampers except where located more than one thousand (1,000) feet from any district zoned as residential, and where approval is given by the City Planning Commission. P.o such approval shall be given until the Commission is Ill 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 (o) Uses causing or resulting in obnoxious, offensive, injurious, dangerous or unhealthy odors, fumes, dust, smoke, noise, glare of lights, waste, discharge or by-products, or the accumulation of unsightly waste materials on private or public property. (f) Uses similar to the above specified uses. Section 15.011 Greenbelt All uses of land or buildings, when located adjacent to any residential or business district, shall provide and maintain a greenbelt not less than twenty (20) feet in width. Section 15.05 Off-Street Parking Facilities. Off-street parking facilities shall be provided as hereinbefore specified in Sections 4.37 to 4.40, inclusive, of this ordinance. Section 15.06 Building Height. No building hereafter erected or altered in any M-2 District shall exceed forty-five (45) feet in height, except as provided in Sections 4 41 to 4.44, inclusive, of this ordinance. Section 15.07 Yard 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 (10) acres and which is used only for a purpose or uses expressly permitted in an 2+-1 District, shall have the same front, rear and side yards as are required in an M-1 District; provided, however, that notwithstanding the foregoing provisions of this section, where any such parcel abuts on the boundary of any district zoned other than 2 or of any thoroughfare shown on the Master Thoroughfare Plan, any yard of such parcel abutting on any such boundary shall not be less than two hundred (200) 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 15 .08 Dwellings. Any dwelling, or building accessory thereto, situated within any 14,-2 District shall conform to the same requirements as are provided in this ordinance for the nearest district in which dwellings may be hereafter lawfully erected. ARTICLE 16.00 - COhMiUNITY UNIT PLAN Section 16.01 Authorization to Make Plan. 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 a plan for the use and development of all of the tract of land for residential purposes as permitted in R-1 and R-2 Districts and a neighborhood shopping center when such residential area is large enough to support such neighborhood shopping center. The City Planning Commission shall make a study of the proposed plan Page 928 and hold the necessary public hearing and make its report. If the City Planning Commission approves the plans, it shall submit recommendations to the City Council for its consideration and approval. IIISection 16.02 Contents of Report. The approval and recommendations of the City Planning Commission shall be accompanied by a report stating the reasons for approval of the application and specific evidence and facts showing that the proposed community plan meets the following conditions: (1) That the property adjacent to the area, included in the plan, will not be adversely affected. (2) That the plan is consistent with the intent and purpose of this ordinance to promote public health, safety, morals and general welfare. (3) That the buildings shall be used only for residential purposes, unless the area is large enough to support a neighborhood shopping center, then such business area shall be related to the proposed estimated population of the area; and the usual accessory uses, such as garages, storage space or community activities, including churches. (4) That the average lot area per family contained in the site, exclusive of the area occupied by streets, will be not less than the lot area per family required in the district in which the development is located. (5) That the front, side or rear yards on the perimeter of the project shall be not less than the yard requirements for the district in which the IIIdevelopment is located. A tTICLE 17.00 - CITY PLANNING COMMISSION Section 17.01 Appointment, Powers 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 Pf 1921, as amended; is hereby designated as such =mission 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 :Ichigan of 1931, as amended, together with such other powers and duties as are given to such commission by the provisions of this ordinance, including authority to act on all matters requiring the approval or action of such comission. Section 17.02 Authority to Approve Uses. Whenever in this ordinance the lawful exercise or existence of a use requires the approval of the City Planning Commission, such commission is hereby authorized and directed to investigate the matter requiring such approval, to conduct a hearing thereon, to make a determination, to either grant or refuse approval and to do all things reasonably necessary to the making of such investigation and determination, subject to the provisions of Sections 17.03 to 17.07, inclusive, of this ordinance. Page 929 Section 17.03 ilearinj Notice. Prior to conducting a hearing as authorized in Section 17.02 of this ordinance, the City Planning Commission shall cause notice of such hearing to be given as follows: (a) Where approval is rcr red under Section 3.06, Section 4.13, Section 4.15, Section 4.44, sub-sections (b), (g), (i), (j) and (It) of Section 5.02, sub-sectio:_ '') of Section 6.02, Section 7.03, sub-sections (f) and (h) of Section 9.02, sub-sections (c), (f) and (,_; of Section 10.02, sub-sections (h), (i) and (j) of Section 11.02 and Sections 11.15, 13.05 and 13.10 of this ordinance, written notice of such hearing shall be given, at least seven (7) days prior to the hearing, to the applicant or petitioner and likewise to all persons to whom any real property within five hundred (500) feet of the premises in question shall be assessed, such notice to be delivered personally or by mail addressed to the respective owners at the addresses given in the last assessment roll, except where such notice is waived in writing by the person or persons entitled thereto. (b) Where approval is required under sub-section (g) of Section 6.02, sub-sections (g) and (i) of Section 9.02, sub-sectio:: (k) of Section 11.02, sub-sections (c) and (d) of Section 15.03 and Section 16.01 of this ordinance, notice shall be given as provided in the foregoing paragraph (a) of this section and, in addition thereto, such notice shall be published in the official newspaper designated by the Council, t least seven (7) days prior to the hearing. (c) Where approval is required under any sections or sub-sections of this ordinance, other than those sections or sub-sections listed in the foregoing, paragraphs (a) and (b), written notice to the applicant or petitioner only shall be given at least four (4) days prior to such hearing, unless such notice is waived in writing by the person or persons entitled thereto. Section 17.04 Surveys and Plans. Where the City Planning Commission is empowered to approve certain uses of premises under the provisions of this ordinance or in cases where the commission is required to make an investigation, the applicant shall furnish such surveys, plans or other information as may be reasonably required by said commission for the proper evaluation and consideration of the matter. Section 17.05 Hearing; !flatters to Be Considered. In making any investigation and determination authorized by the provisions of this article, the City Planning Commission shall consider (a) whether or not there has been a compliance with the provisions of this article; (b) whether or not there is proper yard space, parking facilities, loading space, percentage of lot coverage, greenbelts, size of buildings, lot area and other conditions required by this ordinance; (c) whether or not the use involved is or would be injurious or detrimental to the surrounding neighborhood; Irma (d) whether or not the use involved is in accord with the spirit and purpose of this ordinance; Page 930 (e) whether or not the use involved would constitute a public or private nuisance; and (f) whether or not the use involved would JL;;turb or block the natural or planned development of the surrounding neighborhood. Section 17.06 Determination. Each determination 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 17.07 :Mules. The City Planning Commission is hereby authorized to make rules of procedure consistent with the statutes of 'iichigan and the provisions of this ordinance. ARTICLE 18.00 - ADMINISTRATION Section 13.01 Enforcement. The ,ureau of Inspection shall administer the provisions of this ordinance, and shall enforce such provisions with the assistance of the Police Department. Secti3r_ 13.02 Permits Required. No building or part thereof shall be hereafter erected, altered, moved or repaired, nor shall the same be used for a new purpose, nor shall any change or enlargement be made in the use of such building, or part thereof, unless a zoning permit for such erecting, altering, moving, repairing, new purpose, change or enlargement is first issued by the Bureau of Inspection. No land heretofore vacant shall hereafter be used nor shall an existing use of land be �... hereafter changed to a use of a different class or type unless a zoning permit is first obtained for the new or d :$erent use. Such zoning permit shall be required in addition to any permit required under the provisions of Section 4.13 of this ordinance. Section 18.03 Permits; Application; Issuance; Post.::. An application for a zoning permit shall be made to the Bureau of Inspection. Such application shall be accompanied by a plat in duplicate, drawn in scale, showing the exact dimensions of the land the building to which the permit is to apply, the lines of all the lots or paveels under separate ownership contained therein, the width of and alignment of all abutting streets, alleys, easements and public places; the area, size, position and height of all buildings; duplicate plans, drawn to scale, of the proposed building or alteration and such other information as may be deemed necessary for the proper enforcement of this ordinance. An accessory building, when erected at the same time as the principal building on a lot and shown on the application thereof shall not require a separate permit. Whenever the buildings, lands and uses thereof as set forth on the application are in conformity with the provisions of this ordinance, it shall be the duty of the Bureau of Inspection to issue a permit within ten (10) days after the receipt of such application. All permits when issued shall be conspicuously posted upon the premises. In all cases when the Bureau of Inspection shall refuse to issue a permit, it shell state such a refusal, in writing, with the cause and reasons for said refusal. 1.3.9t_101_11.82.2.4 Permit Fees. No permit shall be issued under the provisions of this ordinance until there shall have been paid to the city Treasurer a permit fee in accordance with the schedule hereby established as follows: Page 931 (a) for each permit issued under the provisions of Section 4.13 of this ordinance One ::undred (;100.00) Dollars. (b) for each permit issued involving land or buildings located in R-1, t'i-2, U-3, R-U»F and AG Districts . . .. . . Two(w2 00) Dollars. (c) for each permit issued involving Land or buildings located in C-1, C-2 or a P-1 District Seven (37.00) Dollars. (d) for each permit issued involving land or buildings located in an M-1 or M-2 District Fifteen 015.00) Dollars. (e) for all other permits, such fees as ::.may be fixed by resolution of the City Council. Section 18.05 Duration of Permit. Arty permit issued under the provisions of this ordinance shall be valid for a period of six (6) months from the date of the issuance thereof, unless revoked prior to the temination of such six (6) months period. >cc'eion 1x.06 :/.evocation of Permit. Any permit issued under the provisions 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 _;rmit; (b) shall have violated any of the provisions of this ordinance; (a) shall have failed to satisfy the requirements of this ordinance or of arty 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 18.07 Inspection. It shall be the duty of the holder of every permit to notify the Bureau of Inspection, in writing, of the time when such building or premises will be ready for inspection. Two such inspections shall be requested on all buildings. The first of these inspections shall be requested when excavation for foundations has been completed, and the second 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 or 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 the permit and before reissuing such permit the Bureau of Inspection mey 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 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 13.0q Certificate of Compliance Required No land or building, or part thereof, shall be occupied by or for any use for which a zoning permit is required by this ordinance unless and until a Certificate of Compliance shall have been issued by the Bureau of Inspection for such new use. No building or part thereof, ►`— which is hereafter erected or altered, shall be occupied or used unless and until a Certificate of Compliance shall have been issued for such building. Certificates of Occupancy as required by the Building Code of the City of Livonia, Ordinance Number 51, may be so prepared and worded as to include and constitute Certificates of Compliance as required by this ordinance. Page 932 Section 18.09 Temporary Certificate of Occupancy. The Bureau of Inspection, on approval of the Zoning Board of Appeals and on a satisfactory showing to 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 t,h t such certificate shall not be effective for longer than six (6) months, provided further that such portion of the building is in conformity with the provisions of this ordinance, and provided further :. t the applicant has agreed in writing to comply with all ,of such provisions as to the entire building. Section 13.10 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 18.11 Certificates For Valid Non-Conforming Uses. A certificate shall be required for each valid non-conforming use, as that term is defined in Sect__,n 4.17 of this ordinance. Such certificate shall state that, on consideration 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 non-conforming use existing pursuant to Sections 4.17 and 4.18 of this ordinance. Such application shall be filed with the 'hireau of Inspection by the owner or leasee of the building or land occupied by such non-conforming 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 application. 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 non-conforming 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 ccA;tinued use, as a dwelling, of any dwelling lawfully existing at the tine this ordinance becomes effective, or prevent any alteration, repair or improvement of, or addition to such dwelling as provided by Section 4.21 of this ordinance. Section 18.12 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 thi Bureau of Inspection and cede c shall be furnished to any person having a proprietary or tenancy interest on payment to the City Treasurer of a fee of one ( x1.00) Dollar each. A record of all applications shall likewise be kept on file in said office. AlTICLE 19.00 - ZONING BOARD OF APPEALS. Section 19.01 Creation of Board. A Board of Appeals consisting of six 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. Page 933 Section 19.02 Appointment of "embers. 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 provisions of Ordinance to. 7 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 19.01 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 es members of the Board of Appeals, created under the provisions of Ordinance Bio. 7. Section 19.03 Term of Office. Each member of the Zoning Board of 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 periods provided in Section 19.02 of this ordinance; and thereafter two (2) members shall be appointed each year, each for the full three (3) year term. Section 19.04 .2"4_cers. The Zonin Page 934 (g) In those cases where a district boundary line divides a lot of record, the board shall have 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. (h) Such board may permit vL2^1.ation in the use and location of buildings on any lot abutting a different zoning district, provided that the use or location shall not have an undesirable effect upon the more restricted district and provided further that the yard requirements cannot be less than fifty (50) percent of the requirements for the : ore restricted district, and provided further that the variation shall not extend more than fifty (50) feet into the more restricted district. (i) Such board may permit the erection of a building to its full height or use, as originally planned, when the existing foundations and structural members aro designed to carry such buildings higher. (j) Such board may permit variations in the requirements for outer courts in dwellings, and permit such variation or modification of yard, lot area, and percentage of lot coverage, and floor area requirements of this ordinance as may be necessary to secure an appropriate improvement of a parcel of land which has such size, shape or dimension, or which has such peculiar or exceptional geographical, or topographical conditions that it cannot be appropriately improved without such variation or modification, provided that the purpose and spirit of this ordinance shall be observed, public safety secured and substantial justice done. (k) Such board may permit a variation or modification in the required location of off-street parking facilities, or in the amount of off-street parking facilities required or both, if after investigation by the board it is found that such variation is necessary to secure an appropriate development of a specific parcel of land which has such peculiar or exceptional geographical or topographical conditions or is of a size, shape or dimension that it cannot be reasonably developed in accordance with the provisions of Sections 4.37 and 4.38 and that any variation will not be inconsistent with the spirit and purpose of this ordinance, with public safety and with substantial justice. (1) No variance in the application of the provisions of this ordinance shall be made by the Zoning Board of Appel._: 'elating to buildings, land or premises now existing or to be constructed, unless after a public hearing, the board shall find that such variance will not (1) adversely affect the purpose or objectives of the Master Plan of the City of Livonia; (2) impair the adequate supply of light and air to adjacent property; (3) increase the hazard from fire, flood and other dangers of said property; 4) diminish the marketable value of adjacent lands and buildings; (5) increase the congestion in the public streets; or Page 935 (6) otherwise impair the public health, safety, comfort and general welfare. (m) Such board shall have the authority to adopt and enforce rules of procedure c insistent with the statutes of the State of :ichigan, the Charter of the City of Livonia and the provisions of this ordinance. Section 19.07 Appeals How Taken. An appeal may be taken by any person aggrieved or by any officer, department, board or bureau of th_ ty of Livonia. Such appeal shall be taken within such time as shall be prescribed by the Zoning Board of Appeals by rule, by the filing with the officer f ro:a whorl 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. Section 19.08 Stay. An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Zoning 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, on application, on notice to such officer and on due cause shown. Section 19.09 Hearing. The Zoning 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 111 owners 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 person or by agent or attorney. Section 19.10 Decision. The concurring vote of two-thirds of the :aembers of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, 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 in 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 for the preservation of property or personal rights and shall so certify on the record. Section 19.11 Filing Fees Each application for appeal shall be given a number and shall be accompanied by a filing fee of Five (;;5.00) Dollars. Section 19.12 Meetings and Records. At least one (1) regular meeting shall be held each month by the Zoning Board of Appeals, as provided in the rules of the board. Special meetings may be called by the Chairman or any three (3) members. 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 absence, the Vice-Chairman may administer oaths and compel the attendance of witnesses. Section 19.13 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 provisions of rdinance Ho. 7 of the City of Livonia, shall continue before the Zoning Board of Appeals created by Section 19.01 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 Zoning Board of Appeals. Page 936 ARTICLE 20.00 - MISCELLANEOUS PROVISIONS II! Section 20.01 Amendments. This ordinance may be amended, from time to time, pursuant to the provisions of Section 4, Act 207, Public Acts of Michigan of 1921, as amended. All amendments shall be made in the manner provided in this section and 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; or (c) By written application in triplicate, addressed to the Council, duly signed by the owners of fifty percent (501 or more of the frontage in any district or part thereof, duly acknowledged by each owner substantially in accordance with the statutory provisions for acknowledgment of deeds, and accompanied by the filing fee hereinafter fixed. III Each proceeding, whether originating by resolution or application, shall be designated as a "petition", shall be submitted to the City Attorney for his approval as to form and, on such approval, shall be filed in the office of the City Clerk and given a number. Where a petition is presented by a property owner or property owners, such petition shall state the names and addresses of the owner or owners, a complete description of the property involved, the existing zoning classification of such property, the change or amendment desired and the reasons for such change or amendment. Each petition of a property owner or owners shall be accompanied by a filing fee of Five (:5.00) Dollars; provided, however, that each subsequent petition involving 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 no additional fee is required on the first petition for rehearing of a prior petition, but a filing fee of Twenty-five 025.00) Dollars is hereby fixed for each additional petition for rehearing of such prior petition. All filing fees shall be paid to the City Treasurer. On receipt of a petition for amendment in due form and on payment of the required filing fee, the City clerk shall forthwith refer such petition to the City Planning Commission. Such commission shall, within ninety (90) days following reference to it of a petition, hold a public hearing on the petition, grant any person interested an opportunity to be heard thereon and make a report and recommendation on such petition to the Council. Not less than fifteen (15) days' notice of the time and place of such public hearing shall first be published in the official newspaper or a paper of general circulation in the City of Livonia, and not less than fifteen (15) days' notice of the time and place of such public hearing shall first be given by registered United States mail to each public utility company and to each railroad company owning IIIor operating any public utility or railroad within the district or zones affected. Page 937 The Council shall either approve or reject the recommendations of the City Planning Commission; provided, however, that all amendments to this ordinance or to such Zoning ? ap shall be made by ordinance; and, provided further, that in case a protest against a proposed �_ . _: '_myant be presented, duly signed by the owners of twenty (20) percentum or more of the frontage proposed to be altered, or by the owners of twenty (20) percentum or more of the frontage immediately in the rear thereof, or by the owners of twenty (20) percentum of the frontage directly opposite the frontage proposed to be altered, such amendment shall not be passed except by the three-fourths vote of the council. Section 20.02 Co iplianc2. No land or building within the City of 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. Ho 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. Section 20.03 Violation fluisance 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 nuisance 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 20.04 Penalty. Any person, firm or corporation who shall violate or fail 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 upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars (;500.00), or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment in the discretion of the "curt. Each act of violation and every day upon which such violation shall occur shall constitute a separate offense. Section 20.05 Other zermedies. In addition to all other remedies, including the penalties provided in Section 211.04 of this ordinance, the City of Livonia may commence and prosecute appropriate actions or proceedings in the Circuit Court for the County of Wayne or any other court having jurisdiction, to restrain or prevent any non-compliance with, or violation of any of the provisions of this ordinance, or to correct, remedy or abate such non-compliance or violation. Section 20.06 rZepeal. The following ordinances are hereby expressly repealed: (a) The Zoning Ordinance of the Township of Livonia, adopted by the Livonia Township Board on December 6, 1945, as amended; (b) Ordinances No. 7 of the City of Livonia, known as the Zoning ordinance of the City of Livonia, adopted June 26, 1950, ss amended; (c) All prior Zoning Ordinances and zoning ;:maps of the City of Livonia; and 111 (d) All other ordinances or parts thereof, in conflict with the provisions of this ordinance, to the extent of such conflict. Page 93 8 Section 20.07Severability This ordinance and the various parts, sentences, paragraphs, sections and clauses thereof are hereby declared to be severabl._. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid for any reason, such holding shall not affect the re:-wining portion of this ordinance. Section 20.01 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. A roll call vote was taken on the foregoing ordinance with the following result. AYES: Grimm, Whitehead, Carey, Taylor and Edgar. NAYS: None Vice-President Edgar declared the foregoing ordinance adopted and effective as an emergency ordinance on the date of publication, November 14, 1952 Councilman Carey introduced the following Ordinance NO. 61 AN ORDINANCE AMENDING SECTIONS 1 AND 4 OF ORDINANCE NO 3, ENTITLED "AN ORDINANCE CREATING A CITY PLANNING COMMISSION FOR THE CITY OF LIVONIA AND PRESCRIBING ITS POWERS AND DUTIES." THE CITY OF LIVONIA ORDAINS: Section 1 Sections 1 and 4 of Ordinance No 3, entitled "An Ordinance creating a City Planning Commission for the City of Livonia, and Prescribing Its Powers and Duties", are hereby amended to read as follows: Section 1 That a City Planning Commission is hereby created pursuant to Act 285, Public Acts of Michigan for the year 1931, as amended; Section 20, Chapter IV, of the Charter of the City of Livonia, and the ordinances of the City of Livonia Section 4. That said City Planning Commission is hereby vested with all the authority, powers and duties given to such commission by the provisions of said Act 285, as amended, and the ordinances of the City of Livonia, including Ordinance No 60, 60 entitled "Zoning Ordinance" Page 939 Section 2. That all ordinances or parts of ordinances in conrlict herewith are hereby repealed only to the extent necessary to give this ordinance full force IL and effect Section 3 That, should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portion of this ordinance. Section 4 That this ordinance is hereby declared to be an emergency ordinance necessary to the protection of the public health, safety and welfare, and shall take effect immediately on publication A roll call vote was taken on the foregoing ordinance with the following result: AYES: Grimm, Whitehead, Carey, Taylor and Edgar NAYS None Vice-President Edgar declared the foregoing ordinance adopted and effective as an emergency ordinance on the date of publication, November 14, 1952 On motion of Councilman Whitehead, seconded by Councilman Taylor and unanimously passed, the meeting was adjourned at 11:40 P M , October 28, 1952 IL —Jj - :7 -. 1i. ar'e W Clark, City Clerk Attested: 94 / — . _ _,l. \ _ .,� II Wilson W. Edgar, V e-Pre- f•ent