Frequently Asked Questions
Quick Links:
Questions regarding zoning:
Zoning – projects that DO require a permit
Zoning – projects that DO NOT require a permit
Zoning – variances & denied applications
Garage/yard/rummage/estate/auction Sales (INCLUDES sign information for such sales)
Questions regarding signs:
Other miscellaneous questions:
Curb cuts, sewer & water connections, & trees
Housing assistance (CDBG, MSHDA, and HUD assistance)
Q: What is zoning?
A: Zoning is a tool used by governments to promote the public health, morals, safety and general welfare of citizens. It encourages development that maintains the character of neighborhoods, regulates the locations of certain buildings and land uses, prevents overcrowding, and provides guidance for the future growth of the city.
Q: What is my property zoned?
A: You can look up the zoning classification of your property at the assessors website.
Q: What are setback requirements and where do I find them?
A: Setback requirements are the minimum amount of space a building or structure needs to be set back from other structures, features, or property lines. Throughout the “frequently asked questions” page, you will see that different features need to be set back from other features depending on what they are. For a list of residential setback requirements for primary structures, more commonly known as your “house”, please follow the link provided.
Zoning – projects that DO require permit
Q: Do I need a Zoning Permit to build or replace a deck, fence, garage, driveway/walkway, or shed? How about to start a new business?
A: YES. The answer to all of the above is almost always yes. Even If you are replacing an existing structure, you still need a Zoning Permit. While certain things may have been acceptable in the past, they may no longer be allowed. The new/replacement structure or business must be in compliance with the current Zoning Ordinance.
The only time you may not need a zoning permit, is if you are doing repairs that will not expand or shrink the size of a structure or change the use of the property.
Q: What does a Zoning Permit cost?
A: This fee can vary. Single-family Residential applications typically run from $10 to $15 depending on the work being done. Multi-family, commercial, and industrial applications will cost between $25 and $50.
IMPORTANT NOTE: Additional fees may be necessary if a Variance, Site Plan, Special Use, Rezoning, Text Amendment, or other type of specialized application is required. Consulting costs may be additional.
IMPORTANT NOTE: Large commercial and industrial developments will typically cost more depending on the size, scope, and specific application type needed. These fees can range from $75 to $250 or more. Some fees are based on staff hours spent reviewing the project or consultant costs.
For more information, please read the Permit Process page.
Zoning – projects that DO NOT require a permit
Q: What can I do that does not require a Zoning Permit?
A: There are some small projects that will not require a zoning permit. Some examples include painting a house or replacing siding, planting flowers, re-shingling an existing roof, making interior improvements or alterations, or replacing windows are some examples of things that do not require a Zoning Permit.
Basically, if it changes the use of your property, expands the size of an existing structure, or adds a new one, than it probably requires a Zoning Permit.
IMPORTANT NOTE: Even if a Zoning Permit is not required, a Building permit may be. To find out about building permits, contact the South Central Michigan Construction Code Inspection (SCMCCI) office at 1-888-249-7077.
For more information, please read the Permit Process page.
Zoning – variances & denied applications
Q: What happens if I want to do something that does not meet the requirements of the zoning ordinance?
A: If your application has some sort of extraordinary or unusual circumstance that prevents you from doing something that you feel you should be allowed to do, you may file a Zoning Variance Application. This application will have to be reviewed by the Zoning Board of Appeals. The process may take approximately 45-60 days. All residents and property owners within 300 feet of the property in question will be notified by mail of the appeal. Additionally, a public notice will be published in the local newspaper to inform citizens that the application will be up for review.
It is advised that you speak with the Planning Director before taking such actions so as to reduce unnecessary costs.
Q: What if my application is denied?
A: It depends what the application was for and why it was denied. Different types of application may be reviewed either by the Planning Commission, Zoning Board of Appeals, or Signs Appeals Board. It is best to discuss the best course of action with the Planning Department.
For more information, please read the Permit Process page.
Q: How close to my lot line may I build my fence?
A: Generally, you may build your fence up to the edge of your lot, so long as you stay on your parcel of land. If you are unsure of where your lot lines are, it is recommended you contact a professional surveyor to determine their locations. If your property is on a corner lot and you would like to place a fence in a yard near an intersection, it may not obstruct the vision of a person operating an automobile.
Q: How tall may my fence be?
A: Fences in the side & backyards may be a maximum of six (6) feet in height. Fences in the front yard may be a maximum of four (4) feet in height. The front yard is considered to be everything from the closest portion of your home or primary structure, to the city right of way (approximately the inside edge of a sidewalk). Everything else will be considered a side or backyard. The red dashed line and letting in the diagrams below illustrates the front, side, & back yards.
Q: What may my fence be made out of?
A: Treated, painted or prefabricated lumber and fencing materials, wrought iron, or chain link are some examples of acceptable fencing materials. DO NOT USE barbed, chicken, razor, or farm wire (some exceptions are made for heavy commercial or industrial zoning districts, please speak with the Zoning Administrator for more details). Electrified fences are strictly prohibited on ALL property in the city.
Q: What is an accessory structure?
A: Almost any detached structure on your property that is not attached to your home (otherwise known as your “primary dwelling unit”) is probably considered an accessory structure. This includes but is not limited to garages, decks, patios, sheds, green houses, and so on. Pools are not accessory structures and have different guidelines listed below.
Q: What are the setback requirements for my new/replacement detached garage or accessory structure?
A: A garage or accessory structure (except swimming pools) must be five (5) feet from your property line and ten (10) feet from all other structures on your property. That includes all garages, sheds, decks, homes, greenhouses, and so on.
Q: How large may my DETACHED garage be?
A: All of the structures on your property (not including driveways, walkways, and landscaping) may not cover more than 30% of you yard space. For example, if your yard was 7,500 sq. ft., you home, garage, shed, and all other structures combined may not cover more than 2,250 sq. ft.
The MAXIMUM size for a detached garage on ANY lot is 1,000 square feet. Additionally, it may only be one (1) story in height.
Q: How large may my ATTACHED garage be?
A: An attached garage is considered part of the “primary structure,” (in most cases that would be your house) and will be treated as part of it. In this case, the home (garage & all) must meet the setback requirements for your zoning district.
Q: Does my driveway and parking area have to be gravel, cement, or asphalt?
A: Yes. ALL DRIVEWAYS must be improved with at least gravel. You MUST remove six (6) inches of topsoil, so that all vegetation has been completely cleared before applying the gravel surface.
If you are parking five (5) or more cars on any Single-family RESEDENTIAL property, it must be improved with at least gravel.
MULTI-family RESEDENTIAL and all commercial and industrial properties that park five (5) or more cars, will require cement or asphalt surfaces for off-street parking.
Q: May I park in my front yard on a residential property?
A: Yes, with limitations. No more than fifty (50) percent of your front yard may be used for parking, up to a maximum of 1,500 square feet.
ALL FRONT YARD PARKING & DRIVEWAYS must be upon an improved surface. Parking surfaces may be no closer than three (3) feet to any neighboring property.
Q: May I park in my side or backyard on a residential property?
A: Yes. Any vehicle, trailer, or other recreational equipment parked in a side or backyard may DOES NOT have to be on an improved surface. However, weeds, grass, and vegetation must be trimmed and maintained in accordance with the city ordinance to avoid the issuance of a violation.
RESTRICTION: If you are parking more than five (5) total vehicles anywhere on your property, you must park them upon an improved surface. See above two questions for more details.
Q: May I park recreational vehicles, trailers, or campers on my property?
A: Yes, with limitations. No more than two (2) recreational vehicles, campers, or trailers may be parked outside on your property, regardless of which yard they are parked in. Recreational vehicles that sit upon a trailer will only be considered one (1) recreational vehicle. If the vehicle is removed from the trailer, they will each be considered separate recreational vehicles for a total of two (2).
Q: May I perform maintenance on vehicles in my driveway?
A: Maybe. Maintenance that can be completed in a few hours and does not cause a public nuisance will be permitted. Ongoing maintenance that requires a car to be torn apart or sitting out for days, or the operation of an auto maintenance business will not be permitted.
Q: I am a business owner or want to be one; how much off-street parking do I need?
A: It depends on what type of business you are opening and where you are opening it. For example, business in the downtown may use municipal parking lots to help meet their off-street parking requirements, whereas businesses on North Eaton Street near I-94 have to provide their own since there are no municipal lots. Follow this link for a table that outlines these guidelines.
IMPORTANT NOTE: Loading births have different requirements. Please contact the Planning Department for more information.
Garage/yard/rummage/estate/auction Sales
Q: When and how often may I have a garage/yard/rummage/estate/auction sale?
A: Remember the rule of Three’s: three (3) times per calendar year for a duration of three (3) consecutive days.
For more information, see this Public Announcement.
Q: Do I need to notify the city that I plan on having a garage/yard/rummage/estate/auction sale?
A: Maybe. The city will only require a permit if your sale(s) are causing a nuisance or violating any city ordinances. This permit is used only to monitor your sales activity and make sure that they are in compliance with the city ordinances. It shall not be construed as to prohibit such sales.
If you are told you will need a permit, you can download it at: Intent of Sale Application. This application is FREE.
Q: May I use signs to advertise my garage/yard/rummage/estate/auction sale?
A: Yes. Garage/yard/rummage/estate/auction sale signs will be limited to one (1) sign on the premises on which such sale is conducted, no greater than eight (8) square feet in area. No more than two (2) off premises signs, limited to four square feet shall be allowed. No garage/yard sale or estate/auction sale sign shall be placed on any utility pole, street sign, tree, fence, etc. All signs must be removed at the end of the sale. For more information please see this Public Announcement.
IMPORTANT DISCLAIMER: The city does not guarantee the safety or welfare of anyone who uses a permanent or non-permanent swimming pool, sauna, or hot tub of any kind. The use of pools will be at the risk of the individual property owner. See your insurance provider to discuss liabilities and required coverage.
Q: What does the city consider a permanent swimming pool or hot tub?
A: The Zoning Administrator has authority over all pools/hot tubs. If a pool/HOT TUB has ONE OR BOTH of the following FEATURES, it will require a zoning permit:
Q: Are there any pools/hot tubs that DO NOT require a permit?
A: YES. Pools that are “temporary” in nature and “kiddie” pools will not require a permit. This includes inflatable pools.
Q: What is required for a permanent swimming pool on residential property?
A: It must be at least six (6) feet away from all other structures (house, shed, garage, etc.) and entirely fenced in by a six (6) foot tall opaque or solid wall, fence, or screen. It must also be at lease six (6) feet away from any front yard or thirty-five (35) feet from any front property line, whichever is greater.
Q: What types of signs DO require a permit?
A: Most signs require a Sign Permit. This includes most signage for a business, home occupation, or service establishment.
Q: What size may my sign be?
A: This depends on what zoning district you are in. You can look up the zoning classification of your property at the city assessors website. Requirements for each zoning district can be found online in the Sign Ordinance.
Q: What types of signs DO NOT require a permit?
A: There are many signs that do not require a permit, such as:
1. House numbers
2. Memorial tablets
3. Municipal signs
4. Freestanding directional signs – up to four (4) signs that give directions or provide a safety information that do not exceed three (3) square feet in size per address will be allowed without permit
5. Flags bearing the official designated symbol of a nation, state, municipality, and legally recognized organization or institutions will not require a permit
6. Each time a fuel price is changed at a gas station
7. Interior window signs that do not cover more than 40% of the windows
Some signs that do not require a permit are temporary in nature – for example:
1. Small real estate, political, or construction signs
2. Garage sale signs (for restrictions, see the public announcement regarding garage sales and signs)
3. Banners or A-frame signs
IMPORTANT NOTE: Temporary signs will be subject to time limits and other limitations. Certain restrictions may apply. If you have any questions, or need to check on the maximum size of signs that are allowed, please refer to the Sign Ordinance online, or contact the planning department.
Q: What types of signs are prohibited?
A: Any sign that will cause a traffic or safety hazard or display a profane or inappropriate messages or images. No blinking, rotating, or moving signs will be permitted unless approved by the Planning Commission.
NO SIGN, PERMINANT OR TEMPORARY, MAY BE PLACED ON CITY PROPERTY OR PUBLIC UTILITY POLES.
Q: What is considered a temporary sign or banner?
A: Signs advertising a “sale” or “special” that is installed in such a fashion that they can easily be removed are most likely temporary. Signs constructed out of such materials as vinyl or paper may be considered temporary.
Q: Where may I put a temporary sign?
A: Temporary signs MAY NOT be placed on public right-of-way, or public property. Do not place any signs on public utility poles, street poles or signs, traffic and safety poles or signs, or any other public property.
Q: How long may I display a temporary sign?
A: It depends on the type of sign. Please refer to the Sign Ordinance for time limits, or this Public Announcement for garage sale signs.
NO SIGN, PERMINANT OR TEMPORARY, MAY BE PLACED ON CITY PROPERTY OR PUBLIC UTILITY POLES.
Curb cuts, sewer & water connections, & trees
Q: DO I need a permit for a curb cut?
A: YES. If YOU ARE turning in some type of zoning application, your curb cuts and sewer connections will automatically be reviewed by the Department of Public Services and approved with the zoning permit.
If YOU ARE NOT turning in some type of zoning application, then you will need to contact the Department of Public Services to acquire approval for curb cuts and sewer connections. Please call 517-629-5535 ext. 3124.
Q: My neighbor cut a limb off my tree that they claim is hanging over their property; will the city do anything about it?
A: NO. The city will not be involved in civil disputes between neighbors.
Q: Do I need a permit to cut down a tree on MY property?
A: NO.
Q: May I cut limbs off of a tree or remove it entirely if it is located in city right-of-way, but causing problems for my personal property in some way?
A: NO. Not without permission from the Department of Public Services. Please call 517-629-5535 ext. 3124.
Q: Does the City provide any assistance with housing loans for purchasing, refinancing, or doing emergency repairs?
A: NO. If you require assistance with home loans, CDBG, MSHDA or HUD funding, or have other questions regarding housing assistance you should first contact the Community Action Agency of South Central Michigan at http://www.caascm.org/default.htm or by calling Albion Representative, Pat West, at 517-629-9403.
Another source for help is the United Way of Southwest Michigan. They can be contacted by visiting http://www.uwsm.org/ or by dialing 211 or calling directly to 269-925-7772.
For additional assistance check out these web sites:
The “Curbside Clean-Up Program” is usually held in the late spring of every year. The 2007 Clean-up is over at this time. Check back later for dates, maps, and items accepted for the 2008 program.