Zoning Board of Appeals

1 of 24 AGENDA ZONING BOARD OF APPEALS MEETING Date: Tuesday, October 11, 2022 Time: 4:00 P.M. Where: City Commission Chambers Room 301 1. Call to Order 2. Attendance 3. Additions or Deletions to the Agenda 4. Unfinished Business 5. New Business A. Z-06-22 ZONING DIMENSIONAL VARIANCE REQUEST: Petition from Angona Construction for property located at 533 W Columbia Ave, Battle Creek, MI 49015 and 110 WaWeeNork Drive, Battle Creek, MI 49015. Requesting a variance to allow for alteration of a dimensionally non-conforming building. Pursuant to the City of Battle Creek’s Zoning Ordinance Section 1270.04 Alteration of Buildings. Parcel#: 6460-11-479-0, and Parcel #: 6460-11-486-0 LEGALLY DESCRIBED AS: PARK BEIDLER LOTS 78 THRU 81 ALSO THAT PART OF ONYX PK LYING E OF E LI OF ROMANCE ST & LYING W OF E LI OF LOT 78 EXT S TO S LI OF ONYX PK, ALSO LOTS 85 & 88 OF SD PLAT, EXC BEG NW COR OF LOT 79 - S ALG W LI OF LOT 79 DIST OF 10 FT - NELY TO NLY LI OF LOT 79 - WLY ALG SAME 10 FT TO POB ((PARCELS 6460-11-485-0 & 6460-11-488-0 COMBINED WITH THIS PARCEL IN 1997)) and PARK BEIDLER LOTS 86 & 87 6. Approval of Minutes for September 13, 2022 Meeting 7. Comments by the Public 8. Comments by the Members 9. Adjournment Respectfully Submitted, Susan Cronander, Planning and Zoning Administrator 10 N. DIVISION ST. P.O. BOX 1717 BATTLE CREEK MICHIGAN 49016-1717 PHONE (269) 966-3320 FAX (269) 966-3555 WWW.BATTLECREEKMI.GOV  2 of 24 CITY OF BATTLE CREEK ZONING BOARD OF APPEALS 10 North Division, Battle Creek, MI 49014 MINUTES FOR MEETING -TUESDAY, SEPTEMBER 13, 2022 MEETING CALLED TO ORDER: By Chairperson Moreno at 4:00p.m. This meeting was held in person. ATTENDANCE: Chair Moreno asked for attendance. A roll call was taken: PRESENT: CHAIRPERSON JAMES MORENO BOARD MEMBER MICHAEL DELAWARE BOARD MEMBER BILL HANNER BOARD MEMBER MARK JONES BOARD MEMBER CHRIS ROGERS ABSENT: BOARD MEMBER NORRIS LINDSEY STAFF PRESENT: TRAVIS SULLIVAN, CITY PLANNER, SUSAN CRONANDER, PLANNING AND ZONING ADMINISTRATOR; MARCEL STOETZEL, DEPUTY CITY ATTORNEY; MARCIE GILLETTE, COMMUNITY SERVICES DIRECTOR; CRYSTAL BAX, CUSTOMER SVC. REP II. APPROVAL TO REORDER AGENDA ITEMS 5(b) TO 5(a) TO BECOME THE FIRST ITEM ON THE AGENDA: MOTION MADE BY BOARD MEMBER JONES TO APPROVE THE REORDER OF AGENDA ITEMS 5(b) TO 5(a) TO BECOME THE FIRST ITEM UNDER 5 ON THE AGENDA. SECONDED BY BOARD MEMBER HANNER ALL IN FAVOR, NONE OPPOSED, MOTION APPROVED. CORRESPONDENCE: None PUBLIC HEARINGS/DELIBERATIONS: NEW BUSINESS: A) Z-04-22 ZONING VARIANCE REQUEST: Petition from Mike Yaldoo on behalf of Pure Roots, LLC, 925 E Maple, Birmingham MI 48009. Requesting a dimensional variance to allow Pure Roots, LLC’s property to be used as an adult marihuana retail facility, despite it being within 1,000 feet of a marihuana provisioning center in Emmett Township. For property located at 5805 Beckley Road Parcel #: 0625-49-819-1. Pursuant to City of Battle Creek  3 of 24 Zoning Ordinances Section 1251.24 Marihuana: Adult Use Marihuana Retailer Establishment, and Section 1280.03. Staff Presentation: Susan Cronander, Planning and Zoning Administrator, gave the staff report and stated that Pure Roots, LLC is requesting a dimensional variance to allow for an adult marihuana retail facility, despite the property being within 1,000 feet of a marihuana provisioning center in Emmett Township. On June 3, 2022, Pure Roots applied for a Part A Adult Use Marihuana Establishment Permit. The application was reviewed by Zoning and the proposed site for the adult-use marihuana retail establishment was found to be within 1,000 feet of an existing licensed recreational provisioning center and adult-use marihuana retail establishment located at 6010 B Dr. N. Battle Creek – Ascend Cannabis. Thus, the proposed site did not meet the City’s Zoning Ordinance setback requirement as stated in Section 1251.24 Ascend Cannabis (formerly Michigan Supply & Provisions) received their c/o for their provisioning facility on 8/4/2020. Ascend also received their Emmett Township adult-use retail marihuana license in 2020. Planning staff finds merit in Pure Roots’ attorney’s argument. The next part of the Pure Roots’ attorney’s argument is that the use of adult marihuana retail can be considered equivalent to, or in the same use classification as a marihuana retail use. Based on the findings of fact as detailed above in this report, Zoning recommends approval of the Applicant’s requested non-use (dimensional) variance as there is a practical difficulty peculiar to the subject parcel, the variance will not conflict with the Zoning Ordinance. Applicant Presentation: Jeff Schroder, 38505 Woodard Ave. Bloomfield, MI, representing on behalf of their client concurred with the Zoning Administrators presentation of the staff report, and offered to answer any questions that the zoning board may have. Public Comments: None. MOTION MADE BY BOARD MEMBER ROGERS TO APPROVE THE ZONING VARIANCE REQUEST WITH THE CONDITIONS AS PRESENTED BY STAFF. SECONDED BY BOARD MEMBER JONES. ALL IN FAVOR, NONE OPPOSED, MOTION APPROVED. ZONING BOARD DISCUSSION: None. B) A-02-22 APPEAL OF THE ZONING ADMINISTRATOR’S DECISION: Petition from Mike Yaldoo on behalf of Pure Roots, LLC, 925 E Maple, Birmingham MI 48009. Requesting an appeal to reverse the decision of the Zoning Administrator to deny a Pure Roots, LLC’s AUME, retail establishment to be within 1,000 feet of a marihuana provisioning center in Emmet Township. For property located at 5805 Beckley Road Parcel #: 0625-49-819-1. Pursuant to City of Battle Creek Zoning Ordinance Sections 1251.24 Marihuana: Adult-Use Marihuana Retailer Establishment, and Sections 1280.03 and 1281.06.  4 of 24 Staff Presentation: Susan Cronander, Planning and Zoning Administrator, asked that the applicant withdraw their appeal on the conditions that the variance request was approved, and that the applicant withdraw the medical portion of their application, and apply only for the Adult Use Retail Establishment as a use by right. Applicant Presentation: As a condition by staff the applicant is withdrawing from the appeal due to the approval of the variance request. Public Comments: None. MOTION MADE BY BOARD MEMBER JONES TO APPROVE THE WITHDRAWL WITH THE CONDITIONS AS PRESENTED BY STAFF. SECONDED BY BOARD MEMBER DELAWARE. ALL IN FAVOR, NONE OPPOSED, MOTION APPROVED. ZONING BOARD DISCUSSION: None. C) Z-05-22 ZONING DIMENSIONAL VARIANCE REQUEST: Petition from Devon Wilson of Sunlight Gardens located at 245 Kendall St N, Battle Creek, MI 49037. Requesting a variance to build an (8) foot tall deer fence with a distance of 4ft away from the property lines surrounding the community garden as a means to deter deer and theft from the urban farm. Pursuant to the City of Battle Creek’s Zoning Ordinance Section 1260.02 Fences. Parcel#: 8870-00-042-0, and Parcel #:8870-00-040-0 Staff Presentation: Travis Sullivan, City Planner, gave the staff report, The applicant (Mr. Devon Wilson) owns and operates Sunlight Gardens, a community garden (or “urban garden”) on the property located at 245 N Kendall St. Mr. Wilson wishes to construct eight (8) foot tall deer fencing around the perimeter of the property in order to deter deer and potential trespassers, maintaining four (4) feet of distance between the lot line and the proposed deer fencing. The applicant intends to utilize to the extent possible the existing four (4) foot tall chain link fence around portions of the property to create a double barrier, which should help to discourage deer which otherwise might attempt to bound over a single fence. Staff would recommend as a condition of approval that the proposed nonuse variance apply ONLY to the property’s use as a community garden. In the event that a community garden (or urban garden) ceases to exist on the property, staff would recommend that the eight (8) foot tall deer fencing be promptly removed, and that allowance for the eight (8) foot tall fencing is specific to this use and is not to be applied to any potential future use of the property. Applicant Presentation: Devan Wilson, 229 Richards Pl, stated that the City Planner covered all of the bases for his petition, and mentioned the research presented in the staff report about deer and the distances they can jump and the damage they have done to the garden thus far. Public Comments: John Hart, 10 N Division Street, offered his support of the project. MOTION MADE BY BOARD MEMBER ROGERS TO APPROVE THE DIMENSIONAL VARIANCE REQUEST WITH THE CONDITIONS PRESENTED BY STAFF. SECONDED BY BOARD MEMBER HANNER.  5 of 24 VOTED YES: BOARD MEMBER DELAWARE BOARD MEMBER HANNER BOARD MEMBER ROGERS BOARD MEMBER MORENO VOTED NO: BOARD MEMBER JONES MOTION APPROVED. ZONING BOARD DISCUSSION: None. D) RESCHEDULE OF REGULARLY SCHEDULED MEETING FOR TUESDAY, NOVEMBER 8, 2022 TO TUESDAY, NOVEMBER 15, 2022 MOTION MADE BY BOARD MEMBER JONES TO APPROVE THE NOVEMBER MEETING DATE CHANGE FROM NOVEMBER 8TH, 2022 TO NOVEMBER 15, 2022. SECONDED BY BOARD MEMBER HANNER ALL IN FAVOR, NONE OPPOSED, MOTION APPROVED. ZONING BOARD DISCUSSION: None. APPROVAL OF MINUTES FOR July 12, 2022 MEETING: MOTION MADE BY BOARD MEMBER HANNER TO APPROVE THE MEETING MINUTES FOR JULY 12, 2022 AS PRESENTED. SECONDED BY BOARD MEMBER JONES. ALL IN FAVOR, NONE OPPOSED, MOTION APPROVED. APPROVAL OF MINUTES FOR AUGUST 23, 2022 MEETING: MOTION MADE BY BOARD MEMBER JONES TO APPROVE THE MEETING MINUTES FOR AUGUST 23, 2022 UNDER THE CONDITION THAT ERRORS BE CORRECTED. SECONDED BY BOARD MEMBER HANNER. ALL IN FAVOR, NONE OPPOSED, MOTION APPROVED. OLD BUSINESS: None. PUBLIC COMMENTS: None. COMMENTS BY MEMBERS: None.  6 of 24 ADJOURNMENT: Chairperson Moreno adjourned the meeting at 5:43p.m. Submitted by: Crystal Bax, CSR II, Planning and Zoning M:\Planning Files\Planning Dept\1. Zoning Board\2.Minutes\Year 2022\ZBA 06.14.22 DRAFT.docx  7 of 24 Battle Creek Zoning Board of Appeals Staff report for the October 11, 2022 Meeting To: Zoning Board of Appeals From: Travis Sullivan, Planner Date: October 5, 2022 Subject: Variance Request: Z-06-22 Petition from Angona Construction on behalf of Bajco Real Venture II, LLC located at 533 W Columbia Ave. Requesting to demo a portion of the existing dimensionally nonconforming building, followed by the construction of an addition to the remaining portion of the building following the demolition process. Pursuant to the City of Battle Creek’s Zoning Ordinance Section 1270.04 Alteration of Buildings with regard to legal nonconformities. Summary The applicant (Angona Construction) has applied for site plan review in order to demolish a portion of the legally nonconforming building, followed by the construction of an addition to the remaining portion of the building, located at 533 W Columbia Ave. City Assessing records and information supplied by the applicant indicates that the existing building was constructed in 1970. The building on the site currently houses a Papa John’s Pizza location, with the proposed demolition and addition to the building intended to create space for a new commercial tenant. The proposed demolition would eliminate the portion of the building on the southernmost end of Parcel 6460-11-479-0 (brown roof visible in Figure 1), with the proposed addition to be built attached and to the east of the remaining building, with a small portion of the addition to be located immediately south of the remaining building. The subject property is located within the T-3 Neighborhood Commercial District, which requires a minimum 30-foot front yard setback. The building currently on the property sits on the front lot line along Romance St., and therefore in not meeting the required front yard setback is dimensionally nonconforming. It should be noted that the applicant owns two parcels associated with this request (Parcel 6460- 11-479-0 and Parcel 6460-11-486-0), highlighted below in Figure 1. As the City of Battle Creek’s Zoning Ordinance treats contiguously owned parcels within the same zoning district as a single parcel for the planning and zoning purposes, no nonconformity exists with regard to side or rear yard setbacks.  8 of 24 Petition No.Z-06-22 533 W Columbia Ave.. #6460-11-479- 0 and Parcel #6460-11-486-0 The property is surrounded primarily by commercial uses directly to the east, to the north across W Columbia Ave., to the west across Romance St., and to the south across Waweenork Dr. Two residential uses (T-3 zoning) exist to the west across Romance St. along the southernmost portion of the property. Additionally, one residential use exists to the south of the parcels across Waweenork Dr. A zoning map detailing the subject property and surrounding area has been included as an attachment to this staff report. Background/Project Information The subject property is located at 533 W Columbia Ave. and includes two parcels (6460-11-479- 0 and 6460-11-486-0). The property, when taken in combination, contains three fronts (along W Columbia Ave. to the north, Romance St. to the west, and Waweenork Dr. to the south). The front yard setback requirement which renders this property nonconforming is located along the Romance St. frontage, with the existing building built on the lot line and not meeting the required 30-foot front yard setback. The applicant is proposing to demolish the southernmost portion of the building located upon Parcel 6460-11-479-0 (portion of the building with a brown roof), followed by the construction of a new commercial suite attached and immediately to the east of the remaining building. A small portion of the addition would also wrap around southern portion of the remaining building, creating additional space for the operation of the Papa John’s Pizza establishment. Please see Figure 1 below for an aerial view of the site and parcel information in its current configuration. 2  9 of 24 Petition No.Z-06-22 533 W Columbia Ave.. #6460-11-479- 0 and Parcel #6460-11-486-0 Figure 1: Aerial view of 533 W Columbia Ave. (Parcel #6460-11-479-0 and #6460-11-486-0), the property owned by Bajco Real Venture II LLC. Chapter 1270 of the Zoning Ordinance addresses nonconformities, with Section 1270.04 (Alterations of Buildings) relating specifically to this request. Section 1270.04 (D) states the following: “D. This Section shall not prevent the alteration, improvement, or rehabilitation of any legal nonconforming building which meets the following requirements: 1) The change does not involve any height, area, bulk, or change of use. 2) The change will maintain the building in safe repair. 3) The change will protect the public health, safety, and welfare. 4) The change will lead to increased compliance with the specified zoning district. 3  10 of 24 Petition No.Z-06-22 533 W Columbia Ave.. #6460-11-479- 0 and Parcel #6460-11-486-0 5) The change will produce an accessory dwelling unit or building that is incidental to the existing building.” While requirements 2, 3, 4, and 5 may be considered met, the proposed alteration involves area and bulk, thus not meeting standard #1 on this list and requiring the applicant to seek a variance from the Zoning Board of Appeals with regard to the proposed project. In total, the applicant is proposing the demolition of 2,212.6 sq. ft. of the existing building, with a subsequent addition to the remaining building measuring 1,789.9 sq. ft. The proposed project would eliminate a portion of the dimensional nonconformity, while reducing the overall size of the resulting building and overall increasing the building’s degree of the conformity. The only portion of the proposed addition that would not conform with T-3 setback requirements would be the 9’-7” by 29’-7” portion to be attached immediately to the south of the remaining building following demolition. The remainder of the proposed addition meets the 30-foot required front setback, meeting the T-3 dimensional requirements. It is important to note that the proposed project, while not meeting standard #1 under Section 1270.04 (D), reduces the overall area of the resulting building, and in the assessment of staff would result in increased conformity with the T-3 dimensional requirements (detailed in Figure 2 below). Figure 2: T-3 Neighborhood Commercial District Dimensional Regulations. Public Hearing and Notice Requirements An advertisement of this public hearing was published in the Battle Creek SHOPPER NEWS on September 22, 2022, not less than the 15 days before the hearing as required by State Law and ordinance. Notices of the public hearing were also sent by regular mail to property owners and occupants located within 300’ of the subject parcels. As of the writing of this report, we have not received any calls or correspondence commenting on this application. Variance Requested 4  11 of 24 Petition No.Z-06-22 533 W Columbia Ave.. #6460-11-479- 0 and Parcel #6460-11-486-0 The applicant is requesting to demolish a portion of the dimensionally nonconforming building located at 533 W Columbia Ave., as well as construct an addition to be attached to the east and south of the remaining portion of the building following demolition. The proposed project involves alterations to the area and bulk of the existing building, thus conflicting with Section 1270.04 of the Zoning Ordinance and requiring the applicant to apply for a dimensional variance from the Zoning Board of Appeals. In staff’s assessment, the proposed project would reduce the overall area of the resulting building (and thus the overall area of a dimensional nonconformity), while increasing the degree of conformity of the resulting building following demolition and the construction of the proposed addition. Figure 3 below displays the proposed site plan of the applicant, detailing the dimensions of the proposed building addition. The proposed addition on the plan is separated into two segments: one portion titled “New Building” and one portion titled “Existing Building Addition.” The “Existing Building Addition” would add onto the suite used for the Papa John’s Pizza establishment. The “New Building” portion would create a new commercial suite, attached to the existing Papa John’s suite. The site plan displayed below in Figure 3 is also available in a larger scale as an attachment to this staff report. 5  12 of 24 Petition No.Z-06-22 533 W Columbia Ave.. #6460-11-479- 0 and Parcel #6460-11-486-0 Figure 3: Applicant’s proposed site plan, with details of the portion of the existing building proposed for demolition as well as the proposed building addition following demolition. 6  13 of 24 Petition No.Z-06-22 533 W Columbia Ave.. #6460-11-479- 0 and Parcel #6460-11-486-0 Applicable Zoning Ordinance Provisions Section 1280.03 “Zoning Board of Appeals”, subsection D. 2) states: 2) The Board shall have the authority to grant the following variations: a) Nonuse. If there are practical difficulties for nonuse variances relating to the construction, structural changes, or alterations of buildings or structures related to dimensional requirements of the zoning ordinance or to any other nonuse-related standard in the ordinance in the way of carrying out the strict letter of the zoning ordinance, then the Board may grant a variance so that the spirit of the zoning ordinance is observed, public safety secured, and substantial justice is done. The Board may impose conditions as otherwise allowed under the Michigan Zoning Enabling Act;…. 3) Variance Standards. In consideration of all appeals and proposed exceptions to or variations from this Zoning Code, the Board shall, before making any such exceptions or variations, in a specific case, first determine that the applicant has met all of the following conditions as set out for the specific type of variance requested: a) Nonuse (dimensional) Variances: i) When it can be shown that a practical difficulty would, in fact, exist if the strict non-use requirements of this zoning ordinance (e.g., lot area, width, setbacks, building height, etc.) were applied to a specific building project, the Board may grant a variance from these requirements. The practical difficulty from a failure to grant the variance must include substantially more than a mere inconvenience or a mere inability to attain a higher financial return. ii) The practical difficulty must be exceptional and peculiar to the subject parcel of land which do not generally exist throughout the City and may not be self-imposed or the result of an earlier action by the applicant. If the parcel of land could be reasonably built upon in conformance with the requirements of this zoning ordinance by simply relocating or redesigning the structure(s), then a variance shall not be granted. iii) A variance shall not be granted when it will alter or conflict with the intent of this Ordinance considering the public benefits intended to be secured by this Zoning Code and the rights of others whose property would be affected by the allowance of the variance. iv) Any variance granted shall be the minimum necessary to provide relief for the practical difficulty of the applicant. Analysis Staff has reviewed the application and finds that it meets the requirements for submittal and is considered complete. Staff has included in this packet plans from the applicant detailing the existing building as currently configured, the proposed demolition of a portion of the existing 7  14 of 24 Petition No.Z-06-22 533 W Columbia Ave.. #6460-11-479- 0 and Parcel #6460-11-486-0 building, and the proposed addition to the remaining portion of the existing building following demolition. This item is before the Zoning Board of Appeals for consideration of a dimensional (non-use) variance as the building is dimensionally nonconforming with regard to the front yard setback along Romance St., as well as the fact that the proposed alteration includes changes to the area and bulk of the existing building pursuant to Section 1270.04 of the Zoning Ordinance. Findings and Recommendation The Zoning Board of Appeals can approve, approve with conditions, or deny this request. The Zoning Board of Appeals can also table or postpone the request pending additional information. In consideration of all variations from the Zoning Code, the Board shall, before making any such exceptions or variations, in a specific case, first determine that the conditions listed below are satisfied. Planning staff has reviewed these conditions and believes that each condition can be justified in an affirmative manner. Rationale for each condition is provided below and planning staff recommends that the Zoning Board of Appeals approve the dimensional variance (Z-06-22) request for the alteration of an existing dimensionally nonconforming building which involves the area and bulk of the building. A) Staff finds that a practical difficulty does in fact exist if the strict requirement of the ordinance is applied to this specific project and that the Board is authorized to approve the variance in this case. The subject property lies at the corner of W Columbia Ave. and Romance St., creating two front yards for the property. While the property meets the T-3 front yard setback requirement of 30 feet along W Columbia Ave., the building is dimensionally nonconforming as it does not meet the setback requirement along Romance St. The existing building was constructed in 1970, and due to the front yard setback requirements, the only complete remedy to the nonconformity would require the complete demolition of the existing building. The project proposed by the applicant would, following demolition and construction of an addition to the remaining building, reduce the overall area of the building, and in staff’s assessment would increase the overall conformity of the building with the T-3 dimensional requirements. B) Staff finds that the practical difficulty in this case is exceptional and peculiar to the subject parcels of land which do not generally exist throughout the City and is not self-imposed or the result of earlier action by the applicant. The applicant’s use of the property as a Papa John’s Pizza establishment and proposed new commercial suite complies with the provisions of Section 1240.13 (T-3 permitted uses). The building was constructed in 1970 and is required to provide multiple front yards due to its location at the corner of W Columbia Ave. and Romance St., per Section 1241.07 (B.2) (Yard Requirements). C) Staff believes that if the Board were to grant the proposed nonuse variance, such variance would not conflict with the intent of this Ordinance considering the public benefits intended to be secured by the Zoning Code and the rights of others whose property would be affected by the allowance of this variance. Should the variance be granted, the applicant will be able to complete the proposed alteration to the existing building, which would involve the area and bulk and the building. The proposed alteration, in the assessment of staff, would both reduce the size of the resulting building and further the 8  15 of 24 Petition No.Z-06-22 533 W Columbia Ave.. #6460-11-479- 0 and Parcel #6460-11-486-0 resulting building’s conformance with Section 1240.13(E) (T-3 Dimensional Regulations). The proposed alteration would allow for the continuance of the building’s operation as a Papa John’s Pizza location, as well as allow for the addition of a new commercial suite for use in accordance with the provisions of Section 1240.13(B) (Permitted Uses in the T-3 Neighborhood Commercial District). D) Staff believes that the applicant’s request and proposed plans represent the minimum necessary to provide relief of the practical difficulty of the applicant. The applicant is proposing an overall reduction in the area of the nonconforming building, with the proposed addition expected to increase the property’s conformance with the T-3 dimensional requirements. Attachments The following information is attached and made part of this Staff Report. 1. ZBA Petition Form (Petition #Z-06-22) 2. Site Plan Documents 3. Existing Building Photos 4. Section 1241.07 (Yard Requirements) 5. Section 1270.04 (Alteration of Buildings) 6. Zoning Map of Subject Property and Vicinity 9 16 of 24 17 of 24 18 of 24 19 of 24 20 of 24  21 of 24 View of existing building from W Columbia Ave. Photo courtesy of Google Street View. View of existing building off of Romance St. Photo courtesy of Google Street View.  22 of 24 3) Determination of incompatibility of a particular dwelling may be appealed by an aggrieved party to the Zoning Board of Appeals within a period of fifteen days of the receipt of notice of the Zoning Administrators decision. E. Exemption for Mobile Home Parks. The provisions of this chapter shall not apply to a mobile home located in a licensed mobile home park, except to the extent required by State or Federal law. SECTION 1241.07 YARD REQUIREMENTS. A. Building Projections. Every part of a required yard shall be open to the sky and unobstructed by a building, except for the following may project into required yards: 1) Accessory buildings as permitted in Section 1260.01. 2) The ordinary projection of sills, belt courses, cornices, eaves and ornamental features not exceeding twelve inches. 3) Permanent awnings projecting not more than four feet into a required yard and not extending more than twelve inches in width beyond a door or window opening. No such awning shall exceed six feet in length. 4) Terraces, uncovered porches, wheelchair ramps and ornamental features which do not rise more than four feet above the ground. B. Front Yards. 1) Lots having frontage on a lake, brook, stream, river or other watercourse shall be provided with a required front yard on this water frontage, as well as that which might be required on any street frontage as specified for the district in which it is situated. 2) On corner lots, a front yard shall be required along each street. 3) Interior lots having a frontage on two streets shall be provided with the required front yard on both streets. 4) Where front yards have been established, or may be required on each of two intersecting streets, there shall be a front yard on each street side of a corner lot, with the following exceptions: a) In R Districts, where required front yards exceed twenty-five feet, only one front yard in excess of twenty- five feet shall be required, except that south of I-94 on lots fronting on Beckley Road or Capital Avenue, S.W., all such front yards shall be a minimum of fifty feet. b) The width of the principal building located on a lot of record need not be reduced to less than twenty-five feet when the owner of record can show that the ownership and control of any adjacent lot or lots of record are by another person. City of Battle Creek Zoning Ordinance 72 November 24, 2020  23 of 24 SECTION 1270.04 ALTERATION OF BUILDINGS. No existing building or premises devoted to a nonconforming use shall be enlarged, extended or structurally altered except in any of the following circumstances: A. Residential dwellings as outlined in Section 1270.02. B. When required by law or ordinance or unless such use is changed to one permitted in the district in which such building or premises is located. C. A legal nonconforming residential building may be expanded no more than 25% of the original ground floor area of the residential use or building so long as the expansion meets all other zoning requirements. D. This Section shall not prevent the alteration, improvement, or rehabilitation of any legal nonconforming building which meets the following requirements: 1) The change does not involve any height, area, bulk, or change of use. 2) The change will maintain the building in safe repair. 3) The change will protect public health, safety, and welfare. 4) The change will lead to increased compliance with the specified zoning district. 5) The change will produce an accessory dwelling unit or building that is incidental to the existing building. SECTION 1270.05 VIOLATIONS; REMOVAL OR CORRECTION. A nonconforming structure that was erected, converted or structurally altered in violation of any previous Zoning Code adopted by the City of Battle Creek or the Township of Battle Creek shall not be validated by the adoption of this Zoning Code, and such violation or any violation of this Zoning Code may be ordered to be removed or corrected by the proper official at any time pursuant to Section 1281.02. SECTION 1270.06 ELIMINATION OF NONCONFORMING USES AND STRUCTURES. The elimination of the nonconforming uses and structures in a zoning district is declared to be for a public purpose and for a public use. The legislative body may institute proceedings for condemnation of nonconforming uses and structures under the Michigan Acquisition of Property by State Agencies and Public Corporations Act, Public Act 149 of 1911, as amended, being MCL 213.21 et seq. City of Battle Creek Zoning Ordinance 198 November 24, 2020  24 of 24 Blue stars indicate the locations of the subject parcels.