structure

Asked March 20, 2017, 7:45 PM EDT

I think I know the answer but I would like to have you confirm it. I have a resident who just put a roof on his garage. When he did he put an 8 to 12-foot overhang on one side. I’m sure he is going to claim it is not part of the structure and doesn’t have to abide by the setback rule. My question is, is a roof a structure?

Clare County Michigan community planning and zoning zoning structures yard setback

1 Response

The roof is part of the structure. But turn to the zoning ordinance (in the setback regulations, or definitions, or both) to determine how one measures the setback (from the foundation wall, outer-most part of the structure, eve line, or some other point). A well written zoning ordinance will have that detail.

If that detail is not in the zoning ordinance, then the zoning administrator should have a history of how this was done in the past, and should follow that same protocol until the ordinance is amended or the zoning board of appeals instructs otherwise.