EXAMPLE AARTICLE 8 – RESIDENTIAL DISTRICTS 8.00
8.0
RESIDENTIAL DISTRICTS
8.1
R-1A RURAL RESIDENTIAL DISTRICT
8.11 PURPOSE
The
R-1A Rural Residential District is intended to accommodate single family
dwellings in areas that are rural in character in order to provide for new
housing development while preserving open space and rural qualities and
promoting appropriate non-farm uses of land.
8.12 PERMITTED
USES
A.
Single Family Dwelling
B.
State Licensed Home Residential Facilities (Amended
C.
Home Occupations
D.
Recreation Uses: Public
Parks, playgrounds, play fields, and other public open space for recreational
uses.
E.
Other Customary Accessory Uses and Buildings
F.
Ponds
8.13 USES
ALLOWED BY SPECIAL PERMIT
In order to avoid intrusion of undesirable uses and to foster all possible benefits for a continued high quality residential environment, all residential and non-residential land and structure uses in residential districts have been classified into those uses permitted by "right" and those permitted by special use permit. Those uses permitted by right include those that require a minimum of limitations; but those uses presenting potential injurious effect upon residential and other property, unless authorized under specific imposed conditions, are controlled through the issuance of special use permits.
A.
Agricultural operations, hobby farms: including general farming, truck
gardening, fruit orchards, nursery green houses, and associated farm buildings
provided such activities occur on a parcel of land five (5) acres or larger, and
subject to the following conditions:
1.
The raising and keeping of horses and other similar animals over five
hundred (500 lbs.) pounds shall be allowed, provided that the minimum area upon
which one horse or similar animal may be kept is two and one half (2-1/2) acres
and two (2) acres for each additional horse or similar animal. There shall be a
maximum of four (4) such animals for
each ten (10) acres of land.
2.
The raising and keeping of livestock weighing five hundred (500 lbs.)
pounds or less (such as sheep and goats) shall be allowed, provided that the
minimum area upon which one such animal may be kept is two (2) acres, with a
maximum of five (5) such animals for each ten (10) acres of land.
3.
Associated farm buildings shall be located no closer than two hundred
(200’) feet from an existing public right of way and no closer than fifty
(50’) feet from the side and rear lot lines of the parcel upon which such
buildings are located. Where an adjoining parcel contains a residence or is
zoned for residential use, the side and rear yard setback requirements for such
accessory buildings shall be
increased to one hundred (100’)feet.
4.
No storage of manure or odor or dust-producing
materials or use shall be permitted within one hundred (100’) feet of the
nearest developed lot line.
B.
Forestry, sod farming, greenhouses not selling retail on premises
C.
Planned Unit Development, including Cluster/Open Space development
D.
Site Condominiums
E.
Bed and Breakfasts
F.
Golf Courses and Country Clubs (excluding miniature golf courses)
G.
Cemeteries
H.
Public Buildings
I.
Religious, social, educational and human care
institutions
J.
Public Service Installations
K.
Child Care/Day Care centers
L.
State Licensed Group Residential Facilities (Amended
8.2
R-1 LOW DENSITY
RESIDENTIAL DISTRICT
8.21 PURPOSE
This
district is intended primarily for single family residential uses together with
compatible uses. The purpose of this
zone is to encourage a residential environment of low density dwellings.
8.22 PERMITTED
USES
A.
Single family dwellings
C.
Recreation Uses: Public
Parks, playgrounds, play fields, and other public open space for recreational
uses.
D.
Other Customary Accessory Uses and Buildings:
Accessory uses that are customarily incidental to any principal use
permitted in this district to the extent that those accessory uses do not
constitute, create, or increase a nuisance in fact which adversely affects a
legally conforming use of adjoining or nearby premises.
E.
Home Occupations.
8.23 USES
ALLOWED BY SPECIAL PERMIT
The
following uses of land and structures may be permitted by the application for,
and the issuance, of a special use permit.
A.
Site Condominiums.
B.
Planned Unit Development.
C.
Bed and breakfast operations.
D.
Religious, Social, Educational and Human Care
Institutions
E.
Public Buildings
F.
Public Service Installations.
G.
Cemeteries: Public
or private (when occupying a site of not less than twenty (20)
acres, provided that no building shall be closer than fifty (50’) feet
from any property lines).
H.
Golf Courses and Country Clubs, excluding driving
ranges and miniature golf courses
I.
State Licensed Group Residential Facilities
8.3
R-2 MEDIUM DENSITY
RESIDENTIAL DISTRICT
8.31 PURPOSE
The
Medium Density Residential District is intended to accommodate a variety of
housing types within higher density residential areas in
8.32 PERMITTED
USES
This
District allows two-family dwellings and certain other residential uses in
addition to the uses permitted in the Medium Density Residential District.
The following uses are permitted:
A.
The uses permitted in the R-1 district.
B.
A single residential building containing no more than two dwelling units
on each lot.
8.33 USES
ALLOWED BY SPECIAL PERMIT
Special
land uses permitted in the R-1 District are allowed in the R-2 district under
the same conditions specified in this Ordinance.
8.4
R-3 HIGH DENSITY
RESIDENTIAL DISTRICT
8.41
PURPOSE
The
Multiple Dwelling Residence District is intended to provide a variety of housing
styles, design and cost to meet the needs of existing and potential residents
while promoting the development and preservation of neighborhoods of higher
density than in the R-2 district, but with equivalent quality. It is designed to
permit a more intensive residential use of land with various types of multiple
dwellings, including apartment
structures
and related institutional uses.
8.42 PERMITTED
USES
This
District allows certain residential uses in addition to those permitted in the
R-1 Low Density and R-2 Medium Density Residential Districts.
The following uses are permitted:
A.
All uses permitted in the R-2 district.
B.
Apartments
8.43 USES
ALLOWED BY SPECIAL PERMIT
Uses
permitted in the R-2 district by Special Use Permit are allowed as well as the
following uses:
A.
Group housing developments of one (1) acre or more,
excluding mobile homes and mobile home parks, but including those types of
residential housing customarily known as townhouses, row housing units, and
other housing structures of a similar character.
B.
Public Service Installations
C.
Planned Unit Development
8.5
R-4 MANUFACTURED
HOUSING DISTRICT
8.51 PURPOSE
The
R-4 Manufactured Home Park district is intended to preserve the interests of
alternate types of residential developments which should be permitted in every
community and to protect the residents of any manufactured home type
development. The regulations
applicable to this district, as contained in Section 8.54, are considered as
minimum standards to be applied to all manufactured home park developments in
the district.
8.52 PERMITTED
USES
A. Manufactured home parks, subject to the requirements established and regulated by the Mobile Home Commission rules, and the provisions of this article.
B. Clubhouse, swimming pool, playgrounds, common areas and recreation facilities for the use of mobile home park residents.
C.
Accessory uses or structures such as manufactured home park
business office, laundry facilities, and home occupations otherwise permitted in
residential districts under this article.
D.
Public Service Installations
8.53 COMPLIANCE
WITH MOBILE HOME PARK COMMISSION
No
manufactured home park shall be established within the R-4 District unless the
park complies with the rules of the Mobile Home Commission.
8.54 ADDITIONAL
REQUIREMENTS IN THE R-4 DISTRICT
Within
the premises upon which a manufactured home park is located there shall be
constructed a greenbelt buffer.
After approval as a part of the preliminary plan review process, there
shall be no requirement that the buffer be changed due to future development.
1.
The greenbelt buffer shall be twenty (20') feet wide on all side and rear
lot lines abutting adjoining property. Existing manufactured housing
developments are not required to buffer between the existing development and any
new adjacent development that did not exist at the time the preliminary plan was
approved.
2.
Landscaping Materials. If the
mobile home park abuts an existing residential development, screening shall be
required in the buffer zones. Screening
shall be with plants of six (6') feet in height at the time of planting, which
shall obscure fifty (50%) percent of the view of the park, or a solid fence
eight (8') feet in height obscuring one hundred (100%) percent of the view, or
any combination of the above may be used to meet the intent of this Ordinance,
to screen the mobile home park from abutting developed residential use
district classifications, or residences, and also from any previously existing
adjoining single-family residence, regardless of the zone in which the latter
residence is located. All the screening shall obscure one hundred (100%) percent
of the view at maturity. Property
owners are allowed flexibility in material selection as long as these standards
are met. If a wood fence is used,
the materials shall be pressure-treated lumber.
If a masonry fence is used, it shall have a foundation of at least
forty-two (42") inches deep in the ground.
Trees, shrubs and all planted vegetation within the buffer, must be
appropriate to the climate and provided further, that they are not infested with
pests, insects or diseases. The
buffer shall be landscaped in such fashion as to assure that it will not erode
and shall be landscaped with grass or ground cover appropriate for the
climate.
Screening shall be maintained in a condition very similar to the
condition at the time of installation. This
means fences shall be straight and broken boards shall be replaced.
Dead trees, bushes, shrubs and vegetation shall be replaced with new,
live, smaller plants which will grow to the same height as the dead plant being
replaced. Masonry fences shall have
all cracks repaired and maintained by pointing.
The Planning Commission shall be authorized to grant an exception from
the foregoing screening requirements where the screening would serve no useful
practical purpose in providing peace and quiet for the occupants of the adjoining
premises and may grant any exception during the preliminary
plan review process.
3.
The greenbelt buffer, whether utilizing a fence, or trees and plantings,
or both, shall in any event be compatible with the surrounding environment.
Every
mobile home park shall be provided with a network of streets with access points
to adjacent public ways, at least as set forth hereinafter:
1.
Access to public ways. Where adverse topographic
conditions of entry streets are encountered, a second entry street must be
provided. Such adverse conditions might be, but are not limited to, a stream,
swamp and/or steep grade. The purpose of the second entry street is to provide
adequate access to the community in cases of emergencies, poor weather or heavy
traffic conditions.
2.
All streets within the mobile home park shall be paved
with a hard surface in accordance with the most recent edition of the Standard
Specifications for Construction that includes Construction Details of the
Michigan Department of Transportation.
3.
Every street shall be provided with storm drains so as to allow for the
drainage of water without flooding adjacent property or buildings, with the
drains designed according to the design standards of the Michigan Department of
Environmental Quality drainage standards.
4.
Two-way streets within the mobile home park shall have a minimum traveled
width of twenty-one (21’) feet of pavement with no parking.
One-way streets shall have a minimum traveled width of thirteen (13’)
feet with no parking. Notwithstanding
the foregoing, all streets and street rights-of-way shall be of adequate width
to allow for snow storage and removal. In
the event that parking is permitted on any street within the mobile home park
the minimum width of each street, in addition to the traveled portion, shall be
ten (10) feet wide for each parallel parking lane and sixteen (16’) feet wide
for each diagonal parking lane. If a parking lane is not provided, "no
parking" signs will be installed and enforced on the side of the street.
5.
Each street intersection within the mobile home park shall have an
adequate safe sight distance. No
object or planting shall be allowed in a yard or corner lots closer than thirty
(30’) feet from the intersection or taller than three (3’) feet from the
center line elevation of the street.
6.
Each intersection within the mobile home park shall be designated by a
reflective street name sign, located at the intersection, identifying each
street by name.
7.
If curbing is used, it shall be concrete with the exception of integral
valley curb and gutter (gravity drains) which may be either concrete or asphalt.
1.
All mobile home sites within the mobile home park shall be provided with
not less than two (2) hard-surfaced parking spaces.
If the parking spaces are off-street, they shall be hard-surfaced and
shall be sized to accommodate at least one (1) full-sized vehicle.
All off-street parking shall be connected to an adjacent mobile home park
street by hard-surfaced driveway at least ten (10’) feet in width.
Parking may also be provided on-street, provided that the parking lane
width requirements are complied with. Driveways
shall also be provided for access to service entrances and buildings for
delivery and collection points for fuel, refuse and other materials and
elsewhere as needed. Every driveway
entrance shall have a flare or radii in horizontal alignment necessary for safe
and convenient ingress and egress.
2.
A minimum of one (1) parking space for every three (3) mobile home sites
shall be provided for visitor parking. Each visitor parking site shall be
located within five hundred (500') feet of the mobile home site it is intended
to serve.
3.
In addition to the foregoing, a separate parking area may be provided for
vehicles that cannot be accommodated within the parking areas set forth above,
such as recreational vehicles, travel trailers, snow mobiles, and the like.
All
streets and sidewalk and areas open to travel by mobile home park residents
shall be illuminated as follows:
1.
Access points to public thoroughfares shall be lighted.
If the public thoroughfare is lighted, the illumination level shall not
exceed the average illumination level of an adjacent illuminated public
thoroughfare.
2.
At all street intersections and designated pedestrian crosswalks the
minimum illumination shall be not less than 0.15 foot candles.
3.
All streets, parking bays and sidewalks shall be illuminated at no less
than 0.05 foot candles.
4.
If a central park mail box or park directory or both are provided they
shall be illuminated by not less than 3.15 horizontal foot candles.
5.
All outdoor recreational facilities shall be provided with illumination
adequate to facilitate their intended use.
6.
All lighting shall be located and shielded so as to direct the light away
from premises abutting the mobile home park.
Each
mobile home park shall be connected to a common water supply and sanitary sewage
disposal system. Adequate water supply shall be provided for firefighting
purposes. Water supply shall be designed and installed and sewer service
provided in accordance with the Michigan Department of Public Health Engineering
Standards and the Safe Drinking Water Act, Section 325.1105 administrative rules
and shall be properly maintained and readily accessible for immediate use at all
times. Fire hydrants shall be situated within the mobile home park in such
locations and at such intervals such that no lot shall be more than three
hundred (300) feet measured parallel to the street from a fire hydrant. Each
fire hydrant shall be located within ten (10) feet of the edge of the street
paving surface. If the central water system cannot support fire hydrants,
‘dry’ fire hydrants shall be installed. When the property is more than one
hundred fifty (150) feet along a public right-of-way from either municipal water
or sewer supply lines or sewers, a private system may be installed as approved
by the County Health Department. Otherwise,
each mobile home park shall be connected to the Township water and/or sanitary
sewage disposal systems and each mobile home site shall be connected.
The
disposal of solid refuse shall comply with all Township and other government
requirements for refuse disposal.
All
local distribution lines for telephone and electric services, exclusive of main
supply and perimeter feed lines shall be placed entirely underground throughout
the mobile home park.
An
open space dedicated to use by Mobile Home Park residents as a recreation area,
playground or gathering area, including, at the option of the owner/developer,
clubhouses, swimming pools and the like, shall be provided. The areas shall
consist of not less than two (2%) percent of the park's gross acreage but not
less than twenty-five thousand (25,000) square feet. The areas shall not be
included in the border greenbelt buffer and shall not be swamp or other
marshland. This open space
requirement shall not apply to mobile home developments with less than fifty
(50) sites. If a development is
built in stages, when the fifty-first site is developed, this requirement shall
apply to all the sites in both stages of the development.
Installation of mobile homes upon each mobile home site shall be
accomplished in accordance with Part 6 of the Manufactured Housing Commission
rules. All mobile homes shall be
connected to utilities and shall be skirted and anchored in accordance with Part
6 of the Manufactured Housing Commission
rules.
8.6
GENERAL PROVISIONS FOR ALL RESIDENTIAL DISTRICTS
The
following provisions apply to development in all or any one of the R-1, R-1A,
R-2 and R‑3 Districts. All applicable requirements identified in those
provisions must be met, prior to the issuance of a zoning permit or building
permit.
No
dwelling shall be constructed, maintained, altered, or moved into the front yard
or rear yard setback of a building situated on the same lot. (See Example A)
B.
A
private garage or a portion thereof may not be rented or leased for the storage
of vehicles or equipment or for a use by other than the resident of the
property. Accessory buildings or
structures may only exist on a lot with a principal structure on the same lot.
No accessory building or structure may be inhabited by humans either
permanently or temporarily for any reason. No accessory buildings/structures may
be erected in front of the principle structure except attached garages.
Retaining
walls and fences up to six (6') feet in height are permitted provided the wall
and fences do not extend in front yards or setbacks. Clear vision must be
maintained on all drives, streets and sidewalks, and that all fences or walls
must be located on the property. Fences may not exceed a height of three (3’)
feet in the front yard.
Where a lot is bounded by two intersecting streets, the front yard
requirements shall be met on one abutting street and one-half the front yard
requirement setback shall be met on the other abutting street.
The owner shall have the discretion to decide upon which abutting street
the full front yard requirement shall be met.
No portion of the lot within twenty-five (25') feet of the side lot line
of any adjoining property may be utilized for a building or solid fence or wall
over three (3') feet in height unless the front yard requirement distances for
the adjoining property is met within the area.
Where the rear yard abuts the side yard of an adjoining property, the
side yard requirement of the adjoining lot shall be provided between any
structure over three (3') feet in height and the rear lot line (see Example B).
E.
TRAFFIC VISIBILITY ACROSS CORNER LOTS
In any Residential District on any corner lot, no fence, structure,
hedges or planting over thirty (30") inches in height, except trees which
are trimmed to permit traffic visibility, shall be erected or maintained within
twenty (20') feet of the corner property line so as not to interfere with
traffic visibility across the corner. To
preserve public safety in the use of the streets, all fences, hedges, and
plantings which violate or contravene the provisions of this section shall be
made to conform within ninety days after the effective date of this Ordinance
(see Example C).
In any district where a lot runs through a block front street to street
and where a front yard is required, the front yard shall be provided along each
street lot line, which is not a side yard street lot line (see Example D).
No building permit shall be issued for any building to be occupied by
human beings unless provisions have been made to provide sewage disposal and
water to the building. In the
absence of public sewer or water the Zoning Administrator can only issue a
building permit when county or State permits for water and sewage disposal meet
state and County health department standards.
No premises shall be filled or graded so as to discharge surface water
runoff to abutting premises in a manner so as to cause ponding or surface
accumulation of the runoff on those premises. This would include water runoff
from buildings via eaves or similar apparatus.
The use of a basement, or the basement of a partially built or planned
building as a residence or dwelling unit is prohibited in all zones, except as
living quarters for priests, ministers, and their equivalent as provided by the
Board of Appeals. This shall not prohibit a dwelling unit located partially
below ground that has access to a hallway providing two remote means of egress
to ground level.
No building in the rear of a main building on the same lot shall be
occupied for residential purposes.
For uses incidental to construction work.
Such buildings or trailers shall be removed upon the completion or
abandonment of the construction work and before issuance of any occupancy
permit.
EXAMPLE A
25 ft. Rear Front Lot Line
Street 25 ft 8 ft. No Accessory Building 25 ft Rear Front
No Accessory Building ACCESSORY
BUILDINGS / STRUCTURES Required Front Yard: Here Here Front
Here or Here Structure Structure Adjoining Lot Corner Lot or Street Front Yard Requirements Must be Met 25 ft
CLEAR VISION AREA
EXAMPLE B
CORNER
LOTS
CLEAR
VISION
