[Amended 7-17-2000 by Ord. No. 268]
The R-1, R-2 and R-3 One-Family Residential
Districts are designed to be the most restrictive of the residential
districts. The intent is to provide for an environment of predominantly
low-density single-unit dwellings along with other residentially related
facilities which serve the residents in the district.
In a One-Family Residential District (R-l, R-2
and R-3), the use of land, the location and erection of new buildings
or structures, and the alteration, enlargement, and moving of existing
buildings and structures from other locations and/or districts shall
conform to the following specified uses, unless otherwise provided
in this chapter:
A.
One-family detached dwellings, site built.
B.
Farms, including the raising of poultry and livestock,
within the R-3 District only.
[Amended 6-9-2021 by Ord. No. 320]
C.
Greenhouses and truck gardens, together with their
accessory uses, shall be permitted on parcels of less than five acres
subject to Board of Appeals review and finding that such uses would
not conflict with abutting one-family residential development.
D.
Municipal buildings and publicly owned and operated
libraries, parks, parkways and recreational facilities.
E.
Cemeteries which lawfully occupied land at the time
of adoption of this chapter.
F.
Temporary buildings and uses for construction purposes
for a period not to exceed one year.
G.
Accessory structures and uses customarily incident
to any of the above uses.
The following uses shall be permitted, subject
to the conditions hereinafter imposed for each use:
A.
Churches and other facilities normally incidental
thereto, subject to the following conditions:
(1)
Buildings of greater than the maximum height allowed in Article 16, Schedule of Regulations, may be allowed, provided front, side, and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed.
(2)
The site shall be so located as to have at least one
property line abutting a major thoroughfare as designed on the Major
Thoroughfare Plan.
(a)
All ingress and egress to the site shall be
directly onto said major thoroughfare or a marginal access service
drive thereof.
(b)
Existing churches and church lands purchased before the effective date of this chapter and not meeting the requirements of Subsection A(2) shall not be prevented from constructing and/or expanding their facilities and, for the purposes of this chapter, therefore, shall not be considered nonconforming.
B.
Public, parochial and other private elementary, intermediate
schools and/or high schools offering courses in general education,
not operated for profit.
C.
Utility and public service buildings and uses (without
storage yards) when operating requirements necessitate the locating
of said building within the district in order to serve the immediate
vicinity.
D.
Swimming pool clubs when incorporated as a nonprofit
club or organization maintaining and operating a swimming pool with
a specified limitation of members, either by subdivision, or other
specified areas, for the exclusive use of members and their guests,
subject to the following conditions:
(1)
In those instances where the proposed site is not
to be situated on a lot or lots of record, the proposed site shall
have one property line abutting a major thoroughfare as designated
on the Major Thoroughfare Plan, and the site shall be so planned as
to provide ingress and egress directly onto or from said major thoroughfare.
(2)
Front, side and rear yards shall be at least 80 feet
wide, except on those sides adjacent to nonresidential districts,
and shall be landscaped in trees, shrubs, grass and terrace areas.
All such landscaping shall be maintained in a healthy condition. There
shall be no parking or structures permitted in these yards, except
for required entrance drives and those walls and/or fences used to
obscure the use from abutting residential districts.
(3)
Buildings erected on the premises shall not exceed
one story in height.
(4)
Off-street parking shall be provided so as to accommodate
not less than 1/2 of the member families and/or individual members.
Prior to the issuance of a building permit, bylaws of the organization
shall be provided in order to establish the membership involved for
computing the number of off-street parking spaces.
(5)
As a condition to the original granting of such permit
and the operation of such nonprofit swimming pool club, as a part
of said application the applicant shall obtain from 75% of the freeholders
residing or owning property within a one-hundred-fifty-foot radius
immediately adjoining any property line of the site proposed for development
a written statement of waiver addressed to the Township Board recommending
that such approval be granted; also, approval from 51% of the homeowners
within 1,000 feet shall be had.
(6)
Whenever a swimming pool is constructed under this
chapter, said pool area shall be provided with a protective fence,
six feet in height, and entry shall be provided by means of a controlled
gate.
(7)
All plans for storm sewers, sanitary sewers, and other
utilities shall be reviewed and approved by the Township Engineer.
E.
Golf courses, which may or may not be operated for
profit, subject to the following conditions:
(1)
The site shall be so planned as to provide all ingress
and egress directly onto or from a major thoroughfare.
(2)
The site plan shall be laid out to achieve a relationship
between the major thoroughfare and any proposed service roads, entrances,
driveways, and parking areas which will encourage pedestrian and vehicular
traffic safety.
(3)
Development features including the principal and accessory
buildings and structures shall be so located and related as to minimize
the possibilities of any adverse effects upon adjacent property. This
shall mean that all principal or accessory buildings shall be not
less than 200 feet from any property line of abutting residentially
zoned lands; provided that, where topographic conditions are such
that buildings would be screened from view, the Planning Commission
may modify this requirement.
(4)
The minimum number of off-street parking spaces to be provided shall be six spaces per hole plus one space per employee plus spaces as required under Article 17, Off-Street Parking and Loading, for each accessory use, such as a restaurant or a bar.
(5)
Whenever a swimming pool is to be provided, said pool
shall be provided with a protective fence six feet in height, and
entry shall be by means of a controlled gate.
F.
Colleges, universities and other such institutions
of higher learning, public and private, offering courses in general,
technical, or religious education and not operated for profit, subject
to the following conditions:
(1)
Any use permitted herein shall be developed only on
sites of at least 40 acres in area, and shall not be permitted on
any portion of a recorded subdivision plat.
(2)
All ingress to and egress from said site shall be
directly onto a major thoroughfare.
(3)
No building shall be closer than 80 feet to any property
line.
G.
Manufactured one-family detached dwelling units, subject
to the following conditions:
(1)
When such dwelling units shall conform to all applicable
Township codes and ordinances.
(2)
Such dwelling units shall be permanently attached
to an approved foundation.
(3)
Such dwelling units shall be provided with exterior
finish materials similar to the site-built dwelling units on adjacent
properties or in the surrounding residential neighborhood in the applicable
one-family residential district.
(4)
Such dwelling units shall be provided with roof designs
and roofing material similar to the site-built dwelling units on adjacent
properties or in the surrounding residential neighborhood in the applicable
one-family residential district.
(5)
Such dwelling units shall be provided with a minimum
width of 24 feet and are in reasonable conformity with the configuration
of site-built dwelling units on adjacent properties or in the surrounding
residential neighborhood in the applicable one-family residential
district.
(6)
The Planning Commission, in reviewing any such proposed
dwelling unit, shall not seek to discourage architectural variation,
but shall seek to promote the reasonable compatibility of the character
of dwelling units, thereby protecting the economic welfare and property
of surrounding residential uses and the Township at large.
(7)
In reviewing any such proposed dwelling unit, the
Planning Commission may require the applicant to furnish such plans,
elevations, and similar documentation as it deems necessary to permit
a complete review and evaluation of the proposal.
H.
Hobby animals. The keeping of animals for nonfarm
use accessory to a one-family residence, referred to as hobby animals,
is permissible, subject to the following conditions. This subsection
shall not apply to the keeping of dogs, cats and other household pets
ordinarily kept indoors. This subsection shall also not apply to livestock
and other animals kept as part of a farm or farm operation. For the
purposes of this subsection, large hobby animals shall include horses
and other equines, cattle, swine, sheep, lambs, goats, ostrich, emu,
llama, alpaca and similar sized animals. Small hobby animals shall
include rabbits, chickens, turkeys, geese, ducks, and similar sized
animals.
[Amended 6-9-2021 by Ord.
No. 320]
(1)
The
minimum lot size for the keeping of hobby animals shall be as follows:
(a)
For large hobby animals, three acres. Two large hobby animals shall
be permitted for the first three acres. For each additional one acre,
one additional large hobby animal shall be permitted.
(b)
For small hobby animals, one acre. Six small hobby animals shall
be permitted for the first one acre. For each additional one acre,
six additional small hobby animals shall be permitted.
(c)
Lots greater than 40 acres shall have no animal quantity restrictions.
(d)
Notwithstanding the above, offspring of said hobby animals may be
kept on the lot for the time period which is customary for the species
involved.
(2)
Any
structure erected for the purpose of keeping large hobby animals shall
be located in the rear yard and no less than 75 feet from any lot
line. Any structure erected for the purpose of keeping small hobby
animals shall be located in the rear yard and no less than 20 feet
from any lot line.
(3)
All
hobby animals shall be kept within a fenced enclosure or other appropriate
barrier sufficient to contain the hobby animals on the lot.
(4)
Stables
and similar structures for the keeping of hobby animals shall be kept
clean and manure shall be treated and handled in such a manner as
to control odor and flies and shall be suitably screened from view.
I.
Bed-and-breakfast facilities licensed by the Township and as defined by Article 2, Construction of Language and Definitions, of this chapter may be permitted, subject to the following conditions:[1]
[Amended 1-7-2013 by Ord. No. 308]
(1)
Lots must meet the area and width requirements as specified by Article 16, Schedule of Regulations.
(2)
The site shall be so located as to have at least one
property line abutting a public road, state highway or major thoroughfare
as designated on the Major Thoroughfare Plan, and all vehicular access
shall be directly to such road.
(3)
The bed-and-breakfast shall be located within the
principal building which must be owner-occupied at all times.
(4)
A minimum distance of 500 feet shall be provided between
bed-and-breakfast uses. Such spacing shall be measured along road
frontages between property lines.
(5)
Not more than 25% of the residential floor area of
the dwelling unit shall be used for bed-and-breakfast sleeping rooms,
and the number of such sleeping rooms shall not exceed three.
(6)
Each room used to accommodate guests shall contain
a minimum area of 100 square feet for every two people with an additional
30 square feet for each additional person. A maximum of four people
shall be permitted in each guest room.
(7)
There shall be no separate cooking facilities for
bed-and-breakfast occupants.
(8)
The sale of any commodity, product or services is
not an accessory use and shall not be permitted.
(9)
One off-street parking space shall be provided for
each leasable bedroom in addition to the two residential spaces.
(10)
Off-street parking areas must be provided in accordance with Article 17, Off-Street Parking and Loading.
(11)
Low-intensity outside lighting for nighttime
security and safety shall be permitted subject to review and approval
by the Planning Commission.
(12)
One unlighted/unanimated sign, not more than two square feet in area and 4 1/2 feet in height may be permitted. Such sign may be permitted within the minimum yard setback area but may not be closer than 10 feet to any road right-of-way. Such sign must also meet the standards specified in § 480-65, Corner clearance.
(13)
Vehicular access to bed-and-breakfast facilities
shall be via private entrance drives. The use of shared drive arrangements
shall not be permitted.[2]
[2]
Editor's Note: Original Section 410, Subsection
10, Additions to existing dwelling units, which previously followed
this subsection, was repealed 10-20-2003 by Ord. No. 280.
A.
Lot averaging option. The lot averaging option is intended to allow the subdivision into lots with varying sizes as long as the average of all lots is equal to the minimum lot size specified Article 16, Schedule of Regulations, for each one-family residential district. If this option is selected, the following conditions shall be met:
(1)
In meeting the average minimum lot size, the subdivision shall be so designed as not to create lots having an area or width that is greater than 10% below the area or width required in Article 16, Schedule of Regulations.
(2)
The technique of averaging minimum lot size shall
be acceptable only in those instances wherein the entire preliminary
plat, which has received approval by the Township Board, is carried
through a final flat analysis, then recorded in its totality. Recording
of portions of a preliminary plat shall not be acceptable under this
option.
(3)
All computations showing lot area and the average
lot area resulting through the use of this option shall be indicated
on the print of the preliminary plat.
(4)
The number of lots shall not exceed the permitted number of dwelling units per acres (including roads) in the R-1, R-2 and R-3 One-Family Residential Districts as set forth in Article 16, Schedule of Regulations.
(5)
Minimum yard requirements of the district in which
the subdivision is located shall be provided.
B.
Subdivision open space option. The subdivision open space option is intended to provide for the creation of usable park and open space within one-family residential subdivisions. As an incentive for the use of this option, certain modifications to the standards as outlined in Article 16, Schedule of Regulations, may be permitted. If this option in selected, the following conditions shall be met:
(1)
The lot area in all one-family residential districts,
with sewers, may be reduced by 15%, provided that the dwelling unit
density shall be no greater than if the land area to be subdivided
were developed in the minimum square foot areas as required under
R-1, R-2 and R-3 Districts. In the R-1, R-2 and R-3 Districts, this
reduction may be accomplished in part by reducing lot widths up to
five feet. All calculations shall be predicated upon the one-family
districts having the following gross densities (including roads):
(2)
Rear yards may be reduced to 20 feet in the R-1 and
R-2 Districts and to 30 feet in the R-3 District when such lots border
on land dedicated for park, recreation and/or open space purposes,
provided that the width of said dedicated land shall not be less than
100 feet measured at the point at which it abuts the rear yard of
the adjacent lot.
(3)
For each square foot of land gained through the reduction of lot size below the minimum requirements as outlined in Article 16, Schedule of Regulations, at least equal amounts of land shall be dedicated to the common use of the lot owners of the subdivision in a manner approved by the East China Charter Township Board.
(4)
The area to be dedicated for subdivision open space
purposes shall in no instance be less than four acres and shall be
in a location and shape approved by the East China Township Planning
Commission. Said land shall be so graded and developed as to have
natural drainage.
(5)
In approving the application of the subdivision open
space plan technique, the Planning Commission must be cognizant of
the following objectives:
(a)
To provide a more desirable living environment
by preserving the natural character of open fields, stands of trees,
brooks, hills and similar natural assets.
(b)
To encourage developers to use a more creative
approach in the development of residential areas, thereby designing
safety into the street pattern.
(c)
To encourage a more efficient and desirable
use of open area while recognizing a reduction in development costs
and by allowing the developer to bypass natural obstacles in the site.
(6)
Use of the open space option shall only be permitted
if it is mutually agreeable to the legislative body and the subdivider
or developer.
(7)
Construction shall be started within six months after
having received approval of the final plat and must be completed in
a reasonable time. Failure to start within this period shall void
all previous approval.
(8)
Under this option, the developer or subdivider shall
dedicate the total park area at the time of filing of the final plat
on all or any portion of the plat.
(9)
The modifications permitted under this section shall
not be applied in conjunction with the lot averaging option.
C.
One-family residential clustering option. The one-family
residential clustering option is intended to introduce a flexible
means of development for situations where a conventional subdivision
approach may be too restrictive.
(1)
In all one-family residential districts, one-family
clustering shall be permitted in those areas having the following
characteristics:
(a)
An area generally parallel to, and not to exceed
360 feet in depth, on those unsubdivided parcels of land having frontage
on existing or proposed major thoroughfares of at least 120 feet so
as to provide transition between said major thoroughfare and adjacent
one-family detached housing. The density may equal five dwelling units
per acre (including all residential roads).
[1]
The maximum depth permitted herein may be increased
by the Planning Commission where it is found that the remaining portion
of the parcel is of insufficient area or restricted by dimension to
be suitably developed under a normal subdivision approach.
(b)
Those unsubdivided parcels of land abutting
an existing or proposed collector street of at least 86 feet which,
in the opinion of the Planning Commission, would be impractical to
develop under a normal subdivision approach due to topographic conditions,
unusual parcel shape, and/or restrictive property dimensions, the
density may equal the following units per acre (including all residential
roads):
(c)
Unsubdivided acreage consisting of less than 100 acres bounded on at least three sides by an industrial district and/or an existing public or semipublic development and fronting on a state trunk line road or a major thoroughfare of at least a one-hundred-twenty-foot right-of-way. The density of this development may be equal to that permitted in the preceding Subsection C(1)(b) above.
(2)
Under this option, the attaching of one-family homes
shall be permitted when said homes are attached through a common party
wall which does not have over 50% of its area in common with an abutting
dwelling wall, by means of an architectural wall detail which does
not form interior room space, or through a common party wall in the
garage portion of the structures. There shall be no other common party
wall relationship permitted through any other portion of the residential
unit.
(3)
The maximum number of attached or detached units in
any grouping shall not exceed four.
(4)
Approval under this section shall require the submittal of a site plan in accordance with § 480-72, Site plan review. Proposed buildings may be shown in either of the following ways:
(a)
A fully dimensioned and detailed site plan showing
exact location of all structures.
(b)
The site plan may be submitted with rectangular
areas designated on the plan within which each structure shall be
later located. In this instance, a building permit will not be issued
until the final building plan is submitted and is drawn in the rectangular
area shown in the site plan.
(5)
Unless otherwise provided for, the minimum requirements of Article 16, Schedule of Regulations, of this chapter shall apply. However, yards shall be provided as follows:
(a)
Front yards, on that side of a cluster dwelling
adjacent to dedicated street, shall be equal to at least 25 feet.
(b)
All other setbacks shall be at least 30 feet
between property line and building line.
(c)
Spacing between groups of clustered dwellings
or freestanding cluster units shall be equal to at least 25 feet,
measured between the nearest point of the two structures.
(d)
Spacing between detached (freestanding) units
shall be equal to at least 15 feet, measured between the nearest point
of the two structures.
(e)
A one-family cluster development when abutting
a front yard of an existing recorded subdivision, which is not a part
of the site plan submitted under this option, shall cause all dwelling
units facing such subdivision to relate through its front or entrance
facade and shall treat said site of the cluster as a front yard.
(7)
So as to accomplish a unified appearance, the units
in each cluster grouping shall be constructed of similar materials
and shall have one architectural style applied. The building facades,
in their overall treatment, shall be so varied as not to give the
appearance of repetition.
(8)
Off-street parking shall be provided in accordance with Article 17, Off-street Parking and Loading. All parking shall be provided within completely enclosed garages attached to the principal use it is to serve.
(9)
In reviewing the plans and approving the application
of this section to a particular site, the Planning Commission shall
require the following:
(a)
A landscaped berm, at least five feet in height,
shall be provided along the entire property line abutting a major
thoroughfare or collector street. This berm may be included within
a required yard setback.
(b)
All access to the site shall be from a major
thoroughfare of at least 120 feet right-of-way, or a collector street
of 86 feet right-of-way as identified in the Township Master Plan
of Future Land Use.
D.
Site condominium option. The site condominium option
is intended to provide for the division of land as regulated by the
Condominium Act (Act 59 of 1978 as amended)[2] rather than the Land Division Act (MCLA § 560.101
et seq., as amended). In accordance with Section 141 of Act 59,[3] it is further intended that development, utilizing the
site condominium options, be treated no differently than a subdivision
developed under the Land Division Act (MCLA § 560.101 et
seq.) and that the same standards be applied in their design layout
and improvements.
[Amended 4-19-2004 by Ord. No. 285]
(1)
If the site condominium option is selected, the following
conditions are applicable:
(a)
Article 16, Schedule of Regulations, limiting the height and bulk of buildings, the minimum lot sizes and yard requirements shall be applicable as permitted in each zoning district or as otherwise altered within this section.
(d)
The site condominium option can be used with
other development options of this chapter.
(2)
If building footprints are shown on the site plan,
setbacks shall be measured to the building. Otherwise, setbacks shall
be provided for each building envelope equal to the minimum setback
requirements of the zoning district and shall be measured as specified
below:
(a)
Rear setbacks shall be measured from the rear
area line to the rear building envelope.
(b)
Side setbacks shall be measured from the side
area line to the side building envelope.
(c)
Front setbacks shall be measured from the street
right-of-way for public or private streets, and from the pavement
edge for streets not having a right-of-way. In instances where there
is no right-of-way, the setback shall be increased by 15 feet.
(3)
The Planning Commission may request that several different
facades be used to provide a variety of building appearances.
(4)
Plans for the development and landscaping of all commons areas must be submitted and shall meet the applicable requirements of § 480-63, Landscaping.
(5)
All streets shall be dedicated to the public unless
private streets are allowed by the Planning Commission.
(a)
In considering the allowance of private streets,
at least the following criteria will be considered:
[1]
If the site is oddly shaped and the right-of-way
required for public streets would create an impractical situation,
i.e., double frontage lots, single loaded frontage.
[2]
If the site contains natural features that could
be better preserved through the use of private streets.
[3]
The use of private streets would not prevent
the interconnection of existing or planned public streets.
(b)
These criteria are included as guidelines and
do not exclude further considerations.
(6)
The means of maintaining all limited and general commons
areas shall be specified in the master deed.
(7)
A copy of the master deed shall be submitted for review
and recommendations of the Township Attorney prior to final plan approval.
(8)
Review by Planning Commission.
(a)
The Township Clerk shall receive and check the plan for completeness as per § 480-72, Site plan review. If complete and basically in conformance with applicable municipal requirements, the Clerk shall place the proposal on the agenda of the next regular Planning Commission meeting.
(c)
The Planning Commission shall give preliminary
approval or disapprove the plan.
[1]
Should the Commission deny approval of the plan,
it shall record the reasons in the minutes of the regular meeting.
A copy of the minutes shall be sent to the applicant.
[2]
Should the Commission find that all conditions
have been satisfactorily met and the plan conforms to the provision
of this chapter, it shall recommend approval to the Township Board.
The Planning Commission Chairman shall make a notation to that effect
on each copy of the plan and distribute copies of same as follows:
return one copy to the applicant; retain one copy which shall become
a matter of permanent record in the Commission files; forward one
copy to the School Board or School Superintendent of the School District
having jurisdiction in the area concerned; file the remaining copies
in the office of the Clerk.
(9)
Review by Township Board.
(a)
No installation or construction of any improvements
shall be made before the plan has received final approval of the Township
Board, engineering plans have been reviewed by the Township Engineer
and any deposits required have been received by the Township.
(b)
The plan shall be filed by the applicant with
the Clerk and shall deposit such sums of money as the Township Board
may require herein or by other ordinances.
(c)
The Township Board shall not review the plan
until it has received the review and preliminary approval of the Planning
Commission. Following the preliminary approval by the Planning Commission,
the Township Board shall consider the plan at such meeting that the
matter is placed on the regularly scheduled agenda.
(d)
Final approval shall be effective for a period
of two years from the date of final approval. The two-year period
may be extended if requested by the applicant and granted by the Township
Board in writing.
(e)
Upon final approval of the plan by the Township
Board, three prints of the plan shall be forwarded: one to the Clerk;
one to the Planning Commission; and one to the Building Department.
