The R1-A and the R-1 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- to medium-density single-unit dwellings along with other residentially related facilities which serve the residents in the district.
In the R1-A and R-1 Districts, no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this chapter.
A.
One-family detached dwellings.
B.
Family child-care home, provided that any and all licensing requirements by the State of Michigan shall be met, for one but not more than six minor children.
[Amended 7-22-2008 by Ord. No. 1213]
C.
Foster family home, provided that any and all licensing requirements by the State of Michigan shall be met for one but not more than four minor children.
[Amended 7-22-2008 by Ord. No. 1213]
D.
Foster family group home, provided that any and all licensing requirements by the State of Michigan shall be met for more than four but fewer than seven minor children.
[Amended 7-22-2008 by Ord. No. 1213]
E.
Publicly owned and operated libraries, parks, parkways and recreational facilities.
The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject to the approval of the Building Director, except for cemeteries and mausoleums which must be approved by the City Council and except for those uses requiring review and approval by the Planning Commission.
B.
Churches and other facilities normally incidental thereto, subject to the following conditions:
(1)
Buildings of greater than the maximum height allowed in Article XVIII, Schedule of Regulations; District Options, may be allowed, provided front, side and rear yards are increased above the minimum required yards by at least one foot for each foot of building height that exceeds the maximum height allowed, except church spires, flag poles, public monuments, etc., may be excused from this limitation as set forth in Article XXV, General Exceptions, § 370-126, in this chapter.
(2)
Wherever an off-street parking area is adjacent to land zoned for residential purposes, a continuous and obscuring wall, four feet six inches in height, or an obscuring landscaped greenbelt planting screen shall be provided along the sides of the parking area adjacent to the residentially zoned land. The wall and/or greenbelt shall be further subject to the provisions of Article XXII, in this chapter.
(3)
The site shall be so located as to have at least one property line abutting a major thoroughfare or collector street as designated on the Major Thoroughfare Plan. All ingress and egress to the site shall be directly onto said major thoroughfare or collector street or a marginal access service drive.
C.
Public, parochial and other private elementary, intermediate schools and/or high schools offering courses in general education, or operated for profit, are subject to review and approval by the Planning Commission.
D.
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, subject to review and approval by the Planning Commission.
E.
Adult foster care family homes, provided that any and all licensing requirements by the State of Michigan shall be met for one but not more than six adults.
[Amended 7-22-2008 by Ord. No. 1213]
F.
Elderly day care homes, provided that any and all licensing requirements by the State of Michigan shall be met for the daytime care of up to six adults, provided the following conditions are met.
[Amended 7-22-2008 by Ord. No. 1213]
G.
Group child-care homes, provided that any and all licensing requirements by the State of Michigan shall be met, for the daytime care of up to 12 children, provided the following conditions are met.
[Amended 7-22-2008 by Ord. No. 1213]
(1)
The outdoor play area shall be fenced with at least a five-foot-high fence.
(2)
The facility shall not provide care services for more than 16 hours in any twenty-four-hour period.
(3)
The facility shall be located on a major thoroughfare.
(4)
Operations of the facility conducted between the hours of 10:00 p.m. and 7:00 a.m. shall be limited to indoor activities only.
(6)
Off-street parking and off-street pickup and dropoff areas shall be provided as set forth in Article XX of this chapter.
(7)
The property shall be maintained in a neat and orderly manner.
(8)
It shall be the obligation of an applicant to provide all necessary information relative to the above requirements.
H.
Child-care center or day-care center, for children or adults, provided that any and all licensing requirements by the State of Michigan shall be met, and provided the following conditions are met:
[Amended 7-22-2008 by Ord. No. 1213]
(1)
The facility shall not provide care services for more than 16 hours in any twenty-four-hour period.
(2)
An outdoor play area for children, if so cared for in the facility, shall be provided and shall be fenced with at least a five-foot-high fence.
(3)
The facility shall be located on a major thoroughfare and shall provide not less than 5,000 square feet of outdoor on-site play area when more than 12 children are to be cared for. All such play areas shall be screened from view from any adjoining single-family dwelling in a residential district.
(5)
Off-street parking and off-street pickup and dropoff areas shall be provided as set forth in Article XX in this chapter.
(6)
The property shall be maintained in a neat and orderly manner.
(7)
It shall be the obligation of an applicant to provide all necessary information relative to the above requirements.
I.
Child-caring institution, provided that any and all licensing requirements by the State of Michigan shall be met, subject to the following conditions.
[Amended 7-22-2008 by Ord. No. 1213]
(1)
The facility may care for more than four but less than 13 minor children at one time.
(2)
The facility shall be located on a major thoroughfare as designated on the City's adopted master plan map.
(3)
Off-street parking and off-street pickup and dropoff areas shall be provided as set forth in Article XX in this chapter.
(4)
Outdoor play areas shall be provided in accordance with applicable state requirements.
(5)
When located on the same premises with the use, the play area will be fenced along property lines in residential districts.
J.
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 limitation of members, for the exclusive use of members and their guests, all subject to the following conditions:
(1)
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; the Planning Commission shall determine a reasonable setback. All yards shall be landscaped in trees, shrubs, grass and terraced 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)
All lighting shall be shielded to reduce glare and shall be so arranged and maintained so as to direct the light away from all residential lands which adjoin the site.
(4)
Whenever the parking plan is so laid out as to beam automobile headlights toward any residential land, an architectural masonry screening wall, or an obscuring landscape planting screen, shall be provided along that entire side of the parking area, and said wall or planting screen shall be subject to the requirements of Articles XX and XXII in this chapter.
(5)
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.
(6)
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 off-street parking requirements. Off-street parking areas shall be subject to the provisions of Article XX in this chapter.
(7)
All plans for storm sewers, sanitary sewers and other utilities shall be reviewed and approved by the City Engineer.
K.
Private noncommercial recreational areas; institutional or community recreation centers subject to the following conditions:
(1)
The proposed site for any of the uses permitted herein which would attract persons from, or are intended to serve, areas beyond the immediate neighborhood shall have at least one property line abutting a major thoroughfare as designated on the Major Thoroughfare Plan, and the site shall be so planned as to provide all ingress and egress directly onto or from said major thoroughfare.
(2)
Front, side and rear yards shall be at least 80 feet wide, and shall be landscaped in trees, shrubs, and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except required entrance drives and those walls used to obscure the use from abutting residential districts.
(3)
Off-street parking shall be provided so as to accommodate not less than 1/2 of the member families and/or individual members. The Planning Commission may modify the off-street parking requirements in those instances wherein it is specifically determined that the uses will originate from the immediately adjacent areas, and will therefore be pedestrian.
(4)
Prior to the issuance of a building permit or zoning compliance permit, bylaws of the organization shall be provided in order to establish the membership involved for computing the off-street parking requirements. In those cases wherein the proposed use or organization does not have bylaws or formal membership, the off-street parking requirements shall be determined by the Planning Commission on the basis of usage.
L.
Golf courses, which may or may not be operated for profit, subject to the following conditions and subject further to review and approval by the Planning Commission.
(1)
The site shall be so planned as to provide all ingress and egress directly onto or from a major thoroughfare as designated on the Major Thoroughfare Plan.
(2)
The site plan shall be laid out to achieve a relationship between the major thoroughfare and any 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 so 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 as required in Article XX in this chapter for a golf course and for each accessory use, such as but not limited to, 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.
M.
Cemeteries or mausoleums, subject to the following conditions and subject further to approval by the Planning Commission.
(1)
Any mausoleum, crypt or other building containing bodies or remains, or a chapel, not including individual graves or columbaria, shall not be located within 100 feet of any lot line: any such building(s) shall not occupy more than 10% of the total land area of the zoning lot and shall not exceed 25 feet in height; any burial sites outside of a building shall not be located closer than 10 feet to a side or rear property line nor closer than 25 feet to a public thoroughfare.
(2)
A service building incidental to the cemetery operation, and not having contact with the public, may be located in a side or rear yard area. Any such building shall be located at least seven feet from a side or rear lot line, provided the building does not exceed 600 square feet in floor area nor more than 15 feet to the highest point of the roof. Service buildings in excess of these limitations shall be subject to those required in Subsection M(1) above. Outside storage shall be limited to normal refuse, compost or other bulk landscape material and shall be totally obscured from any adjacent uses and public thoroughfares.
(3)
The zoning lot shall have at least one lot line abutting a major thoroughfare or collector street, and a vehicular access shall be directly from such thoroughfare or street across such abutting lot line.
(4)
On those sides of the zoning lot abutting any residential district, a two-foot-high earth berm shall be provided. Such berm shall be landscaped with plant material as provided in Article XXII of this chapter, except that the density of plant material need not be obscuring. A decorative masonry wall or ornamental fence, at least two feet in height, may be used in combination with such landscaping in lieu of the berm, the intent of the provision being to soften the overall appearance.
(5)
On those sides abutting a pubic thoroughfare, a landscaped setback of at least 25 feet shall be provided. A berm of two feet shall be provided within this landscape setback; a decorative masonry wall or ornamental fence (at least two feet in height and set back 25 feet from the thoroughfare) may be substituted for the berm. In either instance, plantings in accordance with Subsection M(4) above will be required. The required plantings within the required setback shall be so located and arranged to avoid clear vision obstructions between vehicles entering or leaving the cemetery and adjacent sidewalks and streets.
(6)
Berms shall be a landscaped earth mound, the same height as required for a wall, and shall comply with the requirements of Article XXII of this chapter pertaining to earth berms.
(7)
A site plan shall be submitted for review by the Planning Commission.
N.
Home occupations may be permitted, provided they shall:
(1)
Be conducted wholly and entirely within the principal dwelling.
(2)
Be located either in the basement or on the ground floor of the principal dwelling and shall occupy not more than 25% of the ground floor area of the principal dwelling.
(3)
Be conducted only by the inhabitants thereof as defined in Article II of this chapter, there being no other employees or assistants employed in connection with a home occupation.
(4)
Not involve the keeping of a stock-in-trade, and no article shall be sold or offered for sale except such as may be produced or provided by the inhabitants thereof. All products produced on the premises shall be sold off premises.
(5)
Have no equipment or machinery used in connection with a home occupation which is industrial in nature.
(6)
Not change the character of the residential appearance and orientation of the dwelling as a residential use.
(7)
Not require internal or external alterations or construction other than that which may be required to meet local or state safety or construction code standards, as authorized by the City.
(8)
Not be carried on to an extent that will require parking in excess of that required for a residential building by this chapter.
(9)
Have no signs, advertising devices or other manifestations located on the exterior of the dwelling structure or within any yard area which suggests or implies the existence of a home occupation.
(10)
Not include clinics, hospitals, barber or beauty shops, tea rooms, tourist homes, kennels, dog grooming, millinery shops or any other use similar to the above use or which does not meet the above requirements.
(11)
Be approved by the Building Department when it is determined that the above conditions are met. The Building Department may then issue a special use permit. Once established, no home occupation shall deviate from the above required condition. Upon filing of a complaint by a neighbor or by the City, no home occupation shall be continued when the same shall be found objectionable or in violation of the above conditions by the Zoning Board of Appeals due to noise, electrical interference, dust, smoke odor, vibration, traffic congestion, reduction of on-street parking, area reduction in the living environment of the dwelling, or the neighborhood, or other causes for which a reasonable complaint is brought.
The following conditions, when applicable, shall apply to all uses permitted in the district.
A.
Single-family detached dwelling units.
(1)
All single-family detached dwelling units shall comply with the following standards:
(a)
All dwelling units shall conform to all applicable City and state codes and ordinances.
(b)
All dwelling units shall be permanently attached to an approved foundation.
(c)
All dwelling units shall be provided with exterior finish materials similar to the dwelling units on adjacent properties and in the surrounding residential neighborhood in the R1-A and R-1 Districts.
(d)
All dwelling units shall be provided with roof designs and roofing materials similar to the dwelling units on adjacent properties and in the surrounding residential neighborhood in the R1-A and R-1 Districts.
(e)
All dwelling units shall be provided with an exterior building wall configuration which represents an average width-to-depth or depth-to-width ratio which does not exceed three to one or is in reasonable conformity with the configuration of the dwelling units on adjacent properties and in the surrounding residential neighborhood in the R1-A and R-1 Districts, but in no instance shall such width be less than 24 feet.
(2)
The Building Department, in reviewing any such proposed dwelling unit with respect to Subsection A(1)(c), (d) and (e) above, 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 character of dwelling units, thereby protecting the economic welfare and property value of surrounding residential uses and the City at large. In reviewing any such proposed dwelling unit, the Building Department shall require the applicant to furnish such plans, elevations and similar documentation as it deems necessary to permit a complete review and evaluation of the proposed dwelling unit.
B.
Open storage in residential districts shall be limited to the following conditions, there being no other open storage (outdoor storage) of any kind permitted.
C.
See Article XVIII, Schedule of Regulations; District Options, limiting the height and bulk of buildings, the minimum size of a lot permitted by land use, the maximum density permitted and providing minimum yard setback requirements.
