The Schedule of Regulations for Residential Districts is included as an attachment to this chapter.
[Code 1974, § 82-8]
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[Code 1974, §§ 82-2.1—82-2.4; Ord. No. 2002-05, 5-7-2002; Ord. No. 2010-03, 2-28-2010; Ord. No. 2011-07, 5-5-2011; Ord. No. 2011-09, 7-19-2011]
(a)
Purpose.
(1)
A one-family residential district implies a predominant occurrence
of dwelling structures located on individual lots of land and housing
only one family or household group. There exists, however, a range
of preference relative to the character and size of individual residential
properties that prompts creation of at least three one-family residential
districts. Furthermore, in consideration of the excessive cost of
extending water and sewerage service to all areas of the Township,
the establishment of a zoning district in which spacious lots are
required makes it reasonably possible to obtain a continuous supply
of safe, potable water on the immediate property and to treat sewage
by septic tank followed by the disposal of the effluent on the same
property.
(2)
This section, therefore, establishes the RR one-family rural
residential district, together with the regulations for all permitted
land uses. It is the purpose of this section to establish a district
composed of residential properties of a semirural character and one
that includes facilities for an extended period of time into the future.
This district includes existing low-density one-family properties
as well as areas within which such development appears both likely
and desirable, and the availability of water and sewers by itself
shall not constitute cause for instituting a higher density zoning.
(3)
The requirements for this district are designed to protect and
stabilize the essential characteristics of these areas and to promote
and encourage a suitable and safe environment for family life. Residential
development involving higher population densities and requiring higher
levels of public, facilities, and services shall be excluded from
this district, but can be accommodated in either the RAA, RA or RB
single-family residential districts, the RX one- and two-family residential
districts or the RD, RDD, RN, RC or RCC multiple-family residential
districts.
(4)
In order to avoid intrusion of undesirable uses and to foster
all possible benefits for continued high quality of residential environment,
all nonresidential land and structure uses in this district 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.
(5)
This section applies to the RR district.
(b)
Uses permitted by right.
(1)
Single-family dwellings, provided that, except for RR-zoned
parcels equal to or greater than 50 acres in area, there shall not
be more than one dwelling upon each lot and that such dwelling is
either constructed on the site or manufactured off the site, which
shall meet each of the following standards:
[Amended 10-7-2014 by Ord. No. 2014-05]
a.
The dwelling shall comply with the requirements of § 86-366, Schedule of regulations for residential districts.
[Amended 11-9-2023 by Ord. No. 2023-05]
b.
The dwelling shall have a roof overhang of not less than six
inches on all sides.
c.
The pitch of the main roof shall not be less than one foot of
rise for each four feet of horizontal run. The main roof shall be
shingled or shall appear to be shingled, except where alternate energy
devices are installed.
d.
The exterior walls shall be constructed, or appear to be constructed,
of wood or masonry. Reflection from such exterior shall not be greater
than from siding coated with clean, white, gloss, exterior enamel.
e.
The main body of the dwelling shall be a rectangle, with a width
of not less than 20 feet, as measured across the narrowest section.
f.
The dwelling shall have not less than two exterior doors, which
shall be located on separate sides of the dwelling.
g.
The dwelling shall be firmly attached to a permanent foundation,
which shall be coextensive with the perimeter of the dwelling. The
foundation shall be constructed in accordance with the state construction
code, and attachment of the dwelling to the foundation shall meet
all applicable building codes and other state and federal regulations.
h.
The dwelling shall not have exposed wheels, towing mechanism,
undercarriage, or chassis.
i.
The dwelling shall contain storage area in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction, similar in exterior appearance to the principal dwelling. Such storage area shall be in addition to the space for the storage of automobiles and shall contain a floor area not less than 10% of the minimum living space required in § 86-366.
j.
The dwelling shall be certified by the manufacturer or builder
to be:
1.
Designed only for erection or installation on a site-built permanent
foundation;
2.
Not designed to be moved once so erected or installed;
3.
Designed and manufactured to comply with the state construction
code, as adopted by the Township;
4.
To the manufacturer's or builder's knowledge, not intended to
be used other than on a site-built permanent foundation.
k.
The dwelling shall meet all standards of the state construction
code and all other applicable Township ordinances.
l.
The dwelling shall be occupied by a family, a family and one roomer, a functional family, a functional family and one roomer, or by a group of not more than two unrelated persons, except that a person owning a single-family dwelling shall be permitted to keep two roomers while continuing to own and reside in the dwelling. The maximum occupancy shall not exceed three unrelated persons, including the owner, for an owner-occupied dwelling. For the purposes of this chapter persons comprising a functional family as defined in § 86-2 shall be deemed related persons.
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Compliance with the foregoing standards shall be determined by the Director of Community Planning and Development or his designee, upon review of the plans submitted, which plans shall include elevations or photographs of all sides of the proposed dwelling, exterior dimensions, roof slopes, description of exterior finish and roofing composition, storage areas, and all other information required to be submitted under any applicable ordinance. Such determination may be appealed by an aggrieved party to the Zoning Board of Appeals, pursuant to Article II, Division 6 of this chapter. Further, the Zoning Board of Appeals shall be empowered to grant variances from the foregoing standards pursuant to § 86-216. Such variances may be granted to permit innovative design concepts involved in such matters as solar energy, view, unique land contour, or relief from the common or standard design dwelling, provided that the conditions of § 86-221 are satisfied.
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(2)
Home occupations.
a.
The following are typical examples of uses which can be conducted
within the standards set forth in this section and therefore qualify
as home occupations. Uses which qualify as home occupations are not
limited to those named in this section.
1.
Home offices for services such as, but not limited to, accountant,
architect, attorney, computer programmer, consultant, graphic designer,
insurance agent, realtor, or web designer.
2.
Instruction in crafts or fine arts such as, but not limited
to, art, dance, and music instruction, and studio uses for such activities
as painting, sculpting, and writing.
3.
Personal services such as, but not limited to, bicycle repair,
clothing design, construction and alteration, computer repair, hair
dresser, manicurist, and small appliance repair (excluding internal
combustion engines).
4.
Offices of professionals licensed by the State of Michigan to
treat human patients.
b.
Home occupations shall satisfy the following conditions:
1.
The nonresidential use shall be incidental to the primary residential
use.
2.
The home occupation shall utilize no more than 25% of the floor
area of the dwelling, or 500 square feet, whichever is less.
3.
The home occupation shall involve no employee other than members
of their immediate family residing on the premises.
4.
All activities shall be carried on indoors only in the principal
building, an attached or detached garage, or other accessory building.
No outdoor activities or storage shall be permitted.
5.
There shall be no alterations to the building or property which
would in any way change its residential character or appearance.
6.
There shall be no external evidence of a home occupation except
one nonilluminated sign not exceeding two square feet in surface display
area and attached flat against the building.
[Amended 4-28-2023 by Ord. No. 2022-16]
7.
No activity related to the occupation occurring on the premises
including clients, customers, or pickup and delivery vehicles shall
adversely impact the surrounding neighborhood or the right of surrounding
residents to the quiet enjoyment of their property, including, but
not limited to, the creation of noise, vibrations, odors, heat, glare,
or electrical interference detectable beyond the property line; or
have any pickup or delivery by motor vehicle before 7:00 a.m. or after
7:00 p.m.
8.
No occupation by its nature or conduct shall generate undue
traffic in excess of that normally expected in a residential neighborhood.
9.
Customers of the home occupation shall be accommodated on an
appointment basis; no regular hours shall be maintained or advertised
where the premises are generally open to customers.
10.
No food or beverages shall be sold to be consumed on the premises.
(3)
Other customary accessory uses and buildings. Provided such uses and buildings are incidental to the principal use and do not include any activity conducted as a business. Any accessory building or use shall be located on the same lot with the principal building. See § 86-502 for yard regulations for accessory buildings.
[Amended 11-9-2023 by Ord. No. 2023-05]
(4)
Temporary buildings for uses incidental to construction work.
Such buildings shall be removed upon the completion or abandonment
of the construction work and before issuance of any occupancy permit.
(5)
Recreation uses. Public parks, playgrounds, playfields, and
other public open space for recreational uses.
(6)
Golf courses. This shall not be deemed to permit golf driving
ranges or miniature golf courses. Practice putting and chipping greens
are allowed when in conjunction with a golf course. The sale of golf
balls and golf clubs or the repair of golf clubs shall be permitted
when ancillary to the golf course. Only those accessory buildings
related to the maintenance and operation of the golf course, such
as an office, inclement weather shelter, starter shed, storage buildings
for carts or maintenance equipment, and other similar structures,
shall be permitted. Buildings related to the maintenance of the golf
course shall not be located closer than 100 feet to any property line.
Measures must be taken in course layout to avoid hazard to adjacent
property owners.
(7)
Customary agricultural operations. Including general farming,
truck gardening, fruit orchards, nursery greenhouses not selling at
retail on the premises, and usual farm buildings but subject to the
following conditions:
[Amended 5-17-2022 by Ord. No. 2022-07]
a.
Raising and keeping of small animals, such as poultry, rabbits
and goats, only in the RR district.
b.
Raising and keeping of livestock, such as cattle, hogs, sheep,
and horses, provided that all such raising and keeping shall be for
the personal use or consumption by the occupants of the premises,
only in the RR district, provided that the minimum area upon which
one such animal may be kept is three acres and that one additional
animal may be kept for each additional acre by which the parcel exceeds
three acres.
c.
Raising and keeping for profit livestock, such as cattle, hogs,
sheep and similar livestock on a parcel of land not less than 10 acres
in area, only in the RR district.
d.
No storage of manure or odor- or dust-producing materials or
use shall be permitted within 100 feet of any property line.
e.
No buildings for storage of mechanical equipment shall be permitted
closer than 100 feet of any property line.
f.
No products shall be publicly displayed or offered for sale
from the roadside except those grown upon the land abutting the road.
g.
Stabling or confining animals or poultry in barns, pens, stables,
or corrals for the production of milk or egg products or for temporary
holding of livestock for normal tending shall not be construed as
a feedlot and shall be permitted by right, provided no such barn,
pen, stable, or corral is located within 100 feet from any property
line. Pasture land shall not be subject to any setbacks. Pasture land
shall be identified by a predominance of vegetation consisting of
desirable forage species upon which livestock graze.
(8)
Raising and keeping of chickens and rabbits as nonagricultural
use. The raising and keeping of chickens and rabbits accessory only
to one-family dwellings in the RAAA, RAA, and RA zoning districts
is subject to the following requirements:
[Amended 5-17-2022 by Ord. No. 2022-07]; 12-6-2022 by Ord. No. 2022-14]
a.
Registration.
1.
Prior to the raising and keeping of chickens and rabbits on
any property under this section, the property shall be registered
with the Department of Community Planning and Development.
2.
Only an individual living in a dwelling on the property shall
raise or keep chickens and rabbits on the property. A registration
may not be transferred.
3.
Notwithstanding registering with the Township, private restrictions
on the use of property shall remain enforceable and take precedence
over the registration. Private restrictions include, but are not limited
to, deed restrictions, condominium master deed restrictions, neighborhood
association bylaws, and covenant deeds. The interpretation and enforcement
of the private restriction is the sole responsibility of the private
parties involved.
b.
Standards. In addition to registering with the Township, the
raising and keeping of chickens and rabbits accessory only to one-family
dwellings in the RAAA, RAA, and RA zoning districts shall comply with
the following standards:
1.
In no case shall the maximum number of chickens and rabbits
in any combination exceed four.
2.
Roosters shall not be allowed.
3.
The sale of chickens, rabbits and eggs on the property is prohibited.
4.
Chickens and rabbits shall not be kept in any location on the
property other than in the rear yard as defined by the zoning ordinance.
5.
Chickens and rabbits shall be provided with a covered structure and must be kept in the covered structure or an adjoining fenced area at all times. Covered structures and fenced areas used for the raising and keeping of chickens and rabbits are subject to all provisions of Chapter 86 (zoning), except the covered structure and fenced area shall be set back a minimum of 10 feet from a side or rear lot line and structures propose for reverse frontage lots shall be located no closer than 30 feet to the right-of-way of the designated rear yard.
6.
All structures for the raising and keeping of chickens and rabbits
shall be constructed so as to prevent rodents or other animals from
being harbored underneath, within, or within the walls of the structure.
7.
All feed and other items associated with the raising and keeping
of chickens and rabbits shall be kept in containers or otherwise protected
so as to prevent access to or contact with rodents or other animals.
8.
The covered structure used to house the chickens and rabbits
and any fenced area shall be kept in a sanitary condition.
9.
This section shall not regulate the keeping of chickens in those
areas zoned RR (Rural Residential) or AG (Agricultural) where the
raising of chickens is a permitted use when conducted in compliance
with the Michigan Right to Farm Act and the generally accepted agricultural
and management practices promulgated therein.
(9)
Railroad rights-of-way. Including all necessary trackage, switches,
and operating devices, but excluding storage, marshalling yards, freight
yards, or sidings.
(10)
Supplementary uses. The temporary storage of not more than one unoccupied travel trailer or camper trailer upon each lot; provided, however, that such trailer be completely enclosed in a structure or parked in a rear yard in conformance with the applicable yard requirements of the zone in which it is located. Other supplementary uses are described in Article V, Division 2 of this chapter.
(11)
Signs. Identifying any of the permitted uses in this district shall be in accordance with those requirements specified in Article VII of this chapter.
(12)
Automobile parking. Automobile parking shall be provided as specified in Article VIII, Division 2 of this chapter.
(13)
Public educational institutions. Elementary schools, high schools,
and other educational institutions under the jurisdiction of a public
school board of education or other publicly elected board authorized
by the Constitution of the State of Michigan.
(14)
Private, noncommercial kennels. As defined by this chapter.
(15)
Foster family homes and foster family group homes.
[Amended by Ord. No. 2014-07, 12-9-2014]
(16)
Garage sales. Garage sales, rummage sales, yard sales, and similar
activities may be conducted for no longer than three days and no more
than twice per calendar year on the same property.
(17)
Family child care homes.
[Added by Ord. No. 2014-07, 12-9-2014]
(18)
Family adult care homes. Family adult care homes, provided structures
and sites meet all current building, residential, fire and property
maintenance codes as adopted by the Township.
[Added by Ord. No. 2014-07, 12-9-2014]
(19)
One additional single-family residential dwelling and associated
accessory structures may be constructed on a parcel occupied by not
more than one single-family residential dwelling unit and associated
accessory structures, provided the subject parcel is zoned RR (Rural
Residential), is equal to or greater than 50 acres in area, and other
applicable zoning district requirements are met.
[Added by Ord. No. 2014-05; 10-7-2014]
(c)
Uses permitted by special use permit. The following uses of land and structures may be permitted by the application for and the issuance of a special use permit as provided for in Article VI of this chapter:
(1)
Golf driving ranges or miniature golf courses, if on the same
parcel of land as a golf course. If not located on the same parcel
of land as a golf course, golf driving ranges or miniature golf courses
may be permitted in CR (commercial recreation) districts.
(2)
Club buildings for outdoor sports, except for a golf course.
Buildings primarily for the purpose of operating an outdoor sports
area may include sales and dispensing of food or beverages, retail
sales or rental equipment related to the principal use of the property,
and storage of equipment used in maintaining the property.
(3)
Golf courses featuring the following uses when ancillary to
the principal use of the site: club house, pro shop, snack shop, restaurants
or banquet facilities, swimming pools, tennis courts, fitness facility,
short-term overnight lodging, salon, spa, and other structures, services,
and activities determined to be appropriate on the site.
(4)
Public riding stables and livestock auction yards.
(5)
Greenhouses and nurseries selling at retail on the premises.
(6)
Veterinary hospitals, clinics, or commercial kennels.
(7)
Game or hunting preserves operated for profit.
(8)
Institutions for human care. Hospitals, sanitariums, nursing or convalescent homes, homes for the aged and other similar institutions as provided for in Subsection 86-654(c). This shall not include multiple housing developments.
(9)
Religious institutions. Churches, convents, or similar institutions provided for in Article VI of this chapter.
(10)
Public, private or quasi-public education and social institutions.
Elementary schools through secondary schools and institutions for
higher education, auditoriums, and other places for assembly, centers
for social activities, fraternities and sororities, child care centers,
group child care homes.
[Amended by Ord. No. 2014-07, 12-9-2014]
(11)
Camps for outdoor activities.
(12)
Sand or gravel pits, quarries, incinerators, junk yards, sanitary fills, public or semiprivate sewage treatment and disposal installations as provided for in Article VI of this chapter.
(13)
Cemeteries, public or private, when occupying a site of no less
than 20 acres; provided, that no building shall be closer than 50
feet from any property lines.
(14)
Airports.
(15)
Adult care centers and group adult care homes. Adult care centers
and group adult care homes, provided structures and sites meet all
current building, residential, fire and property maintenance codes
as adopted by the Township.
[Added by Ord. No. 2014-07, 12-9-2014]
(d)
Dimensional requirements. The following minimum dimensions for lot
area and width, front, side, and rear yards, together with maximum
dimensions for lot coverage and building heights, shall be required
for every structure and land use in this district, except as noted.
(1)
Minimum lot area. No lot shall hereafter be subdivided to provide less than 40,000 square feet of lot area. Attention is directed to supplementary area regulations Article V, Division 3 of this chapter for permitted exceptions to lot area.
(2)
Minimum lot width: 200 feet.
(3)
Maximum lot coverage. All buildings, including accessory buildings,
shall not cover more than 20% of the lot area.
(4)
Minimum yard dimensions.
a.
Front yard. In accordance with the setback requirements of § 86-367 for the type of street upon which the lot fronts.
b.
Side yard: 20 feet.
c.
Rear yard: 35 feet.
d.
Corner lots. A front yard shall be maintained on each street side of a comer lot. Setbacks shall be equal to those required in § 86-367 for the type of streets upon which the lot has frontage and all regulations applicable to front yards shall apply.
e.
Through and reverse frontage lots. Principal buildings shall be located in accordance with the front yard setback requirements of § 86-367 for the type of streets upon which the through or reverse frontage lot abuts. Access to residential sites shall be located on the street with the lowest functional classification as illustrated in § 86-367. All regulations applicable to front yards shall apply except freestanding accessory buildings or structures, such as decks, garages, sheds, swimming pools, and tennis courts, proposed for reverse frontage lots shall be located no closer than 30 feet from the right-of-way of the designated rear yards.
(5)
Supplementary yard regulations. For permitted exceptions in yard dimensions, for permitted yard encroachments, and for placement of accessory building in yard area, refer to Article V, Division 4 of this chapter.
(6)
Maximum building height. Two-and-one-half stories, but not exceeding 35 feet. For permitted exceptions to residential building heights refer to Article V, Division 5 of this chapter.[1]
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State law reference: State-mandated residential
uses, MCL 125.286g.
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[1]
Editor's Note: Former Subsection (f)(7), Minimum living space,
which immediately followed this subsection, was repealed 11-9-2023 by Ord. No. 2023-05.
[1]
Editor's Note: Former Section 86-369, RRR District: One-Family
Rural Residential Low-Density District, enacted as Code 1974, § 82-18,
was repealed 5-17-2022 by Ord. No. 2022-07.
[1]
Editor's Note: Former Section 86-370, RRA District: One-Family
Suburban Estate Residential District, enacted as Code 1974, § 82-2.5,
was repealed 12-6-2022 by Ord. No. 2022-14.
[Code 1974, §§ 82-3.1—82-3.4]
(a)
Purpose. The purpose of the RAAA district is to achieve the same
character, stability, and sound residential environment as intended
for the one-family rural residential district (RR). The difference
between RR and RAAA districts is that a higher density of population
will be permitted through the construction and occupancy of one-family
dwelling structures on smaller lot areas. There is no intent to promote
by these regulations a residential district of lower quality than
the RR one-family rural residential district. This section applies
to the RAAA district.
[Amended 12-6-2022 by Ord. No. 2022-14]
(b)
Uses permitted by right. All uses permitted by right in the RR district
subject to all the restrictions specified therein are also permitted
in the RAAA district, with the exception of private noncommercial
kennels.
(c)
Uses permitted by special use permit. All uses permitted by special
use permit in the RR district subject to all restrictions specified
therein are permitted by special use permit in the RAAA district,
except the following uses are not permitted:
(1)
Public riding stables and livestock auction yards.
(2)
Greenhouses and nurseries selling at retail on the premises.
(3)
Veterinary hospitals, clinic, or kennels, including commercial
kennels and private noncommercial kennels.
(4)
Game or hunting preserves operated for profit.
(5)
Sand or gravel pits, quarries, incinerators, junk yards, sanitary fills, public or semiprivate sewage treatment and disposal installations, as provided for in Article VI of this chapter.
(6)
Airports.
(d)
Dimensional requirements. The following minimum dimensions for lot
area and width, front, side, and rear yards, together with maximum
dimensions for lot coverage and building heights, shall be required
for every structure and land use in this district, except as noted:
(1)
Minimum lot area: 20,000 square feet.
(2)
Minimum interior lot width: 100 feet.
(3)
Minimum corner lot width: 110 feet along street upon which lot
fronts.
(4)
Maximum lot coverage. All buildings, including accessory buildings,
shall not cover more than 30% of the total lot area.
(5)
Minimum yard dimensions.
a.
Front yards. In accordance with the setback requirements of § 86-367 for the type of street upon which the lot fronts.
b.
Side yards: 10 feet.
c.
Rear yards. For lots up to 150 feet in depth, the rear yard
shall not be less than 30 feet in depth; if over 150 feet in depth,
the rear yard shall not be less than 40 feet in depth.
d.
Corner lots. A front yard shall be maintained on each street side of a corner lot. Setbacks shall be equal to those required in § 86-367 for the type of streets upon which the lot has frontage and all regulations applicable to front yards shall apply.
e.
Through and reverse frontage lots. Principal building shall be located in accordance with the front yard setback requirements of § 86-367 for the type of streets upon which the through or reverse frontage lot abuts. Access to residential sites shall be located on the street with the lowest functional classification as illustrated in § 86-367. All regulations applicable to front yards shall apply, except freestanding accessory buildings or structures, such as decks, garages, sheds, swimming pools, and tennis courts, proposed for reverse frontage lots shall be located no closer than 30 feet from the right-of-way of the designated rear yard.
(6)
Supplementary yard regulations. For permitted reductions in yard dimensions, for permitted yard encroachments, and for placement of accessory buildings in yard area, refer to Article V, Division 4 of this chapter.
(7)
Maximum building height. No residential structure shall exceed 2 1/2 stories or 35 feet, whichever is less. Accessory buildings shall not exceed a height of 15 feet on any residential lot. For permitted exceptions to residential building heights, refer to Article V, Division 5 of this chapter. For building height limitations for nonresidential structures in residential district, refer to § 86-654.[1]
|
State law reference: State-mandated residential
uses, MCL 125.286g.
|
[1]
Editor's Note: Former Subsection (d)(8), Minimum living space,
which immediately followed this subsection, was repealed 11-9-2023 by Ord. No. 2023-05.
[Code 1974, § 82-3.5]
(a)
Purpose. The purpose of the RAA district is to achieve the same character,
stability, and sound residential environment as intended for the one-family
rural residential districts (RR). The difference between RR and RAA
districts is that a higher density of population will be permitted
through the construction and occupancy of one-family dwelling structures
on smaller lot areas. There is no intent to promote by these regulations
a residential district of lower quality than the RR one-family rural
residential districts. This section applies to the RAA district.
(b)
Uses permitted by right. All uses permitted by right in the RR district
subject to all the restrictions specified therefor.
(c)
Uses permitted by special use permit. All uses permitted by special
use permit in the RR district subject to all restrictions specified
therefor, except the following uses are not permitted:
(d)
Dimensional requirements. The following minimum dimensions for lot
area and width, front, side, and rear yards, together with maximum
dimensions for lot coverage and building heights, shall be required
for every structure and land use in this district, except as noted:
(1)
Minimum lot area: 13,500 square feet. Interior lot area requirements may be reduced for no more than 25% of the lots in any one subdivision plat, provided lots so reduced are no less than 12,000 square feet in area, and provided the interior lot area of the subdivision plat averages 13,500 square feet. Attention is directed to supplementary area regulations, Article V of this chapter, for other permitted exceptions to lot area.
(2)
Minimum interior lot width: 90 feet. Interior lot widths may
be reduced for no more than 25% of the lots in any one subdivision
plat, provided lots so reduced are no less than 80 feet in width and
provided the interior lot width of the subdivision plat averages 90
feet in width and provided no more than two adjacent lots shall be
less than 90 feet in width.
(3)
Minimum corner lot width: 100 feet along the street upon which
the lot fronts.
(4)
Maximum lot coverage. All buildings, including accessory buildings,
shall not cover more than 30% of the total lot area.
(5)
Minimum yard dimensions.
a.
Front yards. In accordance with the setback requirements of § 86-367 for the type of street upon which the lot fronts.
b.
Side yards: 10 feet.
c.
Rear yards. For lots up to 150 feet in depth, the rear yard
shall not be less than 30 feet in depth; for lots over 150 feet in
depth the rear yard shall not be less than 40 feet in depth.
d.
Corner lots. A front yard shall be maintained on each street side of a corner lot. Setbacks shall be equal to those required in § 86-367 for the type of streets upon which the lot has frontage and all regulations applicable to front yards shall apply.
e.
Through and reverse frontage lots. Principal buildings shall be located in accordance with the front yard setback requirements of § 86-367 for the type of streets upon which the through or reverse frontage lot abuts. Access to residential sites shall be located on the street with the lowest functional classification as illustrated in § 86-367. All regulations applicable to front yards shall apply except freestanding accessory buildings or structures, such as decks, garages, sheds, swimming pools, and tennis courts, proposed for reverse frontage lots shall be located no closer than 30 feet from the right-of-way of the designated rear yard.
(6)
Supplementary yard regulations. For permitted reductions in yard dimensions, for permitted yard encroachments, and for placement of accessory buildings in yard area, refer to Article V, Division 4 of this chapter.
(7)
Maximum building height. No residential structure shall exceed 2 1/2 stories or 35 feet. Accessory buildings shall not exceed a height of 15 feet on any residential lot. For permitted exceptions to residential building heights, refer to Article V, Division 5 of this chapter, supplementary height regulations. For building height limitations for nonresidential structures in residential districts, refer to § 86-654.[1]
|
State law reference: State-mandated residential
uses, MCL 125.286g.
|
[1]
Editor's Note: Former Subsection (d)(8), Minimum living space,
which immediately followed this subsection, was repealed 11-9-2023 by Ord. No. 2023-05.
[Code 1974, § 82-4]
(a)
Purpose. The purpose of the RA district is to achieve the same character,
stability, and sound residential environment as intended for the one-family
rural residential district (RR) and one-family low density residential
district (RAA). The difference between RR, RAA, and RA districts is
that a higher density of population will be permitted through the
construction and occupancy of one-family dwelling structures on smaller
lot areas with public sanitary sewer facilities. There is no intent
to promote by these regulations a residential district of lower quality
than in the RR district. This section applies to the RA district.
(b)
Uses permitted by right. All uses permitted by right in the RR district,
subject to all the restrictions specified therefor.
(c)
Uses permitted by special use permit. Except as specified, all uses
permitted by special use permit in the RR district are subject to
all the restrictions specified therefor.
(d)
(e)
Dimensional requirements. The following dimensions for lot area and
width, front, side, and rear yards, together with maximum dimensions
for lot coverage and building heights, shall be required for every
structure and land use in this district, except as noted:
(1)
Minimum lot area: 10,000 square feet. Interior lot area requirements may be reduced for no more than 25% of the lots in any one subdivision plat, provided lots so reduced are not less than 9,000 square feet in area and provided the interior lot area of the subdivision plat averages 10,000 square feet. Attention is directed to supplementary regulations, Article V, Division 3 of this chapter for other permitted exceptions to lot area.
(2)
Minimum interior lot width: 80 feet. Interior lot widths may
be reduced for no more than 25% of the lots in any one subdivision
plat, provided lots so reduced are no less than 70 feet in width,
the interior lot width of the subdivision plat averages 80 feet in
width, and no more than two adjacent lots shall be less than 80 feet
in width.
(3)
Minimum corner lot width: 90 feet along street upon which lot
fronts.
(4)
Maximum lot coverage. All buildings including accessory buildings
shall not cover more than 30% of the total lot area.
(5)
Minimum yard dimensions.
a.
Front yards. In accordance with the setback requirements of § 86-367 for the type of street upon which the lot fronts.
b.
Side yards: 10 feet.
c.
Rear yards. For lots up to 150 feet in depth, the rear yard
shall not be less than 30 feet in depth. For lots over 150 feet in
depth, the rear yard shall not be less than 40 feet in depth.
d.
Corner lots. A front yard shall be maintained on each street side of a corner lot. Setbacks shall be equal to those required in § 86-367 for the type of streets upon which the lot has frontage and all regulations applicable to front yards shall apply.
e.
Through and reverse frontage lots. Principal buildings shall be located in accordance with the front yard setback requirements of § 86-367 for the type of streets upon which the through or reverse frontage lot abuts. Access to residential sites shall be located on the street with the lowest functional classification as illustrated in § 86-367. All regulations applicable to front yards shall apply, except freestanding accessory buildings or structures, such as decks, garages, sheds, swimming pools, and tennis courts, proposed for reverse frontage lots shall be located no closer than 30 feet from the right-of-way of the designated rear yard.
(6)
Supplementary yard regulations. For permitted reductions in yard dimensions, for permitted encroachments, and for placement of accessory buildings in yard area, refer to Article V, Division 4 of this chapter.
(7)
Maximum building heights. No residential structure shall exceed 2 1/2 stories or 35 feet. Accessory buildings shall not exceed a height of 15 feet on any residential lot. For permitted exceptions to residential building heights refer to Article V, Division 5 of this chapter. For building height limitations for nonresidential structures in residential districts, refer to § 86-654.[1]
|
State law reference: State-mandated residential
uses, MCL 125.286g.
|
[1]
Editor's Note: Former Subsection (e)(8), Minimum living space,
which immediately followed this subsection, was repealed 11-9-2023 by Ord. No. 2023-05.
[Code 1974, § 82-5]
(a)
Purpose. The purpose of the RB district is to achieve the same character,
stability, and sound residential environment as intended for the RR,
RAA, and RA residential districts. The difference between the three
previously mentioned and the RB district is that a higher density
of population will be permitted through the construction and occupancy
of one-family dwelling structures on smaller lot area. There is no
intent to promote by these regulations a residential district of lower
quality than in the RR, RAA, and RA districts. This section applies
to the RB district.
(b)
Uses permitted by right. All uses permitted by right in the RA district,
subject to all the restrictions specified therefor.
(c)
Uses permitted by special use permit. All uses permitted by special
use permit in the RA district subject to all the restrictions specified
therefor.
(d)
Dimensional requirements.
(1)
Minimum lot area: 8,000 square feet. No lot shall hereafter be subdivided to provide less than 8,000 square feet of lot area. Attention is directed to supplementary area regulations, Article V, Division 3 of this chapter, for permitted exceptions to lot area.
(2)
Minimum interior lot width: 65 feet. Interior lot widths may
be reduced for no more than 25% of the lots in any one subdivision
plat, provided lots so reduced are no less than 60 feet in width,
the interior lot width of the subdivision plat averages 65 feet in
width, and no more than two adjacent lots shall be less than 65 feet
in width.
(3)
Minimum corner lot width: 70 feet along the street upon which
the lot fronts.
(4)
Maximum lot coverage. All buildings, including accessory buildings,
shall not cover more than 35% of the total area.
(5)
Minimum yard dimension.
a.
Front yards. In accordance with the setback requirements of § 86-367 for the type of street upon which the lot fronts.
b.
Side yards: seven feet.
c.
Rear yards. For lots up to 150 feet in depth, the rear yard
shall not be less than 30 feet in depth. For lots over 150 feet in
depth, the rear yard shall not be less than 40 feet in depth.
d.
Corner lots. A front yard shall be maintained on each street side of a corner lot. Setbacks shall be equal to those required in § 86-367 for the type of streets upon which the lot has frontage and all regulations applicable to front yards shall apply.
e.
Through and reverse frontage lots. Principal buildings shall be located in accordance with the front yard setback requirements of § 86-367 for the type of streets upon which the through or reverse frontage lot abuts. Access to residential sites shall be located on the street with the lowest functional classification as illustrated in § 86-367. All regulations applicable to front yards shall apply, except freestanding accessory buildings or structures, such as decks, garages, sheds, swimming pools, and tennis courts, proposed for reverse frontage lots shall be located no closer than 30 feet from the right-of-way of the designated rear yard.
(6)
Supplementary yard regulations. For permitted reductions in yard dimensions, for permitted yard encroachments, and for placement of accessory buildings in yard areas, refer to Article V, Division 4 of this chapter.
(7)
Maximum building height. No residential structure shall exceed 2 1/2 stories or 35 feet. Accessory buildings shall not exceed a height of 15 feet on any residential lot. For permitted exceptions to residential building heights, refer to Article V, Division 5 of this chapter. For building height limitations for nonresidential structures in residential districts refer to § 86-654.[1]
|
State law reference: State-mandated residential
uses, MCL 125.286g.
|
[1]
Editor's Note: Former Subsection (d)(8), Minimum living space,
which immediately followed this subsection, was repealed 11-9-2023 by Ord. No. 2023-05.
[Code 1974, § 82-6; Ord. No. 2002-05, 5-7-2002]
(a)
Purpose. The purpose of the RX district is to achieve the same character,
stability, and sound residential environment as intended for the RR,
RAA, RA, and RB residential districts. The difference between the
four previously mentioned districts and the RX district is that a
higher density of population will be permitted through the construction
and occupancy of single-family dwelling structures on smaller lot
area and that two-family dwelling structures will also be permitted.
There is no intent to promote by these regulations a residential district
of lower quality than in the RR, RAA, RA, or RB districts. This section
applies to the RX district.
(b)
Uses permitted by right. All uses permitted by right in the RB district,
subject to all the restrictions specified therefor, and two-family
residential dwelling structures (duplexes).
(c)
Uses permitted by special use permit. All uses permitted by special
use permit in the RB district subject to all the restrictions specified
therefor.
(d)
Dimensional requirements (duplexes).
(1)
Minimum lot area: 11,000 square feet. Interior lot area requirements may be reduced for no more than 25% of lots designated for duplex use in any one subdivision plat, provided lots so reduced are no less than 10,000 square feet in area and provided the interior lot area of all lots designated for duplex use in the subdivision plat averages 11,000 square feet. Exceptions provided for in Article V, Division 3 of this chapter, supplementary area regulations, may not be granted for the construction of two-family dwelling units.
(2)
Minimum interior lot width: 100 feet. Interior lot widths may
be reduced for no more than 25% of the lots in any one subdivision
plat designated for duplex use, provided the lots so reduced are no
less than 90 feet in width, provided the interior lot width of those
lots so designated for duplex use in the subdivision plat averages
100 feet in width, and provided no more than two such adjacent duplex
lots shall be less than 90 feet in width.
(3)
Minimum corner lot width: 110 feet along the street upon which
the lot fronts.
(4)
Maximum lot coverage. All buildings including accessory buildings,
shall not cover more than 30% of the total area.
(5)
Minimum yard dimensions.
a.
Front yards. In accordance with the setback requirements of § 86-367 for the type of street upon which the lot fronts.
b.
Side yards: 10 feet.
c.
Rear yards. For lots up to 150 feet in depth, the rear yard
shall not be less than 40 feet in depth. For lots over 150 feet in
depth, the rear yard shall not be less than 50 feet in depth.
d.
Corner lots. A front yard shall be maintained on each street side of a corner lot. Setbacks shall be equal to those required in § 86-367 for the type of streets upon which the lot has frontage and all regulations applicable to front yards shall apply.
e.
Through and reverse frontage lots. Principal buildings shall be located in accordance with the front yard setback requirements of § 86-367 for the type of streets upon which the through or reverse frontage lot abuts. Access to residential sites shall be located on the street with the lowest functional classification as illustrated in § 86-367. All regulations applicable to front yards shall apply, except freestanding accessory buildings or structures, such as decks, garages, sheds, swimming pools, and tennis courts, proposed for reverse frontage lots shall be located no closer than 30 feet from the right-of-way of the designated rear yard.
(6)
Supplementary yard regulations. For permitted reductions in yard dimensions, for permitted yard encroachments, and for placement of accessory buildings in yard area, refer to Article V, Division 5 of this chapter.
(7)
Maximum building heights. No residential structure shall exceed 2 1/2 stories or 35 feet. Accessory buildings shall not exceed a height of 15 feet on any residential lot. For permitted exceptions to residential building heights, refer to Article V, Division 5 of this chapter. For building height limitations for nonresidential structures in residential districts, refer to § 86-654.
(9)
Occupancy. No more than two unrelated individuals may occupy
each duplex living unit.
[Code 1974, § 82-7; amended by Ord. No. 2002-05, 5-7-2002; Ord. No. 2007-14, 11-25-2007; Ord. No. 2010-02, 2-28-2010; Ord. No. 2010-11, 8-22-2010; 5-5-2020 by Ord. No. 2020-05; 4-28-2023 by Ord. No. 2022-16; 11-9-2023 by Ord. No. 2023-05]
(a)
Purpose. The RDD, RD, RC, and RCC districts are intended to accommodate
multiple-family residential uses at a higher density than any single-family
district, but at no lower standards of quality. The primary purposes
of these districts are to accommodate multiple-family developments
of sustained desirability and stability that will be harmonious to
adjacent properties, to promote large parcel, single-owner developments
that allow an added degree of flexibility in the placement, bulk,
and interrelationship of the buildings and uses within a planned project
and adjacent areas, and to maintain the overall intensity of land
use, density of population, and required open space specified in this
section and in the Comprehensive Development Plan of the Township.
(1)
The primary distinction between these districts is density.
The RDD zone permits a maximum of five dwelling units per acre, the
RD zone permits a maximum of eight dwelling units per acre, the RC
zone permits a maximum of 14 dwelling units per acre, and the RCC
zone permits variable high density up to a maximum of 34 dwelling
units per acre. In addition, single-family detached dwellings are
permitted in the RDD, RD, RC, and RCC zoning districts.
(b)
Uses permitted by right.
(1)
Two-family dwellings in the RDD, RD, and RC districts, provided
that no more than two unrelated persons may occupy a dwelling unit
in these districts.
(2)
Group housing developments, including any single structure on
a single parcel of land containing three or more dwelling units.
(3)
Functional families as defined by this chapter.
(c)
Uses permitted by special use permit.
(1)
The following uses may be permitted by special use permit in
the RDD, RD, RC, and RCC districts, provided all requirements of this
chapter are met:
a.
Development containing a mix of single-family detached dwellings
and two-family dwellings; a mix of two-family dwellings and multiple-family
dwellings; or a mix of single-family detached dwellings, two-family
dwellings, and multiple-family dwellings. In any case the number of
single-family dwellings may not exceed more than 50% of the density
(dwelling units per acre) allowed for the proposed development.
b.
Community center when part of a housing project.
c.
Incidental commercial services for principal use of the development's
occupants, when in conjunction with a housing project containing at
least 200 units; provided that:
1.
Plans for any advertising signs or window displays shall be
submitted to the Planning Commission for approval;
2.
There shall be no direct access to the commercial service from
any exterior (off-site) road;
3.
The architectural appearance of the commercial service building,
if a separate structure, shall be harmonious with the appearance of
other structures in the development; and
4.
Commercial services shall be limited to the following:
(d)
Minimum design standards.
(2)
Minimum lot width: 100 feet.
(3)
Maximum lot coverage and open space required. All buildings,
including accessory buildings, shall not occupy more than 35% of the
net area of land included within the limits of the proposed project
or any stage in the development of the proposed project which may
receive approval under this chapter. A minimum of 35% of the total
land area of the project excluding drives and parking areas must be
set aside as open space. All land used for open space must be improved
for the use of all residents of the development. Open space may be
dedicated for public use. Such dedication may be required by the Planning
Commission if shown as public open space on the Master Plan.
(4)
Minimum yard dimensions.
a.
Front yard. No less than 25 feet for one- or two-story buildings,
with an additional one foot required for each additional one foot
the building exceeds 35 feet in height.
b.
Side yards.
1.
Single-family and two families shall not be less than 10 feet.
2.
Three families to 10 families shall not be less than 15 feet.
3.
Greater than 10 families shall not be less than 25 feet from
the property line for one- or two-story buildings, with an additional
foot required for each additional foot of height of the building over
35 feet.
c.
Rear yard. Building shall not be less than 40 feet from the
property line for one- or two-story buildings, with an additional
foot required for each additional foot of height of the building over
35 feet.
d.
Required setbacks. In addition to the foregoing, all buildings shall be located in accordance with the particular setback requirement of § 86-367.
e.
Distance from a single-family district boundary. No single-family,
two-family, or multiple-family building designed, erected, or used
for three or more families shall be located closer than 50 feet to
any single-family residential zone line, nor shall any accessory building
to a multiple structure containing three or more dwelling units be
located closer than 50 feet to any single-family residential zone
line. Where Commission studies indicate adjoining property will eventually
assume similar zoning as the property in question, the Commission
may waive the fifty-foot minimum.
f.
Distance between buildings.
1.
Minimum distance. Buildings with two or more dwelling units
shall be located no closer than 25 feet to any other building. Detached
single-family dwellings shall be located no closer than 10 feet from
any other building.
2.
Closed courts. No courts completely enclosed by building structure
shall be permitted; however, screen walls not exceeding six feet in
height are permitted to enclose what would otherwise be open court.
All dimensional requirements for open courts shall apply to such enclosed
courts.
3.
Open courts.
i.
Projecting wings of a building that form a court, enclosed on
three sides, shall conform to the following when the court face of
either wing contains windows from a living room, bedroom, or dining
room:
A.
The minimum distance between wings shall be 50 feet for one-story
buildings. For any additional stories added to either wing, the distance
shall be increased five feet for each additional story added to either
wing.
B.
The maximum distance that a wing can project from the face of a building
shall be 1 1/2 times the horizontal distance between wings.
ii.
Projecting wings of a building that form a court
enclosed on three sides shall conform to the following when neither
court face of the wings contains a window from a living room, bedroom,
or dining room:
A.
The minimum distance between wings shall be 25 feet for one-story
buildings. For any additional stories added to either wing, the distance
shall be increased five feet for each additional story added to either
wing.
B.
The maximum distance a wing can project from the face of a building
shall be 1 1/2 times the horizontal distance between wings.
4.
Other yard dimensions.
i.
Any single-family detached dwelling, two-family dwelling, or
multiple-family structure containing three or more units shall not
be located closer than 20 feet to any street, access road, driveway,
or parking area.
ii.
Any single building or connected building may not
exceed 200 feet in any one dimension. All buildings shall be so arranged
as to permit emergency vehicle access, by some practical means, to
all sides.
(5)
Single-family detached dwellings shall be constructed in accordance with the standards established in Section 86-368(b)(1)a through l, unless otherwise superseded by provisions of this section.
(6)
Maximum building height. Maximum building height shall not exceed
2 1/2 stories or 35 feet, except as noted below. No space below
grade level shall be used for dwelling purposes except as follows:
a.
When the finished floor grade of the space below grade level
is no more than four feet below finished outside ground level at any
point on the property of that part of the structure enclosing the
below-grade dwelling space.
b.
On sloping sites when the finished floor grade of the space
below grade level is finished outside ground level for at least the
length of one wall. In the same instance, such dwelling space have
either adequate through- or cross-ventilation.
c.
Building height may be increased to a maximum of 70 feet in
the RC zone and 12 stories in the RCC zone, provided that:
1.
The building in question is part of a group housing plan and
receives Planning Commission approval.
2.
All yard requirements, except distance to parking areas or street,
must be increased by one foot for every two feet of building height
in excess of 25 feet.
3.
No structure in excess of 25 feet in height shall be placed
closer to any property line than a distance equal to 1 1/2 times
the height of the building, or 50 feet, whichever is greater.
4.
Any proposed building in the RCC zone which is to exceed 70
feet in height must be approved by the Township Engineer and Fire
and Building Departments for fire protection and water service prior
to issuance of a special use permit.
(7)
Signs. Signs shall be installed in accordance with those requirements specified in Article VII of this chapter.
(8)
Parking requirements. For motor vehicle and bicycle parking requirements, refer to § 86-366 and Article VIII of this chapter. In addition, every multiple-family structure shall provide motor vehicle parking facilities which:
a.
Are appropriately spaced and divided by landscaped areas as
opposed to one continuous parking lot.
b.
Are screened by landscaping and physical structures and, where feasible,
depressed below eye level or enclosed.
c.
Are served by two points of access to public street when there
are 50 or more dwelling units in the project.
d.
Are served by access to a public street other than a local street
when there are 25 or more dwelling units in the project.
e.
Shall provide a minimum of 180 square feet in area for each
vehicle parking space, each space shall be definitely designated and
reserved for parking purposes, and each space shall be accessible
separately from a drive.
f.
May be allowed within or under any multiple-family structure;
however, carports or surface parking shall not be located closer than
20 feet to any multiple-family residential structure.
g.
Shall have no parking located farther than 150 feet from one
entrance to the multiple-family structure which it is intended to
serve.
h.
Shall have no commercial repair work, servicing, or selling
of any kind conducted on any parking area.
(9)
Storage of refuse. All refuse containers, including trash and
recycling containers, shall be enclosed on at least three sides by
a screening device approved by the Planning Director, subject to the
following provisions:
a.
For existing uses receiving a certificate of occupancy prior
to the effective date of this section, recycling containers shall
be placed adjacent to other refuse containers on-site. If the Planning
Director determines that it is not practical to place the container
adjacent to other refuse containers on the site, such containers may
be placed in parking areas, provided that the space used for the container
shall not occupy required parking spaces, and further provided that
recycling containers shall be enclosed on three sides by a screening
device approved by the Planning Director.
(10)
Landscaping required. Landscaping acceptable to the Planning
Commission shall be provided in open spaces, around buildings, and
within parking areas. No occupancy permit may be issued until landscaping
has been inspected and approved or a performance bond equal to the
estimated cost has been posted with the Township.
a.
A plan for control of soil erosion which meets the Township's
standards for soil erosion and sedimentation control shall be carried
out during the construction and completion of the project.
b.
When deemed necessary by the Planning Commission, in order to
protect surrounding properties, appropriate screening of plant materials,
wood, or brick, approved by the Planning Commission, may be required.
(11)
Density. The density (dwelling units per acre) in the RDD, RD,
RC, RN, and RCC zoned districts shall be in accordance with the table
below and the following stipulations:
a.
Maximum Density Table.
|
Zone
|
Maximum Density
(dwelling units per acre)
|
|---|---|
|
RDD
|
5
|
|
RD
|
8
|
|
RC
|
14
|
|
RN
|
14
|
|
RCC
|
34
|
b.
Those sites which contain wetlands and/or floodplains shall
be permitted a maximum number of units based on the following formula:
|
N = A x D x C
|
|
Where:
| ||||
|
N
|
=
|
Maximum number of units permitted.
| ||
|
A
|
=
|
Area of site outside the floodplain and wetland.
| ||
|
D
|
=
|
Allowable density from Maximum Density Table [Subsection (g)(12)a
above].
| ||
|
C
|
=
|
1+ percent of site in floodplain and wetland expressed as decimal.
| ||
|
For purposes of this chapter, wetland areas are those lands which meet the definition of a wetland set forth in § 30301 of the Natural Resources and Environmental Protection Act (MCL § 324.30301). For purposes of this chapter, floodplain areas are those lands which meet the definition contained in § 86-436(b).
|
|
State law reference: State-mandated residential
uses, MCL 125.286g.
|
[Code 1974, § 82-16]
(a)
Purpose.
(1)
The purpose of the RN district is to permit a mixture of single-family
and multiple-family residential dwellings within the area commonly
known as the Village of Nemoka area of Haslett. The Village of Nemoka
is characterized by a mixture of multiple-family and single-family
dwellings unlike other areas of the Township where differing land
uses have been segregated through the use of zoning. It is not the
intent of this section to discourage either of the prominent land
uses in the Village of Nemoka but to promote the unique character
of the mixed land uses currently found in the Village. In the RN district
both single-family dwelling units and multiple-family dwelling units
at a maximum density of 14 units per acre, are permitted.
(2)
The district is to encompass those specific and unique land
use characteristics found only in the Village of Nemoka. Consequently,
the use of this district is limited exclusively to the Village of
Nemoka which is generally described as the area bounded on the north
by Lake Lansing Road, on the west by Marsh Road, on the cast by Lake
Lansing, and on the south by Haslett Road.
(3)
This section applies to the RN district.
(c)
Uses permitted by special use permit from the Planning Commission or Planning Director. All uses permitted in Subsection 86-376(c) subject to all the procedures and restrictions specified therefor.
(d)
Uses permitted by special use permit. All uses permitted in Subsection 86-376(d)(1) subject to all the restrictions specified therefor. In the RN district multiple-family dwellings may be developed at a maximum density of 14 dwelling units per acre.
(e)
Procedure for obtaining special use permits. The procedures set forth
in Subsection 86-376(e) shall be followed.
(f)
Duration and validity of permit. Special use permits granted in the RN district shall be subject to the provisions of Subsection 86-376(f) and all other provisions applicable to special use permits contained in Article VII of this chapter.
[Code 1974, § 86-11]
(a)
Purpose.
(1)
The purpose of the PRD district is to preserve natural features
and open space by allowing flexibility and alternative design standards
for single-family residential developments. While lot dimensions and
yard requirements may be reduced from that required in the underlying
zoning district, the overall number of dwelling units in the development
shall not exceed the number of dwelling units that could have been
developed under conventional subdivision development.
(2)
This district is intended to promote single-family development
that minimizes development impacts on important natural features and
the more economic provision of infrastructure. Minimum requirements
and performance standards are set forth to ensure the objectives of
this district are achieved.
(3)
This section applies to the PRD district.
(b)
Applicability; districts for which these regulations apply. The planned
residential development overlay district (PRD) may be applied as an
alternative to conventional zoning regulations in the RR, RAAA, RAA,
and RA single-family residential zoning districts. All requirements
and standards of the underlying zoning district or the district being
requested with a concurrent rezoning application shall also apply,
unless varied by the specific provisions of this section.
[Amended 12-6-2022 by Ord. No. 2022-14]
(c)
DEVELOPMENT PARCEL
IMPORTANT NATURAL FEATURES
OPEN SPACE
PRELIMINARY LOT LAYOUT
Definitions.
The tract, site, parcel of land, or property in its entirety
that is the subject of an application for a planned residential development
overlay district.
The naturally occurring characteristics of the land, including,
but not limited to, wetlands, woodlands, floodways, floodplains, water
bodies or waterways, identified groundwater recharge areas, slopes
greater than 12%, ravines, and habitats of threatened or endangered
species.
An area of land within the PRD development parcel essentially
unimproved, except for recreational facilities, which is conveyed
or dedicated to an entity approved by the Township Board and set aside
for the enjoyment of the residents of the development, their guests,
and/or the general public.
A map or plan showing the location of streets, location of
lots, lot dimensions and sizes, and drainage scheme.
(d)
General provisions and standards. The following are general provisions
and standards that apply to all PRD developments:
(1)
Minimum development parcel: five acres.
(2)
Permitted uses. All uses permitted by right in the underlying
district, if approved as part of the PRD application, except the following:
Private commercial kennels
Public educational institutions
(3)
Special uses. All special uses permitted in the underlying district,
if approved as part of the PRD application, except the following:
Airports
Cemeteries
Golf driving ranges or miniature golf courses
Greenhouses and nurseries selling retail on the premises
Institutions for human care
Livestock auction yards
Nonpublic, private, or quasipublic educational and social institutions
Religious institutions
Sand or gravel pits
Veterinary hospitals, clinics, or commercial kennels.
(4)
Method of determining number of dwelling units for the development
parcel. The maximum number of dwelling units that may be permitted
on any development parcel shall be derived in the following manner:
a.
The applicant shall prepare a preliminary lot layout, containing
information required by the Department of Community Planning and Development,
in conformance with the underlying zoning district in which the development
parcel is located or the district being requested with a concurrent
rezoning application, and in conformance with the comprehensive development
plan, the subdivision regulations, and the Township's Code of Ordinances,
without variances. The preliminary lot layout may show roads crossing
regulated wetlands at the narrowest points. The purpose for this requirement
is to determine the number of lots that could be located on the development
parcel using conventional development standards within the underlying
zoning district or the requested zoning district. The Department of
Community Planning and Development shall determine the maximum number
of dwelling units within 15 days of submittal of a preliminary lot
layout meeting the submittal requirements of the department. A fee
set forth in the adopted schedule of fees shall accompany the submittal.
b.
For purposes of determining the maximum number of dwelling units,
the Department of Community Planning and Development shall assume
public sanitary sewer in reviewing the preliminary lot layout, if
the applicant intends to request sanitary sewer service as part of
the PRD application. This does not obligate the Township to provide
sanitary sewer service to the property and the number of lots shown
in the preliminary lot layout shall be adjusted as necessary if on-site
septic systems are to be utilized.
c.
Once the preliminary lot layout is found by the Department of
Community Planning and Development to be in conformance with the governing
regulations, the total number of lots intended for residential units
shall become the maximum number of dwelling units permitted on the
development parcel under the PRD overlay zoning district.
(5)
Open space preservation:
a.
A minimum of 20% of the development parcel shall remain as open
space.
b.
The following areas shall not be counted toward the minimum
open space requirements:
[Amended 2-6-2018 by Ord.
No. 2018-02]
1.
Residential lots.
2.
Public or private rights-of-way.
3.
Driveways and parking areas.
4.
Buffer areas required by this section, unless contiguous and
integrated with other preserved open space.
5.
Floodways, floodplains, wetlands, or other water bodies or waterways,
unless they are part of a golf course.
6.
Public or private easements.
c.
The required amount of open space shall be preserved in perpetuity.
The preserved open space shall be deeded to the development's homeowners'
association, a land conservancy, the public or otherwise protected
in a manner acceptable to the Township. The form of all preservation
instruments shall be approved by the Township Attorney. The preserved
open space shall be shown and appropriately labeled on the plat approved
by the Township and recorded with the county register of deeds.
d.
Except as otherwise provided, a maximum of 50% of preserved
open space may be used for the provision of active recreational amenities
for the development's residents or public use, if designed to limit
adverse impacts on important natural features preserved in conformance
with the purposes of this district. As used in this section, a golf
course is considered a recreational amenity and does not include any
structures, appurtenances, driveways or parking areas. If the recreational
facility plan includes a golf course, a maximum of 75% of preserved
open space may be used for the provision of active recreational amenities
for the development's residents or public use, if designed to limit
adverse impacts on important natural features preserved in conformance
with the purposes of this district. Any recreational facility plan
shall be approved as part of the PRD application.
[Amended 2-6-2018 by Ord.
No. 2018-02]
(e)
Design standards. The following standards are intended to ensure
that the development is designed to preserve important natural features
and open space.
(1)
Buffering adjacent residential development. When the proposed
PRD is adjacent to land zoned with minimum lot sizes greater than
the average lot size approved for the PRD, a fifty-foot buffer area
shall be provided between the two parcels.
(2)
Applicable district regulations. All requirements of the corresponding
zoning district in the table below shall apply within the applicable
underlying zoning district:
[Amended 12-6-2022 by Ord. No. 2022-14]
|
Underlying Zoning
(square feet)
|
Applicable Regulations
(square feet)
|
|---|---|
|
RR—40,000
|
RAAA—20,000
|
|
RAAA—20,000
|
RA—10,000
|
|
RAA—13,500
|
RB—8,000
|
|
RA—10,000
|
RB—8,000
|
(3)
Preservation of natural features; configuration of open space.
a.
Disturbance of important natural features, as defined herein,
shall be avoided.
b.
To the greatest extent possible, natural features and open spaces
preserved shall remain contiguous to promote wildlife habitat.
c.
To the greatest extent possible, natural features and open spaces
preserved shall also be contiguous with those open spaces that occur
on adjacent land.
d.
To the greatest extent possible, scenic vistas from arterial
streets shall be preserved and subdivision design shall incorporate
buffering of lots closest to any arterial street.
(f)
Application for PRD overlay zoning; submission of sketch plan. Any person wishing to obtain PRD overlay zoning shall submit an application and fee to rezone the development parcel PRD overlay. The application shall be submitted and reviewed in accordance with Article II, Division 2 of this chapter. In addition to these requirements, a sketch plan shall be prepared in the following manner and 18 copies submitted with the application:
(1)
The total number of dwelling units shall not exceed the number
determined in subsection (d)(4) of this section.
(2)
Existing conditions and characteristics of the development parcel
and those lands within 500 feet of the site shall be shown on the
plan. Conditions and characteristics include, but are not limited
to, wetlands, woodlands, lakes, streams, rivers, drainageways, ponds,
slopes, ravines, floodplains, and agricultural fields.
(3)
General layout and size of streets, blocks, and lots shall be
shown on the plan.
(4)
The location and size of areas designated for open spaces and
recreation areas in conformance with subsection (e)(3) of this section
shall be shown on the plan.
(g)
Review of sketch plan by Planning Commission and Township Board. The Planning Commission and Township Board shall review and approve, conditionally approve, or deny the sketch plan concurrently with the application to rezone the development parcel to PRD overlay. The sketch plan shall conform to the general provisions and standards in subsection (d) of this section and design standards in subsection (e) of this section.
(h)
Submission of preliminary plat; review procedure. Once the application
for PRD overlay zoning and the sketch plan have been approved by the
Township Board, the applicant shall prepare a preliminary plat in
general conformance with the approved sketch plan, subdivision regulations,
and the requirements in this section. The preliminary plat shall be
reviewed in accordance with the subdivision regulations.
(i)
Submission of final plat; review procedure. Once the preliminary
plat has been approved or approved with conditions, the applicant
shall prepare and submit a final plat in accordance with the standards
and requirements set forth in the subdivision regulations. The final
plat shall be reviewed in accordance with the subdivision regulations.
|
State law reference: Planned unit development,
MCL 125.286c, 125.286d.
|
