The one-family residential districts established by this article are designed to provide for one-family dwelling sites and residentially related uses in keeping with the master plan of residential development in the city. In addition, the preservation of natural terrain and wooded areas is reflected in the controls set forth in this article.

(Ord. No. 96-5, art. IV, preamble, 3-5-1996)

In a one-family residential district (R-1 and R-2), 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 article:

(1)

One-family detached dwellings.

(2)

State-licensed residential facilities, which would include adult foster care family homes, foster family homes and foster family group homes, as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206).

(3)

Farms.

(4)

Publicly owned and operated libraries, parks, parkways and recreational facilities.

(5)

Cemeteries.

(6)

Public, parochial and other private elementary schools offering courses in general education and not operated for profit.

(7)

Home occupation in compliance with section 204 of Public Act No. 110 of 2006 (MCL 125.3204) and the following provisions:

a.

Home occupation shall not be permitted if said home occupation:

1.

Changes the outside appearance of the residential character of the dwelling;

2.

Occupies more than 25 percent of the ground floor area or basement of the dwelling;

3.

Requires the employment of anyone in the home or as a contract employee other than the dwelling occupants;

4.

Generates excessive traffic, parking, sewage, or water use;

5.

Requires parking for customers that cannot be accommodated on the site and/or not exceeding one parking space at curbside in the street;

6.

Creates noise, vibration, glare, fumes, odors, or results in electrical interference, or becomes a nuisance;

7.

Results in outside storage or display of anything, including signs;

8.

Requires the delivery of goods or the visit of customers before 6:00 a.m. or after 8:00 p.m.

b.

The following are permitted home occupations provided they do not violate the provisions of subsection (7)a of this section.

1.

Dressmaking, sewing, and tailoring;

2.

Laundering and ironing.

3.

Home crafts, such as model making, rug weaving, and lapidary work;

4.

Painting, sculpturing, or writing;

5.

Telephone answering;

6.

Computer application; not including sale of computers;

7.

Salesperson office or home office of a professional person;

8.

Tutoring, music, or dance teaching, limited to four students at a time;

9.

Repair of clocks, instruments, or other small appliances which do not create a nuisance due to noise, vibration, glare, fumes, odors or results in electrical interference;

10.

Child care family home.

c.

The following are not permitted as home occupations:

1.

Private clubs;

2.

Repair shops which create a nuisance due to noise, vibration, glare, fumes, odors or electrical interference;

3.

Restaurants;

4.

Stables or kennels;

5.

Vehicle repair or paint shops.

d.

Any proposed home occupation not referenced in subsections (7)b and c of this section may be permitted subject to the conditions set forth in subsection (7)a and subject to further review and approval by the planning commission pursuant to the procedure set forth in section 50-82.

e.

Home occupation permits shall be limited to applicants who legally reside in the residence.

(8)

The mooring of no more than three boats on vacant residential lots between the dates of April 1 and November 1.

(9)

Accessory building and uses, customarily incident to any of the above uses, provided such buildings and uses are located on the same zoning lot as a permitted use.

(Ord. No. 96-5, § 400, 3-5-1996)

The following uses shall be permitted after a public hearing held in accordance with section 50-546 by the planning commission if the commission, upon review of the plans, finds that the plans meet the conditions herein required, together with such other conditions as may be imposed to carry out the purposes of this article, subject to the conditions hereinafter imposed for each use:

(1)

Utility and public service buildings and uses (without storage yards) when operating requirements necessitate the locating of such facilities within the district in order to serve the immediate vicinity. Further, no building and/or structure shall be located in any required front or side yard.

(2)

Private recreational areas and institutional recreation centers when not operated for profit, nonprofit swimming pool clubs, all subject to the following conditions:

a.

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 (see major thoroughfare plan, and the site shall be so planned as to provide ingress and egress directly onto such major thoroughfare.

b.

Front, side, and rear yards shall be at least 75 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.

c.

Buildings erected on the premises shall not exceed one story or 14 feet in height.

d.

Whenever a swimming pool is constructed under this article, the pool area shall be provided with a protective fence six feet in height, and entry shall be provided by means of a controlled gate or turnstyle.

e.

Off-street parking shall be provided so as to accommodate at least one-fourth of the member families and/or individual members. Bylaws of the organization shall be provided to the planning commission in order to establish the membership involved in computing parking requirements.

f.

All storm and sanitary sewer plans shall be provided and shall be reviewed and approved by the city engineer prior to issuance of a building permit.

g.

The off-street parking and general site layout and its relationship to all adjacent lot lines shall be reviewed by the planning commission, which may impose any reasonable restrictions or requirements so as to ensure that contiguous residential areas will be adequately protected.

(3)

State-licensed child care centers for children subject to the following conditions:

a.

Such facility shall have received a state license to operate prior to seeking a special use permit under this article.

b.

Not less than 400 square feet of outdoor play area per child, as authorized by the license issued to the applicant by the department of children and family services allowed to occupy such home, shall be provided on the site.

c.

Screening and fencing of outdoor play area shall be provided as required by the planning commission.

d.

Parking shall be provided to allow for direct drop-off and pick-up of children without requiring children to cross public streets.

(4)

State-licensed group child care home all in accordance with Public Act No. 116 of 1973 (MCL 722.111 et seq.) for not more than 12 children for care during the day subject to the following:

a.

Location is not closer than 1,500 feet to any of the following:

1.

Another licensed group child care home.

2.

Another adult foster care small group home or large group home licensed under the adult foster care facility licensing act, Public Act No. 218 of 1979 (MCL 400.701 et seq.).

3.

A facility offering substance abuse treatment and rehabilitation service to seven or more people licensed under article 6 of the Public Health Code.

4.

A community correction center, resident home, halfway house, or other similar facility which houses an inmate population under the jurisdiction of the department of corrections.

b.

Has appropriate fencing for the safety of the children in the group child care home as determined by the city.

c.

Maintains the property consistent with the visible characteristics of the neighborhood.

d.

Does not exceed 16 hours of operation during a 24-hour period. The city may limit the operation of group child care home between the hours of 10:00 p.m. and 6:00 a.m.

e.

Off-street parking for not less than two cars in addition to requirements for the dwelling unit shall be provided.

(5)

Adult foster care facilities, as defined by section 3 of Public Act No. 218 of 1979 (MCL 400.703(4) as provided for by said act and to the extent exempted from local regulation by section 33 of Public Act No. 218 of 1979 (MCL 400.733) thereof and by section 206 of Public Act No. 110 of 2006 (MCL 125.3206).

(6)

College, universities and other such institutions of higher learning, public and private, offering courses in general, technical or religious education and not operated for profit, all subject to the following conditions:

a.

Any use permitted 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.

b.

All ingress to and egress from such site shall be directly onto a major thoroughfare.

c.

No building other than a structure for residential purposes shall be closer than 75 feet to any property line.

(7)

Churches and other facilities normally incidental thereto, subject to the following conditions:

a.

The principal buildings on the site shall be set back from abutting properties zoned for residential use not less than 15 feet.

b.

Buildings of greater than the maximum height allowed in article XIV of this chapter may be allowed, provided front, side and rear yards are increased above the minimum requirements by one foot for each foot of building that exceeds the maximum height allowed.

(8)

Municipal buildings and structures when in character with the neighborhood.

(9)

Bed and breakfast dwelling, provided the following conditions are met:

a.

Such dwellings shall be located only on state trunkline routes.

b.

The establishment shall be located within a residence which is the principal dwelling unit on the property and such dwelling shall be the principal residence of the establishment operator.

c.

Not more than 25 percent of the total floor area of the dwelling unit shall be used for bed and breakfast sleeping rooms.

d.

There shall be no separate cooking facilities used for the bed and breakfast sleeping rooms.

e.

A sign not exceeding six square feet in area for each side of such sign may be permitted as a freestanding sign, provided the following conditions are met:

1.

Such sign shall not exceed five feet in height.

2.

Such sign shall not be illuminated.

3.

A setback of not less than ten feet shall be maintained from the front property line.

4.

The location of such sign shall be such that traffic and pedestrian safety will not be impaired.

5.

Such sign shall receive the review and approval of the planning commission to assure its compatibility with the residential character of the area.

(10)

Functional equivalent family; additional persons. The limit upon the number of persons who may reside as functional equivalent of the domestic family may be increased or enlarged upon demonstration by the applicant of all the following:

a.

There are adequate provisions on the subject property for off-street parking for each adult proposed to reside on the premises, and adequate storage for each person proposed to reside on premises.

b.

The extent of increase or enlargement of the limit upon the number of persons shall not, when considered cumulatively with existing and reasonably projected population concentration in the area, place an unreasonable burden upon public services, facilities and/or schools.

c.

There shall be a minimum of 150 square feet of useable floor space per person on the premises.

d.

If the city grants an application under this provision, the determination shall include the specific maximum number of persons authorized to reside on the property, and minimum parking or storage requirements to be maintained.

(11)

Reasonable accommodation use. This use is intended to authorize and grant relief from the strict terms of this chapter in order to provide equal housing opportunities particularly suited to the needs of persons entitled to reasonable accommodation under law and to encourage innovation in land use and variety in design and layout. In the event state and federal law (e.g., The Federal Fair Housing Amendment Act of 1988) requires the city to make reasonable accommodation for a particular proposed use of property, the following shall apply:

a.

As a condition to approval of a reasonable accommodation use, the applicant must comply with all the terms of this section, and must demonstrate all of the following:

1.

The ultimate residential uses or users of the property shall be persons for whom the state or federal law mandates the city shall make reasonable accommodations in connections with proposed uses of land.

2.

Taking into consideration the needs, facts, and circumstances which exist through the community, and within the population to be served by the use, including financial and other conditions, making the proposed reasonable accommodation shall be necessary to afford such persons equal opportunity to the proposed use and enjoyment within the community.

3.

Approval of the proposed housing shall not require nor will likely result in a fundamental alteration in the nature of the land use district and neighborhood in which the property is situated, considering cumulative impact of one or more other uses and activities in, or likely to be in the area, and shall not impose an undue financial or administrative burden. The interest of the community shall be balanced against the need for accommodation on a case-by-case basis.

4.

No other specific provision exists and is available to provide the relief sought.

b.

The application for a reasonable accommodation use shall include the following:

1.

A plan drawn to scale showing the proposed use and development.

2.

A separate document providing a summary of the basis on which the applicant asserts entitlement to approval of a reasonable accommodation use, covering each of the requirements of subsection (11)a.1 through 4 of this section.

3.

The information required for site plan review, provided, upon showing by the applicant that the inclusion of specified information generally required for site plan review would be irrelevant, the city may waive the requirement to include such material in the application.

4.

All regulations and standards for buildings, structures and site improvements within the district in which the property is situated shall apply.

5.

Accessory buildings and uses customarily incident to any of the above permitted uses, provided such buildings and uses are located on the same zoning lot as a permitted use.

(Ord. No. 96-5, § 401, 3-5-1996; Ord. No. 2006-02, 9-5-2006)

(a)

See article XIV of this chapter, schedule of regulations, limiting the height and bulk of buildings, the minimum size of lot by permitted land use, the maximum density permitted and providing minimum yard setback requirements.

(b)

All dwelling units shall be reviewed by the building inspector subject to the following conditions:

(1)

Dwelling units shall conform to all applicable city codes and ordinances. Any such local requirements are not intended to abridge applicable state or federal requirements with respect to the construction of the dwelling.

(2)

Dwelling units shall be permanently attached to a perimeter foundation. In instances where the applicant elects to set the dwelling on piers or other acceptable foundations which are not at the perimeter of the dwelling, then a perimeter wall shall also be constructed. Any such perimeter wall shall be constructed of durable materials and shall also meet all local requirements with respect to materials, construction and necessary foundations below the frost line. Any such wall shall also provide an appearance which is compatible with dwelling and other homes in the area.

(3)

Dwelling units shall be provided with exterior finish materials similar to the dwelling units on adjacent properties or in the surrounding residential neighborhood.

(4)

Dwelling units shall be provided with roof designs and roofing materials similar to the dwelling units on adjacent properties or in the surrounding residential neighborhood.

(5)

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 dwelling units on adjacent properties or in the surrounding residential neighborhood.

(6)

The dwelling shall contain storage capability in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or 100 square feet, whichever shall be less.

(7)

The building inspector may request a review by the planning commission of any dwelling unit with respect to subsections (b)(3) through (5) of this section. The building inspector or planning commission 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 value of surrounding residential uses and the city at large. In reviewing any such proposed dwelling unit, the building inspector 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. When comparing the proposed dwelling unit to similar types of dwelling areas, consideration shall be given to comparable types of homes within 300 feet. If the area within 300 feet does not contain any such homes, then the nearest 25 similar dwellings shall be considered.

(Ord. No. 96-5, § 402, 3-5-1996; Ord. of 9-15-2006)