The high-density residential district is intended to acknowledge those areas within the township wherein exist the most densely populated residential neighborhoods as well as diversified commercial and service businesses. This district will enhance the "community focal point" quality of these areas and is intended to foster full utilization of all buildings and spaces within them. By maintaining sectors of the township for higher intensity usage, the full range of public facilities, e.g., sewer, water, police and fire protection, can generally be focused within a limited area of extent. By optimization of in-place facilities and services the fiscal burden of expanding such elements can be reduced.

Commentary. The high-density residential district represents those properties in the so-called "Village or Park Lake" areas of Bath Charter Township that, due to past development decisions, or in specific, past zoning district changes, presently contain either commercial businesses or a business zoning category. The H district is to be surrounded by supporting residential neighborhoods with some measure of population base. Scattered zoning configurations will be combined to add to the cohesiveness of the zoning map and this particular district. Again, the use of performance criteria will be employed to minimize or buffer any negative factors where unlike land uses are located in close proximity to each other.

In the high-density residential district, no building or land shall be used, and no building erected except for one or more of the following specified uses, unless otherwise provided in this ordinance. Performance criteria in excess of those regulations governing yards, lot size and the like, may be specified for certain uses. Such provisions are cross-referenced to other provisions herein.

A.

Single-family detached dwellings.

B.

Performance subdivision; see section 14.06.

C.

Two-family dwellings (duplexes); see section 14.06.

D.

Multi-family dwellings (apartments) of eight or fewer total units, regardless of the number of units per building.

E.

Religious institutions including churches, convents, parsonages, and other housing for religious personnel; see section 14.06.

F.

Educational institutions including public or private elementary and secondary schools, nursery schools and day care centers; see section 14.06.

G.

Public or private recreational facilities of a non-commercial nature, including parks, playgrounds, camps, parkways, and similar recreational facilities; see section 14.06.

H.

Public buildings and public service installations including municipal, administrative, or public service buildings, utility and public service facilities and uses, excluding storage yards, transformer stations and substations; see section 14.06.

I.

Office service establishments; see section 14.06.

J.

Out-patient health care service establishments; see section 14.06.

K.

Offices of non-profit organizations, such as professional membership organizations, labor unions, civic, social, and fraternal associations, political organizations; see section 14.06.

L.

Banks, savings, and loan associations and other financial or lending institutions.

M.

Retail establishments marketing convenience goods only, such as groceries, fruit, meats, dairy products, produce, baked goods and alcoholic beverages, stores selling drugs, hardware, novelties and gifts, flowers, books, stationery, tobacco, and sundry small household articles; see section 14.06.

N.

Retail sales typically incidental to contractor's establishments which require a workshop and retail outlet or showroom as accessory uses, including:

(1)

Plumbing and electrical contractors.

(2)

Building material suppliers and wholesalers such as lumber yards and other similar uses.

(3)

Carpenter shops including door, sash or trim manufacturing.

(4)

Jobbing and repair machine shops.

(5)

Plastic products forming and molding.

(6)

Printing and publishing.

(7)

Trade and industrial schools.

(8)

Air conditioning and heating dealers including incidental sheet metal work.

(9)

Sign painting establishments.

O.

Food service establishments; including grocery, meat market, supermarket, bakeries, delicatessen, ice cream stores and other food service establishments similar to and compatible with the above.

P.

Personal service establishments; including barber shop, beauty parlor, tailor shop, shoe repair, dress maker, photographic studio, and other personal service establishments similar to and compatible with above.

Q.

Other service establishments: that include an office, showroom, workshop, or a retail adjunct, such as that occupied by an electrician, decorator, painter, upholsterer, a business performing radio, television or home appliance repair or other service establishments similar to and compatible with the above.

R.

Boutiques or establishments operated expressly for the sale of art, antiques, collectibles, and similar merchandise.

S.

General retail establishments whose principal activity is the sale of new merchandise to the public. These include such establishments as household appliance stores, furniture stores, department or variety stores, drug stores, hardware stores, clothing stores, specialty stores selling flowers, books, stationery jewelry, novelties and gifts, tobacco, and sundry small household articles; convenience stores selling fruit, meat, dairy products, produce, and alcoholic beverages, and other retail establishments similar to and compatible with the above; see section 14.06.

T.

Mortuaries and funeral homes; see section 14.06.

U.

Office or commercial uses located in a structure originally erected for residential purposes, provided all commercial structure standards of the local building code are complied with; see section 14.06.

V.

Non-manufacturing research and development establishment, including:

(1)

Laboratories, offices, and other facilities for research, both basic and applied, conducted by or for any individual, organization or concern.

W.

Medical marihuana primary caregiver facility. A registered primary caregiver desiring to grow and harvest medical marihuana outside his or her primary residence may locate the medical marihuana primary caregiver facility in the D development district, subject to the site development standards set forth in section 6.05, and the HDD high density development district, subject to the site development standards set forth in section 9.05, and the following additional conditions (which shall be applicable to both districts):

(1)

The medical marihuana primary caregiver facility shall be located in a secure, locked, fully enclosed structure located outside of a radius of 500 feet from any school, including child day care facilities, church, or drug rehabilitation facility or another medical marihuana primary caregiver facility.

(2)

Each parcel or lot shall be limited to one medical marihuana primary caregiver facility conducted by one primary caregiver.

(3)

Medical marihuana within the medical marihuana primary caregiver facility shall be limited to the number of plants and the amount of usable marihuana permitted by the Michigan Medical Marihuana Act for each registered qualifying patient identified as receiving assistance from the registered primary caregiver, plus an amount which may be legally possessed by the registered primary caregiver, if said primary caregiver is also a registered qualified patient.

(4)

The structure used for growing medical marihuana shall contain only the marihuana belonging to the registered primary caregiver or said caregiver's registered qualified patients and shall not exceed the amount authorized by the Michigan Medical Marihuana Act.

(5)

The grow facility shall at all times be secured and locked and shall be accessible only by the registered primary caregiver.

(6)

Medical marihuana primary caregiver facilities shall be subject to the requirements of building, electrical, plumbing, and fire prevention code requirements of Bath Charter Township.

(7)

Lighting utilized for growing medical marihuana shall not be visible from the exterior of the building.

(8)

No sign or advertising of any kind shall be permitted on the exterior of the structure or on the property.

(9)

Access to a medical marihuana primary caregiver facility is prohibited through any other business. Access to the medical marihuana primary caregiver facility shall be through an exterior door only, and interior access to adjoining buildings and/or structures from the medical marihuana primary caregiver facility is prohibited.

(Ord. No. 62, § V, 3-21-2011; Ord. No. 31.58, § 4, 1-16-2018; Ord. No. 31.73, § 3, 9-7-2021; Ord. No. 31.85, § 3, 2-5-2024)

State Law reference— Mandatory permitted uses, MCL 125.286a, MCL 125.286g.

The following are permitted accessory uses:

A.

Those accessory uses permitted in section 8.03.

B.

Any structural or mechanical use customarily incidental to the permitted principal use.

C.

Signs, subject to the regulations established in article XVIII.

D.

Off-street parking, as required and subject to the regulations established in article XVII.

The following uses of land and structure may be permitted in this district by the application for and the issuance of a special use permit as provided for in article XIX:

A.

Multi-family dwellings (apartments) of nine or more total units, regardless of the number of units per building.

B.

Planned shopping center.

C.

Condominiums of any type.

D.

Automobile service stations.

E.

Automatic and self-service carwash establishments.

F.

Commercial garages.

G.

Theaters, restaurants, bars, nightclubs, and other similar entertainment facilities, where the patrons are seated or served while seated within a building.

H.

Amusement enterprises; if conducted wholly within an enclosed building.

I.

Hotels, motels, and motor hotels.

J.

Retail lumber yard; building material sales yard.

K.

Auto parts, tire, battery, and accessory dealers.

L.

Open air businesses: such as retail sales of nursery stock, lawn furniture, garden supplies and the like, provided any storage area is fenced or otherwise enclosed.

M.

Temporary outdoor uses or sales, incidental to the business conducted on the premises.

N.

Motor vehicles(s), boat, motor home and camper; sales, rental and display outdoors.

O.

Wholesale and warehousing: wholesale selling or warehousing of automotive equipment, dry goods and apparel, groceries and related products, raw farm products except livestock, electrical goods, hardware, plumbing, heating equipment and supplies, machinery and equipment, tobacco and tobacco products, beer, wine and distilled alcoholic beverages, paper and paper products, furniture and home furnishings, and any commodity the manufacture of which is permitted in this district; also storage or transfer buildings, commercial laundries or cleaning establishments and frozen food lockers; see section 14.06.

P.

Outdoor storage.

Q.

Planned unit development.

R.

Drive-in restaurants, retail, or service establishments.

S.

Bump shops or automobile repair garages, doing general automobile repair work, including body and fender work, painting, and upholstering.

T.

Accessory apartment or "ECHO" (Elderly Cottage Housing Opportunities) housing.

U.

Adult foster care small group home.

V.

Adult foster care large group home.

W.

Adult foster care congregate facilities.

X.

Daycare center (commercial childcare).

Y.

Home businesses; see section 3.02.

Z.

Horses may be housed on a lot of eight acres or more. There shall be only one animal on the first eight acres and there shall be an additional acre for each additional horse up to four horses. Horses shall meet the standards in section 19.20, horses in non-agricultural areas of the township. If the keeping of horses should become offensive in sight or odor, due to the poor care of horses or the horses housing, pasture, or pens, they shall be declared a nuisance; see section 3.02 (nuisance and nuisance, attractive) and section 15.01.

AA.

Marihuana processor.

BB.

Marihuana safety compliance facility.

CC.

Health and wellness centers; see 14.06.F.

DD.

Barber shops and hair salons.

(Ord. No. 31.30, § 9.04, 5-20-2002; Ord. No. 31.37, § 10, 4-19-2010; Ord. No. 31.40, § 4, 3-19-2012; Ord. No. 31.61, § 3, 9-3-2019; Ord. No. 31.68, § 3, 4-19-2021; Ord. No. 31.73, § 3, 9-7-2021; Ord. No. 31.85, § 3, 2-5-2024)

State Law reference— Mandatory special uses, MCL 125.286a, 125.286g.

The following maximum and minimum standards apply to all uses and structures in the high-density residential district, unless otherwise specified under section 14.03, district performance standards.

A.

Minimum lot area. No building or structure shall be established on any parcel comprised of less than 6,000 square feet of lot area, other than a single-family detached dwelling on a lot of record in existence prior to November 27, 2005.

B.

Minimum lot width. The minimum lot width shall be 60 feet.

C.

Maximum lot coverage. Lot coverage within this section shall be measured using the following standard. One square foot of the footprint of structure(s) and any non-permeable surfaces (asphalt parking lot, driveways, etc.) area equals one square foot of lot coverage. The maximum lot coverage shall not exceed 75 percent.

D.

Yard and setback requirements:

(1)

Front yard. The required front yard shall not be less than 25 feet or equal to the established setback line.

(2)

Side yard. Six feet, except in the case of a corner lot where the side yard on the street side shall not be less than the setback required for the front yard.

(3)

Rear yard. Twenty-five feet.

E.

Maximum height requirements. No structure shall exceed three stories or 35 feet measured from the average finished grade at the front setback line. Residential accessory buildings shall not exceed a height of 20 feet.

F.

Minimum building floor area:

(1)

Single-family detached or two-family dwellings. Every dwelling hereafter erected shall have a minimum gross living space per dwelling unit of not less than 750 square feet, exclusive of basements, garages, porches, and breezeways.

(2)

Multiple-family dwelling. The minimum gross living space in a multiple-family dwelling shall be provided in accordance with following schedule:

G.

Minimum greenspace requirements. The minimum greenspace required within this district is 25 percent of the parcel(s).

(Ord. No. 31.34, § 5, 11-21-2005; Ord. No. 31.75, § 6, 5-2-2022; Ord. No. 31.79, § 6, 12-5-2022)

A.

All lighting shall be installed and maintained in such a manner as to confine the illumination source/direct rays to the property upon which the use is located and such that no direct rays, glare or illumination shall adversely affect the welfare of an adjacent property.

B.

Trash containers shall be enclosed on at least three sides by a structure aesthetically compatible with the development and surrounding property. The waste storage area shall be maintained free from litter.

C.

Heating, ventilation or air condition (HVAC) units, heating oil storage tanks or similar appurtenances shall be properly screened.