The D development district is intended to accommodate most of the anticipated non-residential growth in Bath Charter Township during the next 20 years. The D district will provide for a residential environment dominated by moderate density development (in terms of the hierarchy of zoning districts) including single-family detached dwellings in platted subdivisions as well as alternative residential types. Further, it provides for limited commercial, industrial and institutional uses in accordance with specified performance criteria. To be excluded, however, are uses of a high density, intensity of land use or of major non-residential character. The intent is that this district will provide the zoning flexibility and incorporate those existing (and proposed) capital improvements necessary to attract development. Land within this district will generally be located adjacent to major thoroughfares and within areas of the township containing or expected to contain public sewer and/or water facilities. Therefore, it consists of areas where development should logically be attracted, due to deliberate decisions regarding support infrastructure.

Commentary. The development district is designed to minimize the costs of extending or expanding public services. It is a planned, logical accommodation of growth intended to serve areas suitable for development and to avoid unsuitable areas. Uses that would be characterized as being of high density or intensity rather than suburban have been excluded as have heavy industrial uses. Likewise, uses that are so extensive in scale as to be of regional significance are excluded because they require specialized evaluation and locational considerations. Unlike conventional zoning districts which segregate various land uses, the development district allows varied uses and places the emphasis on minimizing or buffering any nuisance factors between such uses. The segregation of uses has never provided adequate protection, especially at the edges of use districts. The provisions contained herein anticipate the likelihood and desirability of mixing land uses and imposes criteria to resolve any possible problems and eliminate what might be negative impacts where unlike land uses are located in close proximity.

In the D development 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 sections 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.

Retail establishments, 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.

M.

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

N.

Adult foster care family homes.

O.

Medical marihuana primary caregiver facility.

(Ord. No. 31.30, § 6.03, 5-20-2002; Ord. No. 62, § V, 3-21-2011; Ord. No. 31.58, § 3, 1-16-2018; Ord. No. 31.73, § 1, 9-7-2021; Ord. No. 31.83, § 2, 5-9-2023; Ord. No. 31.85, § 2, 2-5-2024)

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

The following are permitted accessory uses:

A.

Those accessory uses permitted under section 7.03.

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[s] 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.

Mobile home park or subdivision.

C.

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.

D.

Non-manufacturing research and development establishments], including:

(1)

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

(2)

Production of prototype products, limited to the scale necessary for full investigation of the merits of the product.

E.

Wholesale, truck terminals, and warehousing. Wholesale, truck terminals 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.

F.

Industrial establishments, including:

(1)

The assembly, fabrication, compounding, packaging manufacture or treatment of such articles as food products, candy, drugs, cosmetics and toiletries, musical instruments, toys, novelties, electrical instruments and appliances, radios and phonographs, pottery and figurines or other similar ceramic products using only previously pulverized clay.

(2)

The assembly, fabrication, compounding, packaging, manufacture, or treatment of such products from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, felt, fiberglass, leather, paper, plastics, precious or semi-precious metals or stones, sheet metal, ferrous or non-ferrous metals, shell, textiles, wax, wire, wood (excluding saw and planning mills), and paint.

(3)

Tool and die shops, metal working machine shops involving the use of grinding or cutting tools, such as manufacturing tools, dies, jigs and fixtures, publishing, printing, or forming of box, carton, and cardboard products.

G.

Planned research and/or industrial parks.

H.

Auto service stations.

I.

Drive-in restaurants.

J.

Auto repair garages.

K.

Junk yards.

L.

Restaurants.

M.

Motels.

N.

Those special uses as listed in section 7.04.

O.

Retail sales typically incidental to contractor's establishments which require a workshop and retain outlet or show room 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.

(10)

Establishments producing and selling monuments, cut stone, stone and similar products.

P.

Light industry.

Q.

Automatic vehicle wash and self-vehicle wash facilities.

R.

Vehicle, travel trailer, farm implement, construction equipment, and related equipment display and sales.

S.

Planned unit development.

T.

Outdoor storage.

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 grower, class A, class B, and class C.

BB.

Marihuana processor.

CC.

Marihuana safety compliance facility.

DD.

Marihuana retailer.

EE.

Marihuana microbusiness.

FF.

Provisioning center.

HH.

Barber shops and hair salons.

GG.

Health and wellness centers; see section 14.06.F.

(Ord. No. 31.30, § 6.04, 5-20-2002; Ord. No. 31.37, § 7, 4-19-2010; Ord. No. 31.40, § 2, 3-19-2012; Ord. No. 31.61, § 2, 9-3-2019; Ord. No. 31.64, § 1, 6-15-2020; Ord. No. 31.68, § 2, 4-19-2021; Ord. No. 31.73, § 1, 9-7-2021; Ord. No. 31.77, §§ 2, 3, 8-15-2022; Ord. No. 31.83, § 2, 5-9-2023; Ord. No. 31.85, § 2, 2-5-2024)

The following maximum and minimum standards apply to all uses and structures in the D development district:

A.

Minimum lot area:

(1)

Single-family detached dwellings shall require a minimum parcel size of not less than 20,000 square feet of lot area.

(2)

All other permitted uses shall require a minimum parcel size of one acre in area.

B.

Minimum contiguous lot frontage and lot width:

(1)

Single-family detached dwelling: 100 feet.

(2)

All other uses: 200 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:

(1)

Single-family detached dwelling: 40 percent.

(2)

All other uses: 70 percent.

D.

Yard and setback requirements:

(1)

Front yard: 50 feet.

(2)

Side yard: Ten 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: 30 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 foundation 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 the following schedule:

G.

Minimum greenspace requirements. The minimum greenspace required within this district is 60 percent for single-family detached dwellings and 30 percent for all other uses of the parcel(s).

(Ord. No. 31.75, § 3, 5-2-2022; Ord. No. 31.79, § 3, 12-5-2022)

For those uses other than single-family detached and two-family dwellings, the following provisions shall be met:

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.