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Bedford Township City Zoning Code

ARTICLE IV

400.400 - Intent.

Sec. 400. The R-1 through R-3 One-Family Residential Districts are designed to be the most restrictive of the residential districts. The intent is to provide for an environment of predominantly low-density, one-family detached dwellings along with other residentially related facilities which serve the residents in the district.

400.401 - Principal uses permitted.

Sec. 401. In a One-Family Residential District, 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 Ordinance:

1.

One-family detached dwellings.

2.

Publicly owned and operated libraries, recreational facilities, parkways and park facilities, except that any ponds to be created incident to a public park facility shall be subject to special approval pursuant to Section 403 [Section 400.403].

3.

Cemeteries which lawfully occupied land at the time of adoption of this Ordinance.

4.

Public, parochial and other private elementary schools offering courses in general education, and not operated for profit; subject to the provisions of Section 1919 [Section 400.1919].

5.

Family day care homes which are registered.

6.

Accessory buildings and uses, customarily incident to any of the above permitted uses. Accessory buildings may include one private garage for each residential lot in which there may be housed not more than three motor vehicles, not more than one of which may be a commercial vehicle, not larger than a regularly manufactured pickup or panel truck of one and one-half ton capacity which shall be housed within a garage when not in use, and provided said commercial vehicle is owned or operated by a member of the family who resides on said lot.

7.

Private pools shall be permitted as an accessory use within the rear yard or side yard, provided they meet the following requirements:

(a)

No swimming pool, or part thereof, shall be hereafter erected or constructed unless a building permit shall have been first issued for such work by the Township of Bedford Building Inspector.

(b)

There shall be a minimum distance of not less than ten feet between adjoining property lines, or alley right-of-way and the outside of the swimming pool wall. Side yard set-back shall apply if greater than ten feet.

(c)

There shall be a distance of not less than seven feet between the outside swimming pool wall and any building located on the same lot.

(d)

No swimming pool wall shall be located less than 35 feet from any street right-of-way line or any existing dwelling unit on abutting property.

(e)

No swimming pool shall be located in an easement.

(f)

For the protection of the general public, all areas containing swimming pools shall be completely enclosed by a fence not less than four feet in height above the surface of the ground, of chain link or equally impenetrable construction. All vertical members of said fence shall be on the swimming pool side thereof and all horizontal members shall be spaced not more than one and one-half inches apart. The gates shall be of a self-closing and latching type, with the latch on the inside of the gate and not readily available for children to open. Gates shall be capable of being securely locked. Such enclosure shall be located not more than 100 feet distant from the swimming pool. A building or masonry wall at least four feet in height may be used as all or part of such swimming pool enclosure.

If the swimming pool is constructed above ground so that the exterior thereof is at least 44 inches above ground level, measuring perpendicularly from the top of said pool, and the exterior construction of said above-ground pool meets the minimum construction standards for pool enclosures contained in the preceding paragraph, and entry into such above-ground pool is only by means of a ladder that locks up into place when the pool is not in use, then the fence and gate required in the preceding paragraph of this Section shall not be required.

(Ord. No. 44A-6, 1-3-78; Ord. No. 44A-107, 7-2-91; Ord. No. 44A-125, 4-5-94; Ord. No. 44A-141, 10-3-95; Ord. No. 44A-142, § 1, 10-17-95)

400.402 - Uses permitted subject to special conditions.

Sec. 402. The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the site plan by the Planning Commission:

1.

Places of Worship, Subject to the Following Conditions:

a.

Buildings of greater than the maximum height allowed in article XVIII, entitled "Schedule of Regulations", may be allowed, provided the front, side and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed.

b.

All access to the site shall be in accordance with section 1915 [Section 400.1915].

c.

The use shall be subject to the provisions of Section 1919 [Section 400.1919].

2.

Public, parochial and private intermediate or secondary schools offering courses in general education, not operated for profit, subject to the provisions of Section 1919 [Section 400.1919]. Access to the site shall be in accordance with Section 1915 [Section 400.1915].

3.

Golf courses, which may or may not be operated for profit, subject to the following conditions:

a.

The site shall be so planned as to provide all access in accordance with Section 1915 [Section 400.1915].

b.

The site plan shall be laid out to achieve a relationship between the major thoroughfare and any proposed service roads, entrances, driveways, and parking areas which will encourage pedestrian and vehicular traffic safety.

c.

Development features including the principal and accessory buildings and structures shall be so located and related as to minimize the possibilities of any adverse affects upon adjacent property. This shall mean that all principal or accessory buildings shall be not less than 200 feet from any property line abutting residentially zoned lands; provided that where topographic conditions are such that buildings would be screened from view, the Planning Commission may modify this requirement.

d.

Whenever a swimming pool is to be provided, said pool shall be provided with a protective fence six feet in height, and entry shall be by means of a controlled gate.

e.

The creation of any ponds as an accessory use and incident to the development or operation of a golf course may only be permitted subject to special approval pursuant to Section 403 [Section 400.403].

4.

Colleges, 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 herein 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 access to said site shall be in accordance with Section 1915 [Section 400.1915].

c.

No building shall be closer than 80 feet to any property line.

d.

Height of buildings in excess of the maximum permitted may be allowed provided that where yards abut land zoned for residential purposes, the minimum requirements of Section 1800 [Section 400.1800], footnote (g) shall apply.

e.

Those buildings to be used for servicing or maintenance, such as heating, plants, garages, storage structures and the like, shall not be located on the outer perimeter of the site where abutting property is zoned for residential purposes.

5.

Cemeteries provided that:

a.

Not more than 51 percent of the land in the Residential Unit in which the cemetery is to be located is in recorded plats.

b.

All access to said site shall be in accordance with Section 1915 [Section 400.1915].

6.

Accessory buildings and uses customarily incident to the above permitted uses.

(Ord. No. 44A-107, 7-2-91; Ord. No. 44A-125, 4-5-94; Ord. No. 44A-284, § 2, 5-14-13)

400.403 - Principal uses permitted subject to special approval.

Sec. 403. The following uses may be permitted upon making application and submitting any reasonable exhibits or information required by the Planning Commission, and after paying any fees established by the Township Board by resolution or ordinance, and after public hearing, review and approval of the site plan by the Planning Commission; and under such conditions as the Planning Commission imposes after finding that the use is not injurious to the district and environs, is not contrary to the spirit and purpose of this Ordinance, is not incompatible with already existing uses in the area, will not interfere with the orderly development of the area, would not be detrimental to the safety or convenience of vehicular or pedestrian traffic, will be served adequately by essential public facilities and services, will be consistent in assuring that the general public health, safety and welfare will not be infringed upon, and will be in compliance with all Township, County, State and Federal laws and regulations; and which, once approved, shall be deemed to authorize only one specific use, and shall expire and become null and void without further notice or action by the Planning Commission in any case where the special approval use has not been established within six months after the Planning Commission's grant of approval thereof or where the special approval use is discontinued or ceases to exist for six consecutive months or for 18 months during any three year period; and which may be revoked by the Planning Commission after it finds that any of the requirements of this Ordinance or conditions of approval are not being maintained.

1.

Utility and public service buildings and uses (without storage yards) when operating requirements necessitate the locating of said building within the district in order to serve the immediate vicinity.

2.

Child care centers subject to the following conditions:

a.

No portion of a child care center shall be located within 300 feet of any gasoline pumps, underground storage tanks, or any other explosive material.

b.

One parking space shall be provided for each employee working during the largest shift plus one space for each eight children the facility is licensed to receive for care at any one time.

c.

A child loading/unloading area shall be provided to the Planning Commission to assure safe access to the facility and the adequacy of parking areas and maneuvering lanes to circulate peak hour traffic.

d.

On-site traffic circulation shall be restricted to a one-way traffic flow, where possible.

e.

Any on-site outdoor play area shall be enclosed by a fence that conforms to the applicable requirements of Section 1912 [Section 400.1912].

f.

Any facility boundary which abuts property which is residentially used or zoned shall be screened according to the provisions of Section 1911 [Section 400.1911], subsections c. and h. and any other applicable regulations.

g.

Signs shall conform to the applicable requirements of Section 1922 [Section 400.1922].

3.

Group day care homes which are licensed subject to the following conditions:

a.

The licensed group day care home is located not closer than 1,500 feet to:

(1)

Another licensed group day care home;

(2)

An adult foster care small group home or large group home licensed by the State;

(3)

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

(4)

A community correction center, resident home, halfway house or other similar facility that houses an inmate population under the jurisdiction of the Michigan Department of Corrections.

b.

Any outdoor play area shall be enclosed by a fence that conforms to the applicable requirements of Section 1912 [Section 400.1912]. At its discretion, the Planning Commission may require that a fence be constructed of certain materials to assure the adequacy of proposed screening.

c.

The dwelling unit and yard areas shall be maintained in a manner that is consistent with the character of the neighborhood. Play equipment shall not be located in the front yard, except in the case of a corner lot. In the case of a corner lot, the operator may designate one front yard for use as an outdoor play area.

d.

One identification sign shall be permitted. Such sign shall be subject to the requirements of Section 1924.1 [Section 400.1924.1].

e.

In addition to the parking required for the dwelling unit, one off-street parking space shall be provided for each nonfamily employee of the group day care home. A driveway may be used to fulfill this requirement.

f.

The Planning Commission retains the right to grant special approval to a group day care home that does not meet all of the above conditions upon finding that the public health, safety and welfare of the Township residents will not be negatively impacted by such waiver.

g.

The group day care home shall not exceed 16 hours of operation during a 24-hour period.

4.

Private noncommercial recreational areas, (not including tennis clubs), institutional or community recreation centers; nonprofit swimming pool clubs, all subject to the following conditions:

a.

The proposed site for any of the uses permitted herein which would attract persons from, or are intended to serve, areas beyond the immediate neighborhood shall have at least one property line abutting a major thoroughfare as designated on the Master Plan and the site shall be so planned as to provide all access in accordance with Section 1915 [Section 400.1915].

b.

Front, side and rear yards shall be at least 80 feet wide, and shall be landscaped in trees, shrubs, and grass. All such landscaping shall be maintained in a healthy condition.

c.

Off-street parking shall be provided so as to accommodate not less than one-half of the member families or individual members. The Board of Appeals may modify the off-street parking requirements in those instances wherein it is specifically determined that the users will originate from the immediately adjacent areas, and will therefore be pedestrian. Prior to the issuance of a building permit or zoning compliance permit, bylaws of the organization shall be provided in order to establish the membership involved for computing the off-street parking requirements. In those cases wherein the proposed use or organization does not have bylaws or formal membership, the off-street parking requirement shall be determined by the Board of Appeals on the basis of usage.

d.

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

e.

Separate privately owned and/or funded physical therapy and physical rehabilitation operation, which may ordinarily be considered a PBO or PBO-1 professional and business office district use, but not including a medical office or clinic, may be permitted as an accessory use to a private non-commercial recreational area, so long as (1) said accessory use never exceeds ten percent of the total use of the area, center, club, facility, and/or buildings, not including outside facilities or outside areas, (2) the parcel containing the primary and accessory uses contains no less than nine acres. (3) the primary use and accessory use are contained in a building or structure containing no less than 30,000 square feet, and (4) said use is clearly accessory to the primary allowed use. The Planning Commission shall make said determination at the time when said accessory use is proposed, and may review said determination from time to time to insure that the requirements for the accessory use are being complied with. The Planning Commission may impose any reasonable conditions, including those relating to signage, for said accessory use. No such accessory use shall commence until after the Planning Commission determines that said accessory use qualifies under this provision, and the Planning Commission imposes any reasonable conditions to protect the health, safety and welfare of the Township, considering that the accessory use, which is essentially PBO or PBO-1 in nature, is being placed in a one-family residential zoning district. Signage for the area, center, club, facility, buildings and/or land, including this accessory use, shall either comply with Section 1922 [Section 400.1922] of this Ordinance relating to signs, or the Planning Commission may allow the following: There may be one freestanding monument sign related to primary use and accessory use, not exceeding 40 square feet in area (plus 40 square feet additional for the decorative structure of the monument sign), and not exceeding five feet in height, or one wall sign not exceeding 40 square feet in area. The freestanding monument sign or wall sign shall contain no more than one-third of the face of the sign devoted to the separate privately owned and/or funded physical therapy and physical rehabilitation operation accessory use. In addition to a freestanding monument sign or wall sign, there may be a wall identification sign identifying the primary use, and a separate wall identification sign identifying the accessory use, each to be located over the primary entrance to the portion of the building or structure devoted primarily to each use. Each such sign shall not exceed ten square feet in area, and 2½ feet in height. The sign shall not be used for advertising and may only identify the primary use, and name of the occupant and profession for the accessory use. The rest of the provisions of Section 1922 [Section 400.1922] of this Ordinance relating to signs not in conflict with the specific requirements above shall apply to all signage. In addition, the Planning Commission may impose reasonable conditions not in conflict with the specific requirements above or those in Section 1922 [Section 400.1922], relating to the signage.

5.

Ponds as an accessory use incident to a public park facility or golf course on a parcel of land not less than five acres in size, or as an accessory use incident to a single family dwelling on a parcel of land not less than ten acres in size, subject to the additional procedures, provisions, and requirements as provided by the Bedford Township Pond Ordinance (Bedford Township Ordinance No. 76), as may be amended.

6.

Private stables and private kennels, which are not otherwise permitted in a one-family residential district, shall be permitted as an accessory use, provided that the following standards shall be followed:

a.

A dwelling in a principal building for the person or persons operating the private stable or private kennel shall be located on the same lot, but any non-owner of the lot must be operating the private stable or private kennel for the non-owner's sole benefit and not on behalf of any person not living on the lot.

b.

The lot area shall not be less than five acres under one ownership.

c.

For a private stable there shall be no more than one horse for each two acres of total lot area, up to a maximum of ten horses per lot, and any building, pen, run, corral, or other structure or permanent area where the horse or horses are kept or confined, must be no nearer than 200 feet to any dwelling on an adjacent lot, no nearer than 100 feet to any adjacent lot line, and no nearer to the front road right-of-way than the further between the rear building line of the dwelling on the subject lot and 100 feet. A fenced area where the horse or horses are allowed to feed, exercise, or be ridden or under harness may extend to the front, rear, or side lot lines.

d.

For a private kennel, there shall be no more than one dog, cat, or other household pet, six months or more old, for each one acre of total lot area, up to a maximum of ten animals per lot, and any building, pen, run, kennel, or other structure or permanent area where the animals are kept or confined, must be no nearer than 200 feet to any dwelling on an adjacent lot, no nearer than 100 feet to any adjacent lot line, and no nearer to the front road right-of-way than the further between the rear building line of the dwelling on the subject lot and 100 feet. An area where the animals are allowed to exercise may extend to the front, rear, or side lot lines.

e.

All horses must be kept confined within a fenced area when not being ridden, under harness, or when not in their building, pen, run, corral, or other structure or permanent area. All dogs, cats, and other household pets, must be kept either under the absolute control of the owner or occupant of the subject lot at all times or confined within a fenced area when not in their building, pen, run, kennel, or other structure or permanent area.

f.

There shall be no excessive noise, or obnoxious odors, flies, or other nuisances caused by the keeping of any animals.

g.

There shall be no commercial activity, other than an isolated sale not unusual for a residential district.

h.

No formal site plan shall be necessary unless otherwise required by this Ordinance. A simple plot plan or sketch showing the lot identification, (address and property card number), size of lot, dimensions of lot lines, existing improvements, including fencing, proposed modifications including fencing, location of any structures on adjacent lots within 100 feet of the subject lot, and the location and names of abutting roads, streets, and alleys, filed with the Planning Commission shall be sufficient.

7.

Accessory buildings and uses customarily incident to the above permitted uses.

(Ord. No. 44A-1, 10-4-77; Ord. No. 44A-19, 1-22-80; Ord. No. 44A-107, 7-2-91; Ord. No. 44A-124, 3-22-94; Ord. No. 44A-125, 4-5-94; Ord. No. 44A-141, 10-3-95; Ord. No. 44A-230, 3-2-04; Ord. No. 44A-252, 3-20-07; Ord. No. 44A-284, § 3, 5-14-13; Ord. No. 441-307, § 1.A., 8-16-16)

400.404 - Area and bulk requirements.

Sec. 404. See Article XVIII, 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.