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Berrien Springs City Zoning Code

ARTICLE VIII

R-4 GROUP HOME RESIDENTIAL DISTRICT

Section 8.01 - Intent.

The intent of this district is to provide a special zoning district and approval process for the location of student and other group home dwelling units. Certain group homes including "family day-care" and "group day-care" homes are expressly allowed in the R-1A, R-1B, R-1C, R-2 and R-3 residential zoning districts for residential facilities that house no more than six (6) residents, pursuant to the requirements of the Michigan Zoning Enabling Act, P.A. 110 of 2006, Section 206 (MCL 125.3206). Facilities that provide care or treatment of persons being released from, or are assigned, by correctional institutions, or any group home including "family day-care" and "group day-care" homes housing more than six (6) residents shall not be permitted in the R-1A, R-1B, R-1C, R-2 or the R-3 residential zoning district; however, the Village Council may recommend other suitable locations for the rezoning of land for such purposes in any C-1 Commercial zoning district. Student housing and other group homes and adult foster care facilities that house more than six (6) residents shall only be allowed in the R-4 district.

(Ord. No. 316, 5-19-2008)

Section 8.02 - State License Required.

Operators of any licensable facility must present to the Zoning Administrator a copy of the applicable license when such facility must be licensed by the Michigan Department of Independent Family Living, the Michigan Department of Public Health or any other regulating agency prior to processing the rezoning of any property to the R-4 Group Home Residential Zoning District classification.

(Ord. No. 316, 5-19-2008)

Section 8.03 - Standards for Approval.

The following standards for approval are applicable to all requests for all R-4 Group Home rezoning:

A.

The site meets the minimum site size requirement of the current zoning district in which the property is located if the facility is designed to house no more than six (6) residents and, if designed to house more than (6) residents, in addition to meeting the minimum site size requirement of the current zoning district in which the property is located, at minimum, an additional three thousand (3,000) square feet of lot area for each resident over six (6).

B.

The existing or proposed building meets the minimum square footage requirements for the current zoning district in which the site is located and, in addition thereto, if the building or structure is designed to house more than six (6) residents, there is a total of a total of 150 additional square feet of useable building floor area for each resident dedicated for recreational, dining, and sleeping purposes.

C.

No approval for a R-4 Group Home Residential District shall be granted for any facility housing more than six (6) residents located within a one thousand five hundred (1,500) feet of any previously approved R-4 Group Home Residential District.

D.

Building height, yard setback, parking, visual screening, accessory buildings and structures, and sign requirements shall comply with the requirements of the current zoning district regulations of the zoning district designation prior to the rezoning of the property to the R-4 Group Home Residential District.

(Ord. No. 316, 5-19-2008)

Section 8.04 - Site Plan and Rezoning Approval Requirements.

An application for a Group Home Residential District approval shall be accompanied with a site plan which shall be processed in accordance with Article XXI. Approval of a R-4 Group Home Residential Home District is a rezoning of the subject property.

(Ord. No. 316, 5-19-2008)

Section 8.05 - Abandonment of Use and Rezoning.

Upon the abandonment of a group home operation, the Village Council may upon it own motion, take action to rezone the property to the zoning district classification the property was designated prior to its rezoning to the R-4 Group Home Residential District classification.

(Ord. No. 316, 5-19-2008)