Birmingham Township
City Zoning Code
City Zoning Code
ARTICLE IX
Eleemosynary-Institutional District E-I
§ 122-37 Purpose.
A.
In addition to the general goals listed in the statements of purposes and community development objectives, it is the purpose of this article to make provisions for certain uses of an eleemosynary, institutional or quasi-institutional nature which may have attributes requiring special considerations or restrictions, such as concentration of population, generation of traffic, need for centralized provision of water supply and sewage disposal, need for vehicular and/or pedestrian access, special health-care facilities and need for police and fire protection.
B.
Accordingly, the district utilizes, where appropriate, the designation of such uses as conditional uses or uses by special exception in order that such special consideration or restrictions may be properly planned for by the landowner and in order that the Board of Supervisors or Zoning Hearing Board may determine the appropriateness of any such use for the specific location for which it is proposed and impose such conditions thereon as are appropriate.
C.
In the Eleemosynary-Institutional District (E-I), the following regulations shall apply.
§ 122-38 Use regulations.
A.
Uses permitted by right. A building may be erected, altered or used and a lot or premises may be used for the following purposes and for no other:
(1)
Single-family detached dwelling.
(2)
Woodlands, game preserves or other conservation purpose.
(3)
Agricultural uses in accordance with the provisions of farm regulations, § 122-93 of this chapter.
(4)
Noncommercial park, golf course or other outdoor recreational use customarily located in natural woodland and rural areas and for public and private use, including a country club or similar club or lodge in conjunction with any permitted outdoor use, provided that:
(a)
The minimum lot area of the property on which the use is conducted shall not be less than 10 acres.
(b)
The use and its design are compatible with the natural character of the area.
(c)
Each structure shall be clearly incidental to the outdoor use.
(d)
Any club or lodge building and its services shall be for the use of members and their guests only.
(e)
No commercial activity or use, such as a campground, amusement park and like uses customarily carried on as businesses, shall be permitted.
(5)
Within those portions of the E-I District designated as eligible for planned residential development on the PRD Overlay, a planned residential development in accordance with Article XIV hereof.
(7)
Group homes.
[Added 9-8-2014 by Ord. No. 14-04]
B.
Uses permitted by special exception. Any of the following uses shall be permitted as a special exception when authorized by the Zoning Hearing Board, subject to the standards of Article XXI of this chapter:
(1)
Church or similar place of worship, including a rectory or parish house.
(2)
School.
(3)
Riding academy or fox hunting club, provided that a minimum lot size of 10 acres shall be provided.
(4)
Museum or other educational, cultural or philanthropic use of a similar nature.
(5)
Cemetery.
(6)
Day-care center.
[Added 2-7-1994 by Ord. No. 94-01]
C.
Conditional uses. Any of the following uses shall be permitted as a conditional use when authorized by the Board of Supervisors, subject to the standards set forth herein and in § 122-119:
(1)
Hospital or sanitorium, provided that the intensity of use shall not exceed five beds per acre, including patient beds and on-site living accommodations for staff persons.
(2)
Nursing or convalescent home, provided that the intensity of use shall not exceed five beds per acre, including patient beds and on-site living accommodations for staff persons.
(3)
Home for handicapped individuals, provided that the intensity of use shall not exceed five beds per acre, including patient beds and on-site living accommodations for staff persons.
(4)
Retirement community, with facilities to serve residents of such community and their guests only, in accordance with the following specific provisions:
(a)
A retirement community shall provide a combination of individual dwelling units in any combination of single- or multifamily buildings and may include a community center consisting of one or more buildings in which the following uses may be permitted:
[1]
Medical treatment, nursing and convalescent facilities.
[2]
Dining facilities.
[3]
Auditoriums, activity rooms, craft rooms, libraries, lounges and similar recreational facilities for members of the community.
[4]
Office and retail service facilities designed and adequate to serve only the members of the community, such as, but not necessarily limited to, the following uses: doctors' offices, pharmacy, gift shop, coffee shop, post office, beauty shop and barbershop.
(b)
The intensity of use shall not exceed, as of right, 1.2 dwelling units and equivalent dwelling units per acre; provided, however, that additional dwelling units and equivalent dwelling units up to a maximum intensity of 1.6 per acre may be added in conjunction with the acquisition of additional transferable development rights (TDR) at the rate of one TDR for each additional 1.2 dwelling units or equivalent dwelling units above the intensity of use permitted as of right, in accordance with § 122-75A, in which event all applicable requirements of Article XV shall be complied with. For purposes of this section, four beds for patient, resident and/or staff person use provided within the community center or accessory buildings shall be deemed the equivalent of one dwelling unit and acreage within the identified floodplain areas, the use of which has been formerly or concurrently restricted in perpetuity by easement or covenant against development, shall be included for purposes of determining overall intensity of use, provided that the use of such land shall be subject to all requirements of the floodplain regulations of this chapter.
[Amended 7-10-2017 by Ord. No. 17-02]
(c)
A retirement community shall be developed and operated under the direction and control of a single owner or agent for the owner.
(d)
Not less than 40% of the total area in the tract shall be designated as and used exclusively for common open space, ownership, location, design and layout and maintenance of common open space shall be in accord with the requirements of § 122-67F(2), (3), (4) and (5).
(e)
There shall be a setback of 100 feet around the entire perimeter of the tract in which no structures shall be situated.
(f)
Two points of access may be required for a retirement community, depending on the number of vehicle trips per day and road capacity. Where a tract has frontage on more than one road, at least one access may be required by way of each road.
D.
Accessory buildings and uses. The following accessory uses shall be permitted, provided that they shall be incidental to any of the foregoing permitted uses:
(1)
Customary agricultural and residential accessory uses.
(2)
Swimming pool, tennis court or paddle tennis court, provided that it is located behind the front facade of the house and building line and is set back at least 50 feet from any side or rear property line, and further provided that lighting facilities shall not interfere with the use and enjoyment of any neighboring property; provided, however, that the minimum setback from any side or rear property line within a lot containing less than 60,000 square feet and approved pursuant to Article XVI of this chapter shall be 25 feet.
[Amended 7-23-2001 by Ord. No. 01-11]
(3)
Private greenhouse.
(4)
Artist's studio.
(5)
Farm buildings.
(6)
Home occupation and no-impact home based business when in compliance with § 122-103.
[Amended 2-7-1994 by Ord. No. 94-01; 1-20-2003 by Ord. No. 03-01]
§ 122-39 Area and bulk regulations; residential uses.
[Amended 3-7-1991 by Ord. No. 91-02; 4-10-2000 by Ord. No. 00-06; 3-26-2001 by Ord. No. 01-06; 12-15-2003 by Ord. No. 03-07; 12-7-2020 by Ord. No. 20-05; 3-3-2025 by Ord. No. 2025-01]
A.
Lot area. Every lot shall have a net lot area of not less than two acres. In computing lot area, driveways (whether individual or common access) are not netted out; streets (whether public or private) are netted out.
B.
Lot width. Each lot width shall not be less than 200 feet at the building line.
C.
Impervious cover. Not more than 20% of the net lot area may be occupied by buildings or other impervious cover.
D.
Front yard. There shall be a front yard of not less than 80 feet from the front building line to the street line.
E.
Side yard. For every principal building, there shall be two side yards which shall be not less than 60 feet in aggregate width and neither of which shall be less than 25 feet in width.
F.
Rear yard. For every principal building, there shall be a rear yard on each lot which shall be not less than 60 feet in depth.
G.
Accessory buildings and structures. No accessory buildings or accessory structures, except a fence or wall below four feet in height, shall be situated within the front yard nor within 20 feet of any side or rear lot line or street line.
H.
Height restrictions. No building or structure shall exceed three stories or 35 feet in height, except that no accessory building, other than a farm building, shall exceed 20 feet in height.
§ 122-40 Area and bulk regulations; nonresidential uses.
A.
Nonresidential uses permitted by right and permitted by special exception. Every use permitted as of right in § 122-38A(2) through (4), and every use permitted by special exception in § 122-38B(1) through (6) shall comply with the area and bulk regulations specifically set forth in said subsections and as set forth in § 122-24.
B.
Conditional uses. Every use set forth in § 122-38C and authorized as a conditional use by the Board of Supervisors shall comply with the following area and bulk regulations:
[Amended 4-10-2000 by Ord. No. 00-06; 12-15-2003 by Ord. No. 03-07]
Regulation | Hospital or Sanitorium | Nursing or Convalescent Home |
|---|---|---|
Minimum net lot area (square feet) | 10 | 5 |
Minimum lot width (feet) | 500 | 300 |
Maximum impervious cover | 30% | 30% |
Minimum front yard (feet) | 80 | 80 |
Minimum side yards (feet) | 100 | 50 |
Minimum rear yard (feet) | 100 | 50 |
Height restrictions | 3 stories or 35 feet | |
Minimum green space | 70% of net lot area | 70% of net lot area |
Regulation | Home for Handicapped Individuals | Retirement Community |
|---|---|---|
Minimum net lot area (square feet) | 5 | 50 |
Minimum lot width (feet) | 300 | * |
Maximum impervious cover | 30% | 30% |
Minimum front yard (feet) | 80 | * |
Minimum side yards (feet) | 50 | * |
Minimum rear yard (feet) | 50 | * |
Height restrictions | 3 stories or 35 feet | |
Minimum green space | 70% of net lot area | 70% of net lot area |
* NOTE: See § 122-38C(4). | ||
§ 122-41 Design standards.
A.
Residential and agricultural uses permitted by right.
(1)
Parking shall be as required by § 122-102A(2) of this chapter.
(2)
Access and highway frontage shall be as required by § 122-102B(1) of this chapter.
C.
Conditional uses. In granting or denying a conditional use or establishing conditions on such grants, the standards set forth in § 122-119, where relevant, shall be applied. The burden of establishing compliance with such standards shall be upon the applicant. In addition, the following specific design standards shall be applicable: