Birmingham Township
City Zoning Code
City Zoning Code
ARTICLE VII
Residential District-2 R-2
§ 122-26 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 encourage medium-density residential development in the R-2 Zone, which is easily accessible to major highways and commercial areas and further to provide by special exception for institutional and quasi-institutional uses compatible with medium-density residential development, while also permitting medium- to high-density residential development compatible with existing residential uses and also by providing the option of utilizing the provisions of Article XIV, Planned Residential Development and Article XV, Transfer of Development Rights, to enable landowners within the R-2 Zone to elect to develop in a manner other than lot by lot, which will provide a greater variety in type, design and layout of dwellings and conservation of open space ancillary to such dwellings.
B.
Accordingly, the district incorporates a density standard which, among other things:
(1)
Provides for farm and medium- to high-density dwelling uses;
(2)
Permits development on a lot-by-lot basis but, through the use of the cluster and planned residential development options, encourages preservation of open space ancillary to such development and, by providing for increases in planned residential development density in return for acquisition of transferable development rights, fosters the preservation of agricultural use and a variety of housing types within the Township; and
(3)
Facilitates the conservation of agricultural and woodland areas, surface and underground water supplies and the control of soil erosion and surface water flooding.
C.
In the R-2, Residential District-2, the following regulations shall apply.
§ 122-27 Use regulations.
A.
Uses permitted by right. A building may be erected, altered or used and a lot or premises may be used, by right, for any of the following purposes and for no other:
(1)
Single-family detached dwelling.
(2)
Woodlands, game preserves or other conservation purpose.
(3)
Agricultural and nursery uses, in accordance with the provisions of farm regulations, § 122-93 of this chapter.
(4)
Golf course or other outdoor recreational use customarily located in natural woodland and rural areas, including a country club or similar club or lodge in conjunction with any permitted outdoor use, provided that:
(a)
The 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, pitch and putt course and like uses customarily carried on as businesses, shall be permitted.
(5)
Within those portions of the R-2 District designated as eligible for planned residential development on the PRD overlay, a planned residential development in accordance with Article XIV hereof.
(6)
Within those portions of the R-2 District designated as being within the historic area on the Historic Overlay, the regulations contained in Article VIII shall be applicable.
(8)
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 religious institution, 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)
Boardinghouse, lodging or rooming house.
(5)
Day-care center.
[Added 3-3-1986 by Ord. No. 86-01; amended 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 and procedures set forth herein and in § 122-119:
D.
Accessory 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 8-26-1984 by Ord. No. 84-04]
(3)
Private, noncommercial 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]
(7)
The sale of farm and nursery products in accordance with the provisions of § 122-94 of this chapter, Sale of farm products.
(8)
Providing bed-and-breakfast, as herein defined, to not more than four short-term (not more than 15 days) transient guests at any one time, provided that the requirements of § 122-103.1 are met.
[Added 7-7-1986 by Ord. No. 86-03; amended 6-5-1995 by Ord. No. 95-01]
(10)
An accessory apartment, provided that it is established in accordance with the standards set forth in § 122-13C(10).
[Added 4-10-2000 by Ord. No. 00-07]
§ 122-28 Area and bulk regulations; residential uses.
[Amended 3-7-1991 by Ord. No. 91-02; 11-21-1994 by Ord. No. 94-15; 4-10-2000 by Ord. No. 00-06; 3-26-2001 by Ord. No. 01-06; 12-15-2003 by Ord. No. 03-07; 11-19-2007 by Ord. No. 07-02; 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 one acre. In computing the net lot area, driveways (whether individual or common access) are not netted out; streets (whether public or private) are netted out.
C.
Front yard. There shall be a front yard of not less than 80 feet from the building line to the street line or 100 feet where the lot fronts on an arterial, collector or rural street.
D.
Side yards. For every principal building, there shall be two side yards which shall be not less than 50 feet in aggregate width and neither of which shall be less than 20 feet in width.
E.
Rear yard. For every principal building, there shall be a rear yard on each lot which shall be not less than 50 feet in depth, unless the lot is a reverse frontage lot, in which event the requirements of § 122-102B(1) shall apply.
F.
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 15 feet of any side or rear lot line or street line.
G.
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.
§ 122-29 Area and bulk regulations; nonresidential uses.
Every use permitted as of right in § 122-27A(2) through (4), and every use permitted by special exception in § 122-27B(1) through (3), shall comply with the area and bulk regulations specifically set forth in said subsections and as set forth in § 122-24.
§ 122-30 Design standards.
The following design standards shall be applicable to the respective use categories as indicated:
A.
Residential and agricultural permitted uses by right.
(1)
Parking: as required by § 122-102A(2) of this chapter.
(2)
Access and highway frontage: as required by § 122-102B(1) of this chapter.
B.
Recreational uses permitted by right and uses permitted by special exception.
(1)
Parking: as required by § 122-102A(1) of this chapter.
(2)
Access and highway frontage: as required by § 122-102B(1) of this chapter.