Clinton Charter Township
City Zoning Code
City Zoning Code
CHAPTER 1258
R-1 Through R-5 One-Family Residential Districts
1258.01 PURPOSE.
R-1 through R-5 Residential Districts are designed to provide for one-family dwelling sites and residentially-related uses in keeping with the existing low-density character and the Master Plan for residential development in the Township of Clinton.
(Ord. 260-A-265. Passed 9-7-95; Ord. Passed 10-30-23.)
1258.02 PRINCIPAL USES PERMITTED.
In a One-Family Residential District (R-1 through R-5), 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 Zoning Code. These uses may be subject to additional standards as specified in Chapter 1293 Use Standards:
(a) One-family detached dwellings.
(b) Publicly-owned and operated libraries, parks, parkways and recreational facilities.
(c) Colleges, universities and other such institutions of higher learning, public or private, offering courses in general, technical or religious education and not operated to train manual trades or for profit
(d) Public, parochial and other private elementary, intermediate and/or high school offering courses in general education and not operated for profit.
(e) Municipal buildings and uses.
(f) State-licensed residential facilities.
(g) Models of one-family detached dwellings, with accessory sales offices.
(h) Publicly-owned buildings, public utility buildings, telephone exchange buildings and repeater stations, electric transformer stations and substations, and gas regulator stations.
(i) Swimming pool and club houses, when incorporated as a nonprofit club or organization maintaining a swimming pool for the exclusive use of members and their guests.
(j) Manufactured home dwellings, subject to the following conditions:
(1) All requirements of pertaining to one-family dwellings, shall be required of manufactured home dwellings.
(2) The manufactured home shall be aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six inches on all sides or, alternatively, with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling. It shall have not less than two exterior doors, with the second door being on either the rear or side of the dwelling, and shall contain steps connected to said exterior door areas or to porches connected to said exterior door areas where a difference in elevation requires the same.
The compatibility of design and appearance shall be determined, in the first instance, by the Department of Building upon review of the plans submitted for a particular dwelling, subject to appeal, by any party, to the Board of Appeals within a period of 15 days from receipt of notice of decision by the Department of Building.
Determination of compatibility shall be based upon the character, design and appearance of residential dwellings located outside of mobile home parks within 300 feet of such particular dwelling. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour or relief from the common or standard-designed home.
(3) The manufactured home shall comply with all construction standards and all plumbing, electrical and insulation requirements of Mobile Home Construction and Safety Standards, as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, as amended.
(4) Any on-site improvements or construction required herein shall be commenced only after a building permit has been obtained from the Township Department of Building.
(5) All manufactured homes must be permanently fastened to a minimum eight-inch wide masonry foundation, which is continuous around the perimeter of the unit to a depth of at least 42 inches below ground surface, with anchors placed every six feet. In no instance shall concrete piers, concrete blocks without a footing or other type of foundation be permitted. The wheels shall be removed and the underside or chassis of the mobile home shall be completely enclosed by the poured concrete, block or brick foundation.
(6) A five-foot wide concrete sidewalk, located one foot from the property line on the side of the roadway, shall be required along the entire width of the property, unless the Township Board grants a waiver to this requirement.
(k) Medical Marijuana Cultivation, Growth, Storage, Exchange and Processing.
(1) The growth cultivation, processing storage and exchange of medical marijuana by a qualifying patient or by a primary caregiver as defined pursuant to State law including M.C.L.A. 333.26423 and any subsequent amendment or replacement, shall be permitted only in single-family or multi-family zoning districts within a single-family dwelling which is owned or rented and occupied by the qualifying patient or primary caregiver for their residential use.
(2) The foregoing activities shall be in full compliance with all applicable Township ordinances and other applicable state and county laws and shall not occupy more than 25% of the usable area as measured by interior floor space of the dwelling unit excluding the basement square footage, or 200 square feet whichever is less.
(3) Provisionary centers or dispensaries where marijuana is exchanged for a qualified patient or 250 square feet for a primary caregiver between qualified patients or caregivers are unlawful. Exchanges between qualified patients and caregivers may only occur at the principal home residence of the primary caregiver or qualifying patient. Exchanges between 9:00 p.m. and 8:00 a.m. are prohibited.
(l) Accessory uses customarily associated with an above permitted principal use..
(m) Home occupations, activities and hobbies traditionally or customarily conducted within the walls of a dwelling unit, subject to the following conditions:
(1) The use is conducted only by permanent residents of the dwelling.
(2) The use is wholly confined to the interior of the dwelling and does not include attached or detached garages or other accessory structures.
(3) No article or service, other than that which is produced by such home occupation, shall be sold or offered for sale on the premises.
(4) Such occupation shall not require internal or external alteration or construction to the dwelling, or equipment or machinery, not customary to a residential use.
(5) Such occupation is incidental to the residential use to the extent that not more than 20% of the floor area of the principal building shall be engaged by such home occupation.
(6) No sign advertising the home occupation shall be displayed on the premises.
(7) Such use does not generate traffic or a need for parking beyond that required for the dwelling unit, nor shall such use create any external effect not normally associated with a single-family use.
(o) Churches.
(p) Swimming pools, located either above or below grade intended for swimming or bathing, having a depth of two feet or more at any point.
(r) Group daycare home.
(s) Adult foster care home.
(Ord. 260-A-58. Passed 8-22-83; Ord. 260-A-265. Passed 9-7-95; Ord. 260-A-292. Passed 8-18-97; Ord. 260-A-431. Passed 6-25-07; Ord. 260-A-441. Passed 8-10-09; Ord. 260-A-467. Passed 9-25-17; Ord. Passed 10-30-23.)
1258.03 USES REQUIRING SPECIAL APPROVAL.
The following uses may be permitted within the R-1 through R-5 Districts, subject to the requirements and conditions set forth in Chapter 1293:
(d) Commercial television and radio broadcasting towers and cellular telephone antennae, subject to conditions in 1293.01(a)(71).
(Ord. 260-A-221. Passed 1-20-92; Ord. 260-A-277. Passed 9-30-96. Ord. Passed 10-30-23.)
1258.04 OPEN STORAGE OF VEHICLES.
(a) The open storage or parking of vehicles on one-family residential zoned land shall be subject to the following provisions:
(1) Parking or storing of operable and licensed private passenger vehicles may be permitted when the vehicle is used and/or licensed by the family or person occupying the principal use. The parking or storing of inoperative vehicles is prohibited. The term "licensed private passenger vehicles" shall not include conveyances or vehicles equipped for living or camping purposes, nor conveyances or vehicles capable of transporting more than ten passengers.
(2) Recreational vehicles, including, but not limited to, boats, personal watercraft, snowmobiles, truck campers, travel trailers, motor homes and utility trailers (as well as their trailers for carriage or storage) may be stored or parked on any lot or parcel in the R or RT Residential Districts subject to the following requirements:
A. Recreational vehicles stored or parked shall not have fixed connections to electricity, water, gas or a sanitary sewer, and at no time shall such vehicles be used for living, sleeping or housekeeping purposes.
B. Recreational vehicles not stored or parked in a garage shall be stored or parked in a rear yard or non-required side yard, provided that the minimum required side yard shall be maintained from the vehicle to the side lot line.
C. Other than in an enclosed building, no person shall park or store more than two recreational vehicles upon any R or RT residential lot or parcel. Vehicles used in conjunction with one another, such as a boat mounted on a trailer, shall be considered one recreational vehicle.
D. Recreational vehicles may occupy a required side yard or front yard for a period not to exceed 48 hours for loading and unloading purposes, provided that such location does not obstruct the view of driveways from vehicular or pedestrian traffic.
E. The storage or parking of recreational vehicles on a residential lot or parcel for more than 48 hours shall be limited to only those vehicles owned by, and licensed or registered to, the occupant of the residential lot or parcel on which the vehicle is parked or stored.
F. The recreational vehicle must be fully operable, insured, readily movable, kept in good repair, and must display the current license plate and/or registration, if required by the State of Michigan.
G. Recreational vehicles must be parked or stored on a storage pad, constructed of either concrete, asphalt, patio blocks, stone, gravel or similar materials, and shall be of sufficient size to be totally under the vehicle. The storage pads shall be constructed and maintained in order to properly hold the vehicle, and to prohibit the possibility of any vegetation growing under the vehicle.
H. No person shall park or store any recreational vehicle upon any public property, including the planting area between the sidewalk and the curb, sidewalks, rights-of-way and public streets, except for the purpose of loading and unloading, as specified in paragraph (a)(2)D. hereof.
(3) In residential areas, storage or parking of no more than one commercial vehicle of a rated capacity not exceeding three-quarter ton is permitted.
(4) In the case of multiple-family developments, the Planning Commission and Township Board, after site plan review, may require a screened area, in addition to required off-street parking spaces, for the parking or storage of recreation vehicles within the site.
(5) A. Definition of parking. "Parking means to put or leave, for a period of time, a motor vehicle upon land unattended by an operator thereof.
B. Definition of storage. "Storage" means to put or leave, for future use, a motor vehicle upon land unattended by the operator thereof.
(Ord. Passed 10-30-23.)
1258.05 HEIGHT, BULK, AREA, DENSITY AND SETBACK REQUIREMENTS.
All lots and buildings shall meet the following dimensional requirements:
Minimum Size Lot Per Unit | Maximum Height of Building | Minimum Yard Setback (Per Lot in Feet) | Minimum Floor Area Per Unit (sq. ft.) | |||||
Use Districts | Area (sq. ft.) | Width (ft.) | In Stories | In Feet | Front | Side | Rear
| |
R-1 | 15,000 | 100 | 2 | 35 | 30b | 10c | 40 | 1,600d,e |
R-2 | 12,000 a | 90 | 2 | 35 | 30b | 10c | 40 | 1,500d,e |
R-3 | 9,600a | 80 | 2 | 35 | 25b | 8c | 35 | 1,400d,e |
R-4 | 8,400a | 70 | 2 | 35 | 25b | 8c | 35 | 1,300d,e |
R-5 | 7,800a | 65 | 2 | 35 | 25b | 8c | 35 | 1,200d,e |
Figure 1. R-1 Dimensional Standards Diagram:
Figure 2. R-2 Dimensional Standards Diagram:
Figure 3. R-3 Dimensional Standards Diagram:
Figure 4. R-4 Dimensional Standards Diagram:
Figure 5. R-5 Dimensional Standards Diagram:
FOOTNOTES TO SCHEDULE OF REGULATIONS CHART
(a) The minimum land area requirement per residential structure in those areas with neither Township Board approved public sewer nor water systems shall be at least 15,000 square feet. When either approved system is available, the minimum lot area shall be at least 12,000 square feet.
(b) Where the front yards of two or more permitted principal structures in any block in existence on the effective date of this Zoning Code, within the district zoned and on the same side of the thoroughfare, are less than the required minimum front yard, any building subsequently erected on that side of the thoroughfare shall not be less and need not be greater than the average depth of the front yards of said two or more buildings. All required front yard setbacks shall be measured from the proposed right-of-way lines of abutting thoroughfares as designated on the Master Plan for Future Land Use of 1990, as amended.
(c) The side yard abutting a thoroughfare shall not be less than ten feet when there is a common rear yard. In the case of a rear yard abutting a side yard of an adjacent lot, the side yard abutting the street shall not be less than the required front yard of the district. Except as otherwise provided herein, uses permitted subject to special conditions shall have each side yard at least equal to the height of the building. Lots of record platted prior to July 9, 1979, having 64 feet of width or less at the building line shall provide minimum side yards totaling 12 feet with the least side being three feet. Lots of record platted prior to July 9, 1979, having 65 to 74 feet of width at the building line shall provide minimum side yards totaling 15 feet, with the least side being five feet.
(d) In any one-family dwelling having more than one level, at least one level shall provide a minimum of 800 square feet of living space. A basement, as defined in Section 1250 shall not be considered a level. A one-family dwelling, constructed without a basement, shall provide an additional 150 square feet to the minimum floor area requirements to provide space for utilities such as, but not limited to, a furnace, water heater, laundry tub, and the like. Storage space shall be provided by means of an attic, basement, shed, garage or utility area equal to at least 15% of the total floor area of the structure. The floor area of an attached garage shall not exceed the area of the first floor of the principal dwelling unit and shall not exceed 1,500 square feet in any case.
(e) Each residential dwelling in the R and RT Districts shall be a minimum width of 24 feet, exclusive of attached garage, if any, measured from exterior corner to exterior corner of the front portion of the building facing the abutting street.
(Ord. 260-A-58. Passed 8-22-83; Ord. Passed 10-30-23.)