The following regulations shall apply to all RA Residential Agricultural Districts.

(Res. 24-95. Passed 2-13-95.)

   No structure or part thereof shall be erected, altered or used, and no land may be used, except for one (1) or more of the following purposes:

   (a)   General or specialized farming, truck gardening, greenhouses, nurseries, and fowl and rabbit raising, provided that no killing is done on the farm.

      (1)   On farms devoted to the housing or breeding of cattle, sheep or goats, no pen, corral or barn shall be closer than two hundred (200) feet from any side or rear property line or less than one hundred fifty (150) feet from any existing right-of-way, provided that the minimum side yard setback shall be reduced one (1) foot for each additional foot that the barn, pen or corral is set back from the existing right-of-way over one hundred fifty (150) feet, and provided, further, that the side yard setback shall not be reduced below seventy (70) feet.

      (2)   Barns and appurtenances thereto which are in existence at the time of the passage of this Zoning Code shall be excluded from the above setback requirements under the nonconforming use provisions of this Zoning Code.

      (3)   Farmers are permitted to pasteurize milk from their own farms as well as milk from other farms.

      (4)   The minimum land area required for the above purposes shall be ten (10) acres.

   (b)   The keeping of horses for recreational purposes shall be permitted in a Residential Agricultural District upon a land area of less than ten (10) acres, provided that such use is for the private personal use of the owner or lessee of such land, his or her family and friends, and does not constitute a commercial occupation or a public stable.

      (1)   No barn, pen or corral shall be located closer than two hundred (200) feet from all property lines or less than one hundred fifty (150) feet from all street right-of-way lines, provided that the minimum side yard setback shall be reduced one (1) foot for each additional foot that the barn, pen or corral is set back from the existing right-of-way over one hundred fifty (150) feet, and provided, further, that the side yard setback shall not be reduced below a minimum of seventy (70) feet.

      (2)   At least one (1) acre shall be provided for each horse kept, except that the number of horses now existing on each parcel where horses are presently kept for recreational purposes may be continued under the nonconforming use provisions of this Zoning Code, subject to all conditions therein.

      (3)   Foals born on parcels where horses are presently kept may be kept on such parcel for two (2) years even though such additional horses may increase the number of horses on such parcel beyond the one (1) horse per acre limitation, but in no case shall there be more than one (1) horse and one (1) foal per acre.

   (c)   Single-family detached dwellings.

   (d)   Home occupations.

   (e)   The keeping of not more than two (2) persons as boarders by a resident family, provided that no separate cooking facilities are provided and that separate dwelling units are not thus established.

   (f)   Accessory structures.

   (g)   On-site signs, as provided in Chapter 1292.

   (h)   Adult foster care family homes and adult foster care small group homes containing six (6) or fewer residents.

   (i)   Family day care homes.

(Res. 24-95. Passed 2-13-95.)

   Structures and parts thereof may be erected, altered or used, and land may be used, for one (1) or more of the following purposes, subject to the approval of the Planning Commission and subject to the conditional use provisions of Chapter 1262 and the design review provisions of Chapter 1263:

   (a)   Churches, synagogues, temples, public and parochial schools and colleges, public libraries, museums and art galleries.

   (b)   Municipal, County, State and Federal administration buildings, community center buildings and Municipal sanitary landfills.

   (c)   Fire stations and water towers when located at least fifty (50) feet from all property lines.

   (d)   Municipal, denominational and private cemeteries when occupying a site of at least twenty (20) acres and when all buildings are at least one hundred (100) feet from all property lines.

   (e)   Public parks, golf courses, country clubs, tennis courts and similar recreational uses (including restaurants when such use is conducted within an area accessory thereto, is an integral part thereof and is entered from within the main building) when all buildings are at least one hundred (100) feet from any property line.

   (f)   Swimming pools, as follows:

      (1)   Public and semipublic pools in compliance with the Michigan State Health Department regulations and these Codified Ordinances.

      (2)   Private pools in compliance with these Codified Ordinances.

   (g)   Public utility buildings, telephone exchange buildings, electric transformer stations and substations, gas regulation stations and railroad rights-of-way.

   (h)   Radio and television stations, subject to the following provisions:

      (1)   All buildings shall be at least fifty (50) feet from all property lines.

      (2)   All masts, towers, aerials and transmitters shall be at least a distance equal to the height of such structures from all property lines.

      (3)   All buildings shall conform with the character of the neighborhood in which they are located.

   (i)   Medical and dental clinics.

   (j)   Commercial activities located on farms and limited to the sale of produce on such farms.

   (k)   Airports or heliports.

   (l)   Private park and recreational areas, of at least twenty-five (25) acres in size, including a picnic area and picnic pavilion; softball and baseball diamonds; swimming, boating and ice sport facilities; amusement and other outdoor recreational sport activities, not including games of chance; camping sites for tents, campers and travel trailers, which shall be used only as private park and recreation facilities for the use of a tent or the parking of a camper or travel trailer for not more than fifteen (15) days; bath houses; lodges; and accessory or incidental local commercial structures or uses which are incidental to the above uses but not including the sale of beer, wine or spirits.

      (1)   The proprietor of the tent, camper and travel trailer park shall be deemed to be in violation of this Zoning Code if any person uses any tent or parks any camper or travel trailer in violation hereof.

      (2)   All camping sites for tents, campers and travel trailers shall have a central water supply system with potable water under pressure piped to within three hundred (300) feet of each trailer, tent or camper site and with fire hydrants available within three hundred (300) feet of each campsite. If a public water supply system is available within five hundred (500) feet of any portion of the land, then the water supply system shall be connected thereto.

      (3)   An enclosed toilet and sewage facility approved by the State and County Health Departments, with hot and cold running water, shall be available not farther than three hundred (300) feet from every campsite within the park. If a public sewer is available within five hundred (500) feet of any such park, the park sewerage system shall be connected thereto.

      (4)   No vehicle, tent, travel trailer or camper shall be allowed within the park except upon an approved camper site.

      (5)   The proprietor of any travel trailer, tent or camper park shall not permit any person not properly parked and registered upon an approved campsite within the park to use any facilities of the park.

      (6)   No travel trailer, tent, camper, vehicle or building, other than a single-family residence, shall be placed, parked or erected within one hundred (100) feet of any property line of a travel trailer, tent or camper park.

      (7)   No structure within such camping park shall have any office or other commercial facility connected thereto or to any part thereof, unless that office or commercial facility is specifically and only for the use of the users of the park and approved by the Planning Commission.

   (m)   Planned unit developments (PUD), subject to the conditions set forth in this chapter, found not to be detrimental to the public health, safety and general welfare of the occupants and the community.

   (n)   Cluster subdivisions, subject to the conditions set forth in Section 1268.14.

   (o)   Veterinary hospitals.

   (p)   Hospitals, sanitariums, clinics, nursing and rest homes and charitable institutions for human care, subject to the provisions of Section 1268.15.

   (q)   Temporary accessory apartments, subject to the following requirements as well as those required in Chapters 1262 and 1263:

      (1)   The temporary accessory apartment shall be located in an owner-occupied, single-family detached dwelling unit.

      (2)   The owner of the residence in which the accessory unit is created shall continuously occupy the primary dwelling unit on the premises, except for bona fide temporary absences, for the length of the permit.

      (3)   The temporary accessory apartment will be a complete, separate housekeeping unit that can be isolated from but still physically attached to the original unit.

      (4)   Only one (1) temporary accessory apartment can be created within a single-family house.

      (5)   A maximum of two (2) individuals may occupy the temporary accessory apartment, one (1) of which shall be at least fifty-five (55) years old or permanently and totally handicapped.

      (6)   The temporary accessory apartment shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a single-family detached dwelling. Any new entrances shall be located on the side or in the rear of the building, unless authorized by the Planning Commission, and any additions needed for the temporary accessory apartment shall not increase the square footage of the home by more than ten (10) percent.

      (7)   The temporary accessory apartment shall be clearly a subordinate part of the single-family detached dwelling. In no case shall it exceed thirty (30) percent of the building's total floor area, nor have a total area greater than eight hundred (800) square feet, nor have more than two (2) bedrooms, unless, in the opinion of the Planning Commission, a greater or lesser amount of floor area is warranted by the circumstances of the particular building.

      (8)   The design and size of the temporary accessory apartment conforms to all applicable standards in health, building, and other codes.

      (9)   At least three (3) off-street parking spaces (including garages) are available for use by the owner-occupant(s) and the resident of the accessory apartment.

      (10)   Whenever possible, temporary accessory apartments should be designed and arranged to facilitate access and mobility for disabled persons. The Planning Commission may allow reasonable deviation from the stated requirements and conditions, where necessary.

      (11)   The Planning Commission may require any other appropriate or more stringent conditions as are deemed necessary by the Commission to protect the public health, safety, and welfare, as well as the single-family character of the neighborhood.

      (12)   The Building Official shall review each approved temporary accessory apartment once every two (2) years to ensure compliance with these regulations and to ensure that a need for the temporary accessory apartment still exists.

   (r)   Bed and breakfast facilities subject to the following as well as Chapters 1262 and 1263:

      (1)   Not more than twenty-five (25) percent of the total floor area of the dwelling unit shall be used for bed and breakfast sleeping rooms.

      (2)   There shall be no separate cooking facilities used for the bed and breakfast stay.

      (3)   The property (exterior structure architecture and landscaping) shall be maintained in a manner that is consistent with the residential single-family character of the neighborhood, except as required to meet health, safety, and sanitation requirements.

      (4)   In residential areas, a maximum of four (4) bed and breakfast sleeping rooms shall be provided.

      (5)   Occupancy by guests shall be restricted to from one (1) to seven (7) days.

      (6)   One (1) additional off-street parking space shall be provided for each guest room on-site; said parking shall not be permitted within a required front yard.

      (7)   No bed and breakfast operation shall be located on a lot closer than five hundred (500) feet from another lot containing a bed and breakfast operation.

      (8)   Rooms used for sleeping shall be part of the primary residential dwelling and shall not have been specifically constructed for rental purposes.

   (s)   Adult foster care small group homes consisting of seven (7) to twelve (12) residents, subject to the following:

      (1)   A State-licensed adult foster care facility shall be not be located within fifteen hundred (1,500) feet of another similar State-licensed facility.

      (2)   One (1) on-site parking space shall be provided for each employee in addition to the parking required in Chapter 1290 for the dwelling unit.

      (3)   A loading/unloading area of adequate dimensions shall be provided for delivery vehicles servicing the facility.

      (4)   All exterior lighting of entryways, parking spaces, or loading/unloading areas shall not reflect onto adjacent properties and, preferably, should be motion activated.

      (5)   If the proposal does not meet any of the above criteria, a variance may be sought according to the procedures outlined in this Zoning Code.

      (6)   Such facilities shall not be subject to the landscaping requirements of this Zoning Code.

   (t)   Group day care homes, subject to the following:

      (1)   A group day care home shall not be located closer than fifteen hundred (1,500) feet to any of the following facilities as measured along a street, road or other public thoroughfare, excluding any alley:

         A.   Another licensed group day care home.

         B.   An adult foster care large group home licensed by the State of Michigan.

         C.   A facility offering substance abuse treatment and rehabilitation services to seven (7) or more people which is licensed by the State of Michigan.

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

      (2)   All outdoor play areas shall be enclosed by a non-climbable fence that is at least forty-eight (48) inches high.

      (3)   The property (landscaping and architecture) shall be maintained in a manner that is consistent with the character of the neighborhood.

      (4)   One (1) identification sign shall be permitted. Such sign face shall not be greater than two (2) square feet, shall be mounted flush to a wall, made of a material that is compatible with the dwelling unit, and shall not be illuminated. Sign text shall be limited to the name of the day care operator and an address.

      (5)   One (1) off-street parking space shall be provided for each non-family employee of the group day care home in addition to the parking normally required for the residence in Chapter 1290. A driveway may be used to fulfill this requirement.

      (6)   Hours of operation shall not exceed sixteen (16) hours in a twenty-four (24) hour period, and activity shall be limited between the hours of 10:00 p.m. and 6:00 a.m.

(Res. 24-95. Passed 2-13-95.)

   (a)   The minimum required land area for a planned unit development shall be sixty (60) contiguous acres. The developer shall provide within the planned unit development a sanitary sewage system which shall be of sufficient size and design to collect all sewage from all present and proposed structures in the planned unit, shall connect with the City's system, and shall be otherwise constructed and maintained in conformity with the statutes, ordinances and regulations of the State, the County Health Department, the County Drain Commissioner's office and the City.

   (b)   The developer shall provide within the planned unit development a storm drainage system which shall be of sufficient size and design as will, in the opinion of the City Engineer, collect, carry off and dispose of all predictable surface water run-off within the development and any adjoining tributary area, and shall be so constructed as to conform with the statutes, ordinances and regulations of the State, the County Health Department, the County Drain Commissioner's office and the City.

   (c)   The developer shall provide within the planned unit development a water distribution system which shall be of sufficient size and design to supply water to each of the structures to be erected in the development. Such system shall connect to the City's water supply system.

      (1)   The developer shall provide a fire hydrant within three hundred (300) feet of each structure.

      (2)   Water systems shall conform to the statutes, ordinances and regulations of the State, the County Health Department, the County Drain Commissioner's office and the City.

(Res. 24-95. Passed 2-13-95.)

   The permitted and conditional uses of the A-1, A-2, A-3, and B-1 Districts shall be permitted in planned unit developments.

(Res. 24-95. Passed 2-13-95.)

   (a)   Area Limitations for Various Uses. Within a planned unit development, the following percentages of the total land area shall be devoted to the specified uses:

      (1)   A maximum of eighty (80) percent shall be used for residential use. Land devoted to residential use shall be deemed to include those streets, alleys, parking areas, private open spaces and courts which abut and service primarily residences or groups of residences, but it shall not include useable open space which is available for use by the general public or by persons who do not live in the residences or groups of residences immediately adjacent to it, unless otherwise provided herein.

      (2)   A maximum of twenty (20) percent shall be used for nonresidential uses and required parking, provided that open air recreational uses, other open space uses and land devoted to streets shall not be included in determining nonresidential use.

      (3)   A minimum of twenty (20) percent shall be used for open air recreational uses and other useable open space.

      (4)   "Useable open space," as used herein, means an open area designed and developed for common use by the occupants of the development or by others for recreation (whether commercial, private or public), courts, gardens or household service activities such as clothes drying, which space is effectively separated from automobile traffic and parking and is readily accessible. The term shall not include space devoted to streets and parking.

   (b)   Residential Density. The density of residences shall not exceed six (6) units per acre of land within the development which is devoted to residential use and useable open space.

(Res. 24-95. Passed 2-13-95.)

   There shall be no minimum lot size, no minimum setbacks, no minimum percentage of lot coverage and no minimum lot width for any unit in planned unit developments. However, areas of single-family and/or townhouse structures, which are to be sold and for which the care and maintenance of the grounds and exteriors associated with such structures will be the responsibility of the purchaser of such structure or parts of such structures, shall be platted with applicable and recordable provisions of the Subdivision Regulations. For purposes of determining overall densities within the planned unit development, the number of units located in such platted areas shall be included.

(Res. 24-95. Passed 2-13-95.)

   The height of any structure within a planned unit development shall be related to the location of the structure such as to equal the distance to any adjacent property line. However, height limitation shall be related to the fire-fighting capabilities of the City. Further, this section does not affect any structure less than thirty-five (35) feet in height.

(Res. 24-95. Passed 2-13-95.)

   The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent structures or to existing or prospective development of the neighborhood. Every single-family dwelling shall have access to a public street, court, walkway or other area dedicated to public use. No structure and no group of structures (such as semi-detached dwellings or a row of townhouses) shall be erected within twenty-four (24) feet of any other structures or group of structures.

(Res. 24-95. Passed 2-13-95.)

   Open spaces between structures, including those spaces being used as public or private recreational areas, shall be protected by adequate covenants running with the land or by conveyances or dedication, as the Planning Commission specifies.

(Res. 24-95. Passed 2-13-95.)

   The dimensions and construction of roads, alleys and parking areas within the planned unit development, whether or not dedication of them to the City is contemplated, shall conform with all applicable State and County regulations and these Codified Ordinances.

(Res. 24-95. Passed 2-13-95.)

   The minimum floor space of dwelling units in a planned unit development, exclusive of garages, carports, crawl spaces, porches and breezeways, shall be in accordance with the following table:

*This square footage requirement represents the minimum living space per dwelling unit, exclusive of furnace and utility rooms, attics, stairwells and any floor area below grade.

(Res. 24-95. Passed 2-13-95.)

   (a)   Before any conditional use permit or building permit is issued for land or a building in a planned unit development, the developer shall obtain approval from the Planning Commission of an overall plan for development of the land. For this purpose, he or she shall submit to the Commission a plan prepared by a registered community planner or a registered architect which shall:

      (1)   State the acreages to be devoted to specific uses.

      (2)   Set forth the proposed density of dwelling units.

      (3)   Include a major thoroughfare plan and a public utility plan.

      (4)   Include a separate plan showing the location of parks, open recreation areas and other open spaces, schools and other public or community uses.

   (b)   The criteria for approval of any planned unit development shall be those which are included within the conditional use permit review procedures in Sections 1262.02 and 1262.03. These criteria shall include the desirability of the planned unit development's design in terms of traffic safety, health, and drainage.

   (c)   If the plan is approved by the Commission, the developer shall thereafter submit a detailed plan, containing all the information required by this Zoning Code, for any part or section of the land for which he or she expects to seek subdivision approval in the immediate future.

      (1)   The Commission shall review the detailed plan to determine that it complies with this Zoning Code and with the overall plan originally submitted by the developer.

      (2)   No building permit shall be issued until after approval of the detailed plan for the section in which the proposed structure is located.

      (3)   Approval of any detailed plan shall lapse unless construction is started in that section within one (1) year.

      (4)   No conveyance of land within the development shall be made until the developer has complied with all City regulations.

(Res. 24-95. Passed 2-13-95.)

   Cluster subdivisions permitted under Section 1268.03(n) shall be subject to the following conditions:

   (a)   The proposed subdivision shall consist of a tract of land at least twenty (20) acres in area.

   (b)   The application shall be endorsed unequivocally for such development by all the owners of the tract, and procedures and documents shall be provided to assure development under a single administration and as approved by the Planning Commission.

   (c)   Residential densities shall be not less than twenty-five thousand (25,000) square feet per dwelling unit based upon the total land area.

   (d)   The developer shall dedicate not less than twenty (20) percent of the total land area for parks, woodlands, conservation districts, playgrounds, golf courses, tennis courts or other open space areas, such as to encourage the preservation of natural features or for public (streets not included) or semipublic use. Such land may be dedicated to the City or may be reserved for private use, in which case satisfactory arrangements shall be made, acceptable to the City, for the development, operation and maintenance of all such areas. Affirmative action by Council is required for the acceptance of any land dedicated to the City.

      (1)   The location, extent and purpose of areas dedicated for open space or recreational use within any subdivision shall be approved by the Commission and Council.

      (2)   The development, operation and maintenance of dedicated land for private open space or recreational use shall be guaranteed by a trust indenture approved by the City and shall be filed with the County Register of Deeds simultaneously with the recording of the final plat of the subdivision.

(Res. 24-95. Passed 2-13-95.)

   Hospitals and related uses permitted under Section 1268.03(p) shall be subject to the following:

   (a)   The area accommodating any one (1) of these uses shall not be less than one (1) acre.

   (b)   All buildings, including accessory buildings, shall be located at least fifty (50) feet from all property lines.

   (c)   The height of any structure shall be related to the location of the structure so as to equal the distance to any adjacent property line. However, the height limitation shall be related to the fire-fighting capability of the City.

   (d)   The area must be completely surrounded with screen planting and landscape development, the ultimate height of which shall not be less than six (6) feet. Such planting may be within the above specified setbacks.

   (e)   Ingress and egress to the area must be located in such a manner so as to provide maximum safety to the public utilizing this facility and the public streets. Such ingress and egress shall be hard-surfaced and properly drained.

(Res. 24-95. Passed 2-13-95.)

   Off-street parking areas, and loading and unloading areas, as required in Chapter 1290, shall be provided.

(Res. 24-95. Passed 2-13-95.)

   Minimum lot area shall be twenty-two thousand (22,000) square feet, except as otherwise provided or required. The depth of lots platted after the date of enactment of this Zoning Code shall not be three (3) times longer than their width, which shall be a minimum of one hundred ten (110) feet.

(Res. 24-95. Passed 2-13-95.)

   There shall be a front yard having a minimum depth of forty (40) feet.

(Res. 24-95. Passed 2-13-95.)

   Side yards adjacent to an existing street or road shall be a minimum of forty (40) feet. If there is no right-of-way adjacent to the side yard, no residential structure shall be located closer than twenty (20) feet from the side property line.

(Res. 24-95. Passed 2-13-95.)

   No structure or appurtenance thereto shall be closer than fifty (50) feet from any rear lot line, except as otherwise provided in this chapter.

(Res. 24-95. Passed 2-13-95.)

   No structure or part thereof shall be erected to a height exceeding two and one-half (2-1/2) stories or twenty-five (25) feet, except farm buildings and essential service structures, unless otherwise provided in this chapter.

(Res. 24-95. Passed 2-13-95.)

   Floor space, exclusive of garages, carports, crawl spaces, porches and breezeways, shall be in accordance with the following table:

   *This square footage requirement represents the minimum living space per dwelling unit, exclusive of furnace and utility rooms, attics, stairwells and any floor area below grade.

(Res. 24-95. Passed 2-13-95.)

   The maximum percentage of lot building coverage in a Residential Agricultural District shall be ten (10) percent.

(Ord. 99-1. Passed 3-22-99.)