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Dimondale City Zoning Code

CHAPTER 1268

R-1A One-Family Rural Residential District

1268.01 PURPOSE.

   (a)   The R-1A One-Family Rural Residential District is established to allow for the development of residential properties of a semi-rural character with larger lots within areas of the Village and to provide for limited agricultural uses. The District includes existing low density one-family properties as well as areas within which such development appears both likely and desirable.
   (b)   (1)   In order to avoid the intrusion of undesirable uses and to foster all possible benefits for a continued high quality residential environment, all nonresidential land and structure uses in the District, as well as other residential districts in this Zoning Code have been classified into three categories:
         A.   Those uses permitted by right;
         B.   Those uses permitted under special conditions;
         C.   Those uses permitted by special permit.
      (2)   The latter classification has been established to facilitate the inclusion within the District of certain nonresidential uses that have been generally accepted as reasonably compatible with one-family neighborhoods, but that present potential injurious effects upon residential and other property, unless authorized under specific and controlled conditions.
(Ord. 89. Passed 4-10-72; Ord. 2010-5. Passed 1-10-11.)

1268.02 USES PERMITTED BY RIGHT.

   The following uses shall be permitted by right:
   (a)   One-family dwellings;
   (b)   Customary accessory uses and buildings provided that such uses and buildings are incidental to the principal use. Any accessory building or use shall be located on the same lot with the principal building. Accessory uses shall include additional supplementary uses, including accessory buildings, as stipulated in Section 1294.06.
   (c)   Nameplates and signs as provided in Section 846.04;
   (d)   Off-street spaces as specified in Chapter 1288; and
   (e)   Family day care homes and adult foster care family homes.
(Ord. 2003-7. Passed 1-12-04; Ord. 2009-7. Passed 12-14-09; Ord. 2010-5. Passed 1-10-11.)

1268.03 USES PERMITTED UNDER SPECIAL CONDITIONS.

   The following uses of land and structures shall be permitted, subject to the conditions hereinafter imposed for each use:
   (a)   Temporary buildings for uses incidental to construction work, such buildings to be removed upon the completion or abandonment of the construction work or within the period of one year, whichever is the lesser time period;
   (b)   Customary agricultural operations, including raising crops, truck farming, fruit orchards, nurseries, greenhouses, apiaries and usual farm buildings, but subject to the following restrictions:
      (1)   Farm buildings, except as noted below, shall be located no closer than 25 feet to any lot line and must be placed in the rear yard.
      (2)   Slaughtering of large animals is prohibited without a special use permit.
      (3)   No products shall be publicly displayed or offered for sale from the roadside except as provided in Section 1287.07.
   (c)   Raising and keeping of large animals, such as cattle, hogs, horses, sheep and goats, subject to the following conditions:
      (1)   All such raising and keeping shall be for the use or consumption by the occupants of the premises or for not-for-profit raising such as the breeding of critical or threatened breeds.
      (2)   A minimum of 5 acres shall be provided for the first animal and 1 additional animal may be kept for every 2 acres by which the lot exceeds 5 acres.
      (3)   Private stables and buildings housing farm animals shall not be closer to any adjoining lot line than 100 feet and must be placed in the rear yard.
      (4)   No storage of manure or odor or dust producing materials or use shall be permitted within 100 feet of any adjoining lot line except for the application of composted manure.
   (d)   Raising and keeping of small animals such as poultry and rabbits on a noncommercial basis subject to the following conditions:
      (1)   All such raising and keeping shall be for the use or consumption by the occupants of the premises or for not-for-profit raising such as the breeding of critical or threatened breeds.
      (2)   No more than 4 small animals are allowed on lots of less than 5 acres. Up to 10 small animals are allowed on lots of 5 acres or more. Roosters are prohibited.
      (3)   Enclosures, covered or fenced, for small animals shall not be closer to any adjoining lot line than 10 feet and must be placed in the rear yard.
      (4)   All enclosures for the keeping of small animals shall be so constructed as to prevent rats, mice or other rodents from being harbored underneath or within. A covered or fenced enclosure shall not be located closer than 40 feet to any residential structure on an adjoining lot.
      (5)   All feed and other items associated with the keeping of small animals that are likely to attract rats, mice or other rodents shall be protected in a closed container to prevent vermin from gaining access.
      (6)   Manure must be managed in a sanitary method so that no odor is perceptible beyond the property keeping the animals. The Village municipal trash service may not be used for disposal of manure and any storage must be in a closed container.
   (e)   Private swimming pools, provided that every person owning land on which there is situated a swimming pool, complies with the requirements set forth in the State of Michigan Building Code as enforced through Eaton County.
   (f)   Customary home occupations, provided that the requirements set forth in Chapter 1287 are met.
( Ord. 2004-2. Passed 12-13-04; Ord. 2008-2. Passed 2-11-08; Ord. 2009-7. Passed 12-14-09; Ord. 2010-5. Passed 1-10-11.)

1268.04 USES PERMITTED BY SPECIAL USE PERMIT.

   The following uses of land and structures may be permitted by the application for and the issuance of a special use permit, when the specified procedures and requirements, as outlined hereinafter, are complied with:
   (a)   Institutions for Human Care.
      (1)   Definition. “Institutions for human care” include hospitals, sanitariums, nursing or convalescent homes, homes for the aged, philanthropic and eleemosynary institutions.
      (2)   Excluded activities. Institutions for the mentally retarded and physically handicapped, drug or alcohol rehabilitation camps or correctional institutions are prohibited in any residential district.
      (3)   Regulations and conditions. The following specific provisions and requirements shall apply in addition to the specific zoning district requirements, parking requirements as set forth in Chapter 1288, and sign requirements as set forth in Chapter 846:
         A.   Minimum lot size: Two acres except for hospitals, which shall require 10 acres.
         B.   Minimum yard setbacks: 50 feet, except that hospitals which are two stories or greater shall be set back 100 feet to any street or property line.
         C.   Maximum building coverage: 25%.
         D.   Ambulance and delivery areas are to be screened from view from adjacent residential uses and districts with a masonry wall which is 6 feet in height.
         E.   The site shall have access on a public street as defined in this zoning code.
   (b)   Religious Institutions.
      (1)   Definition. “Religious institutions” shall include churches or similar places of worship, convents, parsonages and parish houses and other housing for clergy.
      (2)   Regulations and conditions. The following specific provisions and requirements shall apply in addition to the specific zoning district requirements, parking requirements as set forth in Chapter 1288, and sign requirements as set forth in Chapter 846:
         A.   Minimum lot size: For institutions providing worship services to the public, the minimum lot size shall be one acre plus 0.5 acres for every 100 seats in the main area. For residential uses, district regulations shall govern.
         B.   Minimum yard setbacks: 50 feet.
         C.   Maximum building coverage: 25%.
         D.   The site shall have access on a major street as defined in this Zoning Code unless the use is exclusively residential.
   (c)   Educational and Social Institutions.
      (1)   Definition. “Educational and social institutions” shall include public and private schools, auditoriums and other places of assembly, centers for social activities.
      (2)   Excluded uses. Schools or studios for music and dancing instructions are not permitted in any residential district.
      (3)   Regulations and conditions. The following specific provisions and requirements shall apply in addition to the specific zoning district requirements, parking requirements as set forth in Chapter 1288, and sign requirements as set forth in Chapter 846.
         A.   Minimum lot size: 2 acres.
         B.   Minimum yard setbacks: 50 feet.
         C.   Maximum building coverage: 25%.
   (d)   Public Buildings and Public Service Installations.
      (1)   Definition. “Public buildings and public service installations” include publicly owned and operated buildings, public utility buildings and structures, telephone exchange buildings, transformer stations and substations and gas regulator stations.
      (2)   Regulations and conditions. The following specific provisions and requirements shall apply in addition to the specific zoning district requirements, parking requirements as set forth in Chapter 1288 and sign requirements as set forth in Chapter 846.
         A.   Maximum building coverage: 30%
         B.   All mechanical equipment located in the open must be fenced and screened from view from adjacent residential uses and districts.
   (e)   Group Day Care Homes and Adult Foster Care Small and Large Group Homes.
      (1)   Definition. See Section 1260.07.
      (2)   Regulations and conditions. The following specific provisions and requirements shall apply in addition to the specific zoning district requirements, parking requirements as set forth in Chapter 1288, and sign requirements as set forth in Chapter 846.
         A.   The group home shall not be located closer than 1,500 feet to another group home.
         B.   Appropriate fencing, as determined by the Planning Commission must be provided.
         C.   The property must be maintained consistent with the visible characteristics of the neighborhood.
         D.   Hours of operation for group day care homes may not exceed 16 hours during a 24-hour period.
   (f)   Farms and agricultural operations which exceed the intensity of uses described in Section 1268.03.
      (1)   Definition. See Section 1260.07.
      (2)   Regulations and conditions. The following specific provisions and requirements shall apply in addition to the specific zoning district requirements described in Section 1268.03, parking requirements as set forth in Chapter 1288 and sign requirements as set forth in Chapter 846.
         A.   Minimum lot size: More than 5 acres.
         B.   Maximum building coverage: 25%.
         C.   A complete plan for the use and management of the property, including but not limited to, the number and type of animals raised, the crops cultivated, the number and location of accessory buildings and storage facilities and a description of all proposed farming operations must be included with the application for a special use permit. A description of the proposal's compliance with Generally Accepted Agricultural and Management Practices as described in Act PA93 of 1981 is also required.
   (g)   Killing and dressing of large animals produced upon the premises for consumption by the occupants of the premises.
   (h)   Private noncommercial recreation areas, such as private nonprofit swimming pool clubs, community recreation centers or other noncommercial recreation activities.
   (i)   Special open space uses.
      (1)   Definition. Special open space uses include public beaches, bath houses, private resorts, recreational camps, public and private conservation areas and structures for the conservation of water, soils, open space, forest and wildlife resources; public areas, such as forest preserves, game refuges, forest-type recreation parks and similar public uses of low intensity character and other open space uses operated for profit; and
      (2)   Regulations and conditions. The following specific provisions and requirements shall apply in addition to the specific zoning district requirements, parking requirements as set forth in Chapter 1288 and sign requirements as set forth in Chapter 846:
         A.   Minimum lot size: 2 acres;
         B.   Maximum building coverage: 25%;
         C.   The proposed site shall have at least 1 property line abutting a major or minor arterial. All ingress and egress to the site shall be directly from said arterials; and
         D.   All buildings and structures shall be set back at least 200 feet from any property or street line. Whenever the installation abuts upon property within a residential district, this 200-foot setback shall be landscaped with trees, grass and structural screens of a type approved by the Planning Commission to effectively screen the installation from surrounding residential properties.
(Ord. Unno. Passed 9-13-76; Ord. 2001-8. Passed 11-12-01; Ord. 2003-7. Passed 1-12-04; Ord. 2009-7. Passed 12-14-09; Ord. 2010-5. Passed 1-10-11.)

1268.05 DIMENSIONAL REQUIREMENTS.

   (a)   The following minimum dimensions for lot area and width, front, side and rear yards, and maximum dimensions for lot coverage and building heights, shall be required for every structure and land use in the R-1A One-Family Rural Residential District, except as noted.
      (1)   Minimum lot area shall be 40,000 square feet. There shall not be more than one dwelling upon each lot. Refer to Section 1294.12 for permitted exceptions to lot area.
      (2)   Minimum lot width shall be 150 feet along the street upon which the lot principally fronts. Lots located on irregular or curving streets shall have their width measured at the building line. Refer to Section 1294.12 for permitted exceptions to lot widths.
      (3)   Maximum lot coverage for all buildings, including accessory buildings, shall not cover more than 20% of the lot area.
      (4)   Minimum yard dimensions shall be as follows:
         A.   Front yards, 50 feet;
         B.   Side yards, 25 feet each side; and
         C.   Rear yards, 50 feet.
      (5)   Maximum building heights for residential structures shall be two and one-half stories, but shall not exceed 35 feet. Refer to Section 1294.06 for accessory building regulations. Refer to Section 1294.18 for building height limitations for nonresidential structures in residential districts.
      (6)   Minimum dwelling floor areas shall be 850 square feet for single story dwellings and 750 square feet at the first or main floor level for all dwellings above one story, exclusive of any attached garage, porch or breezeway.
   (b)   For permitted reductions in yard dimensions, for permitted yard encroachments and for placement of accessory buildings in yard area, refer to Sections 1294.15 and 1294.16.
(Ord. 89. Passed 4-10-72; Ord. 2015-1. Passed 4-13-15; Ord. 2022-02. Passed 4-11-22.)