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Dundee City Zoning Code

ARTICLE 12

- SPECIFIC USE STANDARDS RESIDENTIAL USES

Section 12.01.- Bed and Breakfast.

A.

Required parking areas shall be located off-street and shall not be located in any required front yard.

B.

Meals or other services provided on the premises shall only be available to residents, employees, and overnight guests.

C.

The dwelling unit in which the establishment is located shall be the principal residence of the operator and said operator shall live on the premises while the establishment is active.

D.

The dwelling shall maintain an appearance which is non-intrusive and consistent in color, materials, roofline, and architecture with the Residential District in which it is located, as determined by the Planning Commission.

E.

Signage shall require a permit from the Village and may only be in the form of a wall sign located near the front entrance of the facility and shall not exceed nine (9) square feet.

Section 12.02. - Adult Foster Care Facilities.

A.

Adult foster care family homes serving six (6) persons or less. A state-licensed adult foster care home, foster family home or foster family group home serving six (6) persons or less shall be considered a residential use of property and a permitted use in all residential districts.

B.

Adult foster care small group homes serving between seven (7) and twelve (12) persons.

1.

A site plan, prepared in accordance with Article 8 shall be required to be submitted.

2.

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of four thousand (4,000) square feet per adult, excluding employees and/or caregivers.

3.

The property is maintained in a manner that is consistent with the character of the neighborhood.

4.

One (1) off-street parking space per employee and/or caregiver shall be provided.

5.

Appropriate licenses with the State of Michigan shall be maintained.

C.

Adult foster care large group homes serving between thirteen (13) and twenty (20) persons.

1.

Frontage on either a major or minor arterial street shall be required.

2.

A separate drop-off and pickup area shall be required adjacent to the main building entrance, located off of a public street and the parking access lane, and shall be of sufficient size so as to not create congestion on the site or within a public roadway.

3.

A site plan, prepared in accordance with Article 8 shall be required to be submitted.

4.

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of four thousand (4,000) square feet per adult, excluding employees and/or caregivers.

5.

The property is maintained in a manner that is consistent with the character of the neighborhood.

6.

One (1) off-street parking space per employee and/or caregiver shall be provided.

7.

Appropriate licenses with the State of Michigan shall be maintained.

D.

Adult foster care congregate facilities serving more than twenty (20) persons, shall be subject to the requirements of Section 12.05.

Section 12.03. - Single-Family Cluster Option.

The single-family cluster option may be permitted in the RA, RA-1, and RA-3 Districts in accordance with the following:

A.

A cluster development may be approved as Special Land Use in accordance with Article 9, in addition to the review and approval procedures for subdivision plats and site condominiums.

B.

To be eligible for cluster development consideration, the applicant must present a proposal for a single-family residential (attached or detached) development that meets each of the following:

1.

A cluster development shall result in a recognizable and substantial benefit, both to the residents of the property and to the overall quality of life in the Village.

2.

The site shall preserve significant natural features such as woodlands, significant views, natural drainage ways, regulated or non-regulated wetlands, or natural corridors that connect quality wildlife habitats which would be in the best interest of the Village to preserve, and which might be negatively impacted by conventional residential development.

3.

The proposed development shall be designed to create a cohesive neighborhood that connects and is compatible with existing neighborhoods through a network of spaces such as parks and common open space areas for recreation and resident interaction. All open space areas shall be equally available to all residents of the development.

4.

The site shall be under single ownership or control, such that there is a single person or entity having proprietary responsibility for the full completion of the project.

5.

The clustered development shall be served by public sewer and water.

6.

The proposed development shall be consistent with and further the implementation of the Village Master Plan.

7.

The Planning Commission shall find that the proposed cluster development meets all of the approval standards for special land uses contained in Article 9, Special Land Uses.

C.

Residential density shall be determined by a parallel plan that illustrates how the site could be developed as a conventional subdivision with the underlying zoning district, meeting all applicable Village zoning and subdivision requirements. The parallel plan shall be submitted with the cluster development, which shall contain all information required for a preliminary plat or preliminary site condominium. The Village shall review the design and determine the number of lots that could be feasibly constructed. This number shall be the maximum number of dwelling units allowable for the cluster development. Where attached single-family units are proposed, such units shall comprise not more than thirty (30%) percent of the total number of units within the development.

D.

All lots shall comply with the dimensional standards of the underlying zoning district, provided lot area and width may be reduced in accordance with the following table in order to preserve a minimum of twenty (20%) percent of the total site area as common open space meeting the requirements of paragraph 5 below. All setback and other dimensional standards of the underlying zoning district, including minimum floor area, shall be complied with.

Min. Lot Area Min. Lot Width
RA 9,600 80
RA-1 8,400 70
RA-3 6,000 50

 

E.

Roads and driveways shall comply with the Village street standards. The site shall provide for inter-connection of roads and the future integration of circulation between adjacent sites.

F.

A minimum of twenty (20%) percent of the total site area shall be preserved as common open space for recreation or conservation and shall be exclusive of residential lots, road rights-of-way or other improvements. Where attached single-family units are proposed, thirty (30%) percent of the total site area shall be preserved as open space. Such open space shall be arranged on the site to meet all of the following requirements, provided the Planning Commission may modify these standards where it is demonstrated that additional natural features will be preserved elsewhere on the site:

1.

A landscape buffer with a minimum fifty (50) foot depth shall be preserved along road frontages bordering the open space cluster development and adjacent to existing residential lots.

2.

All wetlands and areas within fifty (50) feet of a wetland or shoreline shall be preserved as open space.

3.

Open space shall be located to minimize removal of woodlands.

4.

Open space may include recreational trails, picnic areas, parks, and greenways, but shall not include a golf course. The Planning Commission may permit recreational buildings within the open space.

5.

The recreational area shall be well drained, graded, covered with grass, safe from hazard, accessible to all dwellings, and the Planning Commission shall approve the location. Generally, common open space must be visible and accessible from the public right-of-way and shall be of a size and configuration that will be conducive to recreational benefits.

6.

Submerged land along the shoreline of the River Raisin shall not count towards the common open space requirement. A maximum twenty-five (25%) percent of regulated wetlands and stormwater retention/detention areas shall be counted towards the common open space requirement.

G.

The dedicated open space shall be set aside by the developer through an irrevocable conveyance that is found acceptable to the Village, such as recorded deed restrictions, covenants that run-in perpetuity with the land, or conservation easements. Such conveyance shall assure that the open space will be protected from all forms of development and shall never be changed to another use. Where deed restrictions are utilized for the protection of open space, the Village shall be made a party to the deed restrictions and such restrictions applicable to the open space shall not be amended. Building permits for home construction shall not be granted until of such deed restrictions are recorded with the County Register of Deeds and copies are filed with the Village. The developer may dedicate the open space to a conservation organization or the Village, provided such dedication shall be subject to approval by the Village Board of Trustees.

H.

A preservation and maintenance plan for the open space shall be submitted with the final preliminary plat or final site condominium plan and shall include mechanisms for the long-term funding of open space preservation. The Village may require bonds or other funding mechanisms to ensure long term maintenance of open space.

I.

Reasonable conditions may be required with the special land use approval of an cluster development for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, protecting the natural environment and conserving natural resources, ensuring compatibility with adjacent uses of land, promoting the use of land in a socially and economically desirable manner, and further the implementation of the Village Master Plan.

Section 12.04. - Manufactured Housing Community.

The regulations contained within this Article are those approved by the Manufactured Housing Commission and adopted as part of this Ordinance. No substantive changes have been made to the approved regulations; however, references to other applicable laws, ordinances, and certain terminology have been updated.

A.

Principal Uses Permitted. The following uses of land and structures shall be permitted by right in the MHC, Manufactured Housing Community District:

1.

Manufactured housing community is subject to the requirements of the Manufactured Housing Commission Act, Act 96 of the Public Acts of 1987, as amended, and rules of the Manufactured Housing Commission.

2.

Foster family day care homes.

3.

Adult foster care family homes.

B.

Manufactured Housing Community Regulations:

1.

General Requirements:

a.

Each manufactured home within a Manufactured Housing Community shall contain a complete bathroom, kitchen facilities, sleeping accommodations and plumbing and electrical connections. Travel trailers, motor homes and other recreational vehicles shall not be occupied in a Manufactured Housing Community.

b.

Manufactured home skirting shall be vented. Louvered or similar vents shall be at least a minimum of six hundred (600) square inches per one thousand (1,000) square feet of living space. A minimum of one (1) vent shall be placed at the front and rear of the manufactured home and to each exposed side. An access panel of sufficient size to allow full access to utility hookups located beneath the manufactured home shall be installed. All skirtings shall be manufactured of fire-resistant material and certified as such by the manufacturer. Skirting shall be installed in a manner so as to resist damage under normal weather conditions to include, but not limited to, damage caused by freezing and frost, wind, snow, and rain.

c.

Storage of dangerous or combustible goods and articles underneath any manufactured home or outdoors at any manufactured home site shall be prohibited except in an approved, enclosed, storage facility.

d.

Canopies and awnings may be attached to any manufactured home and may be enclosed, subject to manufactured home site regulations, herein. When enclosed, such shall be considered a structure and part of the manufactured home and building, and occupancy permits issued by the Zoning Enforcement Officer shall be required.

e.

All garbage and rubbish shall be stored and transferred in accordance with the procedures outlined in Part 5, Garbage and Rubbish Storage and Disposal, of the Manufactured Housing Commission Rules. Garbage and trash removal shall be made at least once per week, except during the summer when health conditions may warrant additional pickups. Incineration of garbage or rubbish on the site shall be prohibited.

f.

A commercial sales lot activity is prohibited within a Manufactured Housing Community except that manufactured homes placed on manufactured home sites under the "model home" concept may be sold on site by a licensed manufactured home dealer or broker. This subsection does not prohibit the sale of a manufactured home on site by the manufactured homeowner.

g.

Entry and exit fees shall be prohibited.

h.

All structures and utilities to be constructed, altered, or repaired in a Manufactured Housing Community shall comply with all applicable codes of the Village, the State of Michigan, the U.S. Department of Housing and Urban Development and the Manufactured Housing Commission, including building, electrical, plumbing, liquefied petroleum gases and similar codes, and shall be constructed to the State of Michigan Standards in effect at that time. All structures and improvements to be constructed or made under the Village Building Code shall have a building permit issued by the Zoning Enforcement Officer. Such structures or improvements shall have a minimum of two (2) inspections prior to a final inspection by the Zoning Enforcement Officer.

i.

A Manufactured Housing Community shall have a public water and sewer system and/or on-site water and wastewater treatment system acceptable by the Michigan Department of Public Health and Michigan Department of Environmental Quality.

j.

The site and surrounding area shall be suitable for residential use. It shall not be subject to hazards such as insect or rodent infestation, objectionable smoke, noxious odors, unusual noises, subsidence, or the probability of flooding or erosion. The soil, groundwater level, drainage, rock formation, and topography shall not create hazards to the property or to the health and safety of occupants.

k.

All land in a Manufactured Housing Community shall comprise a single parcel. Public thoroughfares, except extensions of local and collector streets proposed as part of a Manufactured Housing Community site plan, shall not bisect, or divide a Manufactured Housing Community to avoid unwarranted public traffic from traveling through the community.

l.

A Manufactured Housing Community shall not be occupied unless at least twenty-five (25) manufactured home sites, or fifty (50%) percent of the expected total of manufactured home sites, whichever is less, are available for occupancy at the time of opening of the community.

m.

A Manufactured Housing Community shall not be developed on less than ten (10) acres with a minimum of two hundred fifty (250) feet of public road frontage. Individual sites within the community shall be developed with sites having five thousand-five hundred (5,500) square feet per manufactured home unit being served. The five thousand-five hundred (5,500) square feet requirement may be reduced by twenty (20%) percent provided that the individual site shall be equal to at least four thousand-four hundred (4,400) square feet. For each square foot of land gained through the reduction of the site below five thousand-five hundred (5,500) square feet, at least an equal amount of land shall be dedicated as open space, but in no case shall the open space requirements be less than that required under R125, 1946, Rule 946 of the Michigan Administrative Code.

n.

The minimum setback for a community shall be fifty (50) feet from a public right-of-way.

o.

The maximum building height shall be two (2) stories and twenty-five (25) feet.

p.

The Manufactured Housing Community shall be constructed pursuant to P.A. 96 of 1987, being MCL 125.1101 et seq., and the rules promulgated there under.

q.

Landscaping and/or greenbelts shall be in conformance with the provisions of Article 14, Landscape Standards. Common laundry, drying yards, trash collection stations, surface mounted transformers, and similar equipment and facilities shall be screened from view by plant materials or by man-made screens. Required landscape strips shall not be included in the calculation of required recreational areas. Parking shall not be permitted in any required buffer area.

2.

Manufactured Housing Site Regulations: The Manufactured Housing Code, as established by the Manufactured Housing Commission and the Michigan Department of Public Health Rules under the authority of Act 96 of the Public Acts of 1987, regulates Manufactured Housing Community density, design, construction, licensing, and individual manufactured home installation (anchoring) and health aspects. All Manufactured Housing Communities shall be constructed according to the standards of the Code and the Michigan Department of Public Health Rules.

3.

Utilities. Each home shall be suitably connected to sanitary sewer, water and other available utility lines and such connections shall meet the following regulations:

a.

A public water system or water system approved by the Michigan Department of Public Health, and in accordance with Act 399, P.A. 1976, the Safe Drinking Water Act shall be provided within a Manufactured Housing Community. The water supply shall be adequate for firefighting purposes.

b.

A public sewer system or wastewater treatment system approved by the Michigan Department of Public Health and the Michigan Department of Environmental Quality, shall be provided within a Manufactured Housing Community.

c.

Each manufactured home space shall be provided with at least a four (4) inch sanitary sewer connection. The sewer shall be enclosed when not connected to a manufactured home and shall be capped so as to prevent any escape of odors.

d.

The plumbing connections to each manufactured home site shall be constructed so that all lines are protected from freezing, from accidental bumping, or from creating any type of nuisance or health hazard.

e.

All electrical lines to each manufactured home site shall be underground. Separate meters shall be installed for each site. All cable television and telephone lines shall be underground. Above ground lines are not allowed for the connection between the manufactured home unit and the individual site utility pedestals.

f.

If central television antenna systems, cable television, or other such services are provided, the distribution system shall be underground and shall be constructed and installed pursuant to state and local codes and ordinances.

g.

An electrical service adequate for one-family residence needs shall be provided for each manufactured home space. The installation shall comply with all state electrical regulations.

h.

All fuel oil and liquefied gas supplies shall be installed in a manner consistent with the requirements contained in the General Rules of the Michigan Manufactured Housing Commission as provided for in Act 96 of the Public Acts of 1987.

4.

Access and Parking.

a.

All internal streets, driveways, motor vehicle parking spaces and walkways within the community shall be hard surfaced and shall comply with dimensional requirements of the Manufactured Housing Commission Rules.

b.

All entrances and exits from a Manufactured Housing Community shall abut a hard surfaced public road (cement and/or bituminous construction). Improvements to said hard surfaced roads, such as acceleration/deceleration lanes, shall be made in accordance with Village of Dundee street design standards.

c.

Cul-de-sac streets, where proposed, shall have a turnaround with a minimum radius of forty-five (45) feet, in accordance with current Village of Dundee street design standards, and shall have a maximum length of three hundred (300) feet.

d.

Entrances and exits for a Manufactured Housing Community from county or state highways shall have written approval of the highway authority having jurisdiction before the final site plan for all or any phase of the Manufactured Housing Community shall be approved by the Manufactured Housing Commission.

e.

Where a proposed manufactured home development is adjacent to properties that have existing public sidewalks on them and the sidewalk abuts the Manufactured Housing Community parcel, the developer shall also construct a sidewalk of equal width to act as a connection between, or an extension of the existing public sidewalk(s). Sidewalk(s) shall be necessary for only those portions of a Manufactured Housing Community fronting upon a public thoroughfare in accordance with Village specifications.

5.

Storage Areas. The on-site, outdoor storage of boat trailers, boats, camping units, horse trailers, and similar equipment shall be prohibited. The Manufactured Housing Community may provide, within the confines of the community, a common outdoor storage area for the storage of the above-mentioned equipment. Said storage area shall be surfaced with gravel, asphalt or other suitable substances and shall be screened from view with plant materials or man-mad screening devices.

C.

Procedures and Permits. Application for permit to construct a Manufactured Housing Community shall be submitted to the Michigan Department of Consumer and Industry Services (MDCIS). The MDCIS is the agency charged with the licensing of Manufactured Housing Communities. Preparation of the application, support data, and local agency review of the Manufactured Housing Community shall conform to the requirements of Act 96 of 1987, as amended.

D.

Site Plan Review. All principal uses listed above are subject further to the requirements and provisions of Article 8, Site Plan Review Procedures and Requirements and any other applicable regulations included in this Ordinance.

Section 12.05. - Housing for the Elderly.

A.

Housing for the elderly shall comply with the following standards:

1.

Independent Living for the Elderly. Dwellings may be provided for as single-family detached, two-family, or multiple-family units. The minimum site area requirements for purpose of calculating density shall be as follows:

Dwelling Unit Size Site Area/Unit (sq. ft.)
Efficiency/One Bedroom 2,000
Two Bedroom 2,500
Each additional bedroom 500

 

2.

Assisted Living for the Elderly. Where such facilities contain individual dwelling units with kitchen facilities, the density requirements set forth in subsection 12.05A.1 shall apply. Where facilities do not contain kitchen facilities within individual dwelling units, the site area per bed shall be two hundred (200) square feet.

3.

Both Independent and Assisted Living facilities shall be contained within a building which does not exceed two hundred and fifty (250) feet in overall length, measured along the front line of connecting units, inclusive of any architectural features which are attached to or connect the parts of the building together. The Planning Commission may permit buildings of greater length when it can be demonstrated that architectural design and natural and topographic features ensure that the building is in scale with the site and surrounding areas.

4.

Building setbacks shall comply with the following:

a.

Perimeter setbacks shall be no less than fifty (50) feet from all other property lines.

b.

Internal setbacks for single- and two-family dwellings located on an individual lot shall be as follows:

Front 25 feet
Rear 35 feet
Least Side 7.5 feet
Total Side/Between Buildings 20 feet

 

c.

Internal setbacks for single- and two-family dwellings not located on an individual lot shall be as follows:

Multiple Family Single/Two-Family
Internal Drives/Streets 25 25
Side/Side Orientation 30 20
Side/Front, Side/Rear 30 35
Front/Front, Front/Rear, Rear/Rear 50 50

 

d.

Minimum Floor Area. Each dwelling unit shall comply with the following minimum floor area requirements, excluding basements:

Floor Area (sq. ft.)

Dwelling Type Assisted Living Unit Independent Living Unit
Efficiency 250 500
One-Bedroom 400 650
Two-Bedroom 650 800
Additional bedroom 150 per/bedroom 150 per

 

e.

Building Height. The maximum height of a building shall comply with that of the zoning district.

f.

Open Space/Recreation. Open space and recreation shall be provided in accordance with the following requirements:

(1)

Total open space required shall be a minimum of fifteen (15%) percent of the site.

(2)

Recreation facilities shall be appropriate and designed to meet the needs of the resident population. Active recreation shall be located conveniently in relation to the majority of dwelling units intended to be served.

g.

Accessory Uses. Support uses offered solely to residents may be permitted provided they are contained within the principal building and are strictly accessory to the principal use as an elderly residential facility. Such support may include congregate dining; health care; personal services; and social, recreational, and educational facilities and programs.

Section 12.06. - Live/Work Units.

A.

Design and Development Standards. Live/work units shall be subject to the following criteria:

1.

At the time of application approval and for the reasonable foreseeable future the commercial site and surrounding area are suitable for joint residential and commercial use.

2.

The project is designed to provide flexible workspace in conjunction with living areas that are conducive to work environment.

3.

Residential and commercial uses are integrated in such a manner as to address noise, hazardous materials, and other health and safety issues onsite as well as offsite.

4.

The project site must remain primarily in commercial use. At no time shall more than fifty (50%) percent of the combined floor area of buildings identified for re-use or new buildings constructed on a project site be dedicated or used for non-commercial use.

5.

All designated workspaces shall be designed to accommodate commercial uses as evidenced by the provision of flooring, interior storage, ventilation, storefront windows, roll-up doors and/or other physical improvements of the type commonly found in exclusively commercial facilities used for the same work activity.

6.

The living area of the live/work unit shall be at least five hundred (500) square feet and shall not be occupied so that each person residing therein shall have less than two hundred (200) square feet of living space.

7.

The living area of the live/work unit shall be attached to or part of the primary building in which a business is normally operated.

B.

Integration of Commercial and Living Space. The commercial use shall be the primary focus of the front of the building. Living space shall be physically integrated into the commercial space and shall not be separately rented, leased, or sold. Mezzanines and lofts within the unit may be used as living space subject to compliance, with the other provisions of this Section.

C.

Parking Requirements. Live/work units shall comply with the parking standards set forth in Article 16. However, the Planning Commission may modify this requirement as appropriate to allow for the re-use of existing structures with limited parking or to accommodate authorized employees and/or customer or client visits.

D.

Operating Requirements.

1.

A live/work unit shall be occupied and used only by the owner of the business within the unit and his/her immediate family.

2.

Notice to occupants. The owner or developer of any structure containing live/work units shall provide written notice to all live/work occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial uses at higher levels than would be expected in more typical residential areas.

3.

An ongoing business must exist to allow residential occupancy of the live/work unit. If the business ceases to operate, the special land use permit shall end, and the living area must be vacated within six (6) months of the last day of business.

4.

The business and residential areas must be maintained separately and no business activity inclusive of, but not limited to, storage of any inventory or servicing or maintenance of any product shall be allowed in the residential area.

Section 12.07. - Single-Family Dwellings Located Above the First Floor.

A.

All such dwelling shall comply with the accessory use provisions of the ordinance.

B.

The minimum floor area requirements for multiple-family dwellings set forth in subsection 5.03.B.8 shall be met.

C.

The Planning Commission may impose reasonable conditions to ensure the health, safety, and welfare of the occupants.