Flat Rock City Zoning Code
ARTICLE 9
00 - R-1A THROUGH R-1C, SINGLE-FAMILY RESIDENTIAL
Sec. 9.01 - Statement of intent.
The intent of the single-family residential districts is to provide areas in the city for the construction and continued use of single-family dwellings within stable neighborhoods. It is intended that the principal use of land should be single-family dwellings, but each district has different minimum area, density, and placement requirements to accommodate different housing types to accommodate the varied needs of the population. The regulations in this article are intended to promote development that preserves the physical characteristics of the land, natural environment and the character, appearance and historic qualities of existing single-family neighborhoods as much as possible. It is further the intent of this article to prohibit multiple-family, office, business, commercial or industrial use of the land, and to prohibit any other use which would substantially interfere with development or continuation of single-family dwellings in the districts.
Sec. 9.02 - Permitted uses and structures.
A.
Principal uses and structures. In all areas zoned R-1A, R-1B, or R-1C, single-family residential, no building or part of a building shall be erected, used, or structurally altered, nor shall the land or premises be used in whole or in part, except for one or more of the following principal permitted uses.
1.
Single-family detached dwellings.
2.
Publicly owned and operated parks, parkways and recreation facilities.
3.
Private parks owned and maintained by homeowner associations.
4.
Public, parochial and other private elementary, intermediate or high schools licensed by the State of Michigan to offer courses in general education.
5.
Municipal buildings and uses, including libraries, not requiring outside storage of materials or vehicles.
6.
Class A mobile homes on individual parcels in the R-1A and R-1B districts only, subject to the provisions in section 2.05, subsection B.
7.
State licensed residential facilities which provide resident services for six or fewer persons, including, but not necessarily limited to, family day care homes and adult foster care family homes, subject to the regulations in Section 206 of Michigan Public Act 110 of 2006, as amended.
8.
Agriculture, as defined in section 1.03, provided that the parcel of land used for such purposes is under single ownership and is at least five acres in size, and provided further that any buildings used to house animals or poultry shall be located a minimum of 25 feet from any lot line and at least 100 feet from any dwelling.
9.
Home occupations, subject to the following: The following home occupations provided they meet all the standards listed in required conditions below:
a.
Dress making, sewing and tailoring.
b.
Painting, sculpturing or writing.
c.
Telephone answering or telemarketing.
d.
Home crafts, such as model making, rug weaving, and lapidary work.
e.
Tutoring, limited to four students at a time.
f.
Computer program development.
g.
Salesperson's office or home office of a professional person that meets all conditions of required conditions below, no sales or direct contact with customers permitted on the premises.
h.
Repair of clocks, instruments or other small appliances which do not create a nuisance due to noise, vibration, glare, fumes, odor or results in electrical interference.
i.
Giving instruction in a craft or fine art within the residence.
Required conditions: Home occupations shall comply with all of the following standards:
•
Home occupation shall be allowed only by a permit issued by the department of building and safety. The permit for a home occupation shall be coordinated with the issuance of a business occupation license which is issued once every two years.
•
There shall be no visible change to the outside appearance of the dwelling.
•
Traffic, parking, sewage or water use shall not be noticeably different from impacts associated with a typical home in the neighborhood.
•
The use shall not generate noise, vibration, glare, fumes, toxic substance, odors or electrical interference, at levels greater than normally associated with a single-family home.
•
Outside storage or display is prohibited.
•
The home occupation shall not become a nuisance.
•
Only an occupant of the dwelling may be employed or involved in the home occupation.
•
The home occupation shall occupy a maximum of ten percent of the usable floor area of the dwelling. Garages, whether attached or detached, shall not be used for any home occupation, except for a permitted home occupation that involved professional, clerical, or administrative activities common to an office.
•
All delivery of goods and visits by patrons and activity shall occur between 6:00 a.m. and 8:00 p.m.
Prohibited home occupations: The following are prohibited as home occupations:
•
Private clubs.
•
Repair shops which may create a nuisance due to noise, vibration, glare, fumes, odors or electrical interference.
•
Restaurants.
•
Stables or kennels.
•
Tourist homes.
•
Repair, maintenance, painting and storage of automobiles, machinery, trucks, boats, recreational vehicles and similar items.
Any proposed home occupation that is neither specifically permitted above, nor specifically prohibited above, shall be considered a special land use and be granted or denied upon considered of the "required conditions" contained above.
Home occupation permits shall be limited to the applicant who legally resides in the residence.
10.
Uses and structures accessory to the above, subject to the provisions in section 2.03, including, but not necessarily limited to the following:
•
Private swimming pools for the exclusive use of residents and their guests.
•
In a new subdivision, temporary use of a residence as a model during the period of construction and selling of homes in the subdivision.
•
One private garage, subject to the provisions in section 2.03, subsection D.
•
Signs, subject to the provisions in article 27.00, sign ordinance.
11.
Residential structures containing two to four dwelling units, but only if the dwelling units are presently in use and in existence as documented by the building official on the effective date of this ordinance, subject to the following lot dimension standards:
a.
Minimum lot width: 80 feet.
b.
Minimum lot depth: 100 feet.
The number of dwelling units in existence on the effective date of this ordinance may not be increased.
C.
Prohibited uses. Class A manufactured homes on individual parcels in the R-1C districts shall not be permitted.
D.
Special land uses. The following uses may be permitted by the planning commission, subject to the conditions specified for each use; review and approval of the site plan and application by the planning commission; the imposition of special conditions which, in the opinion of the planning commission, are necessary to fulfill the purposes of this ordinance; and the provisions set forth in section 24.03.
1.
Cemeteries, subject to the provisions in section 6.02, subsection F.
2.
Religious institutions, subject to the provisions in section 6.02, subsection S.
3.
Hospitals, subject to the provisions in section 6.02, subsection L.
4.
Public or private colleges, universities and other such institutions of higher learning, offering courses in general, technical or religious education.
5.
Nursery schools and child care centers, subject to the provisions in section 6.02, subsection D, and to the following additional provisions:
a.
The minimum parcel size for such facilities shall be one acre.
b.
Buildings shall be designed to be similar in character and architectural style to structures located on adjacent properties.
c.
Nursery schools and child care centers shall be licensed by and conform to regulations established by the State of Michigan Department of Social Services.
6.
Private kennels may be permitted in the R-1A district only subject to the provisions in section 6.02, subsection K.
7.
Private stables may be permitted in the R-1A district only subject to the provisions in section 6.02, subsection V.
8.
Public or private golf courses, including country clubs, subject to the provisions in section 6.02, subsection I.
9.
Swimming pool clubs, subject to the provisions in section 6.02, subsection X.
10.
Essential services, subject to the provisions in section 2.16, subsection A.
11.
Residential structures containing two to four dwelling units, but only if the dwelling units are presently in use and in existence as documented by the building official on the effective date of this ordinance, subject to the following lot dimension standards:
a.
Minimum lot width: 80 feet;
b.
Minimum lot depth: 100 feet.
The number of dwelling units in existence on the effective date of this ordinance may not be increased.
Sec. 9.03 - Development standards.
A.
Public water and sewer. Residential developments shall be served by public sanitary sewer and public water supply systems.
B.
Site plan review. Site plan review and approval is required for all uses except detached single-family residential uses in accordance with section 24.02.
C.
Area, height, bulk, and placement requirements. Buildings and uses in the single-family residential districts are subject to the area, height, bulk, and placement requirements in article 23.00, schedule of regulations.
D.
General development standards. Buildings and uses in the single-family residential districts shall be subject to all applicable standards and requirements set forth in this ordinance, as specified below.