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Franklin City Zoning Code

CHAPTER 1250

Single-Family Residential Districts

1250.01 STATEMENT OF PURPOSE.

   The R-E, R-L, R-M, R-1, R-2, R-3 and R-4 Single-Family Residential Districts are hereby established as Districts in which the principal use of land is for single-family dwellings and related educational, cultural and religious uses where appropriate and harmonious with the residential environment. For these Single-Family Residential Districts, in promoting the general purpose of this Zoning Code, the specific intent of this chapter is to:
   (a)   Encourage the construction of, and the continued use of, the land for, single-family dwellings.
   (b)   Prohibit business, commercial or industrial use of the land, and to prohibit any other use that would interfere with development or maintenance of single-family dwellings in the District. To that end, the Village Council determines and finds that a developing trend toward short-term rental occupancy in traditional single-family residential dwellings is undesirable and inconsistent with maintaining the character and integrity of the Village’s single-family residential neighborhoods; that it is considered to be a commercial use of residential premises akin to a motel or inn, which are uses that are not permitted in single-family residential districts; and that such commercial uses have not been, and are not, permitted to be located in single-family residential districts.
   (c)   Encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this Zoning Code.
   (d)   Discourage any land use that would generate traffic on minor or local streets, other than normal traffic to serve the residences on those streets.
   (e)   Discourage any use that, because of its character or size, would create requirements and costs for public services, such as fire and police protection, water supply and sewerage, substantially in excess of such requirements and costs if the District were developed solely for single-family dwellings.
(Ord. 158. Passed 9-14-87; Ord. 2005-01. Passed 1-10-05; Ord. 2021-04. Passed 10-11-21.)

1250.02 PERMITTED USES.

   In the R-E, R-L, R-M, R-1, R-2, R-3 and R-4 Districts, the following uses are permitted:
   (a)   Single-family detached dwellings.
   (b)   Municipal parks and municipal recreation areas operated exclusively for the use and enjoyment of the public.
   (c)   State-licensed residential facilities, subject to the provisions of Section 206 of the Michigan Zoning Enabling Act, PA 110 of 2006, as amended (MCL 125.3206).
   (d)   Rental dwelling units.
   (e)   Accessory structures, buildings, uses and signs, customarily incidental to the above permitted uses in accordance with Section 1268.13.
(Ord. 158. Passed 9-14-87; Ord. 2005-01. Passed 1-10-05; Ord. 2006-03. Passed 11-13-06; Ord. 2017-02. Passed 2-13-17; Ord. 2019-05. Passed 6-10-19; Ord. 2021-02. Passed 7-19-21; Ord. 2021-04. Passed 10-11-21.)

1250.03 PROHIBITED USES.

   In the R-E. R-L, R-M, R-L R-2, R-3 and R-4 Districts, the following use is expressly prohibited:
   (a)   Short-term rental dwelling units.
(Ord. 2021-04. Passed 10-11-1; Ord. 2022-03. Passed 3-14-22.)

1250.04 SPECIAL APPROVAL USES.

   In all Single-Family Residential Districts, the following uses shall be permitted only after approval in accordance with Section 1268.32.
   (a)   Municipal buildings, offices, community centers and facilities owned and operated by the Village of Franklin for the purposes of the government of the Village of Franklin.
   (b)   Public, quasi-public, and institutional buildings, offices, centers and facilities, such as, but not limited to libraries and post offices, owned or operated by governmental or quasi-governmental entities for the purposes of providing civic services and functions.
   (c)   Churches and other facilities normally incidental thereto, including but not limited to community and civic group meetings, events and activities, and religious, social, cultural and educational services, instruction and programs. A proposed site for a church shall not be less than two acres, shall have adequate access to all required off-street parking areas, shall prohibit parking in the required front yard and be located on a site adjacent to a major thoroughfare as defined by the Village’s Master Plan.
   (d)   Public, parochial and private elementary, junior high and/or senior high schools offering courses in general education, which may contain libraries and other facilities customarily found within a school, not operated for profit, and situated on a site not less than two acres.
   (e)   Public utility buildings, telephone exchange buildings, electric transformer stations and substations, and gas regulator stations, but not including service or storage yards, when operating requirements necessitate the locating of such uses in order to serve the immediate vicinity.
   (f)   Museums displaying or exhibiting items or artifacts of an historical nature and not operated for profit. It is the express intent of this section to prohibit any displays or exhibits of a commercial nature or which are operated for profit, provided, however, that certain nonprofit activities may be permitted under Section 1268.32(h).
      The following additional conditions shall apply to any special approval use under this subsection:
      (1)   No item or display shall bear any indication of cost, value or price.
      (2)   No income, revenue or compensation of any kind shall be received as part of any such museum use or exhibition, except that a nominal door fee or entrance fee may be imposed.
      (3)   No artifact, souvenir or any other article or item of any type or nature whatsoever shall be offered for sale upon the premises.
      (4)   All exhibitions, displays or programs shall be related to the history of the Village of Franklin, the State of Michigan or the United States.
      (5)   No museum shall be located closer than 2,500 feet to any other museum.
(Ord. 158. Passed 9-14-87; Ord. 2014-06. Passed 9-11-14; Ord. 2017-02. Passed 2-13-17; Ord. 2019-05. Passed 6-10-19; Ord. 2021-02. Passed 7-19-21; Ord. 2021-04. Passed 10-11-21.)

1250.05 ACCESSORY USES, BUILDINGS AND STRUCTURES.

   The following accessory uses, buildings and structures shall be permitted in the Single-Family Residential Districts, subject to Section 1268.13:
   (a)   Accessory structures, buildings, or uses customarily incidental to uses permitted by Section 1250.02, when located on the same lot and not involving any business, profession, trade or occupation.
   (b)   A private garage may not house more than one commercial vehicle, which shall not be larger than a typical manufactured pick-up or panel truck of three-quarter ton capacity, further provided the commercial vehicle is owned and operated by a member of the family who resides in the living unit.
   (c)   Accessory dwelling units (ADUs) that provide living quarters for an extension of the primary residents' family as defined by the Fair Housing Act shall be considered an accessory use if located in a building separate from the principal building on the lot, and shall be permitted only where the lot in question exceeds one acre in area, and shall be subject to site plan and special approval requirements in Sections 1268.30 and 1268.32.
   (d)   The growing of vegetables, fruit, flowers, shrubs and trees, provided that such uses are not conducted for commercial purposes.
   (e)   Home occupations as limited and defined in Section 1240.08(b)(38).
   (f)   Temporary buildings for use incidental to construction work as approved by the Board of Zoning Appeals, for a period not to exceed six months, subject to renewal, which buildings shall be removed upon the completion or abandonment of the construction work.
   (g)   Private swimming pools as regulated by all Village ordinances and regulations.
   (h)   Off-street parking in accordance with the requirements of Chapter 1262.
   (i)   The Village of Franklin encourages the development and use of alternative energy sources, such as energy generated by solar and wind facilities, provided that the devices to generate, process and store the energy are safe and will cause no harm to the well-being of adjacent residents or the neighborhood as a whole. Alternative energy facilities are considered to be accessory structures, and are subject to the following site plan and use approval requirements.
      (1)   Wind energy facilities, whether freestanding or attached to the principal building, require site plan review in accordance with Section 1268.30 and special use approval in accordance with Section 1268.32.
      (2)   Ground-mounted solar energy facilities require site plan review in accordance with Section 1268.30 and special use approval in accordance with Section 1268.32.
      (3)   Roof-mounted solar energy facilities require zoning compliance approval in accordance with Section 1242.02 and shall comply with Section 1268.13A, Roof-Mounted Solar Energy Systems.
   (j)   All accessory buildings and structures, including garages, barns, stables, pool houses, permanent swimming pools, children’
(Ord. 158. Passed 9-14-87; Ord. 2010-05. Passed 5-10-10; Ord. 2017-02. Passed 2-13-17; Ord. 2019-05. Passed 6-10-19; Ord. 2020-05. Passed 9-14-20; Ord. 2021-04. Passed 10-11-21.)

1250.06 SITE PLAN REVIEW.

   For all uses permitted in an R-E, R-L, R-M, R-1, R-2, R-3, and R-4 District, other than single-family detached dwellings and accessory buildings and uses thereto, site plan review is required in accordance with Section 1268.30.
(Ord. 158. Passed 9-14-87; Ord. 2005-01. Passed 1-10-05; Ord. 2021-04. Passed 10-11-21.)

1250.07 AREA, HEIGHT, BULK AND PLACEMENT REQUIREMENTS.

   Area, height, bulk and placement requirements for Single-Family Residential Districts shall be as established in the schedule provided in Appendix B following the text of this Zoning Code.
(Ord. 158. Passed 9-14-87; Ord. 2021-04. Passed 10-11-21.)

1250.08 LOT DIMENSIONS.

   The minimum lot depth in any Residential District shall be 120 feet. The lot depth shall not be greater than four times the lot width.
(Ord. 194. Passed 11-14-94; Ord. 2021-04. Passed 10-11-21.)