(a)

[Accessory buildings.] Accessory buildings in the residential districts shall be subject to the following regulations:

(1)

Accessory buildings in the multiple-family district shall be limited and regulated as provided in section 32-32.

(2)

Where an accessory building is structurally attached to a main building, it shall conform to all regulations of this chapter applicable to the main building.

(3)

Accessory buildings and garages shall not exceed one (1) story of fifteen (15) feet in height, and shall not occupy more than thirty (30) percent of the area of any rear yard, and shall not be nearer than six (6) feet from the rear and three (3) feet from the side lot line; further, that in no instance shall the accessory buildings be so large as to dominate the neighborhood or principal use, nor shall it exceed two-thirds (⅔) of the total floor area of the principal building.

(4)

A detached accessory building incidental to the dwelling shall be located only in a rear yard and shall be a minimum of ten (10) feet from the residence.

(5)

When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard line required on the lot to the rear of such corner lot.

(6)

No accessory building shall be constructed prior to the enclosure of the main building.

(7)

An accessory building, irrespective of location, shall be incidental to the principal permitted use and shall not involve any business, profession, trade or occupation.

(8)

One (1) private garage shall be permitted for each residential dwelling in which individual access for not more than three (3) private motor vehicles may be provided, not withstanding the above restrictions.

(b)

Dwellings per lot or parcel. In the one-family districts, no more than one (1) one-family residential dwelling shall be permitted per lot or parcel, except as provided in subsection (f) below, or as permitted under special land use.

(c)

Dwellings without basements. Each one-family and two-family dwelling unit without a basement shall provide at least an additional one hundred (100) square feet of floor area for utility rooms and/or storage space greater than the minimum floor area per dwelling unit.

(d)

Fences, walls, hedges and protective barriers. The erection, construction or alteration of any fence, wall or other type of protective barrier of any nature, type or description shall be reviewed by the building official for compliance with the requirements of the applicable zoning district and Chapter 9 (Fence Regulations) of the Fraser Code.

(e)

Location of structures and buildings in a public easement. No structure or building other than a fence, walk or parking lot may be erected in a public easement.

(f)

Lot limitations. In all one-family residential zoning districts, only one (1) principal building shall be placed on a lot of record, with the exception of parcels of record described and designated as "out lots," which may be so arranged or subdivided as to provide for one (1) or more principal buildings when the land area allocated to each building is equal to or greater than the lot area required for the district and the building and land complies with all the other requirements of the district in which it is located; provided further that no building shall be erected on land subdivided in violation of Act 288, Public Acts of the State of Michigan, 1967, as amended.

(g)

Measuring minimum floor space requirements. Minimum floor space requirements as established by the various provisions of this chapter for residential dwellings shall be measured from the exterior surface of enclosing walls and the centerline of common partition walls for each dwelling unit. Minimum floor area shall not include cellars or basements, attached garages or attics, unheated breezeways, porches or decks.

(h)

Mobile homes outside of mobile home parks.

(1)

Special requirements and conditions.

a.

A building permit issued by the city must be obtained prior to locating a mobile home upon an individual site or lot within the city.

b.

A mobile home or any addition thereto shall be permanently attached to a masonry foundation of a minimum forty-two (42) inch deep and eight (8) inch width, which shall be continuous around the perimeter width anchors placed at intervals of no greater than eight (8) feet. In no instance shall a mobile home be permitted to be located upon concrete piers or cement blocks in lieu of the foundation prescribed herein.

c.

A mobile home sought to be located in a one-family residential district shall meet the minimum structure size requirements of the district in which the unit is to be located.

d.

Any wheels, towing apparatus or exposed chassis shall be removed before a certificate of occupancy is issued for any mobile home located in a one-family residential district.

e.

A mobile home sought to be located in a one-family residential district shall be connected to a public sewer and water supply or to private facilities in accordance with the approved standards of the city and any other agency governing such facilities.

f.

A mobile home sought to be located in a one-family residential district shall contain storage areas, either within a basement, closet area, or in an attic or separate, fully enclosed structure, of a size equal to fifteen (15) percent of the interior living area of the dwelling unit. This storage requirement is in addition to any storage space designed to be used to store automobiles.

g.

A mobile home sought to be located in a one-family residential district shall comply with all applicable sections of the zoning chapter relative to the district in which the unit is to be located, including, but not limited to, lot size, yard spaces, setbacks, and area and bulk requirements. In addition thereto, the ratio of the length of the principal structure to its width at the narrowest point shall not exceed four (4) to one (1).

h.

All site improvement requirements pertaining to development of one-family districts, such as, but not limited to, installation of sidewalks, driveways, utilities, or lighting, lot grading and landscaping, shall be applicable to the development of sites upon which a mobile home is located.

i.

A mobile home sought to be located in a one-family residential district shall comply with all applicable federal, state and local codes, ordinances, regulations, or standards applicable to such units, including, but not limited to, construction standards, city construction codes, and building, plumbing, electrical and mechanical codes.

j.

A mobile home shall comply with all applicable plat conditions and deed restrictions of the property upon which the unit is to be located.

k.

A mobile home shall be permitted to be located in a one-family residential district only upon a determination that the unit is similar to nearby housing with respect to the following features:

1.

Total size and square footage.

2.

Length-to-width proportion.

3.

Type of exterior materials used in construction.

4.

Style and design of architectural features, including its roofline and overhangs.

Where there is no nearby housing of the type proposed to be developed, the applicant may choose a style and type from photos of established housing typical for each zoning district which are kept on record by the building department. A mobile home located in a one-family residential district shall be maintained against deterioration and/or damage from the elements or from any other cause by prompt and appropriate repairs, surface coating and other protective measures. In considering this use, the building official shall further base his decision upon an inspection of the proposed unit.

l.

All additions to any mobile home shall be aesthetically compatible with and constructed with materials similar to the principal structure.

(i)

Recreation vehicles and equipment. Motels, tourist cabins, motor homes, trailers or tents shall not be allowed or considered a legal use in a residential district. This shall not prohibit the storage of recreation vehicles or small utility trailers in the side or rear yard, and which is the property of the occupant, provided:

(1)

The recreation vehicle parked or stored shall not have fixed connections to electricity, water, gas or sanitary sewer facilities, and at no time shall this equipment be used for living or housekeeping purposes.

(2)

If the recreation vehicle is parked or stored outside of a garage, it shall be parked or stored in the side or rear yard only. The setback requirement from the side and rear yard shall be a minimum of three (3) feet. Corner lots shall observe the same street setbacks as the required side yard.

(3)

Notwithstanding the provisions of subsection (2) above, a recreation vehicle may be parked in the driveway for active loading or unloading purposes.

(4)

The city manager or his designate may issue a permit for the parking or storage of a recreational vehicle in a driveway for up to seventy-two (72) hours, upon application showing good cause and payment of a permit fee as may be set by resolution of the council from time-to-time. The permit shall be displayed in the lower left-hand corner of the front windshield of the recreational vehicle.

(5)

All recreational equipment stored outside must be kept in good repair and carry the current year's license or registration.

(j)

Residential entranceway. In all residential districts, so called entranceway structures, including, but not limited to, walls, columns and gates, marking entrances to subdivisions and other residential developments may be permitted and may be located in a required yard, as provided in section 32-85, provided that such entranceway structures shall comply to all codes and ordinances of the city and be approved by the planning commission.

(k)

Site condominium subdivision. The intent of these requirements is to ensure that all site condominium subdivisions are developed in compliance with accepted planning and engineering standards applicable to similar forms of development, as reflected in the ordinances and requirements of the city.

One-family detached condominiums may be allowed as a permitted use in any one-family zoning district, subject to site plan review by the planning commission. Commercial and industrial condominiums that result in condominium unit(s) that exceed the building envelope(s) shall also be regulated by this section.

(1)

Submission requirements. All site condominium subdivision plans shall be submitted for review, as required by Article VII of this chapter (site plan review requirements and procedures) and Section 66 of the Condominium Act, and include the following additional information:

a.

A boundary survey of the site condominium subdivision-site.

b.

A plan delineating all natural and man-made features on the site, including, but not limited to, drains, ponds, lakes, streams, floodplains, wetlands and woodland areas.

c.

The location, size, shape, area and width of all condominium units and common areas and the location of all proposed streets.

d.

A copy of the master deed and a copy of all restrictive covenants to be applied to the project. Such deeds shall include an acceptable means of converting the project to a platted subdivision, under the provisions of Act 228 of 1969, at some future date.

(2)

Review procedures. Pursuant to authority conferred by Section 141 of the Condominium Act, all condominium subdivision plans for site condominium projects shall require approval by the planning commission before units may be sold or site improvements initiated. In determining whether to approve a site condominium subdivision plan, the planning commission shall consult with the city Attorney, planner and engineer regarding the adequacy of the submission as it relates to this chapter and requirements of the Condominium Act. The review process shall consist of the following two steps:

a.

Preliminary plan review. In the preliminary review phase, the planning commission shall review the overall plan for the site, including basic road and unit configurations and the consistency of the plans with all applicable provisions of this chapter. Plans submitted for preliminary review shall include information specified in items a. thru c. of the submission requirements [subsections (k)(1)a. through c. of this section].

b.

Final plan review. Upon receipt of preliminary plan approval, the applicant shall prepare the appropriate engineering plans and apply for final review by the planning commission. Final plans shall include information as required by the submission requirements. Such plans and information shall be reviewed by the city attorney, engineer and planner. Further, such plans shall be submitted for review and comment to all applicable local, county and state agencies. Final approval shall not be granted until such time as all applicable review agencies have had an opportunity to comment on said plans.

c.

District requirements. The development of any site condominium subdivision shall observe the applicable yard setback and minimum floor area requirements of the zoning district within which the project is located. The density of the project (including the number of dwelling units per acre in residential projects) shall be no greater and spacing (yards) no less than would be permitted if the property were subdivided.

d.

Design standards. All development in a site condominium subdivision shall conform to the design standards of Chapter 26 of the city Code, being Articles VII and VIII. This includes the requirement that all streets and roads be dedicated to the public. Street connections shall be required, where necessary, to provide continuity to the public road system.

e.

Utility easements. The site condominium subdivision plan shall include all necessary easements granted to the city for the purposes of constructing, operating, inspecting, maintaining, repairing, altering, replacing and/or removing pipelines, mains, conduits and other installations of a similar character for the purpose of providing public utilities, including the conveyance of sewage, water and stormwater run-off across, through and under the property, subject to said easement, and excavating and refilling ditches and trenches necessary for the location of said structures.

f.

Final acceptance. The city shall also require all the appropriate inspections. After construction of the site condominium subdivision, an as-built reproducible mylar of the completed project shall be submitted to the city for review and approval by the city engineer. A final certificate of occupancy and any building bonds will not be released to the developer/owner until said as-built mylar has been reviewed and accepted by the city.

g.

Conversions. A majority of co-owners, as defined pursuant to Condominium Act, Public Act 1978 No. 59, as amended, may require that the project be platted in accordance with the Subdivision Control Act of 1967. Public Act 1967 No. 288. Platting of such condominium projects shall not terminate the project unless four-fifths (⅘) of co-owners vote for such termination.

(l)

Cluster housing option. The intent of the provisions in the cluster housing option is to encourage the design and development of land with significant environmental qualities or with other unusual characteristics or physical features in a creative, innovative manner which accomplishes one (1) or more of the following:

(1)

Preserves the city's natural resources, including woodlands, wetlands, topography, floodplains and similar natural assets.

(2)

Encourages a creative approach to the development of parcels exhibiting unusual characteristics and/or land use relationships.

(3)

Provides alternatives to conventional subdivision development.

(4)

Provides common areas with recreation opportunities of both a passive and an active nature.

The cluster housing option shall be available at the developer's option in all single-family districts as a permitted use, subject to parcel qualification and site plan approval by the planning commission. The qualification of a parcel and plan approval are the two (2) distinct steps required to develop a parcel of land under the cluster housing option.

1.

Submission requirements for qualification of parcel. All parcels proposed by a developer to be developed under the cluster option must meet the qualification criteria set forth in subsection 2 below. In order for the planning commission to determine whether the qualification criteria are satisfied, the developer shall submit documentation substantiating one (1) or more of the characteristics set forth in subsection 2 of this section and shall provide a recent aerial photograph depicting the entire site (not more than five (5) years old), and provide a preliminary plan (drawn to scale) showing how the developer intends to develop the parcel. The preliminary plan shall include:

(a)

A boundary survey of the proposed cluster development site, showing the relationship of abutting properties and/or structures.

(b)

The placement and basic configuration of buildings and structures.

(c)

The circulation pattern of the site, both vehicular and pedestrian.

(d)

A plan showing all natural features of the parcel, including but not limited to drains, ponds, lakes, streams, floodplains, wetlands and woodland areas.

(e)

An open space/conservation plan.

(f)

A yield plan specifying the maximum number of lots or units (which shall not be less than two (2)) that the parcel could yield if developed as a conventional subdivision plat or as (or as a site condominium) meeting all of the applicable requirements of the City of Fraser Zoning Ordinance, Subdivision Regulations, and Land Division Ordinance, the Michigan Condominium Act, and the Michigan Land Division Act as applicable. The planning commission shall determine the validity of the yield plan based upon current city ordinance and other applicable regulations and determine the total number of lots or units permissible, after obtaining input from the city's planning consultant and the city attorney.

2.

Qualification criteria. In order for a parcel of land to qualify for development under the cluster option, the planning commission must determine based upon the information presented that the parcel contains one (1) or more of the following characteristics:

(a)

The parcel contains natural assets which would be preserved through the use of cluster development. Such assets may include natural stands of large trees, land which serves as a natural habitat for wildlife, wetlands, bodies of water (i.e., streams, rivers, etc.) or other natural assets which are worthy of preserving.

(b)

The parcel contains substantial portions of flood plain and wetlands worthy of preserving. A flood plain and wetlands map, certifiable by the appropriate federal, state or county agency, indicating the extent of the wetlands and flood plain area, shall be submitted to the planning commission in order to support the proposal for the parcel's qualification under the cluster option.

(c)

The parcel is either too small or unusually shaped to be reasonably platted as a conventional subdivision development, or developed as a conventional site condominium development.

(d)

A substantial part of the parcel's perimeter is bordered by a major or secondary thoroughfare which would result in a substantial proportion of the lots in a conventional subdivision development or units in a conventional site condominium development abutting the thoroughfare, subjecting the occupants of lots or units to disturbance by vehicular traffic, noise and lights.

3.

Planning commission review for qualification of parcel.

(a)

The planning commission shall make findings as to whether the parcel qualifies for cluster housing under the criteria set forth in subsection 2 above. The planning commission may deny qualification if the yield plan submitted does not comply with applicable city requirements, or if the parcel does not contain any of the characteristics set forth in subsection 2 above. If the planning commission determines that the parcel does not qualify for development under the cluster option, then the developer may submit a plan for development as a conventional subdivision, site condominium, or as a development pursuant to an approved land division provided such plan complies with all applicable codes and ordinances.

(b)

If the planning commission determines that the developer's parcel qualifies for cluster housing, the developer may proceed to the site plan approval stage of the process.

4.

Site plan review submission process. After the developer obtains qualification of the parcel for development under the cluster housing option, the developer must proceed with site plan approval of the project. Site plan approval shall be done under article 7 (general site plan requirements, or Article 9, subsection 32-121(k) (site condominium requirements), or Article 12 of the zoning ordinance (PUD requirements), or under the subdivision regulations (conventional platting), depending on the form of the proposed development. The plan must meet all of the applicable requirements of the chapter, except as specifically modified by this subsection (l).

5.

Design requirements.

(a)

The placement of housing units and other improvements shall be designed in such a way as to preserve wetland, floodplain, and/or wooded areas contained on the site. There shall be no development or modification of any kind within a designated wetlands or flood plain area without there first being issued a use permit by the Department of Environmental Quality (MDEQ), Army Corps of Engineers, FEMA, etc.

(b)

Sidewalks are required along all major, secondary and collector roads.

(c)

Except as provided herein, the height and bulk requirements of the applicable residential zoning district shall apply (all units shall be built as detached single-family residential units).

(d)

The entrance and roadways shall be landscaped and planted with street trees, to create an attractive vista. Such trees shall be planted no more than thirty (30) foot on center. The trees shall meet the size and species requirements of article 5 of this chapter.

5.

Roads. Roadways shall conform to the standards of the city or the Macomb County Road Commission.

6.

Open space requirements.

(a)

Within the cluster housing development, a minimum of twenty (20) percent of the total parcel shall be in open space or preservation areas. Only those areas not individually owned or part of a limited common area which are designed and intended to preserve environmental features for the common use and enjoyment of all of the residents of the development shall be considered open space. They may include recreation, forestry, preserved open space, community gardens, and common wetland or woodland areas. Open space shall not include golf courses or other exclusionary commercial recreation areas, preserved areas or setback areas within a lot or unit, or land area dedicated as limited common element areas in a site condominium development.

(b)

Such open space shall be preserved by a provision, satisfactory to the city, to assure that the amenities and those areas shown on the plan for use by the public or occupants of the development will be, or have been, irrevocably committed for that purpose. Preservation mechanisms such as the following may be acceptable:

(1)

A conservation easement.

(2)

A plat dedication.

(3)

A restrictive covenant.

(4)

A master deed containing satisfactory provisions.

(5)

Distribution, gift or sale of the development rights to all property owners within the cluster housing development.

(6)

Other mechanisms determined to be acceptable by the city attorney.

Further, the instrument establishing the preserved open space area shall specify all proposed uses of the dedicated open space, which shall be shown on the approved cluster housing development plan. The instrument shall also establish a maintenance schedule, funding mechanism, and insurance and indemnity requirements to insure that operation and maintenance of the open space area is done in a satisfactory manner to the city. A homeowner's or condominium association shall be formed by the developer, and the association shall be responsible for maintenance of all open space areas after the developer has turned over control of the association to the owners.

(c)

A minimum of fifty (50) percent of all dwelling units within the development shall abut the dedicated open space.

(d)

Trailways shall be located throughout the open space and shall link the internal sidewalk/walking path system of the housing development with the open space areas. Such trail ways shall be a minimum of five (5) feet in width and constructed of asphalt in upland areas and wood plank decking in wetland areas (subject to obtaining approvals from the Michigan Department of Environmental Quality).

(e)

Upland open space areas shall be planted with native prairie grass or similar types of ground cover. In addition, five (5) trees of species nature to Michigan, which are indigenous to the state shall be planted for each one half (½) acre of such open space area. Deciduous trees shall be a minimum size of two and one-half (2½), caliper and evergreen trees shall be a minimum of six (6) feet in height.

7.

Setbacks. The following building setbacks shall be required:

(a)

Exterior yard. Lots or units which abut a major or secondary thoroughfare shall maintain the required front yard setback from the road centerline of the road as required by the zoning district.

(b)

Front yard. The minimum front yard setback within a cluster development shall be fifty (50) feet within the RL zoning district and forty-five (45) feet within the RM district as measured from the centerline of the road*.

*When a lot or unit within a cluster development abuts a lot or unit on a sideyard-to-sideyard basis which is conventionally developed using conventional setbacks, the required front yard setback within the cluster development shall be reduced by no more than five (5) feet than that required, for the lot directly abutting such conventionally platted lot. An increased front yard setback reduction may be implemented on a graduated basis so that the setback reduction for each lot or unit is no more than five (5) feet greater than the immediately adjacent lot or unit closest to the conventionally developed lot or unit until the maximum setback reduction is obtained.

(c)

Side yard. Five (5) feet side yard setbacks. No two (2) principal structures shall be located within ten (10) feet of each other.

(d)

Rear yard. The rear yard setback for lots or units with rear lot lines that abut the open space area may be reduced by one (1) linear foot in depth for each one (1) linear foot of open space depth which abuts the entire length of the rear lot line. The rear yard setback of any lot or unit with a rear lot line that does not abut the open space or which abuts the exterior boundary of a project shall maintain the rear yard setback of the zoning ordinance.

(Ord. No. 279, § 9.00, 12-12-96; Ord. No. 319, § 1, 1-9-03)

The one-family districts are established to provide principally for one-family dwellings at varying densities. The specific interest of these districts is to encourage the construction and continued use of one-family dwellings and to prohibit the use of the land which would substantially interfere with the development of one-family dwellings and to discourage any land use which, because of its character and size, would create requirements and costs for public services substantially in excess of those at the specified densities and to discourage any land use which would generate excessive traffic on local streets.

(1)

Permitted uses: (x designates district in which permitted).

* For the purpose of this section, the term "gardening" shall mean the raising of vegetables, fruit, flowers, shrubs and trees, provided such use is not operated for commercial purposes.

** No person other than members of the family residing on the premises shall be engaged in a home occupation and all such occupations shall meet the following standards: (Administrative only occupations may be considered accessory to the dwelling by the building official, provided no large delivery vehicles, clients or customers come to the dwelling).

1.

The use of the dwelling unit for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and, not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used for the purposes of the home occupation and shall be carried out completely within such dwelling.

2.

There shall be no change in the outside appearance of the structure or premises or other visible evidence of the conduct of such home occupation.

3.

Such home occupation shall not require internal alterations or construction features, equipment, machinery, outdoor storage not customary in residential areas.

4.

One (1) non-illuminated nameplate, not more than two (2) square feet in area, may be permitted, which shall contain only the name and occupation of the resident of the premises and mounted flat against the wall of the dwelling.

5.

No home occupation shall be conducted, in whole or in part, in any accessory structure, attached or detached, including garages, breezeways, porches, patios and the like.

6.

There shall be no sales of any goods, articles or services on the premises, except such as is produced by such approved home occupation.

7.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be provided by an off-street area, located other than in a required front yard.

8.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses of persons off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference with any radio or television receivers off the premises, or cause fluctuations in line voltage off the premises.

Handicapped persons applying for home occupation permits may be excused from certain provisions of this section by the zoning board of appeals, based on necessity.

(2)

Special land uses: (x designates district in which use may be permitted). The following special land uses and any use similar to those uses set forth in this section may be granted approval by the planning commission if determined to be in accordance with the provisions of article XII of this chapter.

(3)

Minimum yard requirements.

**The minimum size or lot area and width for one-family districts may be reduced as provided in the city's subdivision regulations and section 32-36 of the zoning ordinance. In no case shall a side yard setback be reduced below five (5) feet. No one-family lot shall have a depth greater than four (4) times its width.

***With the approval of the planning commission, where the size and shape of the parcel or the proposed curvilinear road pattern requires greater flexibility in subdivision design, a platted subdivision may be permitted to contain not more than fifteen (15) percent of all lots with less than the minimum lot depth. Where such permission is granted, the minimum lot width of such lot shall be increased by two (2) feet in all residential districts for each one (1) foot reduction in lot depth; however, in no case shall the lot depth of any one-family residential district be decreased by more than ten (10) feet from the depth standard contained herein.

****Front and street-side setbacks shall be measured (in feet) from the centerline of each road right-of-way (R.O.W.) in accordance with the city's master plan as follows, provided that where a front yard of greater or less depth than the required setback exists in front of more than fifty (50) percent of the lot of record on the side of the street in the same district, the depth of the front yard for any building thereafter erected or placed on any lot in such block shall be not less than the average depth of front setbacks of such existing block, and may be less than the required setback if approved under these conditions by the building official.

There shall be a minimum side yard of at least five (5) feet to any property line and a minimum distance of ten (10) feet between any buildings. This area is required to provide adequate side yard drainage on the subject site and between adjacent parcels. An accessory structure, such as a shed, shall be located within five (5) feet of any side or rear property line. (See also section 32-38).

A storm drainage plan shall be submitted for all subdivisions, site condominiums and land divisions. No building permit for new housing, additions or garages shall be issued without a building plot plan which shows adequate storm drainage.

(4)

Building requirements.

NOTE: Tri-level structures shall meet the minimum floor area requirements for story and one-half buildings and quad-levels shall meet the minimum floor area requirements for the two-story buildings.

(5)

Environmental and off-street parking. Environmental (landscaping, lighting, screening and signs) and off-street parking improvements shall be provided in accordance with articles V and VI of this chapter.

(Ord. No. 279, § 9.10, 12-12-96; Ord. No. 314, § 1, 11-8-01; Ord. No. 319, § 1, 1-9-03)

The RH residential high density multiple-family district is designed to permit a more intensive residential use of land with various types of multiple dwellings and related uses. Various types and sizes of residential accommodations for ownership or rental are thereby provided to meet the needs of the different age and family groups in the city.

(1)

Permitted uses.

a.

All principal permitted uses and special land uses permitted and as regulated in the immediate abutting one-family district.

b.

Two-family buildings, as regulated in section 32-191 (special land use approval not required).

c.

Apartments.

d.

Multiplexes.

e.

Townhouses.

f.

Accessory buildings and signs are regulated under sections 32-121(a)(2) through (8) and 32-85, respectively.

g.

Only those uses specifically permitted in this section shall be allowed in a RH district. In order to clarify the type of permitted uses, the following uses, among others, are specifically prohibited:

1.

Rental offices as an accessory building to the multiple development;

2.

Tourist home, lodging house, a boardinghouse;

3.

Motel or hotel.

(2)

Special land uses. The following special land uses and any use similar to those uses set forth in this article may be granted approval by the planning commission if determined to be in accordance with the provisions of article XII of this chapter:

a.

Churches (section 32-163).

b.

Colleges and universities (section 32-165).

c.

Convalescent and nursing homes or hospices (section 32-166).

d.

Day-care centers and nursery schools (section 32-167).

e.

General hospitals (section 32-175).

f.

Group day-care (section 32-177).

g.

Housing for the elderly or senior citizen housing (section 32-178).

h.

Planned unit development (section 32-183).

i.

Public utility buildings, without storage yards (section 32-187).

j.

Twenty-four-hour operations (section 32-190).

(3)

Minimum site and building requirements.

a.

Minimum gross site area in square feet per dwelling unit for each two-family or multiple dwelling shall provide the following area for each dwelling unit by type:

Plus an added five hundred (500) square feet for each additional bedroom over three (3).

Where an acceptable recreation, open space, commons area is part of the total development, or when land is dedicated for public purpose (such as a school and/or park site) from the total development acreage, the planning commission may reduce the minimum land area per dwelling unit. The above schedule may be modified for one to three-bedroom units by providing a deduction from the gross area minimums to a net area (gross area minus recreation and open space area) that may yield a reduction not less than the following:

* Efficiency units shall be regulated the same as one (1) bedroom units.

b.

All lots used for multiple-family buildings or two-family buildings in these districts must be provided with an approved water and sewage system. (In no case shall any lot have less than twenty thousand (20,000) square feet and one hundred (100) foot frontage.)

c.

Plans presented which include a den, library or extra room shall have such extra room counted as a bedroom for purposes of this chapter.

d.

Each development shall be limited to a maximum of ten (10) percent efficiency units unless, because of unique design features, the planning commission shall find a higher percentage desirable.

e.

Well-defined and improved recreation areas and facilities, such as parks, playgrounds, swimming pools and community buildings, shall be provided to the extent necessary to meet the anticipated needs of the residents of the development. The minimum number of square feet of recreation area and/or facilities shall be provided, in addition to all required setbacks and spacings between buildings and be provided on a per unit basis according to the following schedule:

Natural open space may be included and credited for up to one-half (½) the requirement, upon planning commission approval.

Provisions of separate adult and youth recreation areas is encouraged. Recreation facilities generally shall be provided in a central location and should be convenient to all users. In larger developments, however, recreation facilities may be decentralized or part of an approved open space area plan.

f.

For the purpose of yard regulations, each multiple-family structure shall have front, side and rear yard. Minimum spacing between one and two-story buildings within the multiple-family development shall be in accordance with the following schedule:

Spacing of buildings that are no greater than one-story in height may be given special consideration by the planning commission in reducing the distance requirements as guided by the formula in subsection (4)b.2. following.

* Parking may be permitted in up to fifty (50) percent of either the required front or rear yard, provided that there shall be at least twenty (20) feet of landscaped yard space between said parking area and the building. Tandem parking is prohibited. Townhouse and multiplex developments with carports shall not use drives or approaches for parking. Multiple-family buildings with garages may use drives for parking, as provided in section 32-94.

** If windows are present in any wall facing any other windowed wall(s), then the minimum spacing between buildings shall be equal to twice (two (2) times) that shown on the Schedule of Building Relationships, but in no case greater than the front-to-front relationship for the applicable district.

The minimum perimeter and interior yard spacing requirements may be reduced by up to ten (10) feet upon approval of the planning commission for architectural or site planning purposes, provided the yard space on the opposite side of the building is increased by the same amount (for example, if a front yard is reduced by ten (10) feet, then the rear yard shall be increased by ten (10) feet).

g.

No multiple-family building shall exceed one hundred twenty (120) feet in length along any one face of the building. The depth of any court shall not be greater than three (3) times the court's width.

h.

The front and rear of each building shall be considered to be the faces along the longest dimensions of said building or to be the direction indicated on the drawing by the designer, provided it is not inconsistent with the floor plan of the individual unit; and the side of the building shall be considered to be the face along the narrowest dimension of said building.

i.

Service drives for ingress and egress shall have minimum widths as follows: eighteen (18) feet for a one-way drive and twenty-four (24) feet for a two-way drive. All drives shall be hard-surfaced, as required under Article VII in this chapter.

j.

Landscaping. Areas of the site not required to be hard-surfaced shall be sodded and, where appropriate, planted with trees and shrubs as provided in section 32-84 of this chapter. The planning commission may also approve decorative plants and art objects which must be maintained as required for greenbelts and planted strips under this chapter.

k.

Lighting. Adequate lighting facilities shall be provided for service drives and parking areas and indicated on the site plan approved by the planning commission. Lighting shall not exceed the standards provided in section 32-86 of this chapter.

(4)

Building requirements.

a.

Maximum height of each building:

1.

In stories: Three (3).

2.

In feet: Thirty-five (35). (No dwelling units shall be allowed below grade.)

b.

Minimum yard setback from the project's perimeter:

1.

Front. One hundred twenty (120) feet from centerline of the right-of-way, with no parking permitted in the first eighty-five (85) feet of required front yard space, as measured from the centerline of the right-of-way.

2.

Side. No building shall be closer than seventy (70) feet to any local public street right-of-way and no closer than 10 + (10 × number of stories) in feet to any other property line. Yards abutting an existing or proposed major, secondary or collector thoroughfare(s), as shown on the city's master plan, shall have a minimum setback depth of one hundred twenty (120) feet from the roadway centerline.

3.

Rear. Fifty (50) feet, or as required in subsection (4)b.2. above, whichever is greater.

The perimeter side or rear setbacks may be reduced up to fifty (50) percent by the planning commission in instances where the design of the building(s) orients the visual accessibility and living areas to a courtyard or other open space away from the side or rear lot line.

c.

Minimum floor areas for multiple-family shall be as follows:

1.

Efficiency unit. The term "efficiency unit" shall mean a dwelling unit containing a minimum of three hundred twenty (320) square feet of floor area and consisting of not more than one (1) room in addition to kitchen, dining and necessary sanitary facilities.

2.

One-bedroom unit. The term "one-bedroom unit" shall mean a dwelling unit containing a minimum floor area of at least six hundred (600) square feet per unit, consisting of not more than two (2) rooms in addition to kitchen, dining and necessary sanitary facilities.

3.

Two-bedroom unit. The term "two-bedroom unit" shall mean a dwelling unit containing a minimum floor area of at least eight hundred (800) square feet per unit, consisting of not more than three (3) rooms in addition to kitchen, dining and necessary sanitary facilities.

4.

Three or more bedroom unit. The term "three or more bedroom unit" shall mean a dwelling unit wherein for each room, in addition to the three (3) rooms permitted in a two (2) bedroom unit, there shall be provided an additional area of two hundred (200) square feet to the minimum floor area of eight hundred (800) square feet per additional bedroom.

In addition to the above minimum floor area per unit, thirty-two (32) square feet shall be provided in each unit for utilities space (washer, dryer and work space). Buildings with enclosed common tenant or occupant hallways, such as apartment structures, may provide central utility rooms in lieu of the individual unit spaces required above. In each building where a central utility room is permitted, internal access shall be provided from each dwelling unit; the central utility room shall contain twenty (20) square feet for each dwelling unit in the building; and there shall be one (1) washer and one (1) dryer for every four (4) dwelling units or fraction thereof.

(5)

Environmental and off-street parking.

a.

Environmental (landscaping, lighting, screening and signs) and off-street parking improvements shall be provided in accordance with Articles V and VI of this chapter.

b.

Where any recreation vehicles are permitted in the development, adequate fenced, locked or secured and visually buffered parking and storage spaces shall be provided in addition to those required in subsection (5)a. above. Such parking shall be collective and in a central location. In no case, however, shall a recreation vehicle be parked or stored closer than thirty (30) feet to any building or site boundary line.

c.

Parking or storage of commercial vehicles or trailers on the premises is prohibited.

(Ord. No. 279, § 9.20, 12-12-96; Ord. No. 390, § 1, 10-11-18)

The REC recreational district is a unique district established to provide principally for the golf course in the city, as well as other principally outdoor type recreation uses.

(1)

Permitted uses.

a.

All permitted uses in RM districts, provided such uses comply with the regulations established for these uses in their respective zoning districts.

b.

Private parks and outdoor recreational facilities, together with their accessory uses, upon approval of the planning commission and subject to the standards of section 32-153.

c.

Signs and nameplates, as specified under section 32-85.

(2)

Minimum area, height and placement requirements.

a.

Minimum size of lot:

1.

Area: One (1) acre.

2.

Width: One hundred (100) feet.

b.

Maximum height of any structure:

1.

In stories: Two and one-half (2½).

2.

In feet: Thirty-five (35).

c.

Minimum yard setbacks:

1.

A minimum yard of twenty-five (25) feet shall be required; provided, however, no building or structure, in conjunction with any recreational use, shall be located closer than twenty-five (25) feet or a distance equal to the height of the building or structure, whichever is the greater, from any lot line or zoning district line.

2.

No activity shall take place within twenty-five (25) feet of the perimeter of the recreation area. All such activities shall be adequately screened from abutting residentially zoned property by means of a protective wall or greenbelt, as described in section 32-82.

3.

Related accessory commercial uses may be permitted in conjunction with recreation use when it is clearly incidental to the main recreational character of the use, and such related accessory uses shall not include the sale, servicing or repair of any vehicles or equipment used on the site, except that owned by the proprietor.

d.

Off-street parking:

1.

There shall be one (1) parking space for every two (2) member families or individuals in private clubs and/or one (1) parking space for every two (2) users at maximum capacity, plus one (1) space for each employee in public courses.

2.

All off-street parking shall be constructed to the standards shown in Article VI.

(Ord. No. 279, § 9.30, 12-12-96)