Grosse Ile Township
City Zoning Code
City Zoning Code
ARTICLE 3
Single-Family Residential Districts
[Ord. No. 209, effective 9-25-1994; amended by Ord. No. 225.5, effective 2-12-1996; Ord. No. 258, effective 4-18-1999; Ord. No. 271, effective 8-29-1999; Ord. No. 286, effective 7-16-2000; Ord. No. 292, effective 9-24-2000; 7-22-2002; 11-11-2002 by Ord. No. 02-07; 1-13-2003 by Ord. No. 03-01; 1-13-2003 by Ord. No. 03-01.5; 8-30-2004 by Ord. No. 04-01; 7-24-2006 by Ord. No. 06-06; 7-23-2007 by Ord. No. 07-02]]
285-3.1 Intent.
The regulations concerning single-family residential districts provide for a residential environment consisting of predominantly low-density, single-family dwelling units, with a limited range of other uses that are considered necessary or appropriate to enhance the quality of life within Grosse Ile's residential neighborhoods. More specifically, the regulations set forth herein are intended to:
Provide a high-quality residential living environment which encourages safety and enhancement of property values;
Protect open areas, shorelines, woodlands, wetlands, and other distinctive natural features that contribute to the overall quality of life on Grosse Ile;
Ensure development is in accordance with the availability of public utilities, facilities, and services;
Prevent overcrowding by establishing standards for density, minimum lot sizes and minimum yard dimensions;
Protect residential areas by promoting traffic volumes and speeds consistent with the neighborhood character based on a hierarchy of street functional classification;
Discourage development which is inconsistent with the quality and design of existing residential neighborhoods;
Accommodate care facilities that are single-family residential in character while avoiding an excessive concentration of these facilities within the single-family residential districts; and
Ensure infill development is consistent with the character of established neighborhoods, is compatible with the size, scale, setback, and architectural character of surrounding homes, does not overbuild small lots, minimizes impacts to views, privacy, and access to sunlight and contributes to the distinct, cohesive character in the various neighborhoods, which are significant factors in the Township's quality of life.
285-3.2 Residential districts established.
In consideration of the above intent, six single-family residential districts have been established as follows:
R-1-A Single-Family District: includes standards which recognize the unique characteristics along the shoreline through requirements for larger lots and special measurements of setbacks to preserve views and open space, and accommodates the lowest density development on primarily waterfront property.
R-1-B Single-Family District: includes standards which regulate development in most developed residential areas in the Township, including most existing single-family subdivisions.
R-1-C Single-Family District: addresses special considerations in the existing small lot subdivisions within the Township. No additional R-1-C is considered appropriate on Grosse Ile due to overcrowding, demand on public services and the environmental impact which would result from additional development at this density.
R-1-D Single-Family District: accommodates low-density development.
R-1-E Single-Family Overlay District: is designed to permit maintenance of the existing smaller lots within the R-1-A, R-1-B, R-1-C and R-1-D Districts, while ensuring that newly created lots or buildable sites shall be developed at a larger lot size that is necessary to protect the public health safety and welfare that would be otherwise impacted by higher-density development. This overlay district is intended to allow further development while limiting density to a level that is within the capacity of the Township's roadways, schools, water, sewer, storm drainage, and other public services. It is further the intent of this district to limit the impact that new development will have on the natural features of the island.
R-1-F Hickory Island Single-Family District: reflects the unique characteristics of the historic development of Lower Hickory Island. This island was platted in 1905 with smaller lots and predates the enactment of the first zoning ordinance. This island has been largely built-out in a pattern that is unique from most other areas of Grosse Ile.
285-3.3 Permitted uses.
In the single-family residential districts, no building shall be erected and no building or land shall be used except for the following uses, unless otherwise permitted in this chapter, or by state or federal law, subject to the standards and requirements set forth herein:
Principal uses.
Essential services not including buildings or storage yards, when operating requirements necessitate their location within the district to serve the immediate vicinity as determined by the Planning Commission.
Land designated as public parks public open space, bike paths and lands designated for preservation as part of the natural drainage system.
State-licensed adult foster care family home in a single-family residence (six or fewer adults).
State-licensed adult foster care family home in a single-family residence (six or fewer adults; foster care five or more days per week).
Family day care (one to six children, less than 24 hours' care).
Foster family home (one to four children, 24 hours' care).
Accessory uses, buildings and structures. The following accessory uses, buildings and structures customarily incidental to any of the principal uses, when located on the same parcel and not involving any business, profession, or trade, except as provided for herein, shall be permitted, subject to the provisions set forth in Article 19, General Provisions.
A garage designed and used for the storage of vehicles owned and customarily used as part of a residential lifestyle by the occupants.
[Amended 4-19-2012 by Ord. No. 12-02]
A private stable, subject to the conditions contained in Chapter 130, Horses, of the Municipal Code.
A private swimming pool, subject to conditions contained in Chapter 241, Swimming Pools, of the Municipal Code.
Off-street parking and storage shall be permitted on lots with a principal structure as follows:
One recreational vehicle, small utility trailer or truck with a maximum capacity of one ton shall be permitted, subject to the following:
Such vehicle shall be the property of the occupant, have a current year's license, and be stored within a garage or in the nonrequired side or nonrequired rear yards for accessory buildings (i.e., not within required accessory building setbacks) when not in use.
There shall be no parking of recreational vehicles and commercial vehicles over one ton within a public street right-of-way or private road access easement for a period of time exceeding four hours in any given day, except as provided for in Subsection B(4)(a)[4] below.
A stored, parked or placed recreational vehicle may only be occupied or used for living purposes for a total of one week during any one calendar year. Occupancy of a recreational vehicle may only be permitted if the occupant of the recreational vehicle is the occupant of such lot or permanent residence, or a relative of the occupant of such lot or permanent residence, and the recreational vehicle is parked in such a manner that it complies with all other parking ordinances and regulations in effect at that location. At no time shall any such recreational vehicle have connections to water, gas or a sanitary sewer.
Commercial vehicles over one ton parked on the site are permitted only in conjunction with a valid building permit.
Boats shall be permitted, provided that they are the property of the occupant with current license. Any such boat shall be stored in a garage or in the nonrequired side or rear yard (i.e.; not within the required setbacks) and on a trailer.
Operable passenger vehicles owned by the occupant and licensed for the current year shall be permitted.
Waterfront uses shall be permitted in accordance with the provisions set forth in Article 17, Waterfront Provisions.
Fences or walls shall be permitted, subject to conditions contained in Chapter 103, Fences and Walls of the Municipal Code.
Home occupations within a residential dwelling, where all employees reside in the residence, and in accordance with Article 19, General Provisions.
Special land uses.
In accordance with the following schedule, the uses identified shall be permitted as special land uses in the single-family residential districts, subject to the standards and requirements set forth herein and subject to the standards and approval requirements set forth in Article 22, Special Land Use Review.
[Amended 4-19-2012 by Ord. No. 12-02]
Use | R-1-A | R-1-B | R-1-C | R-1-D | R-1-E | R-1-F | |
|---|---|---|---|---|---|---|---|
Schools | Yes | Yes | No | Yes | 1 | No | |
Churches | Yes | Yes | No | Yes | 1 | No | |
Child-care centers or day-care centers | Yes | Yes | No | Yes | 1 | No | |
Golf clubs | Yes | Yes | No | Yes | 1 | Yes | |
Boat clubs | Yes | Yes | No | Yes | 1 | Yes | |
Cemeteries | Yes | Yes | No | No | 1 | No | |
Public utility buildings | Yes | Yes | Yes | Yes | 1 | Yes | |
Adult foster care small group (7 to 12 adults) | Yes | Yes | Yes | Yes | 1 | Yes | |
Group day care (7 to 12 unrelated children/private residence) | Yes | Yes | Yes | Yes | 1 | Yes |
NOTES: | ||
|---|---|---|
1. | The special land uses allowed in the R-1-E Overlay Zoning District shall be the same as the underlying district. | |
Special land uses shall be subject to the following provisions:
Schools shall include public, parochial, and private elementary, intermediate, and/or high schools offering courses in general education, and shall be subject to the following provisions:
Minimum setback for principal and accessory structures shall be 40 feet.
A continuous obscuring wall or landscaped screen shall be provided to screen off-street parking from any adjacent land used for residential purposes meeting the requirements of Article 13, Landscape, Screening and Walls.
A school shall have direct access to a collector or arterial road.
Churches shall be subject to the following provisions:
Minimum setback for principal and accessory structures shall be 40 feet.
A continuous obscuring wall or landscaped screen shall be provided to screen off-street parking from any adjacent land used for residential purposes meeting the requirements of Article 13, Landscape, Screening and Walls.
Churches shall have direct access to a collector or arterial street.
Day-care facilities and schools operated as part of a church, excluding child-care facilities during religious services, are subject to the specific standards and requirements for these uses.
Child-care centers or day-care centers shall be subject to the following provisions:
The minimum property size shall be one acre for each 40 children, or fraction thereof, that the facility is licensed to care for. The lot shall have a minimum road frontage of 150 feet.
The site shall be on the perimeter of a single-family residential zoning district, abut an institutional use or a nonsingle-family zoning district, and have direct access to a paved public road.
There shall be at least 150 square feet of outdoor play area per child for whom care is being provided; but in no instance shall the total outdoor play area be less than 5,000 square feet in size. All required outdoor play areas shall be fenced in accordance with the regulations of this chapter, provided that no fence shall be located in a front yard (including both front yards on a corner lot).
There shall be at least 50 square feet of indoor classroom, crib or play area per child for whom care is provided.
Parking lots and dropoff/pickup areas shall be set back at least 30 feet from any side or rear lot line abutting residentially zoned land that is vacant or includes a dwelling unit, and 10 feet from any side or rear lot line abutting nonresidential uses or zoning districts. Parking lots shall be located in the rear or side yard; the Planning Commission shall determine the appropriate location of the parking lot to minimize the impact on adjacent residential districts. A dropoff/pickup loop drive may be in the front yard, provided that the dropoff/pickup spaces are set back 40 feet from the front lot line and provided that on corner lots, the drive shall be in the front yard that minimizes impact on adjacent residential districts, as determined by the Planning Commission.
Minimum setback for principal and accessory structures shall be 40 feet.
Landscaping shall be provided in accordance with Article 13. The landscape buffer shall be a twenty-foot wide landscape buffer adjacent to a residential district and along the exterior of any fence that includes a minimum of one deciduous tree, one evergreen tree and four shrubs per each 30 linear feet along the property line, rounded upward. Parking lot screening shall be as described for a nonresidential use abutting a single-family residential zoning district, in accordance with Article 13.
The building shall have an appearance which is nonintrusive and consistent in color, materials, roofline and architecture with the single-family residential district in which it is located, as determined by the Planning Commission.
Where child care is the principal use, hours of operation shall be Monday through Friday and not begin before 6:30 a.m. or end later than 8:00 p.m.
Any exterior lighting shall be limited to a maximum intensity of 0.1 footcandle at all property lines.
The facility shall continually have on file with the Township documentation of a valid license as required by the state.
Cemeteries shall be subject to the following provisions:
Minimum property size shall be 20 acres.
All grave sites, buildings and structures shall be set back at least 100 feet from all property lines.
The Planning Commission shall determine that the cemetery will have a park-like setting through preservation or provision of woodlands, landscaping and open spaces.
At least one property line of the site shall abut an arterial roadway which provides all vehicular access to the site;
The perimeter of the site shall be enclosed by a decorative wall or decorative fence. The fence material shall be subject to approval by the Planning Commission in relation to surrounding area;
A landscaped greenbelt at least 10 feet in width, meeting the requirements of Article 13, Landscaping, Screening and Walls, shall be provided along the entire perimeter of the site, except where ingress and egress drives are located.
Uses such as crematoriums, mausoleums, casket sales and monument sales are not permitted as an accessory use, but require a separate special land use review. Setbacks shall be compatible with adjacent uses, as determined by the Planning Commission. If these uses are proposed, the applicant shall describe the use and storage of all potentially hazardous materials, secondary containment measures and provide a pollution incidence prevention plan (PIPP) for approval by the Planning Commission and the Fire Department.
Boat clubs shall provide a continuous obscuring wall or landscaped screen to screen off-street parking and boat dry-dock storage from any adjacent land used for residential purposes meeting the requirements of Article 13, Landscape, Screening and Walls.
Group day-care centers shall be subject to the following provisions:
Group day-care centers shall provide at least 150 square feet of outdoor play area per child for whom care is being provided; the total outdoor play area shall not be less than 5,000 square feet in size. All outdoor play areas shall be fenced.
Three pickup parking spaces and one parking space for each employee shall be provided on the site.
Group day-care centers shall be properly licensed as required by the state.
Group day-care centers shall be separated at least 1,500 feet from any other state-licensed care facility (measured in any direction from the property line).
State-licensed adult foster care small and large group homes (seven to 12 adults) separated at least 1,500 feet from any other state-licensed care facility (measured in any direction from the property line).[1]
[1]
Editor’s Note: Former Subsection C(2)(h), regarding home occupations in residential dwellings employing no more than one outside employee, was repealed 4-19-2012 by Ord. No. 12-02.
285-3.4 Required conditions.
Off-street parking and loading requirements. Parking and loading shall be provided as required in Article 12, Parking and Loading Requirements.
Waterfront regulations. All development along the Detroit River and interior canals shall conform to the regulations set forth in Article 17, Waterfront Provisions.
Lighting requirements. Outdoor lighting shall conform to the regulations set forth in Article 19, General Provisions.
Residential design standards. All structures used as principal residences shall comply with the following standards, including any new dwellings or additions to any existing dwellings:
Any residential structure shall be placed on a permanent foundation to form a complete enclosure under the exterior walls. The foundation shall be constructed in accordance with the adopted Building Code of the Township.[1] Any residential structure shall be securely anchored to its foundation in order to prevent displacement during windstorms.
Residential structures shall be constructed in compliance with applicable state, federal, or local laws or ordinances. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements. Where there are conflicting applicable regulations, the more stringent shall apply.
If the dwelling unit is a manufactured home, the manufactured home must either be:
New and certified by the manufacturer and/or appropriate inspection agency as meeting the United States Department of Housing and Urban Development, Mobile Home Construction and Safety Standards (24 CFR 3280), as amended, or any similar successor or replacement standards which may be promulgated; or
The exterior siding of a dwelling shall consist of materials that are generally acceptable for site-built housing, provided that the reflection from such exterior surface shall be no greater than from white semi-gloss exterior enamel, and provided further that any such exterior is comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction in Grosse Ile Township.
All dwelling units shall be located on the lot so that the minimum width of the front elevation is no less than 28 feet and the minimum dimension along any side or rear elevation is no less than 24 feet. Such dimensions shall be measured from the outer extremities and shall include additions to the main body of the dwelling, such as living or recreation rooms, garages, carports, utility rooms, and the like, the front portions of which are within 10 feet of the front of the main body of the dwelling.
All dwelling units shall have a minimum roof pitch of 4:12. The Planning Commission may approve a residential building with a roof pitch of less than 4:12 based upon a review of the proposed architecture under Subsection E(8)(d). All dwellings shall be designed with either a roof overhang of not less than six inches on all sides or with windowsills and roof drainage systems to concentrate roof drainage at collection points along the sides of the dwelling.
The front facade of dwellings shall not be dominated by garage doors. Garage doors facing the street shall not consist of more than 50% of the linear facade length facing the street.
The floor area ratio and percent lot coverage ratio of any proposed single-family dwelling unit shall not exceed the following limits unless approved by the Planning Commission.
The floor area ratio (FAR) of any proposed single-family dwelling shall not exceed 22% except in the R-1-C and R-1-F Zoning Districts where the FAR shall not exceed 25%. In addition, the FAR of the proposed dwelling shall not exceed 150% of the average FAR of other surrounding single-family dwellings as described in Subsection E(8)(c) below. The FAR shall be calculated as the ratio of the usable floor area of the principal building to the net area of the lot, not including basements, garages and detached accessory structures.
The lot coverage ratio (LCR) of any proposed single-family dwelling, including attached and detached accessory structures, shall not exceed 20%, except in the R-1-F Zoning District where the LCR shall not exceed 25% and the R-1-C Zoning District where the LCR shall not exceed 35%. In addition, the LCR of the proposed dwelling shall not exceed 150% of the average LCR of other surrounding single-family dwellings as described in Subsection E(8)(c) below. The LCR shall be calculated as the ratio of the ground area covered by the principal building and all accessory structures to the net lot area.
The average FAR and LCR of other surrounding single-family dwellings shall be calculated as the opposing lot, two closest lots in each direction along both sides of the street that the subject lot fronts and all lots abutting the rear and side lot lines of the subject lot, except under the following conditions:
Only lots in the same zoning district as the subject lot shall be included.
Where there are not existing dwellings on all sides of the proposed dwelling, then the 10 closet dwellings, as determined by the Zoning Administrator, shall be utilized.
Where there are individual lots in the surrounding area that are significantly dissimilar from the other lots utilized in calculating the average FAR or LCR for surrounding dwellings by virtue of significantly larger lot area or smaller building size, the Zoning Administrator may eliminate up to two such dissimilar lots in the average FAR and LCR calculation and substitute the next two closest similar lots. "Significantly dissimilar" shall mean a lot that is at least 100% larger than the subject lot or a lot that has a fifty-percent greater or smaller FAR or LCR than the other lots used in the calculation.
Where a lot is located at the boundary of a subdivision that is adjacent to a separate subdivision with significantly dissimilar lots, the Zoning Administrator may utilize the 10 closest lots within the same subdivision as the subject lot for the average FAR and LCR calculations.
Where the average of other surrounding dwellings would limit the floor area of a proposed dwelling to less than 2,500 square feet, a dwelling of up to 2,500 square feet with up to 900 square feet of total detached, and attached accessory building floor area shall be permitted without Planning Commission approval.
The Planning Commission may grant approval to allow dwellings larger than the limits in Subsection E(8)(a) and (b) above based upon the following, provided that such increase shall not be greater than an additional 5% (i.e., increased from 20% to 25%).
A sketch plan, including building footprint with building size, setback dimensions and lot coverage calculations, elevations for all sides of the building and details on building materials shall be provided for Planning Commission approval. The Planning Commission may also require that the applicant provide additional information to demonstrate that the requested construction meets the standards of this section. Such information may include a photographic inventory of nearby homes, cross sections or plan views that illustrate the relationship to adjacent homes or a report by an architect.
Notice of the Planning Commission hearing to consider the sketch plan shall be provided to the surrounding dwellings described in Subsection E(8)(c) above.
The Planning Commission shall utilize the following standards in review and approval of dwellings larger than the limits in Subsection E(8)(a) and (b) above:
The proposed building appearance shall be similar and compatible with the general character of the area and reflect a continuity of design with surrounding buildings by maintaining the architectural styles, details, building materials, roof pitch, building massing, height, garage orientation and design themes of surrounding dwelling units.
The proposed building shall be in accordance with the area and bulk regulations of § 285-3.5; however, if dimensional variances are requested, they shall be considered the minimum number and amount deemed reasonable by the Planning Commission and the ZBA.
The building massing, height and orientation shall not unreasonably impact adjacent property privacy, views and access to light.
For a new subdivision or site condominium, the Planning Commission may set the maximum lot coverage and floor area ratio that will be applicable to all dwellings to be constructed in such development. Items required under Subsection E(8)(d)[1] above shall be submitted for typical model floor plans with the final preliminary plat and reviewed by the Planning Commission based upon the standards of Subsection E(8)(d)[2] above.
285-3.5 Area and bulk regulations.
Any structure or use of the land in a single-family residential district shall be subject to the area and bulk regulations of the following Table 3.5 [subject to Subsection B(1) through (11)].
Table 3.5 Area and Bulk Regulations For Single-Family Residential Districts[1] | ||||||||
|---|---|---|---|---|---|---|---|---|
Requirement | R-1-A(2) | R-1-B(2) | R-1-C(2) | R-1-D(2) | R-1-E(2) | R-1-F(2),(11) | ||
Minimum lot area per dwelling unit(1) (square feet) | 30,000 | 16,000 | 6,500 | 20,000 | 30,000 | 10,000 | ||
Minimum lot width (feet) | 80 | 80 | 40 | 100 | 125 | 40 | ||
On corner lots | 100 | 100 | 75 | 100 | 125 | 40 | ||
Minimum setbacks (feet) | ||||||||
Front yard(3) (4) | 40(5) | 40 | 30 | 40 | 40 | 50 | ||
Side yard | 6(6) | 6(6) | 5 | 12 | 12 | 5(7) | ||
Combination of both side yards | 18 | 18 | 10 | 28 | 28 | 10(7) | ||
Rear yard(10) | 40 | 40 | 30 | 40 | 40 | 30 | ||
For accessory buildings | 6(8) | 6(8) | 6(8) | 12(8) | 12(8) | 3(7) | ||
Natural feature(9) | 25 | 25 | 25 | 25 | 25 | 25 | ||
Minimum usable floor area per dwelling unit (square feet) | 1,500 | 1,200 | 1,000 | 1,800 | 1,800 | 1,000 | ||
Maximum height (feet) | 35 | 30 | 30 | 30 | 30 | 30 | ||
Notes pertaining to development regulations:
The minimum net lot area shall be calculated exclusive of any submerged area or area occupied by a public street right-of-way or an access easement. Every newly created lot must have a sufficient building envelope, exclusive of any regulated wetlands, to meet required zoning district setbacks, greenbelt buffers, off-street parking requirements and accessory uses as specified in the Zoning Ordinance.
The R-1-E Single-Family Residential Overlay Zoning District shall apply to all land areas of the Township that are zoned R-1-A, R-1-B, R-1-C, R-1-D and R-1-F, as follows:
Existing lots of record: Any lot of record in the R-1-A, R-1-B, R-1-C, R-1-D or R-1-F Zoning Districts created prior to the establishment of the R-1-E Single-Family Residential Overlay Zoning District (July 16, 2000) shall equal or exceed the lot size indicated in Table 3.5 above for the respective R-1-A, R-1-B, R-1-C, R-1-D or R-1-F underlying zoning district. Any lot of record that fails to meet the R-1-A, R-1-B, R-1-C, R-1-D or R-1-F minimum lot area indicated in Table 3.5 above shall be subject to the nonconforming lot provisions of Article 18, Nonconforming Lots, Structures and Uses. The adjustment of a lot line between two adjoining lots of record where an additional buildable lot is not created (simultaneous split-combination) may be permitted, subject to the land division provisions of Article 19, General Provisions, provided that such resulting parcels equal or exceed the lot size indicated in Table 3.5 above or, in the case of nonconforming lots of record, such adjustment will decrease nonconformity with the minimum lot size requirement.
Creation of new buildable lots: Any lot created in the R-1-A, R-1-B, R-1-C, R-1-D or R-1-F Zoning Districts after the establishment of the R-1-E Single-Family Residential Overlay Zoning District (July 16, 2000) by means of a land division, replat, subdivision or site condominium shall meet the standards of the R-1-E Single-Family Residential Overlay Zoning District. Within the R-1-E Overlay Zoning District a site may be developed as an open space development as provided for in Subsection B(11) below. All newly created lots shall have frontage on a public road meeting the requirements of Article 19, General Provisions.
Buildings on corner lots or through lots shall meet the front yard setback on all sides abutting a public street, private road or waterfront.
In the case of a lot which fronts on both a road and on a shoreline. The setbacks of any building subsequently erected shall not be less and need not be greater than the average road and shoreline setbacks. (See Figure 4, Article 1, Rules of Construction and Definitions.) The minimum required setback from the shoreline in the R-1-F District shall be the more restrictive between the average shoreline setback and a line that is parallel to the street at a distance of 215 feet from the street front lot line.
Except as permitted by the Waterfront Regulations set forth in Article 17, no dwelling unit, building, or structure shall be erected or constructed on land lying between East River Road and the bulkhead line of the Detroit River between Horsemill Road and Manchester Road, and on land lying between West River Road and the bulkhead line of the Detroit River between Horsemill Road and Groh Road.
Within the R-1-A and R-1-B Zoning Districts, principal and permitted uses on adjoining lots shall have a minimum spacing of 18 feet between principal structures, measured perpendicular to the common lot line.
Within the R-1-F District, the minimum spacing between principal dwellings units shall be 10 feet, provided that architectural features listed in § 285-19.6 shall not be permitted to project within five feet of the lot line. Any new principal dwellings or additions to existing principal structures shall provide a minimum spacing of 12 feet from adjacent dwellings.
Natural feature setback shall be maintained in relation to the ordinary high-water mark of any pond, river or channel, and to the edge of any drainageway or regulated wetland. Only waterfront structures and appurtenances, as permitted in Article 17, Waterfront Provisions, may be located within the natural feature setback. This setback may be reduced by the Planning Commission upon a determination that it is clearly in the public interest. In determining whether the setback reduction is in the public interest, the benefit which would reasonably be expected to accrue from the proposed development shall be balanced against the reasonably foreseeable detriments to the natural feature. The following general criteria shall be applied in undertaking this balancing test:
The relative extent of the public and private need for the proposed activity.
The availability of feasible and prudent alternative locations and methods to accomplish the expected benefits from the activity, including alternatives which are off-site or on other commercially available properties.
The extent and permanence of the beneficial or detrimental effects which the proposed activity may have on the public and private use to which the area is suited, including the benefits the wetland provides.
The probable impact of the proposal in relation to the cumulative effect created by other existing and anticipated activities in the watershed.
The probable impact on recognized historic, cultural, scenic, ecological, or recreational values and on the public health or fish or wildlife.
The size and quality of the wetland.
Proximity to any waterway.
Extent to which upland soil erosion adjacent to protected wetlands or drainageways is controlled.
Economic value, both public and private, of the proposed land change to the general area.
Findings of necessity for the proposed project which have been made by other state or local agencies.
On a double frontage lot the required rear yard setback shall be provided from the greenbelt required by § 285-13.3B.
Within the R-1-E Single-Family Residential Overlay Zoning District a site may be developed as an open space development, subject to the following:
An open space development may be approved by the Township Board, based upon a recommendation by the Planning Commission following the review procedures and approval standards for special land uses contained in Article 22, Special Land Use, in addition to the review and approval procedures for subdivision plats contained in Chapter 238, of the Municipal Code, Subdivision Control, or site condominiums contained in Chapter 71, of the Municipal Code, Condominium Projects. The process followed in review of the plat or site condominium and the open space development shall be as follows:
Step | Stage of Review | Item(s) Reviewed | Action | |
|---|---|---|---|---|
1 | Pre-preliminary review | R-1-E parallel plan and open space development plan | Planing Commission public hearing | |
2 | Preliminary plat, tentative approval | R-1-E parallel plan | Planning Commission approval of parallel plan | |
3 | Preliminary plat, tentative approval and special land use approval | Open space development plan | Planing Commission public hearing and recommendation to Township Board | |
4 | Preliminary plat, tentative approval and special land use approval | Open space development plan | Township Board approval | |
5 | Preliminary plat, final approval | Open space development plan | Planing Commission recommendation to Township Board | |
6 | Preliminary plat, final approval | Open space development plan | Township Board approval | |
7 | Final plat approval | Open space development plan | Township Board approval |
To be eligible for open space development consideration, the applicant must present a proposal for residential development that meets each of the following:
An open space 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 Township. The benefits can be provided through site design elements in excess of the requirements of this chapter, such as extensive landscaping, unique site design features, preservation of woodlands and open space, particularly along major thoroughfares or waterways, buffering development from wetlands and shorelines, and provision of buffers from adjacent residential.
The site shall contain significant natural assets, such as woodlands, significant views, natural drainageways, regulated or nonregulated wetlands, or natural corridors that connect quality wildlife habitats which would be in the best interest of the Township to preserve and which might be negatively impacted by conventional residential development.
The proposed development shall be designed to create a cohesive neighborhood 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 or the public.
The site must be large enough to provide a minimum of 15 lots on the parallel plan.
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. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, contracts, covenants, and/or deed restrictions that indicate that the development will be completed in its entirety as proposed.
The proposed development shall be consistent with and further the implementation of the Township Master Plan.
Residential density shall be determined by a parallel plan that illustrates how the site could be developed as a conventional R-1-E subdivision, meeting all applicable Township and county zoning and subdivision requirements. The parallel plan shall be submitted with the open space development at each stage of review and shall contain all information required for a preliminary plat. The Township 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 open space development, provided that this amount may be reduced based upon design requirements for an open space development.
All lots shall comply with the dimensional standards of the R-1-E Zoning District, provided that the lot area may be reduced in order to preserve a minimum of 50% of the total site area as common open space meeting the requirements of Subsection B(11)(e) below and the lot width may be reduced to 100 feet. Lot width may be further reduced by the Planning Commission to a minimum of 80 feet where such reduction is clearly demonstrated to preserves natural features. The road frontage requirements of Article 19 shall be complied with. All setback and other dimensional standards of the R-1-E Zoning District shall be complied with. The Zoning Board of Appeals shall have no authority to grant variances within an open space development. The layout of the open space development shall comply with the requirements Chapter 238 of the Municipal Code, Subdivision Control.
A minimum of 50% 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, utilities or other improvements. Such open space shall be arranged on the site to meet all of the following requirements, provided that the Planning Commission may modify these standards where it is demonstrated that additional natural features will be preserved elsewhere on the site:
Common open space shall be planned in locations that are visible and accessible from a roadway with a minimum roadway frontage of 50 feet.
Landscape greenbelts shall be maintained between the rear yards of lots.
All wetlands and areas within 50 feet of a wetland or shoreline shall be preserved as open space.
A one-hundred-foot deep open space area shall be preserved along road frontages bordering the open space development and adjacent to existing residential lots.
Open space shall be located to minimize removal of woodlands regulated under the Woodlands Protection Ordinance. The open space development shall preserve a minimum of 60% of the woodlands on the site. Any landmark tree shall be located within open space.
Open space may include recreational trails, picnic areas, parks and greenways, but shall not include a golf course or utility easements. The Planning Commission may permit recreational buildings within the open space.
The applicant shall provide a detailed habitat and floristic quality assessment for the site with the initial application. Such assessment shall be prepared by a qualified professional, such as a biologist or landscape architect, following methods recommended by the Michigan Department of Environmental Quality. As an alternative, the Township may have the Township's consultant perform the assessment at the applicant's cost. If animal or plant habitats of significant value exist on the site, the Township, as a condition of approval, may require that the site plan preserve these areas in a natural state and adequately protect them as nature preserves.
A landscape plan shall be prepared for the open space as part of the preliminary plat that will provide for the establishment of a woodland. Trees of a species native to Michigan shall be provided to equal the total amount of DBH for each six-inch or larger tree that is proposed to be removed within the construction zone of the site. A range of sizes shall be provided with the minimum size of one-inch caliper and the average size of two-inch caliper. This shall apply in addition to all landscaping requirements of the Subdivision Control Ordinance and Article 13, Landscaping, Screening and Walls.
Prior to any development or clearing, barrier fencing shall be installed at the perimeter of the root zone of woodlands to be preserved. Barrier fencing shall be a minimum of four feet in height. The fencing shall be inspected and approved by the Township prior to site clearing and shall remain in place in good condition until it is authorized to be removed by the Community Development Department. As part of the final open space plan, the Planning Commission may require permanent ornamental fencing, such as split rail fencing, or other measures to delineate the open space from individual lots.
A preservation and maintenance plan for the open space shall be submitted with the final preliminary plat and shall include mechanisms for the long-term funding of open space preservation. The Township may require bonds or other funding mechanisms to ensure long-term maintenance of open space.
The dedicated open space shall be set aside by the developer through an irrevocable conveyance that is found acceptable to the Township, such as recorded deed restrictions, covenants that run perpetually 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 Township 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 copies of recorded deeds are filed with the Township. The developer may dedicate the open space to a conservation organization or the Township for rezoning to O-1 Open Space District, provided that such dedication shall be subject to approval by the Township Board.
The deed restrictions or master deed and bylaws shall be submitted as part of the application for final approval of the preliminary plat and shall outline measures to protect the open space and shall specify restrictions on the development of individual lots. The Planning Commission may require additional limitations be placed on accessory structures based upon the reduced sizes of the clustered lots.
Reasonable conditions may be required with the special approval of an open space 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 Township Master Plan.