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Parchment City Zoning Code

ARTICLE 5

- R-A ONE-FAMILY RESIDENTIAL DISTRICT

Section 5.1.- Intent.

The R-A, One-Family Residential Districts are established as districts in which the principal use of land is for one-family dwellings. For the one-family residential districts, in promoting the general purpose of this Ordinance, the specific intent is:

1.

To encourage the construction of, and the continued use of the land for one-family dwellings.

2.

To prohibit business, commercial or industrial use of the land, and to prohibit any other use which would substantially interfere with development or continuation of one-family dwellings in the district.

3.

To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this Ordinance.

4.

To discourage any land use which would generate traffic on minor or local streets other than normal traffic to serve the residences on those streets.

5.

To discourage any use which, 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 one-family dwellings.

Section 5.2. - Principal uses permitted.

in a one-family residential district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this Ordinance:

1.

One-family detached dwellings, occupied by a single family, as defined in this Ordinance.

2.

Publicly owned and operated parks, parkways and recreational facilities.

3.

Cemeteries which lawfully occupied land at the time of adoption of this Ordinance.

4.

Public, parochial and other private schools offering courses in general education and not operated for profit.

5.

Home occupation in accordance with section 12.15.

6.

Bed and breakfast operations in accordance with section 12.16.

7.

Accessory buildings and uses, customarily incident to any of the above permitted uses, including those subject to section 5.6 hereinafter.

(Ord. No. 199, Art. III, 1-20-14)

Section 5.3. - Principal uses permitted subject to special conditions.

The following special condition uses shall be permitted, subject to the conditions hereinafter required for each use, subject to any and all reasonable conditions which may be imposed in accordance with section 4c.(2) of the City-Village Zoning Act, as may be amended, and further subject to the review and approval by the planning commission and city commission as specified in section 13.3, "Review and Approval of Conditional Uses," and section 13.1, "Review and Approval of Site Plan," of this Ordinance.

1.

Two-family dwelling units.

2.

Churches and other facilities normally incidental thereto subject to the following conditions:

a.

The principal buildings on the site shall be set back from abutting properties zoned for residential use not less than 15 feet.

b.

Buildings of greater than the maximum height allowed in article 17, Schedule of Regulations, may be allowed provided front, side, and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed.

c.

All access to the site shall be in accordance with section 12.17, "Access to a Major Thoroughfare."

3.

Public utility buildings and uses (without storage yards) when operating requirements necessitate the locating of said building within the district in order to serve the immediate vicinity. Further, no building and/or structure shall be located in any required yard.

4.

Day care centers including adult day care uses (not including dormitories) provided that for each person so cared for, there shall be provided and maintained a minimum of 150 square feet of open space. Such space shall have a total minimum area of not less than 5,000 square feet and shall be fenced and screened from any adjoining lot in any residential district.

5.

Accessory buildings and uses customarily incident to any of the above permitted uses.

Section 5.4. - Required conditions.

For all nonresidential uses allowed in the residential districts, the setbacks shall equal the height of the main building, or the setbacks required in article 17, whichever is greater.

Section 5.5. - Area and size requirements.

See article 17, Schedule of Regulations, limiting the height and size of buildings, the minimum size of lot permitted by land use, and providing minimum yard setback requirements.

Sec. 5.6. - Keeping of chickens (hens).

The purpose of this section is to provide standards and requirements for the keeping of chickens. Roosters are not permitted. It is intended to enable residents to keep up to three chickens on a non-commercial basis while limiting and mitigating any potential adverse impacts on surrounding properties and neighborhood. The keeping of up to three chickens that are utilized exclusively by the person(s) occupying a one-family dwelling as a locally grown food source for the consumption of eggs or meat, is permitted as accessory to the residential use only if all of the following are satisfied:

a.

Chickens shall be kept only in the rear yard secured within a coop and attached pen during non-daylight hours. During daylight hours, chickens may be allowed to roam outside of the coop and pen, if supervised, and only within an area completely enclosed by a fence with a minimum height of four feet.

b.

The coop and pen shall be designed to provide safe and healthy living conditions for chickens while minimizing adverse impacts on other residents and the neighborhood. The coop and pen shall meet the following requirements:

1.

The coop and pen shall be set back a minimum of ten feet from all property lines of adjacent property and be located a minimum of 30 feet from the nearest wall of any dwelling on an adjacent property. For the purposes of this section, a dwelling includes an attached garage but does not include an unattached garage. Public streets and public easements shall not be considered adjacent property lines for purposes of this section.

2.

The coop and pen shall be a maximum of six feet in height and shall not exceed a total of 80 square feet.

3.

The use of corrugated metal/fiberglass, sheet metal, plastic tarps, scrap lumber or similar materials is prohibited. The coop and pen must be completely enclosed with a top and/or cover.

4.

The coop and pen may be movable only if the dimensional/setback restrictions contained in this section are satisfied.

c.

All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with or infected by rats, mice or other rodents shall be protected so as to prevent rats, mice or other rodents from gaining access or coming into contact with them.

d.

The outdoor slaughter of chickens is prohibited.

e.

The accessory use shall comply with all provisions of the Parchment City Code of Ordinances pertaining to noise, odors, dust, fumes, sanitation and health or other comparable nuisances to ensure the public health, safety and welfare.

f.

No person shall keep chickens without first securing a permit from the city on a form provided and paying a permit fee as prescribed by the Parchment City Commission by resolution. The permit shall be issued by the city manager or his/her designee. Such permit may be revoked by the city manager or his/her designee if it is determined that any provision of this section has been violated.

g.

Establishment of an accessory use and/or accessory building under this section shall not confer a vested right in the provisions contained herein or a right to continue such use. Further, a permit granted under this section is personal to the applicant occupying the dwelling and is not transferable.

h.

All licenses required by the State of Michigan and Kalamazoo County, as well as all other statutes, ordinances and codes, shall be maintained at all times while there are chickens on the premises.

i.

No permit shall be issued by the city manager or his/her designee without the written authorization from an owner of the property (if different from the applicant) consenting to the application on a form provided. Once authorization is obtained, it shall continue for as long as the applicant is in possession of the property.

(Ord. No. 199, Art. IV, 1-20-14)