1600.   Limiting height, bulk, density and area by land use.

(Ord. No. 249-85, 8-19-85; Ord. No. 273-87, § 1, 6-1-87; Ord. No. 307-89, § 1, 7-17-89; Ord. No. 329-90, § 1, 3-30-90; Ord. No. 410-96, § 1, 7-15-96; Ord. No. 441-99, § 2, 3-15-99; Ord. No. 560-15, § 2, 8-3-15; Ord. No. 602-21, § 2, 6-21-21)

Distance Spacing for Multiple Dwellings

NOTES TO 1600.

(a)

In a block on one side of the street fifty per cent (50%) or more occupied, the depth of the front yard need not be more than the average depth of front yards of existing buildings and in no instance less than twenty (20) feet.

(b)

Where a side yard abuts a street, the minimum width of such yard shall be five (5) feet.

(c)

Any side yard for a principal use or a use permissible on special condition allowed in this district, other than one and two family dwellings, shall not be less than one-half (½) the height of the building at the side yard.

(d)

The following minimum lot area per dwelling unit shall be provided:

(1)

Efficiency Unit—1,100 square feet per unit.

(2)

One Bedroom Unit—1,800 square feet per unit.

(3)

Two Bedroom Unit—2,400 square feet per unit.

(4)

Three Bedroom Unit—3,000 square feet per unit.

(5)

Four Bedroom Unit—3,600 square feet per unit.

(e)

A den or extra room shall count the same as a bedroom.

(f)

The following minimum lot area per dwelling unit shall be provided:

(1)

Efficiency Unit—600 square feet per unit.

(2)

One Bedroom Unit—900 square feet per unit.

(3)

Two Bedroom Unit—1,200 square feet per unit.

(4)

Three Bedroom Unit—1,500 square feet per unit.

(5)

Four Bedroom Unit—1,800 square feet per unit.

(g)

For buildings above three (3) stores in RM-2 Districts, the minimum yards shall be equal to the height of the building, except that where a lot line abuts a public street, up to one-half of the width of the right-of-way may be calculated as part of the required yard setback, provided that at least forty (40) feet of the required yard setback must be located within the property lines.

(h)

In all RM-1 and RM-2 Multiple Residence Districts, the minimum distance between any two buildings shall be regulated according to the length and height of such buildings. The formula regulating the required minimum distance between two buildings is as follows:

(i)

Any side or rear yard for a principal use or a use permissible on special condition allowed in this district, other than R-1, R-2, and Multiple-Family dwellings shall not be less than the height of the structure at the side or rear lot line.

(j)

Buildings or parts of buildings, not exceeding two (2) per cent of the lot area may be erected to a height of one hundred (100) feet if the side yard is increased to one-third (⅓) of the height of such part at the eighty (80) foot level.

(k)

Side yards may be omitted if walls abutting a side yard comply with the applicable requirements of the State Construction Code or if the side lot line abuts a public street or alley.

(l)

If a rear yard abuts an alley, such yard may be measured from the center of the alley.

(m)

If a main building includes a structurally attached garage, the minimum rear yard setback may be twenty-five (25) feet.

(n)

For the purpose of this Ordinance, a condominium subdivision, encompassing all of the property identified in the condominium consolidating master deed, shall be considered a single lot. Development density and spacing between buildings in such a development shall be regulated as follows:

(1)

Site condominium subdivisions composed of single-family detached buildings shall not exceed a gross density of 6.7 dwelling units per acre in the R-1 and R-1A districts and 8.4 dwelling units per acre in the R-2 district.

(2)

The minimum distance between any two (2) buildings in a single-family condominium development shall be regulated according to the length and height of such buildings. The formula regulating the required minimum distance between two (2) buildings is set forth in footnote (h), provided, however, yard setbacks from any public roads shall be as set forth in the district in which the development is located.

(o)

Where a lesser height than fifty (50) feet is required by the approach, transitional, conical and inner horizontal surfaces which establish the height limitation under this Ordinance are denoted on the Airport Layout Plan, approved June 21, 2016, as amended, and are established in conformance with approach standards or regulations of the Michigan Aeronautics Commission (MAC) or the Federal Aviation Administration (FAA), that height shall be considered the maximum permissible. Where MAC and FAA provisions are in conflict, the most restrictive requirement will prevail. In acting upon applications for site plan review, the administrating official will arrive at proper height limitations by ensuring FAA Form 7460-1 is completed with FAA determination of no hazard to aviation. Air traffic control towers are exempt from this height requirement.

(Ord. No. 307-89, § 1, 7-17-89; Ord. No. 329-90, § 1, 3-30-90; Ord. No. 417-96, § 1, 10-21-96; Ord. No. 566-16, § 1, 4-18-16; Ord. No. 602-21, § 2, 6-21-21)

1601.   Subdivision open space plan.

1.

The intent of the subdivision open space plan is to promote the following objectives:

a.

Provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, hills and similar natural assets;

b.

Encourage developers to use a more creative approach in the development of residential areas;

c.

Encourage a more efficient, aesthetic and desirable use of open area while recognizing a reduction in development costs and by allowing the developer to by-pass natural obstacles on the site;

d.

Encourage the provision of open space within reasonable distance to all lot development of the subdivision and to further encourage the development of recreational facilities.

2.

Modifications to the standards as outlined in section 1600, "SCHEDULE OF REGULATIONS", may be made in the RS-1 and RS-2 one (1) family districts under the following terms and when the following conditions are met:

a.

The lot area and width in all RS-1 and RS-2 one (1) family districts which are served by sanitary sewer may be reduced as follows: the required lot area may be reduced by twenty (20) percent and the required lot widths may be reduced to sixty (60) feet in the RS-1 districts and reduced to eighty (80) feet in the RS-2 districts. These lot area and width reductions shall be permitted, provided that the dwelling unit density shall be no greater than if the land area to be were developed in the minimum square foot lot areas as required for the RS-1 and RS-2 one (1) family districts under section 1600, Schedule of Regulations. All calculations shall be predicated upon the districts having the following gross densities:

RS-1 = 3.82 dwelling units per acre

RS-2 = 1.79 dwelling units per acre

b.

Under the provisions of subsection 2.a., for each square foot of land gained within a residential subdivision through the reduction of lot size below the minimum requirements as outlined in section 1600, schedule of regulations, at least equal amounts of land shall be dedicated to the common use of the lot owners of the subdivision or to the City by means of a conservation easement, plat dedication, restrictive covenant, or other legal means that runs with the land under such conditions, stipulations and maintenance requirements as approved by the City.

c.

The area to be dedicated for subdivision open space purposes shall constitute a minimum of twenty (20) percent of the parcel to be developed and in no instance be less than one (1) acre and shall be in a location and shape approved by the Planning Commission.

d.

The land area necessary to meet the minimum requirements of this section shall not include bodies of water. All land dedicated shall be so graded and developed as to have natural drainage.

3.

This plan, for reduced lot sizes, shall be permitted only if it is mutually agreeable to the City and the subdivider or developer.

4.

The development of land under this section is subject to other applicable ordinances, laws, and rules, including rules relating to suitability of groundwater for on-site water supply for land not served by public water and rules relating to suitability of soils for on-site sewage disposal for land not served by public sewers.

5.

Under this subdivision open space plan approach, the developer or subdivider shall dedicate the total open space area at the time of filing of the final plat on all or any portion of the plat or at the time of filing the master deed under a condominium subdivision.

(Ord. No. 533-12, § 1, 6-18-12)