400.   Principal uses permitted.

In the One-family Residential Districts (R-1, RS-1 and RS-2) no building or land shall be used and no building erected except for one (1) or more of the following specified uses unless otherwise provided in this Ordinance.

1.

One-family detached dwellings.

2.

Reserved.

3.

Publicly owned and operated libraries, parks, parkways, and recreational facilities.

4.

Municipal buildings and uses.

5.

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

6.

Public, parochial and other private pre-school, and/or elementary schools offering courses in general education.

7.

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

(Ord. No. 271-87, § 1, 6-1-87; Ord. No. 441-99, § 1, 3-15-99; Ord. No. 552-14, § 1, 10-6-14)

401.   Uses subject to special conditions.

The following uses shall be permitted, subject to the conditions herein imposed for each use.

1.

Utility and public service facilities and uses (without storage yards) when operating requirements necessitate the locating of said facilities within the district in order to serve the immediate vicinity.

2.

Colleges, universities and other institutions of higher learning, public and private, offering courses in general, technical, or religious education and not operated for profit, all subject to the following conditions:

a.

Any use permitted herein shall be developed only on-sites of at least ten (10) acres in area.

b.

All ingress and egress from said site shall be directly onto a major thoroughfare or secondary thoroughfare.

c.

No building other than a structure for residential purposes shall be closer than seventy-five (75) feet to any property line.

3.

Golf courses, not including driving range or miniature courses, which may or may not be operated for profit, subject to the following:

a.

Major accessory uses to a golf course which are generally of a commercial nature such as a restaurant and bar shall be housed in a single building with the club house. Minor accessory uses which are strictly related to the operation of the golf course itself, such as maintenance garage and pro shop or golf shop may be located in separate structures.

b.

Any golf course requiring a structure shall have said structure so located on the site as not to be closer than seventy-five (75) feet from the lot line of any adjacent residential land and from any public right-of-way.

c.

Off-street parking shall be provided so as to accommodate at least one-half the member families if the golf course is a private club or one (1) space for each one hundred (100) square feet of usable floor area if it is operated for profit. Bylaws of the private club shall be provided in order to establish the membership involved for computing parking requirements.

d.

Off-street parking areas shall be screened from adjacent residentially zoned properties in accordance with the provisions of Section 1709, Screening, buffering and landscaping.

e.

All parking areas shall be surfaced as required in Section 10-1.17, General Provisions for off-street parking.

f.

Whenever a swimming pool is involved, said pool shall be provided with a protective fence, six (6) feet in height, and entry shall be provided by means of a controlled gate or turnstile.

g.

All ingress and egress from the site shall be directly onto a major thoroughfare.

h.

All lighting of building areas and parking facilities shall be shielded to reduce glare and shall be so arranged as to reflect the light away from abutting residential areas.

4.

Public, parochial and other private intermediate and/or secondary schools offering courses in general education, and not operated for profit, subject to the following condition: The site has frontage or direct access to an existing or planned major thoroughfare or secondary thoroughfare.

5.

Churches, subject to the following condition: The site has frontage or direct access to an existing or planned major thoroughfare or secondary thoroughfare.

6.

Home-based businesses as defined in Section 200(ag), subject to issuance of a temporary one-year permit, renewable annually, to operate a home-based business. Applications for home-based business permits shall be made in writing to the City building official on forms provided by the City. A permit fee may be established by the City Commission. A home-based business permit may be rescinded at any time during its effective annual period upon written 30-day notice to the operator if it is determined that the home based business is not operating according to the following conditions. Operators may appeals any decision of the Building Official to the Zoning Board of Appeals.

Conditions for operating a home-based business:

a.

The home-based business shall be operated entirely within the dwelling unit or a garage or shed belonging to the dwelling unit.

b.

The maximum total area of the dwelling and any garage or shed used for home-based business purposes shall not exceed twenty-five (25) percent of the liveable floor area of the dwelling not including the floor area of the basement.

c.

No internal or external building alterations shall be made that is inconsistent with what is generally recognized for residential use, except as required by State Law for Cosmetologists.

d.

There shall be no exterior display other than one (1) non-illuminated sign no more than four (4) square feet in area and attached flat to the building.

e.

No display of products shall be visible from the street and no commodity other than that produced or processed on the premises shall be sold on the premises.

f.

Parking shall be accommodated in the improved home driveway, which shall be gravel or other hard surface, and/or, as may be permitted by law or ordinance, on the street within the area adjoining the subject property line.

g.

Not more than one (1) paid assistant shall be employed on the premises other than those residing in the dwelling unit.

h.

Class size shall be limited to no more than three (3) students at one (1) time. The building official may approve a maximum of up to six (6) students at one (1) time if the applicant can demonstrate that adequate parking as required in item (f) above is available to accommodate all students.

i.

Customers, clients, and/or students shall be accommodated on an appointment basis only; no regular hours when the premises are generally open to customers shall be maintained or advertised.

j.

No food or beverage shall be sold to be consumed on the premises.

k.

No vehicle requiring a commercial operator license or having a nominal rating of more than one (1) ton shall be parked on the premises.

l.

No home-based business by its nature or conduct shall generate undue traffic in excess of that normally expected in and consistent with the existing character of the residential neighborhood.

m.

A home-based business shall not be noxious or offensive by reason of noise, vibration, smoke, dust or other particulate matter, odor, heat, humidity, glare, refuse, interference with telecommunications reception or other objectionable emissions, unreasonable use of lights or nighttime operations.

n.

Home occupation permits valid at the time of the adoption of this Ordinance may continue to be renewed annually as long as both the resident business operator and location remain the same and there is no expansion of the existing operation.

7.

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

8.

Medical marihuana caregiver home-based business as defined in section 10-1.02(200)(cc)B., subject to issuance of a temporary one (1) year permit, renewable annually, to operate a home-based business. Applications for medical marihuana caregiver home-based business permits shall be made in writing to the City building official on forms provided by the City. A permit fee may be established by the City Commission. A medical marihuana home-based business permit may be rescinded at any time during its effective annual period upon written thirty (30) day notice to the operator if it is determined that the home-based business is not operating according to the following conditions. Applicants may appeal any decision of the building official to the Zoning Board of Appeals.

Conditions for operating a medical marihuana caregiver home-based business:

a.

The medical marihuana caregiver home-based business shall be operated entirely within a single-family detached dwelling unit which is the primary residence of the primary registered caregiver or within a garage or shed belonging to the single-family detached dwelling unit.

b.

The maximum total area of the dwelling and any garage or shed used for medical marihuana home-based business purposes shall not exceed twenty-five (25) percent of the livable floor area of the dwelling not including the floor area of the basement.

c.

No internal or external building alterations shall be made that are inconsistent with what is generally recognized for residential use.

d.

There shall be no exterior display or signage and no display of plants or products shall be visible from the street

e.

Medical marihuana may be grown, processed, and stored on the premises in accordance with the provisions of the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421, et seq., and the Michigan Department of Community Health Michigan Medical Marihuana Administrative Rules. No products shall be sold or distributed on the premises. No patient consultations shall take place on the premises. Processed medical marihuana shall be distributed to patients at the patient's primary residence.

f.

Parking shall be accommodated in the improved home driveway, which shall be gravel or other hard surface, and/or, as may be permitted by law or ordinance, on the street within the area adjoining the subject property line.

g.

Not more than one (1) registered primary caregiver shall operate in the dwelling unit or associated garage or shed.

h.

The registered primary caregiver may not care for more than five (5) patients.

j.

No food or beverage shall be sold to be consumed on the premises.

k.

A medical marihuana caregiver home-based business shall not generate undue traffic in excess of that normally expected in and consistent with the existing character of the residential neighborhood.

l.

A medical marihuana caregiver home-based business shall not be noxious or offensive by reason of noise, vibration, smoke, dust or other particulate matter, odor, heat, humidity, glare, refuse, interference with telecommunications reception or other objectionable emissions, unreasonable use of lights or nighttime operations.

m.

Marihuana plants shall be contained within an enclosed, locked area of the dwelling or garage or shed with devices which limit access to only the registered primary caregiver. There shall be no more than twelve (12) plants per registered qualifying patient.

n.

Medical marihuana caregiver home-based business operations may be subject to periodic inspections by the building official.

All information obtained through the medical marihuana caregiver home-based business permitting process that would be deemed confidential pursuant to the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421, et seq., shall be confidential and disclosed to authorized City employees only as necessary to perform official duties and shall not be subject to disclosure pursuant to the Freedom of Information Act.

Nothing in this Ordinance or in any companion regulatory provision, adopted in any other provision of this Code is intended to grant, nor shall it be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421, et seq., and the Michigan Department of Community Health Michigan Medical Marihuana Administrative Rules. Also, since federal law is not affected by said act or the administrative rules, nothing in this Ordinance or in any companion regulatory provision adopted in any other provision of this Code is intended to grant, nor shall it be construed as granting, immunity from criminal prosecution or property seizure under federal law.

The operation of medical marihuana cultivation facilities or medical marihuana dispensaries as defined in section 10-1.02(200)(cc)C. and D. is prohibited.

(Ord. No. 103, § 10-1.04, 6-5-72; Ord. No. 242-84, 8-6-84; Ord. No. 441-99, § 1, 3-15-99; Ord. No. 447-01, § 1, 3-5-01; Ord. No. 519-10, 6-21-10; Ord. No. 532-12, 1-16-12)

402.   Area and bulk requirements.

See [Section 10-1.16] "SCHEDULE OF REGULATIONS" limiting the height and bulk of buildings, the minimum size of lot permitted by land use, and the maximum density permitted.

(Ord. No. 441-99, § 1, 3-15-99)

403.   Reserved.

Editor's note— Ord. No. 441-99, § 1, adopted Mar. 15, 1999, repealed § 403, Platting required for issuance of building permit, derived from Ord. No. 53, § 1, adopted 11-6-67)