450.   Preamble.

The R-1A One-Family Residential Districts are designed to provide sites for one-family dwellings and for mobile homes or trailers used as permanent one-family dwellings, and residentially related uses in keeping with the master plan in the City of Sault Ste. Marie.

(Ord. No. 249-85, 8-19-85)

451.   Principal uses permitted.

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

1.

One-family detached dwellings in keeping with the building code.

2.

Mobile homes or trailers complying with the National Mobile Home Construction and Safety Standards Act of 1974.

3.

Reserved.

4.

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

5.

Municipal buildings and uses.

6.

Churches.

7.

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

8.

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

(Ord. No. 249-85, 8-10-85; Ord. No. 552-14, § 1, 10-6-14)

452.   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.

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 A home-based business permit may be rescinded at any time during its effective annual period upon written 30-day notice to the operator if it is determined that the home based business is not operating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.

3.

Nursery schools, day nurseries and child care centers (not including dormitories); provided that for each child so cared for there is provided and maintained a minimum on one hundred (100) square feet of outdoor play area. Such play space shall have a total minimum area of at least one thousand (1,000) square feet, shall be fenced or screened from any adjoining land with planting. Any use permitted herein shall not be permitted in the interior of any residential block, and shall be located adjacent to a business district.

4.

Mobile homes or trailers not complying with the National Mobile Home Construction and Safety Standards Act of 1974, provided that the mobile home or trailer is modified to meet minimum plumbing, electrical, mechanical and fire code standards established by the U.S. Department of Housing and Urban Development (HUD) for mobile homes.

5.

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

6.

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. 249-85, 8-19-85; Ord. No. 447-01, § 1, 3-5-01; Ord. No. 532-12, 1-16-12)

453.   Area and bulk requirements.

See Section 10-1.16, Schedule of Regulations, limiting the height and bulk of buildings and the maximum density permitted.

(Ord. No. 249-85, 8-19-85)

454.   Required conditions.

1.

No building permit shall be issued for any construction in an R-1A One-Family Residential District unless the property upon which the building is to be constructed is subdivided and platted; providing, however, that the Zoning Board of Appeals shall have the power to alter or vary this requirement and to authorize a variance upon an appeal for good cause shown to the satisfaction of said Zoning Board of Appeals.

2.

Every dwelling unit must be properly connected to City water and sewer systems.

3.

Every dwelling unit must be placed on a permanent foundation constructed on the site which meets building code requirements. If the dwelling is a mobile home, it must additionally be installed to manufacturers set up requirements, be secured by an anchoring system that meets Mobile Home Commission requirements, have its wheels removed and its towing mechanism and undercarriage must not be exposed.

4.

Every dwelling must comply with pertinent building and fire codes and meet or exceed snow load and strength requirements, and contain no additions or rooms not of the same or better workmanship than the original structure.

5.

There shall be provided, at the time of construction or placement of any dwelling, internal or external storage space equal to ten (10) percent of the square footage of the dwelling.

6.

A building permit will be required for all construction, including placement and removal of mobile homes.

(Ord. No. 249-85, 8-19-85)