700.   Principal uses permitted.

In a Residential Reserve 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.

2.

Farms.

3.

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

4.

Municipal buildings and uses.

5.

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

6.

Public utility service facilities without storage yards.

7.

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

701.   Uses subject to special conditions.

1.

Churches.

a.

A site of not less than two (2) acres shall be provided.

b.

Such site shall have direct access to an improved major or secondary thorofare.

2.

Golf courses provided all conditions of the R-1 district, Section 401, paragraph 3 are complied with.

3.

Private and institutional recreation areas.

a.

A site of not less than two (2) acres shall be provided.

b.

Front, side, and rear yards of not less than eighty (80) feet shall be provided.

c.

All drainage, water supply and sewage disposal areas shall be approved by the City Engineer and the appropriate health authority.

d.

Buildings erected on the premises shall not exceed one (1) story or fourteen (14) feet in height.

4.

Airports and Related Uses. Airports, landing fields and platforms, hangars, masts and other facilities for the operation of aircraft subject to the following:

a.

No permit for the erection of a structure of a height exceeding fifty (50) feet shall be issued within five hundred (500) feet of an actively used runway of an airport.

b.

No permit for the erection of a structure of a height exceeding one hundred (100) feet shall be issued within one thousand (1000) feet of an actively used runway of an airport.

c.

Accessory uses shall be allowed such as motels, restaurants, private hangars and other uses necessary to serve the needs of passengers or freight handling incident to the operation of an airport.

5.

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.

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.

It is the intention that this Section shall not be construed to be an exercise on the part of the City, of the power of eminent domain; but that it is strictly to be construed as an exercise of the police power to promote health, safety, morals, and general welfare of the community under and by virtue of state law.

(Ord. No. 302-89, § 1, 6-6-89; Ord. No. 447-01, § 1, 3-5-01; Ord. No. 532-12, 1-16-12)

702.   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.