A.

Accessory buildings are permitted in the residential districts, subject to the following regulations:

1.

Accessory buildings in the mobile home park district shall be limited and regulated as provided in section 9.30. Multiple-family residential accessory buildings are regulated as provided in section 9.40.

2.

Where an accessory building is structurally attached to a main building, it shall conform to all regulations of this ordinance applicable to the main building.

3.

Accessory farm structures shall conform to the following standards:

(a)

All structures shall be set back at least eight feet from the lot line of any adjacent property zoned for residential purposes.

(b)

Whenever an accessory farm structure abuts a parcel zoned for residential purposes, a greenbelt meeting the requirements of section 5.01 shall be installed along this adjoining property line.

4.

Detached accessory structures shall conform to the following requirements:

(a)

Accessory buildings shall be located in the rear yard, however, an accessory building may be located in a side yard provided that it complies with the front, rear and side yard setback requirements applicable to the principal structure.

(b)

Accessory buildings shall not exceed a maximum height of 15 feet.

(c)

Accessory buildings located in a rear yard shall not occupy more [than] 30 percent of the area of any rear yard. This provision shall not apply to the construction of a detached garage in the R-1-C district on parcels occupied by dwellings without an attached garage. All other requirements pertaining to the placement of the detached garage contained in this section shall apply.

(d)

The aggregate area of covered accessory buildings shall not exceed 75 percent of the floor area of the principal building.

(e)

No accessory building shall be located closer than ten feet to any main building, unless permitted by any other appropriate code adopted by Shelby Township.

(f)

No accessory building shall be located closer than five feet to a rear or side lot line.

(g)

A minimum of ten feet shall be provided between accessory buildings located on adjoining parcels.

(h)

No accessory building shall be located on an easement.

(i)

The exterior facade materials and architectural design of all accessory structures shall be similar to and coordinated with those of the principal building on the lot. The overall appearance of the structure shall be in accordance with the purpose of the district in which it is located.

(j)

Temporary accessory structures such as moveable carports are not permitted.

5.

When an accessory building is located on a corner lot or double frontage lot, front yard setbacks shall be required along both abutting streets. When a rear yard abuts a rear yard, the minimum setback for an accessory building shall be not less than 15 feet.

6.

No accessory building shall be constructed prior to the enclosure of the main building.

7.

An accessory building, irrespective of location, shall be incidental to the principal permitted use and shall not involve any business, profession, trade or occupation.

8.

The capacity of an attached garage may be increased to more than three cars, provided that the design of the garage is in scale and consistent with the architecture of the house. In making this determination, the building department [planning and zoning coordinator] shall consider the relationship of the garage to the dwelling in terms of building proportions, materials, bulk/massing, relationship to the street and other similar considerations.

B.

Dwellings per lot or parcel. In all one or two-family residential zoning districts, only one principal building shall be placed on a lot of record, with the exception of parcels of record described and designated as "outlots," which may be so arranged or subdivided as to provide for one or more principal buildings when the land area allocated to each building is equal to or greater than the lot area required for the district and the building and land complies with all the other requirements of the district in which it is located; provided, further, that no building shall be erected on land subdivided in violation of Public Act No. 288 of 1967 (MCL 560.101 et seq., MSA 26.430(101) et seq.).

C.

Dwellings without basements. Each one-family and two-family dwelling unit without a basement shall provide not less than an additional 100 square feet of floor area for utility rooms and/or storage space greater than the minimum floor area per dwelling unit or the average floor area of 50 percent or more of the dwellings located in the general vicinity, whichever is greater.

D.

Fences, walls, hedges and protective barriers. All fences of any nature, type or description located in the township shall conform to the Shelby Township Fence Ordinance.

E.

Measuring minimum floor space requirements. The minimum floor space requirements, as established by the various provisions of the ordinance for residential dwellings, shall only include "finished" area(s). The term "finished" shall mean that all interior walls and ceilings shall be properly sealed with drywall or other approved surface materials, and that all floors shall be covered with a surface permitting safe and sanitary walking thereon, and that the said finished space(s) shall otherwise meet all of the requirements of the current Michigan building code(s).

The measurement of such building area(s) shall be calculated from the exterior surface of enclosing walls and the centering of common partition walls for each dwelling unit. Minimum floor area(s) shall not include any portions of the dwelling(s) which has not been "finished" as herein above described, cellars or basements, attached garages or attics, unheated breezeways, or porches or decks.

F.

Mobile homes outside of mobile home parks. Mobile homes located outside of mobile home parks may be allowed as a special land use in all single-family zoning districts pursuant to the standards and procedures of section 13.01 and section 13.02 and the following specific requirements:

1.

Special requirements and conditions.

(a)

A building permit issued by the Charter Township of Shelby must be obtained prior to locating a mobile home upon an individual site or lot within the township other than in a mobile home park district.

(b)

A mobile home or any addition thereto shall be permanently attached to a masonry foundation of minimum eight-inch width. The foundation shall be continuous around the perimeters, with anchors placed at intervals of no greater than eight feet. In no instance shall a mobile home be permitted to be located upon concrete piers or cement blocks in lieu of the foundation prescribed herein.

(c)

A mobile home sought to be located in a one-family or two-family residential district shall meet the minimum structure size requirements of the district in which the unit is to be located.

(d)

Any wheels, towing apparatus or exposed chassis shall be removed before a certificate of occupancy is issued for any mobile home located in a one-family or two-family residential district.

(e)

A mobile home sought to be located in a one-family or two-family residential district shall be connected to a public sewer and water supply or to private facilities in accordance with the approved standards of the township and any other agency governing such facilities.

(f)

A mobile home sought to be located in a one-family or two-family residential district shall contain storage areas, either within a basement, closet area, in an attic or separate, fully enclosed structure. Units without basements shall provide an additional 100 square feet of floor area for utility rooms or storage space. This storage requirement is in addition to any storage space designed to be used to store automobiles.

(g)

A mobile home sought to be located in a one-family or two-family residential district shall comply with all applicable sections of the zoning ordinance relative to the district in which the unit is to be located, including, but not limited to, lot size, yard spaces, setbacks, and area and bulk requirements. In addition thereto, the ratio of the length of the principal structure to its width at the narrowest point shall not exceed four to one.

(h)

All site improvement requirements pertaining to development of one-family and two-family districts, such as, but not limited to, installation of sidewalks, driveways, utilities, or lighting, lot grading and landscaping, shall be applicable to the development of sites upon which a mobile home is located.

(i)

A mobile home sought to be located in a one-family or two-family residential district shall comply with all applicable federal, state, and township statutes, codes, ordinances, regulations, or standards applicable to such units, including, but not limited to, construction standards, township construction code, and building, plumbing, electrical and mechanical codes.

(j)

A mobile home shall comply with all applicable plat conditions and deed restrictions of the property upon which the unit is to be located.

(k)

A mobile home shall be permitted to be located in a one-family or two-family residential district only upon a determination that the unit is similar to nearby housing with respect to the following features:

(1)

Total size and square footage.

(2)

Length-to-width proportion.

(3)

Type of exterior materials used in construction.

(4)

Style and design of architectural features, including its roofline and overhangs.

Where there is no nearby housing of the type proposed to be developed, the applicant may choose a style and type from photos of established housing typical for each zoning district which are kept on record by the township building department [planning and zoning coordinator] [planning director]. A mobile home located in a one-family or two-family residential district shall be maintained against deterioration and/or damage from the elements or from any other cause by prompt and appropriate repairs, surface coating and other protective measures. In considering this request, the township board and/or planning commission may consider, along with other available information, a report from the building inspector based upon an inspection of the proposed unit.

(l)

All additions to any mobile home shall be aesthetically compatible with and constructed with materials similar to the principal structure.

G.

Residential entranceway. In all residential districts, entranceway structures, including, but not limited to, walls, columns and gates, marking entrances to one-family subdivisions may be permitted and may be located in a required yard, as provided in section 5.05, provided that such entranceway structures shall comply to all codes and ordinances of the township and be approved by the planning commission. No such structure shall be located in an easement or road right-of-way.

H.

Site condominium subdivision. The intent of these requirements is to ensure that all site condominium subdivisions are developed in compliance with accepted planning and engineering standards applicable to similar forms of development, as reflected in the ordinances and requirements of the township.

One-family detached condominiums may be allowed as a permitted use in any one-family zoning district, subject to site plan review by the planning commission. Commercial and industrial condominiums that result in condominium unit(s) that exceed the building envelope(s) shall also be regulated by this section.

1.

Submission requirements. All site condominium subdivision plans shall be submitted for review, as required by section 7.02 of this ordinance (site plan review) and Section 66 of the Condominium Act, and include the following additional information:

(a)

A boundary survey of the site condominium subdivision site.

(b)

A plan delineating all natural and man-made features on the site, including, but not limited to, drains, ponds, lakes, streams, floodplains, wetlands and woodland areas.

(c)

The location, size, shape, area and width of all condominium units and common areas and the location of all proposed streets.

(d)

A copy of the master deed and a copy of all restrictive covenants to be applied to the project. Such deeds shall include an acceptable means of converting the project to a platted subdivision, under the provisions of Public Act No. 59 of 1978 (MCL 559.101 et seq., MSA 26.501(101) et seq.), at some future date.

2.

Review procedures. Pursuant to authority conferred by Section 141 of the Condominium Act, all site condominium subdivision plans shall require approval by the planning commission before units may be sold or site improvement initiated. In determining whether to approve a site condominium subdivision plan, the planning commission shall consult with the township attorney, planner and engineer regarding the adequacy of the submission as it relates to the Shelby Township Zoning Ordinance and requirements of the condominium act. The review process shall consist of the following two steps:

(a)

Preliminary plan review. In the preliminary review phase, the planning commission shall review the overall plan for the site, including basic road and unit configurations and the consistency of the plans, with all applicable provisions of the Shelby Township Zoning Ordinance. Plans submitted for preliminary review shall include information specified in items (a) to (c) of the submission requirements in subsection 1. above.

(b)

Final plan review. Upon receipt of preliminary plan approval, the applicant shall prepare the appropriate engineering plans and apply for final review by the planning commission. Final plans shall include information as required by the submission requirements in subsection 1. above. Such plans and information shall be reviewed by the township attorney, engineer and planner. Further, such plans shall be submitted for review and comment to all applicable local, county and state agencies. Final approval shall not be granted until such time as all applicable review agencies have had an opportunity to comment on said plans.

3.

District requirements. The development of all site condominium subdivisions shall observe the applicable yard setback and minimum floor area requirements of the zoning district within which the project is located. The density of development of the project shall be no greater and spacing no less than would be permitted if the property were a platted subdivision.

4.

Design standards. All development in a condominium subdivision shall conform to the design and improvement standards of the Land Regulation Chapter of the Shelby Township Code of Ordinances including the following: subdivision design standards, cluster or planned neighborhood development, subdivision and project improvements, construction limitations, earth removal, landfills, and waterways. All streets and roads shall be dedicated to the public. Street and road connections and/or stubs shall be required, where necessary, to provide continuity to the public road system.

In any of the foregoing referenced sections, the term "plat" shall be substituted with the term "condominium subdivision plan"; the term "tentative preliminary plat approval" shall be substituted with the term "preliminary plan review"; the term "final preliminary plat approval" shall be substituted with the term "final plan review"; and the term "proprietor" shall be deemed to refer to the applicant pursuant to this ordinance. Any applications, fees, procedures for review or hearing, as set forth in these ordinances and their other provisions, shall be fully complied with, except as provided herein.

5.

Utility easements. The condominium subdivision plan shall include all necessary easements granted to appropriate authority for the purpose of constructing, operating, inspecting, maintaining, repairing, altering, replacing and/or removing pipelines, mains, conduits and other installations of a similar character for the purpose of providing public utilities, including, but not limited to, the conveyance of sewage, water and stormwater run-off across, through and under the property, subject to said easement.

6.

Final acceptance. The township shall also require all the appropriate inspections. After construction of the condominium subdivision, an as-built reproducible mylar of the completed site improvements (excluding dwelling units) is to be submitted to the township for review by the township engineer. A final certificate of occupancy and any construction bonds or letter of credit will not be released to the developer/owner until said as-built mylar has been reviewed and accepted by the township.

7.

Conversions. A majority of co-owners, as defined pursuant to Condominium Act, Public Act No. 59 of 1978 (MCL 559.101 et seq., MSA 26.50(101) et seq.), as amended, may require that the project be platted in accordance with the Subdivision Control Act [Land Division Act] of 1967, Public Act No. 288 of 1967 (MCL 560.101 et seq., MSA 26.430(101) et seq.). Platting of such condominium projects shall not terminate the project unless four-fifths of co-owners vote for such termination.

I.

Parking of commercial motor vehicles. Not more than one commercial motor vehicle owned and/or used by the occupant of the premises may be parked on the premises. Said vehicle shall not exceed 8,000 pounds gross vehicle weight (GVW) and, when not in daily use or currently licensed, shall be housed within a garage. In instances when said vehicle is not required to be housed, it shall be parked in a residential driveway behind the required building setback line only.

J.

Parking or storage of house trailers, small utility trailers, recreation vehicles, motor homes or watercraft. Any such trailer or watercraft which is of a type and size capable of being transported by a passenger motor vehicle or any recreation vehicle may be parked or stored on the premises; provided, however, such motor home, recreation vehicle, trailer or watercraft shall be parked or stored not less than five feet from any building or site boundary line. Whenever a parking space abuts a street, the parking space shall be located behind the front or side building elevation facing the street.

K.

Parking or storage of commercial trailers. No such trailer, regardless of its size, shall be parked or stored on the premises.

L.

Access. Single family lots with direct access to a major, secondary or collector road, as identified on the Shelby Township Master Plan, shall provide a front yard turnaround unless a side entry garage is provided.

M.

Parking in front yards. No person shall park a vehicle in the front yard setback area of that area between the front of a building and the public sidewalk any residential lot or parcel except on an improved hard surface driveway consisting of concrete, asphalt or paver blocks. Driveways constructed of grass, cinders, dirt, slag or gravel are prohibited.

(Ord. No. 212.5, §§ 21—24, 7-20-1999; Ord. No. 212.85, 3-15-2011; Ord. No. 212.92, 5-20-2014)

The one-family districts are established to provide principally for one-family dwellings at varying densities. The specific interest of these districts is to encourage the construction and continued use of one-family dwellings and to prohibit the use of the land which would substantially interfere with the development of one-family dwellings and to discourage any land use which, because of its character and size, would create requirements and costs for public services substantially in excess of those at the specified densities and to discourage any land use which would generate excessive traffic on local streets.

A.

Uses permitted. (x designates district in which permitted)

il=1p *  For the purpose of this section, the term "farm" shall mean the raising of vegetables or the keeping of small farm animals, including poultry, for any purpose, and shall have a minimum lot size of three acres. The keeping of horses shall be governed by section 3.19 .

B.

Special land uses. (x designates district in which use may be permitted)

The following special land uses and other uses similar to those cited in this section may be granted approval by the township board following review by the planning commission subject to the standards of this article and the general and specific standards for each use cited in article 13.

C.

Minimum yard requirements for lots created after the adoption of Zoning Ordinance No. 212.

The minimum size or lot area and width for one-family districts may be reduced, as provided in the township's subdivision regulations. No one-family lot shall have a depth greater than four times its width.

No lot shall have a depth-to-width ratio greater than four to one.

With the approval of the planning commission, where the size and shape of the parcel or the proposed curvilinear road pattern requires greater flexibility in subdivision design, a platted subdivision may be permitted to contain not more than 15 percent of all lots with less than the minimum lot depth. Where such permission is granted, the minimum lot width of such lot shall be increased by two feet in all residential districts for each one foot reduction in lot depth; however, in no case shall the lot depth of any one-family residential district be decreased by more than ten feet from the depth standard contained herein.

Side entry garages shall be required within existing subdivisions and detached condominiums where the majority of homes already have side entry garages. Front entry garages may be allowed in new single-family subdivisions and attached condominium projects subject to the review of architectural plans by the planning commission during the review and approval process. Front entry garages may only be permitted when it has been determined that the architectural design of the garage is not the dominant visual element.

Whenever side entry garages are required, the garages entrances shall be located on the same side of the lot to maximize the spacing between units. In those locations where uniform placement is not possible, a modification of this requirement may be allowed by the planning director when it has been determined that the placement of the side entry garage will not adversely impact any abutting lots either through a loss of privacy or the creation of nuisances. Court yard entrance garages are not required to observe the uniform placement requirement. Driveways providing access to side entry garages shall provide a turning space of not less than 20 feet measured perpendicular to the garage door.

Front and street-side setbacks shall be measured (in feet) from the centerline of each road right-of-way (R.O.W.) in accordance with the township's master plan as follows:

il=3p (The front yard setbacks may be modified by section 4.08 if applicable.)

D.

Minimum yard requirements for lots created prior to the adoption of Zoning Ordinance No. 212. In the R-1-A, R-1-B and R-1-C districts, lots in existence at the date of adoption of this ordinance shall, where public water and sewer are considered conforming lots and subject to the following requirements:

Front and street-side setbacks shall be measured (in feet) from the centerline of each road right-of-way (R.O.W.) in accordance with the township's master plan as follows:

(The front yard setback requirements may be modified by section 4.08 if applicable.)

_____

E.

Building requirements. The development of residential lots before and after the adoption of Zoning Ordinance No. 212 shall be subject to the following requirements:

il=1p NOTE:  Tri-level structures shall meet the minimum floor area requirements for story and one-half buildings, and quad-levels shall meet the minimum floor area requirements for the two-story buildings.

(Ord. No. 212.5, §§ 25, 26, 7-20-1999; Ord. No. 212.6, § 5, 11-2-1999; Ord. No. 212.25, 5-7-2002; Amend. of 7-7-2009; Ord. No. 212.85, 3-15-2011; Ord. No. 212.92, 5-20-2014)

The two-family residential district is established to provide an environment suitable for families who typically have children, but families of smaller size than those residing in the one-family residential districts. To achieve this goal, uses are primarily limited to moderately low density two-family dwelling units, plus certain residentially-related uses designated to provide an acceptable neighborhood environment. The district may also provide a transition between higher density residential districts or non-residential districts and low density one-family residential districts. The two-family district also permits the construction of residences at a slightly higher density than one-family.

A.

Uses permitted.

1.

All uses permitted as regulated in the R-1-C one-family residential district.

2.

Two-family buildings.

3.

Accessory buildings and uses.

B.

Special land uses. The following special land uses and other uses similar to those uses cited in this section may be granted approval by the township board following review by the planning commission, subject to the standards of this article and the general and specific standards for each use cited in article 13.

1.

Age-restricted adult housing (section 13.05).

2.

Cemeteries and crematoriums (section 13.12).

3.

Churches and private schools (section 13.13).

4.

Golf courses (section 13.25).

5.

Group child care homes (section 13.26).

6.

Funeral homes and mortuaries, not including crematoriums (section 13.20).

7.

Child care centers and nursery schools (section 13.34).

8.

Planned unit development (section 13.37).

9.

Private non-commercial recreation facilities (section 13.39).

10.

Public buildings and recreation (section 13.41).

11.

Public utility buildings without storage (section 13.42).

C.

Minimum yard requirements:

il=3p *  Front and street-side setbacks shall be measured (in feet) from the centerline of each road right-of-way (R.O.W.) in accordance with the township's master plan as follows:

D.

Building requirements.

1.

Maximum height (stories/feet): 2/35.

2.

Maximum lot coverage (percent): 40.

3.

Minimum floor area: No less than R-1-C district per unit.

4.

Impervious surface (percent): Same as the R-1-C district.

Where two or more two-family buildings are developed on a single parcel of land, the perimeter and spacing between buildings shall be the same as provided in R-12.

(Amend. of 7-7-2009; Ord. No. 212.85, 3-15-2011)

The mobile home park district is a residential district. The rules and regulations as promulgated by the mobile home commission shall be applicable, except as modified by the following provisions which are designed to provide adequate space and land use separation consistent with the township's other zoning districts.

A.

Uses permitted.

1.

All principal uses permitted and special land uses permitted and as regulated in the R-3 through R-6 districts.

2.

Mobile home parks, subject to the requirements as established and regulated by Public Act 96 of 1987 (MCL 125.2301 et seq., MSA 19.855(101) et seq.), and all applicable codes and ordinances of the Charter Township of Shelby.

3.

Accessory commercial uses, such as manager's offices, laundry and dry-cleaning facilities, and other services for the residents of the park, shall be permitted in separate, permanent structures. Adequate parking for such services shall be provided. The park proprietor or management may display for sale mobile homes and accessories (provided the accessories are contained within a mobile home or an approved permanent structure for such purpose).

4.

Signs. One sign, not larger than 32 square feet in area, for identification of the premises and use (without additional advertising), may be placed at the main entrance of the mobile home park. One sign, not larger than ten square feet, limited to the same identification contained on the entrance sign, may be erected at any secondary entrance to the mobile home park adjoining a public road. The identification sign shall be a part of a permanent decorative entranceway and shall be compatible with the surrounding area. In addition, individual homeowners or their agents may place "For Sale" signs no larger than two square feet in area upon their lots or on their homes. All identification signs shall observe the setback and height limitations cited in section 5.05 of this ordinance.

B.

Conditions and regulations.

1.

Minimum site size. Each mobile home park must have a site of not less than ten acres of land.

2.

Lot size. The mobile home park shall be developed with sites averaging a minimum of 5,500 square feet per mobile home unit. This 5,500 square feet for any one site may be reduced by 20 percent, provided that the individual site shall be equal to at least 4,400 square feet. For each square foot of land gained through the reduction of a site below 5,500 square feet, at least an equal amount of land shall be dedicated as open space, but in no case shall the open and distance requirements be less than that required under R 125.1946, Rule 946, and R 125.1941 and R 125.1944, Rules 941 and 944, of the Michigan Administrative Code.

3.

Setbacks. No mobile home or any other building shall be closer than 120 feet from the centerline of the abutting road right-of-way. A perimeter yard setback of 50 feet shall be provided along the exterior boundary of this site.

4.

Maximum heights. The maximum height of service buildings and permitted office structures shall not exceed two stories, or 25 feet.

5.

Access to public roads. A mobile home park shall be accessible from a major public road by hard surfaced access roads as required under section 6.03.

6.

Paving. All roads, drives, and parking areas within a mobile home park shall be hard-surfaced in accordance with the requirements of this ordinance.

7.

Sidewalks. Concrete walks not less than three feet in width and four inches in thickness shall be installed in the mobile home park from the public entrance to all mobile home lots, and to all service facilities provided, such as but not limited to, central laundry, central parking, and central recreation and park areas.

8.

Plumbing, electrical and TV. All electrical and telephone wiring shall be underground. Individual externally mounted antennas shall be prohibited. Where a master antenna is provided, service shall be constructed and maintained with underground leads servicing each mobile home site.

9.

Floor space. There shall be not less than 800 square feet of floor area within each mobile home. The floor area of any porch, sun deck or other structure above the roof or outside the floor or walls of the mobile home shall not be used to meet the 800 square foot requirement.

10.

Screening and screening belt. When the mobile home park adjoins a site zoned for single-family or multiple-family purposes or a developed single-family parcel, a screening or greenbelt, as required under section 5.01 of the zoning ordinance, shall be installed on the park site along the boundary line of such residential site.

11.

Storage and skirting. There shall be no storage of any kind permitted under a mobile home. The skirting shall be installed upon a mobile home within 90 days after its placement upon a lot.

12.

Fences. All fences (other than the perimeter screening requirements) shall be uniform in height and shall be constructed and installed in such a manner as to not interfere with free access by the fire department to all sides of a mobile home. Fences shall not exceed 36 inches in height. Barbed wire shall not be used in any fence.

13.

Fuel tanks. Individual fuel oil, liquid petroleum, or other fuel tanks shall not be permitted in a mobile home park.

14.

Utility cabinets. One utility cabinet may be permitted on each mobile home lot, provided it meets the accessory building requirements of this ordinance. Such cabinets shall be maintained, kept neat and clean, and painted regularly, and shall not be used to accumulate garbage.

15.

Site plan. In accordance with sections 11, 12 and 13 of the Mobile Home Commission Act, Public Act No. 96 of 1987 (MCL 125.2301 et seq., MSA 19.855(101) et seq.) as amended, a person desiring to develop a mobile home park shall submit a preliminary plan to the planning commission for review and approval. The preliminary plan shall include the location, layout, general design, and a general description of the project. All site plans shall be submitted in accordance with the provisions of section 7.02 of this ordinance. The preliminary plan shall not include detailed construction plans.

16.

Parking. If boats, boat trailers, and utility trailers are permitted to be parked within the mobile home park, adequate parking spaces for such vehicles in a central or collective parking area shall be provided.

17.

Smoke alarms. Smoke alarms shall be required.

18.

Water supply and sanitary system. Each mobile home occupied as a dwelling unit upon a lot within a mobile home park shall be connected to a water supply and sewage disposal system approved by the Macomb County Health Department, as provided under sections 3.41 and 3.32 of this ordinance.

A.

Uses permitted.

1.

All principal uses permitted and special land uses permitted and as regulated in the immediate abutting one-family district.

2.

Two-family use, as regulated in section 9.20.

3.

Apartments.

4.

Multiplexes.

5.

Townhouses.

6.

Accessory buildings and uses.

7.

State licensed residential facilities.

8.

Family child care homes.

B.

Special land uses. The following special land uses and other uses similar to those cited in this section may be granted approval by the township board following review by the planning commission, subject to the standards of this article and the general and specific standards for each use cited in article 13.

1.

Age-restricted adult housing (section 13.05).

2.

Churches and private schools (section 13.13).

3.

Colleges and universities (section 13.15).

4.

Nursing homes and skilled nursing facilities (section 13.17).

5.

Detached one-family, planned project (section 13.18).

6.

Group child care homes (section 13.19) [13.26].

7.

General hospitals, emergency care treatment centers and similar outpatient treatment facilities (section 13.25) [13.24].

8.

Golf courses (section 13.26) [13.25].

9.

Nursery schools and day-care centers (section 13.34) [13.33].

10.

Planned unit development (section 13.37).

11.

Private clubs, fraternal and lodge halls (section 13.38).

12.

Private non-commercial recreation facilities (section 13.39).

13.

Public buildings and recreation (section 13.41).

14.

Public utility buildings, without storage (section 13.42).

C.

Site plan, height, area and placement requirements. All development in these districts shall require a site plan, as required in section 7.02, approved by the planning commission prior to issuance of a building permit. Approval will be based upon the articles of this ordinance, the following requirements, and such other conditions as may be imposed upon the use to carry out the intent of this ordinance by the planning commission.

1.

All lots used for multiple-family dwellings or two-family dwellings in these districts must be provided with an approved water and sewage system, and the number of main buildings hereafter erected or structurally altered and so used shall not exceed the dwelling unit density per net acre indicated in the following table for the applicable "R" district: (in no case shall any lot have less than 24,000 square feet and a 100 foot frontage.)

Multiply the dwelling unit density per acre by the site's usable net acreage to obtain the maximum number of dwelling units. While the maximum densities in the table shall not be exceeded, the actual maximum number of dwelling units for any given site will be determined by site planning and how appropriately all of the requirements of this ordinance are applied to the site.

2.

Recreation areas and facilities, such as parks, playgrounds, swimming pools and community buildings, shall be provided to the extent necessary to meet the anticipated needs of the residents of the development. All such recreation areas shall be clearly identified on the site plan and all planned improvements shown. The minimum number of square feet of recreation area and/or facilities shall be provided in addition to all required setbacks and spacing between buildings and be provided on a per unit basis according to the following schedule:

Natural open space may be included and credited for up to one-half the requirement.

Provisions of separate adult and youth recreation areas are encouraged. Recreation facilities generally shall be provided in a central location and should be convenient to the community center. A location adjacent to the community center is preferable for efficient construction, use and maintenance of all facilities. In larger developments, however, recreation facilities may be decentralized or part of an approved open space area plan.

3.

Minimum interior setbacks and building separation:

(a)

A minimum 25 feet of landscaped yard space shall be provided adjacent to each multiple-family building.

(b)

The minimum distance between buildings shall be in accordance with the following schedule:

(c)

The planning commission may modify the above interior setbacks and building separation requirements when necessary to maintain privacy or achieve creative building and site design.

4.

No multiple-family building shall exceed 180 feet in length along any one face of the building exclusive of any building offset or changes in the front building elevation. Any court shall have a width equal to not less than 50 feet for the front yard and 60 feet for the rear yard. The depth of any court shall not be greater than three times the court's width.

5.

The front and rear of each building shall be considered to be the faces along the longest dimensions of said building or to be the direction indicated on the drawing by the designer, provided it is not inconsistent with the floor plan of the individual unit; and the side of the building shall be considered to be the face along the narrowest dimensions of said building.

6.

Service drives for ingress to and egress from a site shall have minimum widths with no on-street parking as follows: 16 feet for a one-way street and 24 feet for a two-way street, and shall not be counted in any required yard space calculations. All streets and drives shall be hard surfaced as required under section 6.03.6. in this ordinance.

7.

Minimum floor areas for multiple-family shall be as follows:

(a)

Efficiency unit. The term "efficiency unit" shall mean a dwelling unit containing a minimum of 450 square feet of floor area, and consisting of not more than one room in addition to kitchen, dining and necessary sanitary facilities.

(b)

One bedroom unit. The term "one bedroom unit" shall mean a dwelling unit containing a minimum floor area of at least 600 square feet per unit, consisting of not more than two rooms in addition to kitchen, dining and necessary sanitary facilities.

(c)

Two bedroom unit. The term "two bedroom unit" shall mean a dwelling unit containing a minimum floor area of at least 800 square feet per unit, consisting of not more than three rooms in addition to kitchen, dining and necessary sanitary facilities.

(d)

Three or more bedroom unit. The term "three or more bedroom unit" shall mean a dwelling unit wherein for each room in addition to the three rooms permitted in a two bedroom unit there shall be provided an additional area of 200 square feet to the minimum floor area of 800 square feet.

8.

Maximum height of each building:

9.

Minimum yard setback from the project's perimeter:

(a)

Front. Front and street-side setbacks shall be measured (in feet) from the centerline of each road right-of-way in accordance with the township's master plan as follows:

(b)

All other perimeter yard setbacks: 50 feet.

The perimeter side or rear setbacks may be reduced up to 50 percent by the planning commission in instances where the design of the building(s) orients the visual accessibility and living areas to a courtyard or other open space away from the side or rear lot line.

D.

Minimum site requirements.

1.

Screening. Whenever a multiple family development abuts property in a one-family or two-family residential district, or a site developed and improved for such use, perimeter screening shall be required as specified in section 5.01.

2.

Landscaping. Areas of the site not required to be hard-surfaced shall be landscaped and irrigated according to the requirements of section 5.03.

3.

Lighting. Adequate lighting facilities shall be provided for service drives and parking areas as required by section 5.06.

E.

Off-street parking requirements.

1.

Off-street parking space shall be provided for in accordance with the provisions of article 6 of this ordinance.

2.

Storage of commercial vehicles, trailers or recreational vehicles (boats, trailers, campers and similar vehicles) on the premises is prohibited.

(Amend. of 7-7-2009; Ord. No. 212.85, 3-15-2011)

The high and mid-rise district is designed to provide sites for apartments, offices and hotel structures adjacent to high traffic generators commonly found in the proximity of large acreage non-residential development and areas abutting major thoroughfares. This district is further designed to provide a zone of transition between traffic generators and residential districts through the requirements of lesser land coverage which, in turn, will result in more open space.

A.

Uses permitted.

1.

All buildings three stories or less may contain uses permitted and special approval uses as provided in the multiple-family district and shall be regulated according to the R-12 multiple-family district.

2.

High and mid-rise buildings shall be limited to the following uses:

(a)

Apartments.

(b)

Business and professional offices.

(c)

Hotels and motels.

(d)

Uses customarily accessory to any of the above uses permitted, not to include outside storage.

B.

Special land uses. The following special land uses and other uses similar to those uses set forth in this section may be granted approval by the township board following review by the planning commission, subject to the standards of this article and the general and specific standards for each use cited in article 13.

1.

Age-restricted adult housing (section 13.05).

2.

Churches and private schools (section 13.13).

3.

Colleges and universities (section 13.15).

4.

Nursing homes and skilled nursing facilities (section 13.17).

5.

General hospitals, emergency care treatment centers and similar outpatient treatment facilities (section 13.24).

6.

Golf courses (section 13.25).

7.

Reserved.

8.

Child care centers and nursery schools (section 13.34).

9.

Planned unit development (PUD) (section 13.37).

10.

Private clubs, fraternal and lodge halls (section 13.38).

11.

Private non-commercial recreation facilities (section 13.39).

12.

Public utility buildings, without storage yards (section 13.42).

C.

Minimum site and building requirements. All development in these districts shall require a site plan, as required in section 7.01, approved by the planning commission prior to issuance of a building permit. Approval will be based upon the articles of this ordinance, the following requirements, and such other conditions as may be imposed upon the use to carry out the intent of this ordinance by the planning commission:

1.

All lots used for mid-rise or high-rise structures shall be provided with an approved public water and sewage system.

2.

The maximum allowable height in the HMR District is 50 feet.

3.

No structure on any lot in this district shall have a total floor area exceeding 50 percent of the lot area (floor area ratio [FAR] of 0.5). The floor area shall be determined by taking the cross-sectional area in the horizontal plan at the level of each floor which is more than 20 feet from the mean grade.

4.

Nothing contained in this section shall be construed to prevent the owner of land from dividing any lot into two or more parcels; but, in any such case, the regulations of this section shall be applied to each resulting parcel without regard to the fact that adjoining property is held in the same ownership, except in proceedings to obtain a variance.

5.

In the HMR district, the minimum yard setback shall be equal to the height of the building, except:

(a)

That portion of a site abutting a road shall provide front yard setbacks from the centerline of each road right-of-way (R.O.W.) in accordance with the township's adopted master plan, as follows:

Distance from centerline (in feet):

 *  Freeways shall be measured from the established right-of-way lines.

 **  In the case of private roads, the front yard setback shall be measured from the road easement or common usage line abutting the subject lot.

b.

A perimeter setback of 50 feet shall be provided.

The minimums of this subsection may be further limited by considerations from the following subsection.

6.

In reviewing a proposed building and site development in the HMR district, the planning commission will take into consideration the following factors:

(a)

Vicinity impact:

(1)

Obstruction of off-site sunlight.

(2)

Continuous wall length.

(3)

Degree of ground floor activities.

(4)

Proportional building height.

(5)

Need for boundary trees.

(b)

Recreation space sufficiency by:

(1)

Type and size.

(2)

Sunlight on site.

(3)

Parking.

(4)

Landscaping.

(5)

Trees.

(c)

Security and safety:

(1)

Density.

(2)

Visibility.

(3)

Surveillance methods.

(4)

Location of parking.

(5)

Accessibility of emergency equipment.

(6)

Traffic impact.

(d)

Building interior.

(1)

Size of units.

(2)

Visual privacy and/or view.

(3)

Storage adequacy.

(4)

Refuse disposal methods and location.

7.

Where the HMR district is to be used for residential purposes other than transients (hotels and motels), the recreation requirements of section 9.40.C.4. shall be incorporated in the site plan and subsequent development.

D.

Minimum site requirements. Same as section 9.40.D., except subsection (1) and that the sign and lighting shall be approved by the planning commission based on a finding that such features are consistent with the use and character of the site vicinity.

E.

Off-street parking.

1.

Off-street parking shall be provided in accordance with the provisions of article 6 of this ordinance. Storage of commercial vehicles, trailers or recreational vehicles (boats, trailers, campers and similar vehicles) on the premises is prohibited.

2.

In the HMR district, areas devoted to off-street parking, drives or maneuvering lanes may not cover more than 30 percent of the area of any required minimum yards.

(Amend. of 7-7-2009; Ord. No. 212.92, 5-20-2014)