These residential districts are intended to provide areas in the city for single-family dwellings as permitted uses and residentially related uses subject to special approval. The districts are designed to encourage the continued use of land for single-family dwellings and discourage any land use which would create excessive or unsafe traffic on local streets.

The R A District is intended to apply only to those areas where the existing lots are platted at less than the minimum lot size of the R 1 District or where the existing character of development in the immediate vicinity is less than the minimum lot size of the R 1 District and that the legislative body does find that an unreasonable hardship would be created for the property owners to develop in accordance with the existing zoning district regulations.

The R E District is intended to apply to those areas where the existing development clearly meets the requirements of this district and that any future reduction of those development standards would have a serious adverse effect upon the surrounding neighborhood and would reduce the existing character of such residential area to the detriment of the community.

There are certain special land uses that may be permitted after a finding by the planning commission and city council subject to the specific standards as enumerated in article 5 of this chapter.

The regulations in this article shall apply to all R A, R 1, R 2, R 3, R 4, and RE Districts.

(Ord. No. 1446, 8-5-99)

In all single-family residence districts, no building or structure or part thereof shall be erected, altered, or used, or land used, in whole or in part, except as otherwise provided in this chapter except for one (1) or more of the following specified uses:

(1)

One family dwellings.

(2)

Farms and buildings erected, altered or moved onto farms which shall conform to all provisions of this chapter.

(3)

Accessory buildings or uses customarily incidental to any of the above permitted uses; one (1) private garage for each residential lot, shall be considered a legal accessory use. Not more than one (1) of each of the following shall be allowed to be stored, placed, or kept on the property: boat, domestic trailer, commercial vehicle or recreational vehicle. A boat, domestic trailer, commercial vehicle or recreational vehicle which does not exceed twenty (20) feet (6.1 meters) in length may be kept, placed or stored in the rear yard of the property or within a private garage; however, if any length thereof exceeds twenty (20) feet (6.1 meters) such boat, domestic trailer, commercial vehicle or recreational vehicle must be kept, place or stored fully within a private garage. "Commercial motor vehicle" means a motor vehicle used in commerce or business to transport passengers or property. However, if any commercial vehicle is being used as a daily mode of transportation for an occupant of the residence, and does not exceed twenty (20) feet (6.1 meters) in length, it may be temporarily parked (not exceeding seventy-two (72) hours) in the driveway of the residential structure while not in use.

(Ord. No. 1446, 8-5-99; Ord. No. 1588, § 2, 12-25-11; Ord. No. 1648, § 2, 12-27-15)

The following uses may be permitted upon the review and approval of the city council after a recommendation from the planning commission. The use or uses shall only be approved when the following general standards have been satisfied and subject to the conditions hereinafter imposed.

(1)

Standards.

(A)

The residential character of the area shall be maintained.

(B)

The subject property is so located as not to hinder the natural and presumed residential development of the area, nor negatively impact, existing woodlands and wetlands as defined by the city's adopted woodlands and wetlands map and ordinance of article 4, general provisions.

(C)

The subject property will act as a buffer or transitional area between a residential development and a nonresidential development.

(D)

The location, size, intensity and periods of operation of any such proposed use must be designed to eliminate any possible nuisance likely to emanate there from which might be adverse to occupants of any other nearby permitted uses.

(E)

The proposed use must be in accord with the spirit and purpose of this chapter and not be inconsistent with, or contrary to, the objectives sought to be accomplished by this chapter and principles of sound planning.

(F)

The proposed use is of such character and the vehicular traffic generated will not have an adverse effect, or be detrimental, to the surrounding land uses or the adjacent thoroughfares.

(G)

The proposed use is of such character and intensity and arranged on the site so as to eliminate any adverse effects resulting from noise, dust, dirt, glare, odor or fumes.

(H)

The proposed use, or change in use, will not be adverse to the promotion of the health, safety and welfare of the community.

(2)

Uses.

(1)

Public and private schools offering courses in general education and not operated for profit.

(2)

Publicly owned buildings and buildings located on publicly owned land.

(A)

General or professional office uses (operated for profit or not for profit) within publicly owned buildings may be considered ancillary uses, conditional upon the following:

i.

The provisions as set forth within this section do not supersede and must comply with all pertinent requirements of section 5.53 historic districts, article 4, if applicable to the property

ii.

Parking shall be required in accordance with article 4, section 5.30 off-street parking requirements.

iii.

Outside storage shall be prohibited.

iv.

Hours of operation limited to 8:00 a.m. To 8:00 p.m.

v.

All activities shall be held inside the building.

vi.

On-site barrier-free spaces and access aisles are to be asphalt or concrete. Balance of parking areas and driveways are to be gravel in a form acceptable to the city engineering department. Parking areas are to be clearly demarcated with signs or bumper blocks.

vii.

Subject to all other ordinance requirements pertaining to pedestrian circulation, ADA requirements, landscaping, storm water management, etc.

(B)

Bed and breakfasts ("B&B") within publicly owned buildings or located on publicly owned land shall comply with the following:

i.

The provisions as set forth within this section do not supersede and must comply with all pertinent requirements of section 5.53 historic districts, article 4, if applicable to the property.

ii.

The owner of the property, or their designee, is required to live in the B&B and to provide guest services, including, but not limited to:

1.

Front desk/communication.

2.

Maid/cleaning service.

3.

Breakfast after overnight lodging.

iii.

The number of rooms available for overnight lodging by guests is limited to five (5).

iv.

Overnight guests must have access to a bathroom.

v.

Breakfast prepared in the dwelling's kitchen is to be provided in the morning following an overnight stay as part of compensated guest services.

vi.

Breakfast at the B&B must not be advertised to the general public as a restaurant.

(3)

Parks and nature preserves.

(4)

Community buildings, country clubs, fraternal lodges, or similar civic or social clubs.

(5)

Recreational areas which are predominately open uses of land with indoor facilities no larger in gross floor area than twenty-five (25) percent of the ground area occupied by the outdoor recreational facilities. Outdoor recreational facilities in this section shall include swimming pools and adjoining decks, tennis courts, shuffleboard courts, handball courts, baseball fields, soccer fields, golf courses, driving ranges, picnic grounds and other areas that are designated to be used for specified recreational activities.

(6)

Indoor recreational centers.

(7)

Churches, synagogues, mosques, cemeteries.

(A)

Emergency shelters for the homeless and soup kitchens may be considered ancillary uses conditional upon the following:

i.

Shelter and/or meal service for seven (7) or more recipients is limited to two (2) weeks maximum in any one (1) calendar year.

ii.

Shelter and/or meal service for seven (7) or more recipients is limited to one (1) week at a time throughout the calendar year.

iii.

Limitations on duration for six (6) or fewer recipients of shelter and/or meal service at a time do not apply.

(8)

Group child care homes.

(9)

Small event venues.

(A)

Maximum building size of three-thousand (3,000) square feet on first floor.

(B)

One (1) acre minimum of land area required.

(C)

Maximum building height is thirty (30) feet.

(D)

Must be located on a major thoroughfare.

(E)

Parking shall be required in accordance with article 4, section 5.30 off-street parking requirements.

(F)

Outside storage shall be prohibited.

(G)

Hours of operation limited to 10:00 a.m. to midnight.

(H)

All activities shall be held inside the building.

(I)

Building setback shall be a minimum of thirty (30) feet from all property lines.

(J)

A six (6) foot tall residential fence or unpierced masonry wall shall be provided on all sides adjacent to residential districts.

(K)

Driveway approach must be of a material acceptable to the City of Southfield, Michigan Department of Transportation or Road Commission for Oakland County.

(L)

On-site barrier-free spaces and access aisles are to be asphalt or concrete. Balance of parking areas and driveways are to be gravel in a form acceptable to the city engineering department. Parking areas are to be clearly demarcated with signs or bumper blocks.

(M)

Subject to all other ordinance requirements pertaining to pedestrian circulation, ADA requirements, landscaping, storm water management, etc.

(Ord. No. 1446, 8-5-99; Ord. No. 1588, § 2, 12-25-11; Ord. No. 1654, § 4, 3-20-16; Ord. No. 1702, § 2, 5-30-19; Ord. No. 1727, § 1, 9-10-20; Ord. No. 1745, § 3, 11-4-21)

(1)

Keeping of animals shall be permitted subject to the provisions of title IX, chapter 113, animals of the Code of Ordinances.

(2)

Reserved.

(3)

Reserved.

(4)

Indoor recreational facilities, churches, synagogues, mosques, cemeteries, country clubs, fraternal bodies or similar civic or social clubs, shall comply with the following:

(A)

The depth of the front and of the rear yards and the width of each side yard shall not be less than fifty (50) feet (15.25 meters).

(B)

At least fifty (50) percent of the above yard setback shall be in landscaping.

(C)

The subject property must be located on a major thoroughfare, with direct access to the thoroughfare.

(D)

An unpierced masonry wall shall be provided on all sides adjacent to residential districts.

(5)

Picnic grounds, miniature golf courses, golf driving ranges, golf courses, shall comply with the following:

(A)

The subject property must be located on a major thoroughfare, with direct access to the thoroughfare.

(6)

Group child care homes shall comply with the following:

(a)

Only the care provider and his/her immediate family shall reside in the home.

(b)

For each child, a child care home shall have a minimum of thirty-five (35) square feet of indoor activity space for use, exclusive of all of the following:

•

Hallways

•

Bathrooms

•

Storage areas and cloak rooms

•

Kitchens

•

Reception and office areas

•

Non-habitable basement space

(c)

Adequate outdoor play area (minimum of one thousand two hundred (1,200) square feet) shall be provided on the subject property or located within five hundred (500) feet of the subject property at a public park or at other outdoor facilities, which are accessible by public walkway.

(d)

All outdoor play areas, on subject property, shall be located in the rear or side yards only and shall be enclosed with a completely obscuring decorative masonry wall or ornamental fence six (6) feet in height.

(e)

Children (not related to the care provider) shall not be dropped off or picked up between the hours of 10:00 p.m. and 6:00 a.m.

(f)

There shall be no signs for the child care home.

(g)

The appearance and maintenance of the property is consistent with the visible character of the neighborhood.

(Ord. No. 1229, 4-6-87; Ord. No. 1446, 8-5-99; Ord. No. 1588, § 2, 12-25-11; Ord. No. 1808, § 1, 3-17-25)

In all residence districts, there shall be a front yard on every lot, the minimum depth shall be as set forth in the "schedule of regulations" in article 22.

In all residence districts, there shall be a side yard on each side of every lot, the minimum width of side yards shall be as set forth in the "schedule of regulations" in article 22, except that in no instance shall any side yard abutting a street be less than twenty-five (25) feet (7.625 meters) in width. Minimum side yard abutting a street does not pertain to fencing located within residential districts, which is governed by section 5.37 of this chapter.

(Ord. No. 1774, § 3, 8-14-23)

In all residence districts, there shall be a rear yard on every lot, the minimum depth shall be as set forth in the "schedule of regulations" in article 22, except that for residential buildings with attached garages, the minimum depth of the rear yard shall not be less than twenty-five (25) feet (7.625 meters).

Where a rear yard on a lot abuts a street (such lot is commonly known as a thru lot), the minimum depth of such rear yard shall be equal to the minimum front yard requirement for the lots fronting on said street within the same frontage block.

In all residence districts, the minimum usable floor area and the maximum percent of the area of a lot that one (1) family dwellings, together with accessory buildings, may occupy shall be as set forth in the "schedule of regulations" in article 22.

In all residence districts, the maximum height of buildings shall be regulated by the "schedule of regulations" in article 22.

In all residence districts, the minimum required lot area shall be as set forth in the "schedule of regulations" in article 22, and further:

(1)

All areas of developed single-family property that are not covered by buildings and hard-surfaced areas such as driveways, patios, swimming pools, tennis courts, and other permitted outdoor activity areas, shall be landscaped as defined in article 2, section 5.7, paragraph (1), and further, not less than sixty-five (65) percent of all front and side yards shall be landscaped.

(2)

The parking of motor vehicles shall not be permitted on any front or side yard landscaped area.

(Ord. No. 1321, 7-18-91)

One (1) or more accessory buildings, including one (1) detached garage, shall be permitted in all single-family residence districts provided that:

(1)

Such buildings shall not exceed fifteen (15) feet in height.

(2)

The total sum of the gross floor area of all accessory buildings on any assessment tax parcel shall not exceed the smaller of either ten (10) percent of the land area of the assessment tax parcel, or the gross area of the first story or ground floor of the principal building or use to which the accessory building relates.

(3)

No portion of any accessory building shall be within three (3) feet (0.915 meters) of a side or of a rear property line.

(4)

Where a rear yard abuts a street (such lot being commonly known as a thru lot), accessory buildings shall not occupy any of the minimum required rear yard space.

(5)

On a corner lot, accessory buildings shall not occupy any of the minimum required side yard area abutting a street nor any of that portion of the rear yard nearer to the street than the width of said yard required on such lot and abutting on such street.

Accessory transmitting and/or receiving towers, antenna or satellite dish antennas shall not be located in any front yard or any required side yard as regulated by article 2, definitions, section 5.9 (T—Z). On a corner lot, any such accessory structures shall not occupy any of the side yard abutting upon a street. Guy wires or any other structural supports shall not encroach upon any right-of-way, adjoining property, easements, or yard areas abutting a street.

The maximum height of any accessory transmitting and/or receiving tower or antenna shall not exceed seventy-five (75) feet (22.875 meters) from grade.

Satellite dish antennas shall be approved by the department of building and safety engineering prior to issuance of a building permit and shall not exceed an overall diameter of twelve (12) feet (3.66 meters) or an overall height of fifteen (15) feet (4.575 meters) above existing grade and shall be permanently ground-mounted.

(Ord. No. 1229, 4-6-87; Ord. No. 1774, § 3, 8-14-23)

The intent of this section is to permit the development of single-family residential patterns which, through design innovation, will provide for an alternative means for development of single-family areas. Realizing the increased public importance of protecting woods and parks in their natural state, special attention will be given to the creation of private garden areas, public sitting areas, tot lots, and park areas. Prime locations for the use of this option will be those areas where natural features would be destroyed due to the mass grading resulting from the conventional subdividing of property. To accomplish this, modifications to the single-family residential standards, as outlined in article 22, schedule of regulations, shall be permitted.

(1)

The planning commission may approve the clustering and/or attaching of single-family dwelling units on parcels of land under single ownership and control when, in the opinion of the planning commission, such development would have advantages over development under the normal subdivision approach.

In approving an area for cluster development, at least one (1) of the following conditions shall exist as it relates to the subject property:

(a)

The property is of such a depth and/or width to make normal subdivision platting difficult.

(b)

The parcel is shaped in such a way that it contains acute angles which would make a normal subdivision difficult to achieve.

(c)

The parcel contains a floodplain or poor soil conditions which results in a substantial portion of the total area of the parcel being unbuildable. Soil test borings, floodplain maps or other documented evidence must be submitted to the planning commission in order to substantiate the parcel's qualification for cluster development.

(d)

The parcel contains natural assets which could be preserved through the use of cluster development. Such assets may include the natural stands of large trees, land which serves as a natural habitat for wildlife, unusual topographic features, or other natural assets which should be preserved.

(e)

The parcel contains natural land forms which are so arranged that the change of elevation within the site includes slopes in excess of ten (10) percent between these elevations. The elevation changes and slopes shall appear as the typical feature of the site rather than the exceptional or infrequent features of the site. The topography is such that achieving road grades of less than that permitted by the city could be impossible unless the site were mass graded.

(f)

The parcel has at least one (1) lot line which abuts a nonsingle-family residential zoning district or a permanent nonresidential use.

(g)

The parcel is in an area which has been designated by the city council, after a report and recommendation from the planning commission, as a residential conservation area. For purposes of this chapter, residential conservation areas are defined as areas of sound structures but with some scattered dilapidation and poor maintenance. The majority of the structures can be economically rehabilitated into sound residential structures.

(h)

The parcel is situated such that the cluster option will allow flexibility in design and placement of open space for increased insulation and protection for the residential units from adjacent freeways or other major thoroughfares.

(i)

A request for the cluster option shall not be approved when:

1.

In the opinion of the planning commission the proposal would be contrary to the health, safety and general welfare of the developed and established residential areas in the immediate vicinity; or

2.

The request would be contrary to the purpose of the cluster option which is to maintain important natural areas, topography and improving the open space characteristics of a given area; or

3.

The request is not consistent with the goal of revitalizing residential conservation areas into sound and stable residential areas and improving the health, safety, and welfare of residential areas.

(2)

In areas meeting the above criteria, the minimum yard setbacks and minimum lot sizes per unit as required by article 22, schedule of regulations, may be waived and the attaching of dwelling units may be permitted subject to the following:

(a)

The attaching of single-family dwelling units, one (1) to another, may be permitted when said homes are attached by means of one (1) or more of the following:

1.

Through a common party wall which does not have over thirty (30) percent of the plan view overlap of any wall in common with an abutting dwelling wall.

2.

By means of an architectural wall which does not form interior room space.

3.

Through a common party wall in only the garage portion of the abutting structure.

(b)

No other common party wall relationship is permitted and the number of units attached in the above manner shall not exceed four (4).

(c)

In a cluster development, the maximum density permitted shall be determined by the following regulations:

(d)

The minimum floor area per unit shall be determined by the respective zoning district in which the development is located and as listed in article 22, schedule of regulations.

(e)

Yard requirements shall be provided as follows:

1.

No building shall be less than fifty (50) feet (15.25 meters) from a perimeter lot line; all other yard requirements shall be determined and controlled by the site plan.

2.

Off-street parking spaces shall not be permitted within a minimum yard abutting a public street.

(3)

The procedure for preparation and submittal of a plan under this section shall be as follows:

(a)

Ten (10) copies of a preliminary plan of the cluster development with a written application shall be submitted to the planning department.

(b)

The preliminary plan should be drawn to scale and show the arrangement of dwelling units, streets, and open space. Dimensions of these elements shall be shown but may be approximated. It is the intent of this section that the preliminary plan be done in sufficient detail to permit planning review and yet not require precisely engineered plans. At this stage, the planning commission shall have the authority to require alterations to be made in the plan if this is found necessary to comply with the intent of this section.

(c)

The preliminary plan shall include:

1.

An overall map showing the relationship of the property to its surroundings within one-half (½) mile (0.8045 kilometers) such as section lines and/or major and secondary streets.

2.

Property and lot lines and public and private streets of adjacent tracts of subdivided and unsubdivided property within two hundred (200) feet (61 meters) of the proposed plan.

3.

Location of existing sewers, water mains, storm drains and other underground facilities within or immediately adjacent to the proposed property.

4.

Topography drawn at two (2) foot (0.61 meters) contour intervals, preliminary landscaping plans, and all computations relative to acreage and density.

To the extent possible, all the natural features of the property such as large trees, natural groves, watercourses and similar assets that will add attractiveness and value to the property and will promote the health and welfare of the community shall be preserved. The preservation of drainage and natural stream channels must be maintained by the proprietor and the provision of adequate easements, where appropriate, shall be required.

5.

At least two (2) trees per unit shall be provided within the area, related to the respective units. Said trees shall have at least three (3) inch (7.62 centimeters) caliper measured one (1) foot (0.305 meters) above the ground.

6.

Sidewalks shall be required on all public rights-of-way and in any area the planning commission deems necessary to ensure pedestrian movement and safety.

The planning commission may request typical building elevations and floor plans and any other details which assist in reviewing the proposed plan.

(d)

Site plans submitted under the option shall be accompanied by written statements regarding the following:

1.

The proposed manner of holding title to the open land.

2.

The proposed manner of payment of taxes.

3.

The proposed method of regulating the use of the open land and the persons or corporations responsible for maintenance.

4.

The proposed method of financing the maintenance and development of the property.

(e)

Upon receipt of all the necessary material and plans, the planning commission shall review all details of the proposed plan within the framework of the zoning ordinance, within the various elements of the master plan, and within the intent of this section.

(f)

After the review of the preliminary plan, the proprietor may be requested to submit detailed plans showing detailed building location, final topography, landscaping, driveways and parking and any other items which the commission deems necessary for their final review.

(4)

The planning commission shall not act upon the request until notices by mail have been sent to the proprietor and to the owners of land immediately adjoining the proposed plan. Said notices shall include the time and place of the commission meeting and shall be sent not less than five (5) days before the date fixed therefor. In addition, not less than fifteen (15) days notice of the time and place of such public hearing shall be published in the official newspaper of the city.

(5)

If the planning commission is satisfied that the proposal meets the spirit and intent of the zoning ordinance, it shall give tentative approval with the conditions upon which such approval should be based. If the planning commission is not satisfied that the proposal meets the spirit and intent of the zoning ordinance or finds that approval of the proposal would be detrimental to existing development in the general area and should not be approved, it shall record reasons therefor in the minutes of the planning commission meeting. If disapproved, the applicant shall be entitled to a hearing before the city council if he requests one (1) in writing within thirty (30) days after action by the planning commission.

The city council shall not act upon the request until notices by mail have been sent to the proprietor and to the owners of land immediately adjoining the proposed plan. Said notices shall include the time and place of the council meeting and shall be sent not less than five (5) days before the date fixed therefor. In addition, not less than fifteen (15) days notice of the time and place of such public hearing shall be published in the official newspaper of the city.

(6)

If the planning commission approves the site plan, they shall instruct the city attorney to review deed restrictions setting forth the conditions upon which such approval is based. The restrictions shall be binding upon the property and the prospective purchasers. Said restrictions shall include, but not be limited to:

(a)

A severance clause for noncompliance with the approved plan.

(b)

A specified time period for development. Failure to begin construction within twelve (12) months of approval shall make the approval null and void unless the extension is requested, in writing, by the applicant and the request is granted by the approving body.

(c)

A provision which will guarantee the completion of the proposed improvements to the open land within a time to be set by the approving body.

(Ord. No. 1266, 2-27-89; Ord. No. 1793, § 2, 8-19-24)