R-1, R-1A, R-1B, and R-E One-Family Residential Districts are designed to be the most restrictive of the Residential Districts. The intent is to provide for an environment of predominantly moderate density, one-family detached dwellings, along with other residentially related facilities which serve the residents in the Districts.

(Ord. 458. Passed 1-4-89; Ord. 732. Passed 10-10-01.)

   In R-1, R-1A, R-1B, and R-E One-Family Residential Districts, 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 Zoning Code:

   (a)   One-family dwellings;

   (b)   Farms and greenhouses on those parcels of land separately owned outside the boundaries of either a proprietary or assessor's plat, having an area of not less than five acres, all subject to the health and sanitation provisions of the City, provided that no farm shall be operated as a piggery, for the disposal of garbage, sewage, rubbish or offal, for a rendering plant or for the slaughtering of animals, except where such animals have been raised on the premises for use and consumption by persons residing on the premises;

   (c)   Publicly owned and operated parks, parkways and recreational facilities;

   (d)   Cemeteries which lawfully occupied land at the time of adoption of this Zoning Code;

   (e)   Home occupations; and

   (f)   Accessory buildings, structures and uses customarily incident to any of the permitted uses set forth in this section.

(Ord. 458. Passed 1-4-89; Ord. 732. Passed 10-10-01.)

   In R-1, R-1A, R-1B, and R-E One-Family Residential Districts, the following uses shall be permitted subject to the conditions hereinafter imposed for each use, and subject further to approval by the Planning Commission in accordance with the public hearing requirements set forth in Section 1262.07:

   (a)   Churches and other facilities normally incidental thereto subject to the following conditions:

      (1)   Buildings of greater than the maximum height allowed in Section 1298.01 may be allowed, provided front, side and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed.

      (2)   A two-acre site, at a minimum, shall be provided.

      (3)   All access to the site shall be in accordance with Section 1298.16.

      (4)   All off-street parking shall be screened as set forth and regulated in Section 1298.13.

   (b)   Public, parochial and other private intermediate or secondary schools offering courses in general education, not operated for profit, and not including dormitories;

   (c)   Utility and public service buildings and uses (without storage yards) when operating requirements necessitate the location of such a building within such Districts in order to serve the immediate vicinity and when the architecture is in keeping with the surrounding area;

   (d)   Nursery schools, day nurseries and child care centers (not including dormitories), provided that:

      (1)   The facility meets the requirements established in the Licensing Rules for Child Care Centers manual, as established by the Department of Human Services with the State of Michigan for indoor space;

      (2)   For each child there shall be provided and maintained a minimum of 100 square feet of outdoor play area. Such play space shall have a minimum area of not less than 1,200 square feet per the requirements of the Licensing Rules for Child Care Centers manual as established by the Department of Human Services with the State of Michigan;

      (3)   The outdoor play area shall be fenced and screened from any adjoining lot in any Residential District;

      (4)   That all other requirements of the Licensing Rules for Child Care Centers manual as established by the Department of Human Services with the State of Michigan be fulfilled; and

      (5)   All access to the site shall be in accordance with Section 1298.16.

   (e)   Private noncommercial recreational areas, institutional or community recreation centers, and nonprofit swimming pool clubs, not including indoor ice skating rinks and indoor tennis courts, all subject to the following conditions:

      (1)   The proposed site for any of the uses permitted herein which would attract persons from, or are intended to serve, areas beyond the immediate neighborhood, shall have at least one property line abutting a major thoroughfare and the site shall be so planned as to provide all access in accordance with Section 1298.16.

      (2)   Front, side and rear yards shall be at least eighty feet wide and shall be landscaped in trees, shrubs and grass. All such landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance. There shall be no parking, structures or recreation facilities permitted in these minimum yards, except that off-street parking may be permitted to within twenty-five feet of a street, and except for required entrance drives and walls used to obscure the use from abutting residential uses or districts.

      (3)   Off-street parking shall be provided so as to accommodate not less than one-half of the member families and/or individual members. The Planning Commission may modify the off-street parking requirements in instances wherein it is specifically determined that the users will originate from the immediately adjacent areas and will, therefore, be pedestrian. Prior to the issuance of a building permit, bylaws of the organization shall be provided in order to establish the membership involved for computing the off-street parking requirements. In those cases wherein the proposed use or organization does not have bylaws or formal membership, the off-street parking requirement shall be determined by the Planning Commission on the basis of usage.

      (4)   Whenever a swimming pool is constructed under this Zoning Code, such pool and the pool area shall comply with the standards of this Zoning Code regulating the location of accessory uses and with applicable State regulations. In those instances where a conflict exists between State and local regulations, the most restrictive standard shall govern.

   (f)   Golf courses consisting of at least nine holes and not including driving ranges, and pitch and putt, miniature or par-3 courses, which may or may not be operated for profit, subject to the following conditions:

      (1)   The site shall be so planned as to provide all access in accordance with Section 1298.16.

      (2)   The site plan shall be laid out to achieve a relationship between the major thoroughfare and any proposed service roads, entrances, driveways and parking areas which will encourage pedestrian and vehicular traffic safety.

      (3)   Development features, including the principal and accessory buildings and structures, shall be so located and related as to minimize the possibilities of adverse effects upon adjacent property. This shall mean that all principal or accessory buildings shall be not less than 200 feet from any property line abutting residentially zoned lands, provided that where topographic conditions are such or will be such that buildings will be screened from view, the Planning Commission may modify this requirement.

      (4)   Whenever a swimming pool is to be provided, such pool and the pool area shall comply with the conditions set forth in subsection (e) hereof.

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

      (1)   Any use permitted herein shall be developed only on sites of at least 40 acres in area and shall not be permitted on any portion of a recorded subdivision plat.

      (2)   All access to such sites shall be in accordance with Section 1298.16.

      (3)   No building shall be closer than 100 feet to any property line.

      (4)   Buildings to be used for servicing or maintenance, such as heating plants, garages, storage structures and the like, shall not be located on the outer perimeter of the site where abutting property is zoned for residential purposes.

      (5)   Buildings of greater than the maximum height allowed in Section 1298.01 may be permitted, provided front, side and rear yard setbacks are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed.

   (h)   Private pools as an accessory use within the rear yard or within a non-required interior side yard. Such pools shall not require Planning Commission review and approval. However, private pools and pool areas shall comply with the conditions set forth in subsection (e) hereof.

   (i)   Cemeteries, provided that:

      (1)   Not more than 51% of the land in the residential unit, as graphically outlined in the City's Comprehensive Development Plan, in which the cemetery is to be located, is in recorded plats.

      (2)   All access to the site shall be in accordance with Section 1298.16.

   (j)   Railroad rights of way, but not including terminal freight facilities, transfer and storage tracks or marshalling yards;

   (k)   The keeping of horses and ponies subject to the following:

      (1)   No such animal or building intended for its keeping shall be the principal use of the land, but shall be accessory to a principal permitted use on the land.

      (2)   Such animals are for private use only.

      (3)   A minimum of two acres of grazing land shall be provided for each animal kept.

      (4)   Animal pens and stables shall be kept clean. Manure and stable refuse shall be treated so as to control flies and other insects and shall be disposed of regularly and not allowed to accumulate so as to become a public nuisance.

      (5)   An animal, when kept on land adjacent to land containing residential dwellings, shall be tethered not closer than eighty feet from the property line. Irrespective of Section 1298.04, all outbuildings intended for the keeping of animals shall be located not less than 100 feet from such property lines and from any on-site dwelling premises.

   (l)   Accessory buildings and uses customarily incident to any of the uses set forth in this section.

   (m)   Adult day-care facilities.

      (1)   Adult family day-care homes service six or fewer adults shall be considered a residential use of property and a permitted use in all residential districts. The adult daycare home shall receive adults for care and supervision for periods of less than 24 hours a day.

      (2)   Adult group day-care home with greater than six but no more than 12 adults is subject to the following:

         A.   The proposed use of the residence for group day-care shall not change the essential character of the surrounding residential area, and shall not create a nuisance in fact or law relating to vehicular parking, noise, or additional congestion in excess of residential uses in the district.

         B.   Where outdoor areas are provided, they shall be enclosed by a fence that is at least four feet in height, but no higher than six feet.

         C.   The hours of operation do not exceed 16 hours within a 24 hour period with no activity between the hours of 10:00 p.m. and 6:00 a.m.

         D.   Appropriate license with the State of Michigan shall be maintained.

   (n)   Adult foster care facilities.

      (1)   Intent. It is the intent of this section to establish standards adult foster care facilities that will insure compatibility with adjacent land uses and maintain the character of the neighborhood.

      (2)   Adult foster care facilities.

         A.   Application of regulations.

            1.   A state licensed adult foster care family home and adult foster care small group home serving six persons or less shall be considered a residential use of property and a permitted use in all residential districts, provided they conform to all applicable building codes and ordinances.

            2.   The city may, by issuance of a special land use permit, authorize the establishment of adult foster care small group homes serving more than six persons.

         B.   Adult foster care small group homes serving between seven and 12 adults, shall be considered as a use subject to special conditions and subject to the requirements and standards of the Zoning Code and the following additional standards:

            1.   The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of 1,500 square feet per adult, excluding employees and/or care givers.

            2.   The property is maintained in a manner that is consistent with the character of the neighborhood. Including but not limited to meeting the International Property Maintenance Code and all other applicable codes and ordinances.

            3.   Appropriate licenses with the State of Michigan shall be maintained. Copies shall be provided to the Building Department annually.

         C.   Any foster care facilities serving more than 12 adults shall not be permitted in any residential district.

(Ord. 458. Passed 1-4-89; Ord. 732. Passed 10-10-01; Ord. 08-869. Passed 8-20-08; Ord. 16-973. Passed 2-3-16.)

   The following conditions, where applicable, shall apply to all uses permitted under this chapter:

   (a)   All single-family detached dwelling structures shall comply with the following standards:

   R-1, R-1A and R-1B One-Family Residential Districts

      (1)   All dwelling units shall conform to all applicable City and State codes and ordinances.

      (2)   All dwelling units shall be permanently attached to an approved foundation.

      (3)   All dwelling units shall be provided with exterior finish materials similar to the dwelling units on adjacent properties or in the surrounding residential neighborhood.

(Ord. 458. Passed 1-4-89.)

      (4)   All dwelling units shall be provided with roof designs and roofing materials similar to the dwelling units on adjacent properties or in the surrounding residential neighborhood. Partial second floor additions may be constructed on existing one-story residences, provided that the roof pitch and style of the addition match that of the residence on which it is to be placed.

(Ord. 500. Passed 7-31-91.)

      (5)   Building height and the number of stories shall conform with that on adjacent properties or in the surrounding residential neighborhood.

      (6)   All dwelling units shall be provided with an exterior building wall configuration which represents an average width to depth or depth to width ratio which does not exceed three to one, or which is in reasonable conformity with the configuration of dwelling units on adjacent properties or in the surrounding residential neighborhood, but in no instance shall such width be less than twenty-four feet.

         The Building Department, in reviewing any proposed dwelling unit with respect to paragraphs (a)(3), (4) and (5) hereof, shall not seek to discourage architectural variation, but shall seek to promote the reasonable compatibility of the character of dwelling units, thereby protecting the economic welfare and property value of surrounding residential uses and the City at large. In reviewing any such proposed dwelling unit, the Department shall require the applicant to furnish such plans, elevations and similar documentation as it deems necessary to permit a complete review and evaluation of the proposed dwelling unit.

   (b)   Except where otherwise regulated in this chapter, see Section 1298.01 for limitations on the height and bulk of buildings, the minimum size of lot by permitted land use, the maximum dwelling unit density permitted, building setbacks and development options.

   (c)   Residential yards shall be planted with vegetation or covered with other pervious material so as to provide a ground cover within twelve months of issuance of a Certificate of Occupancy. A minimum of eighty percent of the residential lot not covered by buildings, driveways, or walks as are permitted by ordinance or code shall be covered and maintained with grass or grass in combination with other absorptive materials, such as flowers, shrubs, mulch, bark, or other decorative ground cover which will suppress the formation of dust, mud, noxious weeds, and/or excessive water run-off. Failure to comply with this provision shall constitute a civil infraction punishable by a fee of not more than fifty dollars ($50.00).

(Ord. 717. Passed 7-5-01; Ord. 834. Passed 10-18-06.)

   (d)   Home occupations as permitted under this chapter shall:

      (1)   Be conducted wholly and entirely within the principal dwelling;

      (2)   Be located either in the basement or on the ground floor of the principal dwelling and shall occupy not more than twenty-five percent of the ground floor area of the principal dwelling;

      (3)   Be conducted only by the inhabitants thereof. There shall be no other employees or assistants employed in connection therewith.

      (4)   Involve the keeping of a stock in trade, and no article shall be sold or offered for sale except such article as may be produced or provided by the inhabitants thereof;

      (5)   Have no equipment or machinery used in connection with a home occupation which is industrial in nature;

      (6)   Not change the character of the residential appearance and orientation of the dwelling as a residential use;

      (7)   Not require internal or external alterations or construction, other than that which may be required to meet local or State safety or construction code standards, as authorized by the City;

      (8)   Not be carried on to an extent that will require parking in excess of that required for a residential building by this Zoning Code;

      (9)   Have no signs, advertising devices or other manifestation located on the exterior of the dwelling structure or within any yard area which suggests or implies the existence of a home occupation;

      (10)   Not include clinics, hospitals, barber or beauty shops, tea rooms, tourist homes, kennels, millinery shops or other uses similar thereto or which do not meet the requirements of this subsection; and

      (11)   Be approved by the Director of Inspections when it is determined that the conditions set forth in this subsection are met. The Director may then issue a special use permit. Once established, no home occupation shall deviate from the required conditions. Upon the filing of a complaint by a neighbor or by the City, no home occupation shall be continued when the same is found objectionable or in violation of these conditions by the Board of Zoning Appeals due to noise, electrical interference, dust, smoke, odor, vibration, traffic congestion, reduction of on-street parking, reduction in the living environment of the dwelling or the neighborhood or other causes for which a reasonable complaint is brought.

   (e)   See Chapters 1292 and 1298 for provisions regarding:

      (1)   Accessory uses

      (2)   Commercial and recreational vehicle parking and storage

      (3)   Off-street parking and loading

      (4)   Site plan review

      (5)   Improvement guarantees

      (6)   Screen walls and earth berms

      (7)   Exterior lighting

      (8)   Residential entranceways

      (9)   Corner clearance

      (10)   Landscape planting standards

      (11)   Fences

      (12)   Frontage on a public street

      (13)   Access to major thoroughfares

      (14)   Exterior building wall facades

      (15)   Signs

(Ord. 458. Passed 1-4-89; Ord. 717. Passed 7-5-01.)