The one family districts are established to provide an environment suitable for families who typically have children. The districts are principally for one family dwellings at varying densities. The specific intent 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. The city also discourages any land use which, because of its character and size, would create requirements and costs for public services substantially in excess of those needed for the one family densities of that zoning district. The city also discourages any land use which would be incompatible or generate excessive traffic on local streets.

   The following uses shall be permitted, subject to the limitations of this ordinance:

   A.   One family detached dwellings (subject to section 28.08);

   B.   Agriculture, provided that on parcels of less than eight acres, there shall be no raising of livestock, fowl or other animals;

   C.   City-owned and/or operated libraries, museums, administrative offices, Police and Fire Department facilities, parks and recreational facilities, subject to the screening and setback requirements of section 3.02F;

   D.   Essential services needed to serve the immediate vicinity, provided that appropriate screening, as determined by the Planning Department, shall be required when abutting single family dwellings;

   E.   Site condominiums as defined herein and subject to section 22.00;

   F.   Model homes for the sale of residences within subdivisions in the City of Sterling Heights.

   G.   State licensed residential facilities providing residential services for six or fewer individuals, provided such facility is not an adult foster care facility licensed by a state agency for care and treatment of persons released from or assigned to adult correctional institutions.

(Ord. No. 278-NN, § 5, 1-6-09)

   The following uses, and others similar to those cited in this article, may be permitted by the Planning Commission subject to the general standards of section 25.02 and the specific standards imposed for each use:

   A.   Churches, synagogues, mosques and places of group worship, subject to the following:

      1.   Buildings of greater than the maximum height allowed in this district may be permitted, 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.   All ingress to and egress from the site shall be directly onto a major or secondary thoroughfare having an existing or planned right-of-way width of at least 86 feet as indicated on the Master Road Plan;

      3.   Parking lot screening meeting the requirements for moderate intensity impacts shall be provided as required in section 24.01;

      4.   Such facilities may include related community centers, provided that such centers are limited to activities sponsored by church members only. Said facilities shall not be used as banquet facilities to the general public;

      5.   All principal and accessory buildings, except for accessory storage buildings, such as a shed or detached garage, shall maintain minimum rear and side yard setbacks of at least 50 feet.

   B.   Colleges, universities and other such institutions of higher learning, public and private, offering courses in general, technical or religious education, all subject to the following conditions:

      1.   Any use permitted herein shall be developed only on sites of at least 15 acres in area;

      2.   All ingress to and egress from the site shall be directly onto a major thoroughfare having an existing or planned right-of-way width of at least 120 feet, as indicated on the Master Road Plan. Landscaped berms shall be provided along the frontage of the site as per the requirements of section 24.01;

      3.   No building shall be closer than 100 feet to any property line when said property line abuts, or is adjacent to, land zoned for residential purposes;

      4.   Screening, meeting the requirements for moderate intensity impacts of section 24.01, shall be provided for all parking lots and service, maintenance or activity centers, when visible from adjoining residentially zoned land;

      5.   The site shall consist of a minimum area of 400 square feet per pupil.

   C.   Golf courses (but not including golf driving ranges, miniature golf courses, banquet or catering facilities or freestanding commercial uses), related clubhouses, accessory seasonal restaurants and recreation areas, all subject to the following conditions:

      1.   Any use permitted herein shall be developed only on sites of at least 50 acres in area;

      2.   All ingress to and egress from the site shall be directly onto a major or secondary thoroughfare having an existing or planned right-of-way width of at least 86 feet as indicated on the Master Road Plan;

      3.   No clubhouse, swimming pool, tennis court, maintenance or equipment storage building or similar use shall be located closer than 100 feet to any property line;

      4.   Whenever a swimming pool is constructed, said pool area shall be surrounded with a protective fence six feet in height and entry shall be provided by means of a controlled gate;

      5.   Screening, meeting the requirements for moderate intensity impacts of section 24.01, shall be provided for all outside storage, service and maintenance areas and parking lots when visible from adjoining residentially zoned land.

   D.   Cemeteries, subject to the following conditions:

      1.   The cemetery shall be located on a site of at least ten acres;

      2.   All access shall be provided from a major or secondary thoroughfare having a right-of-way width of 86 feet or more as indicated on the Master Road Plan;

      3.   Crematoriums and chapels shall be centrally located on the site so as not to create traffic flow or compatibility problems for adjoining property;

      4.   Screening, meeting the requirements for moderate intensity impacts of section 24.01, shall be provided along those sides of a cemetery adjoining residentially zoned property;

      5.   Adequate off-street waiting space shall be provided for funeral processions so that no vehicle stands or waits in a dedicated right-of-way.

   E.   Public, parochial and other private elementary, intermediate and/or high schools offering courses in general education, subject to the following conditions:

      1.   No building shall be closer than 100 feet to any property line when said property line abuts or is adjacent to land zoned for residential purposes. If the abutting property is developed with a nonresidential use, all buildings shall be setback a minimum of 50 feet from the property line abutting that nonresidential use;

      2.   All such facilities shall be located so as to provide convenient access to the city's major thoroughfare system;

      3.   A six foot cyclone fence shall be constructed and maintained to separate any school playground or recreational area from any adjacent properties.

   F.   Public (non-city) owned and/or operated libraries, museums, administrative offices, Police and Fire Department facilities, parks and recreational facilities, subject to the following conditions:

      1.   Screening, meeting the requirements for moderate intensity impacts of section 24.01, shall be provided whenever the site abuts a residentially zoned district;

      2.   All buildings shall be set back a minimum of 100 feet from the property line when abutting residentially zoned districts. If the abutting property is developed with a nonresidential use, all buildings shall be set back a minimum of 50 feet from the property line.

   G.   Recreational facilities furnished by private contractors for a period exceeding seven continuous days at city owned or operated parks and other publicly owned and/or operated parks, subject to the following conditions:

      1.   All buildings and structures 15 feet or less in height and/or active recreation areas shall be set back a minimum of 100 feet from any property line abutting a residentially zoned district. Building and/or structures exceeding 15 feet in height may be permitted, provided the setback is increased one foot for each foot of building or structure height exceeding 15 feet. If the abutting property is developed with a nonresidential use, the setback shall be a minimum of 50 feet;

      2.   All ingress to and egress from the site shall be directly onto a major or secondary throughfare having an existing or planned right-of-way width of at least 86 feet as indicated on the Master Road Plan;

      3.   Devices for the transmission of broadcasting of voices or music shall be so directed or muffled in order to prevent said sound or music from being audible beyond the boundaries of the site;

      4.   All lighting shall be directed away from public streets and abutting uses;

      5.   Screening, meeting the requirements for moderate intensity impacts of section 24.01, shall be provided whenever the site abuts a residentially zoned district;

      6.   Approval of the City Council shall be required for any such facility or use at a public park not owned or operated by the city;

      7.   Improved off-street parking may be required by the Planning Commission;

      8.   The use shall comply with all applicable federal, state and local statutes, rules, regulations and licensing requirements;

      9.   The city may require a written agreement satisfactory to the City Attorney.

   H.   Public riding and boarding stables, subject to the following conditions:

      1.   The site shall contain not less than 20 acres, with a minimum of one acre of land for each five horses;

      2.   All areas of the site where horses or other equine are permitted to roam, exercise or feed shall be enclosed by a fence of not less than four feet and not more than six feet constructed of materials determined to be structurally sound by the Building Official;

      3.   All structures which house, board or show horses, ponies or other equine or store food, hay, straw or manure shall be set back at least 100 feet from all property lines;

      4.   Direct ingress and egress from a public right-of-way to stable area shall be provided;

      5.   All stockpiled manure shall be kept in a central area at least 200 feet from any property line and shall be regularly treated so as to properly control flies and [other] insects.

   I.   Public utilities, gas and oil pipelines and storage fields serving a wider geographic area than the City of Sterling Heights, subject to the following conditions:

      1.   Utility lines and pipelines shall follow section lines or mile roads wherever possible. Bisecting or diagonal cuts through parcels of land shall be permitted only when it is shown to benefit the environment and/or the residents of the city or where there is no other reasonable route;

      2.   Buildings and related uses must be screened and/or landscaped so that they do not adversely affect the surrounding properties or neighborhood;

      3.   It shall be shown in the review that every reasonable precaution has been taken to provide maximum safety and minimum interference to the normal daily living patterns of residents within the vicinity;

      4.   Utility, radio, television and similarly designed freestanding towers, antennas and related structures shall be located and designed to be harmonious with the surrounding area, provided the structure shall be set back (a) from any residential use or proposed or existing right-of-way a distance not less than the height of the tower and (b) from any nonresidential use or district a distance not less than that required to meet the minimum yard requirements for a principal building located on the site as provided in the area, height and bulk requirements of that zoning district. Wireless communication towers, antennas and related facilities shall be further subject to the provisions of section 28.18.

   J.   Private clubs, fraternal organizations and cultural centers, subject to the following conditions:

      1.   All such uses shall have ingress and egress directly onto a major or secondary thoroughfare having an existing or planned right-of-way width of at least 86 feet, as indicated on the Master Road Plan;

      2.   All activities, other than parking of motor vehicles and loading and unloading, shall be conducted within a completely enclosed building, except for outdoor activity specifically approved and/or licensed by the City Council;

      3.   No building shall be closer than 50 feet to any property line;

      4.   Maximum lot coverage of all buildings shall not exceed 30%;

      5.   Screening meeting the requirements for moderate intensity impacts (section 24.01) shall be provided where the site abuts property zoned or developed for single family purposes.

   K.   One family cluster option, subject to the provisions of section 22.01.

   L.   Planned open space subdivisions, subject to the provisions of section 22.02.

   M.   Child or adult foster care facilities, subject to the following requirements:

      1.   These regulations shall not apply to a "state licensed residential facility" providing supervision or care to six or less adults or children for 24 hours a day;

      2.   The site shall have ingress and egress directly onto a major or secondary thoroughfare having an existing or planned right-of-way width of at least 86 feet, as indicated on the Master Road Plan;

      3.   Screening, meeting the requirements for moderate intensity impacts, (section 24.01) shall be provided where off-street parking areas abut property zoned or developed for single family purposes;

      4.   Foster care facilities shall be licensed by the State of Michigan;

      5.   Adequate ingress and egress, parking and circulation shall be provided on the site;

      6.   The facility shall provide adequate outdoor open space and recreational area. As a minimum, these areas shall be at least 1,500 square feet, 300 square feet of which shall be landscaping;

      7.   There shall be a minimum of 150 square feet of usable floor area per occupant of the premises;

      8.   There shall be at least one parking space on site for every two employees and for every two residents capable of driving a car.

   N.   Child or adult day care facilities, subject to the following requirements:

      1.   These regulations shall not apply to a "state licensed residential facility" permitted under Public Act 116 of 1973, as amended, which serves six or less adults or children;

      2.   The site shall have ingress and egress directly onto a major or secondary thoroughfare having an existing or planned right-of-way width of at least 86 feet, as indicated on the Master Road Plan;

      3.   For child care facilities, the site shall contain a minimum of 150 square feet of outdoor play area for each child and shall not have less than 5,000 square feet in total area dedicated to outdoor play area. There shall also be a minimum of 35 square feet of indoor play space per child;

      4.   The Planning Commission shall consider the impact on abutting properties from the proposed facility, including but not limited to outdoor lighting, noise and traffic generated by the use, location of outdoor play areas, loading and unloading and pedestrian circulation;

      5.   Such use shall not abut a one family residential zoning district on more than two sides. Screening meeting the requirements for major intensity impacts, as specified in section 24.01, shall be provided along any side of the site zoned for one family residential purposes, unless the Planning Commission determines as part of its review under section 3.02, subparagraph N4 that alternative screening is more appropriate and harmonious with the adjoining land uses.

   O.   Full and limited assistance housing in the R-60 and R-70 Districts only, subject to the following conditions:

      1.   Any use permitted herein shall be developed on a site with a net developable area of not less than five acres. The net developable area shall include perimeter yards but shall exclude flood plain or wetland areas;

      2.   Such facilities shall be located upon parcels of property which the Planning Commission determines to have characteristics which make them difficult to develop, such as flood plain areas, wetlands, prior contamination or other unusual land characteristics;

      3.   The location of the site shall be upon a street with a right-of-way of at least 86 feet or greater as shown on the Master Road Plan;

      4.   There shall be provided at least 2,500 square feet of lot area for each bed in the primary assisted living facility, or for each person cared for, whichever is greater. Density shall be calculated on the basis of the net developable area;

      5.   No delivery area or employee parking shall be allowed within 100 feet of any land which is zoned or used for single family residential purposes;

      6.   The primary facility may include multi-purpose recreation rooms, kitchens and meeting rooms, libraries, limited medical examination rooms and limited space for ancillary services for the residents of the facility, such as beauty and barber facilities, snack shops and gift stores;

      7.   Front, side and rear yards for the development shall not be less than 50 feet where the yard abuts a street with a right-of-way of 86 feet or greater as shown on the Master Road Plan or where any such yard abuts property zoned or used for single family residential purposes. Where the development abuts a street with a right-of-way of less than 86 feet shown on the Master Road Plan, the minimum yard requirement of section 3.04 shall apply;

      8.   The development may include, in addition to the primary assisted living facility building, free standing single family dwelling units owned by the operator of the facility at a ratio of one such dwelling unit for each four residents that reside in the primary assisted living facility;

      9.   The minimum size of any permitted single family dwelling unit shall be not less than 700 square feet. Two single family dwelling units may be attached to one another, provided they are attached by an approved exterior architectural wall detail or a common interior wall;

      10.   All such single family dwelling units shall be aesthetically compatible in design and appearance with other residences located within 1,000 feet of the proposed dwelling unit. Each unit constructed shall have as a minimum two bedrooms, one full bathroom, a one car attached garage and an adjoining open space for patio or deck;

      11.   The minimum distance between the two free-standing single family dwelling units shall be 15 feet;

      12.   The minimum distance between any single family residential facility and the primary assisted living facility shall be 30 feet;

      13.   Screening meeting the requirements for moderate intensity impact as set forth in section 24.01 shall be provided between the development and any abutting property zoned or used for single family residential purposes;

      14.   The facility shall be licensed and operated in accordance with the applicable laws of the State of Michigan and any other authority having jurisdiction over such use.

(Ord. No. 278-E, §§ 1, 2, 7-3-90; Ord. No. 278-N, §§ 1, 2, 8-1-95; Ord. No. 278-R, § 1, 8-20-96; Ord. No. 278-S, § 1, 2-18-97; Ord. No. 278-T, § 1, 6-3-97; Ord. No. 278-U, §§ 1, 2, 1-6-98; Ord. No. 278-X, § 1, 4-6-99; Ord. No. 278-Y, §§ 1, 2, 5-16-00)

   The following accessory uses may be permitted:

   A.   Accessory buildings, structures and uses customarily incidental to the permitted or special approval land uses of this article and subject to the provisions of section 28.00;

   B.   Private stables on lots or parcels containing at least two acres of land per horse;

   C.   Accessory agricultural sales on parcels of one and one half acres or more, provided that such parcels are located along a major thoroughfare;

   D.   Home occupations, as defined in section 31.01, provided:

      1.   That such use is conducted only by permanent residents of the dwelling;

      2.   That such use is wholly confined within the dwelling (does not include attached or detached garages or other outbuildings);

      3.   That such occupation shall not require internal or external alterations or construction features or equipment or machinery not customary in residential areas;

      4.   That such occupation is incidental to the residential use to the extent that not more than 20% of the floor area of the principal building shall be occupied by such occupation;

      5.   That no sign of any nature is displayed;

      6.   That such use does not generate traffic or a need for parking beyond that required for the dwelling unit, nor shall such use create any external effect not normally associated with a single family use;

   E.   Amusement devices as specified in section 28.01;

   F.   Minor automobile repair, but excluding major automotive repairs, including bumping and/or painting and any repairs on vehicles not owned by persons living in the residence;

   G.   Swimming pools, provided that they do not exceed more than 60% of the width of the lot and do not exceed a maximum of 42 feet in length, including all attached raised decks.

   H.    Accessory banquet or event uses, provided that such uses are conducted in accordance with all applicable provisions of the City Code. The City Planner may require the installation of additional landscaping, screening, or other devices or materials designed to contain noise, light, and or other impacts that are anticipated to extend beyond the property line of the site and/or to provide separation from abutting parking and maneuvering areas.

(Ord. No. 278-U, § 3, 1-6-98; Ord. No. 278-QQ, § 1, 2-16-10; Ord. No. 278-BBB, § 1, 7-18-17)

   A.   In the one family residential districts, the following area, height, bulk, density and placement shall apply:

 

   With the approval of the Planning Department, where the size and the shape of the parcel or the proposed curvilinear road pattern requires greater flexibility in subdivision design, a platted subdivision (except a subdivision developed under the Planned Subdivision Option) may be permitted to contain not more than 15% of all lots with less than the minimum required 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 the R-60, R-70, R-80, R-90 and R-100 districts be decreased by more than ten feet from the standard noted in section 3.04 above.

 

 

      6.   Minimum yard setback (in feet):

         a.   Front and street-side setbacks shall be measured from the centerline of each road right-of way (R.O.W.) in accordance with the city's Master Road Plan, as follows:

 

      9.   Parking for uses other than one family dwellings shall be located at least 35 feet from any property line.

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

   **   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.

   If the existing right-of-way is greater than that shown on the Master Road Plan, the front yard setback (or street-side setback) as measured from the centerline of the right-of-way shall be equal to one-half of the actual right-of-way of the street plus 40 feet for major and regional roads and one-half of the actual right-of-way plus 30 feet for all other roads.

      10.   The City Planner may modify the parking setbacks requirements where uses of a nonresidential type (churches, schools, public facilities, etc.) abut one another, provided that in no instance shall the Planner reduce the parking setback to less than ten feet.

      11.   The required rear yard may be reduced by five feet in R-100 and R-90 districts where the rear lot abuts a private open space area of not less than 20 feet in depth which is part of the development. This provision shall also apply to the planned plat subdivisions for which tentative preliminary plan approval was granted by the City Council prior to the effective date of this amendment.

      12.   For any new construction of a driveway on a single family residential site or driveway approach adjacent to a single family residential site, the concrete driveway shall be installed in accordance with the requirements of Chapter 48 of the City Code, and the requirements of the Zoning Ordinance, including flares as required by the Engineering Standards of the Office of Engineering.

      13.   On single family residential sites with sufficient front yard width and depth to accommodate installation of a hard-surface horseshoe driveway without exceeding the maximum front yard impervious material and hard surface pervious material coverage of 45% (including any existing or proposed paved driveways in the front yard), one horseshoe driveway not exceeding these impervious and hard surface pervious material coverage limitations (including permitted driveway extension strips) constructed of poured concrete, alternative paving material, or hard surface pervious material may be installed.

      14.   Except as otherwise provided in this subparagraph, the maximum front yard impervious and hard surface pervious material coverage allowed upon a single family residential site is 45%. For the purpose of this section, the 45% maximum front yard impervious material and hard surface pervious material limitation also applies to any paved parking areas located in the front yard of a residential site are designed and utilized for vehicle maneuvering and parking.

         a.    The maximum front yard impervious and hard surface pervious material coverage allowed on a corner lot, site or parcel shall be limited to 45% of the front yard that contains the driveway leading directly from the street to (i) the front overhead door of the garage located or proposed to be located upon the site, or (ii) if there is no garage located upon the site, or proposed to be constructed, then to the front building line. The maximum front yard impervious material and hard surface pervious material coverage permitted on a corner lot, parcel, or site shall not be increased because the corner lot, parcel, or site contains two front yards under the Zoning Ordinance.

         b.   On single family residential sites located on a road or street with a right-of-way width of 86 feet or greater, one paved turn-around pad constructed of approved paving materials not exceeding 200 square feet of impervious material or hard surface pervious material for maneuvering of vehicles shall be permitted in excess of the 45% maximum front yard impervious material or hard surface pervious material coverage limitation in order to facilitate vehicle movement, entry and exit to and from a single family residential site on such a collector or major road or street. Parking of vehicles shall be permitted on a turn-around pad. The maximum front yard impervious material or hard surface pervious material coverage limitation is calculated with respect to the area of the front yard that contains the driveway leading directly from the street to (i) the front overhead door of the garage located or proposed to be located upon the site, or (ii) if there is no garage located or proposed to be constructed upon the site, then to the front building line. This limitation applies only to the front yard area (between the front lot line and the building line), and not to (i) the right-of-way area between the front lot line and the street, or (ii) any area behind the front building line.

         c.   Any request for a variance to these requirements under the Zoning Ordinance or any appeal from a determination made under the Zoning Ordinance shall be made to the Zoning Board of Appeals.

(Ord. No. 278-A, §§ 1-3, 4-17-90; Ord. No. 278-F, § 3, 7-3-90; Ord. No. 278-N, §§ 3-6; Ord. No. 278-R, § 2, 8-20-96; Ord. No. 278-CC, § 1, 6-3-03; Ord. No. 278-JJ, §§ 1, 2, 3-4-08; Ord. No. 278-HHH, §§ 2-4, 9-5-23)