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Tecumseh City Zoning Code

ARTICLE IX

RESIDENTIAL DISTRICTS

Sec. 48-435.- Purpose.

The regulations for the residential zoning districts are designed to:

(1)

Protect the residential character of areas so designed from the noise, congestion and heavy traffic of commercial and industrial activities; and

(2)

Encourage a suitable environment for family life by providing for openness of living areas and permitting appropriate neighborhood facilities and compatible community facilities.

(Code 1990, § 12-271; Code 2010, § 12-271; Code 2013, § 48-435)

Sec. 48-436. - R-1 Single-Family Residential Districts.

The R-1 districts are designed to provide quiet, low density areas for single-family living with related recreational, religious and educational facilities protected from all commercial and industrial activity.

(Code 1990, § 12-272; Code 2010, § 12-272; Code 2013, § 48-436)

Sec. 48-437. - R-2 Combined Residential Districts.

The R-2 districts encourage similar basic restrictions of the R-1 districts and permit a quiet, slightly higher population density area for family living protected from all commercial and industrial activity.

(Code 1990, § 12-273; Code 2010, § 12-273; Code 2013, § 48-437)

Sec. 48-438. - R-3 Multifamily Residential Districts.

The R-3 districts provide medium and high population density zone areas, containing a mixture of duplex, townhouse and multifamily dwellings along with limited home occupations and limited private and public community uses where lots are large enough for family living, but small enough to afford low development costs, economy of streets and utilities, and proximity to schools, churches and shopping.

(Code 1990, § 12-274; Code 2010, § 12-274; Code 2013, § 48-438)

Sec. 48-439. - Uses permitted.

The permitted uses in the residential districts are set forth in the table below. Where the letter "X" appears on the line of a permitted use and in the column of a district, the listed use is permitted in that district, subject to the general provisions of this chapter. Where the letter "P" appears instead of the letter "X," this use is permitted subject to acquiring a conditional use permit.

Permitted UseZoning District
R-1 R-2 R-3
Adult day care facility (for developmentally disabled adults between 18 and 59 years of age, not for 24-hour care) P P P
Apartment house X
Apartment hotel X
Arboretum or botanical garden P P X
Boardinghouse or roominghouse X
Cemetery; crematory; columbarium; mausoleum P P P
Child care institution, other than day nursery P
Church, synagogue or temple, including Sunday school facilities P P X
Civil defense and related activities facility P P P
College, junior college, not including trade school P P X
Community center, public P P X
Convalescent, maternity or nursing home P P
Dormitories X
Electric regulation substation P P P
Fire protection and related activities facility P P P
Fraternity or sorority house X
Gas pressure control station P P P
Geriatric day care (for persons who due to age are unable to remain at their own home, excluding 24-hour care) P P P
Golf course, excluding miniature golf and commercial driving range P P P
Greenhouse, no products sold on premises X X X
Historic marker X X X
Home occupation, complying with home occupation provisions X X X
Hospital, general P
Hospital restricted to mental, narcotics or alcoholic patients; sanatorium P
Library, private, nonprofit and public P P P
Mobile home parks P
Multiple-family dwelling X
Museum or art gallery P P P
Nursery school or day nursery P P P
Nursery (trees and shrubs), no products sold on premises P P P
Nursery (trees and shrubs), sale of products on premises P
Parish house, parsonage or rectory X X X
Park, playground or tot lot, public X X X
Petroleum pipeline or pressure control station P P P
Police protection and related activities facility P P P
Postal services facility P P P
Public off-street parking lot P P X
Radio transmitting station or tower other than amateur P P P
Residential care facility (a 24-hour care facility for persons who do not require continuing licensed medical care) P P P
Roominghouse or boardinghouse X
School, elementary (public or equivalent private) X X X
School, secondary (public or equivalent private) X X X
Sewage pressure control station P P P
Single-family detached dwelling X X X
Swimming pool, public P P P
Telephone exchange station, relay tower P P P
Television transmitting station or relay tower P P P
Tennis courts, public P P X
Townhouse X
Truck gardens, no products sold on premises X X X
Two-family dwelling X X
Utility rights-of-way X X X
Water treatment plant, storage facility or pressure control station P P P
Zoological garden, public P P X

 

(Code 1990, §§ 12-275, 12-276; Code 2010, §§ 12-275, 12-276; Code 2013, § 48-439)

Sec. 48-440. - Lot, yard and height regulations.

No lot or yard shall be established or reduced in dimension or area in any residential district that does not meet the minimum requirements set forth in the following sections. No building or structure shall be erected or enlarged that will cause maximum lot coverage or maximum height regulations to be exceeded for such district as set forth in the following sections.

(Code 1990, § 12-277; Code 2010, § 12-277; Code 2013, § 48-440)

Sec. 48-441. - Area and height regulations for R-1 Single-Family Districts.

(a)

The following area and height regulations for R-1 Single-Family Districts apply:

Minimum Lot AreaMinimum Lot FrontageMaximum % CoverageMaximum HeightMinimum Front Yard SetbackMinimum Side Yard SetbackMinimum Rear Yard Setback
9,000 square feet 70 feet 30% 35 feet 25 feet 5 feet interior lots
10 feet street side of corner lots
20% depth of lot

 

(b)

All lots and improvements within the R-1 district shall meet the following requirements:

(1)

All lots shall have not less than 9,000 square feet of lot area, and not more than one principal building shall be placed on any one lot, except that not less than 12,000 square feet shall be required for uses other than single-family residences;

(2)

Each lot shall have a frontage of not less than 70 feet. The frontage of any wedge-shaped lot which meets the requirements of minimum lot size may be a minimum of 35 feet; provided the front building line on the lot shall be a minimum of 70 linear feet measured at an equal distance parallel to and from the front lot line;

(3)

Not more than 30 percent of the lot area shall be covered with improvements. Paved areas are not considered improvements within the meaning of this subsection;

(4)

No improvement or structure shall exceed 35 feet in height above the mean elevation of the lot;

(5)

All structures shall have not less than a 25-foot front yard setback;

(6)

For a single-family dwelling of one story, the minimum width of the side yard shall be five feet for interior lot lines and ten feet for the side yard abutting the side street on a corner lot. For buildings of more than one story, the minimum width of the side yard on interior lot lines shall be not less than ten feet. For a principal building other than a single-family dwelling, the minimum width of the side yard shall be not less than the height of the building, but in no case less than 15 feet; and

(7)

A rear yard of 20 percent of the depth of the lot shall be provided for the principal building. Unattached buildings of accessory use may be located in the rear yard of a main building; provided, however, that no accessory building shall be located closer than ten feet to the rear lot line.

(Code 1990, § 12-278; Code 2010, § 12-278; Code 2013, § 48-441)

Sec. 48-442. - Area and height regulations for R-2 Combined Residential Districts.

(a)

The following area and height regulations for R-2 Combined Residential Districts apply:

Minimum Lot AreaMinimum Lot FrontageMaximum % CoverageMaximum HeightMinimum Front Yard SetbackMinimum Side Yard SetbackMinimum Rear Yard Setback
6,000 square feet for single-family dwellings
10,000 square feet for 2-family dwellings
50 feet for single-family dwellings
80 feet for 2-family dwellings
35% 35 feet 25 feet interior 5 feet 20% depth of lot
10 feet street side of corner lots

 

(b)

All lots and improvements within the R-2 Combined Residential District shall meet the following requirements:

(1)

All lots shall have not less than 6,000 square feet for single-family dwellings and not less than 10,000 square feet for two-family dwellings and other uses, and not more than one principal building shall be placed on any one lot except as otherwise specified;

(2)

Each lot shall have a frontage of not less than 50 feet for single-family dwellings and 80 feet for two-family dwellings and all other uses. The frontage of any wedge-shaped lot may be a minimum of 35 feet provided the width of the lot at the front building line on the lot shall be not less than that specified above;

(3)

Not more than 35 percent of the lot area shall be covered with improvements. Paved areas are not considered improvements within the meaning of this subsection;

(4)

No improvement or structure shall exceed 35 feet in height above the mean elevation of the lot within the approval of the board of adjustment;

(5)

All structure shall have not less than a 25-foot front yard setback;

(6)

For a single- or two-family dwelling of one story, the minimum width of the side yard shall be five feet for interior lot lines and ten feet for the side yard abutting the side street on a corner lot. For buildings of more than one story, the minimum width of the side yard on interior lot lines shall be not less than ten feet. For a principal building other than a single or two-family dwelling, the minimum width of the side yard shall be not less than the height of the building, but in no case less than 15 feet; and

(7)

A rear yard of 20 percent of the depth of the lot shall be provided for the principal building. Unattached buildings of accessory use may be located in the rear yard of a main building; provided, however, that no accessory building shall be located closer than ten feet to the rear lot line.

(Code 1990, § 12-279; Code 2010, § 12-279; Code 2013, § 48-442; Ord. No. 581, 11-4-1996)

Sec. 48-443. - Area and height regulations for R-3 Multifamily District.

(a)

The following area and height regulations for R-3 Multifamily District apply:

Minimum Lot AreaMinimum Lot FrontageMaximum % CoverageMaximum HeightMinimum Front Yard SetbackMinimum Side Yard SetbackMinimum Rear Yard Setback
Duplex:
10,000 square feet 60 feet 35% 35 feet 25 feet 5 feet 20%
Multifamily:
10,000 square feet, plus 2,000 square feet for each unit over 2 100 feet 50% 35 feet 15 feet minimum 1 foot/1 15 feet minimum 1 foot/1 15 feet 20%

 

(b)

All lots and improvements within the R-3 Multifamily Residential District shall meet the following requirements:

(1)

All lots shall have an area of not less than 10,000 square feet for a two-family dwelling, or 10,000 square feet plus 2,000 square feet for each dwelling unit over two for multifamily dwellings. For uses other than dwelling purposes, the lot area shall not be less than 10,000 square feet except as otherwise specified;

(2)

Each lot shall have a frontage of not less than 60 feet for two-family dwellings, and 100 feet for multifamily dwelling and all other uses. The frontage of any wedge-shaped lot may be a minimum of 35 feet provided the width of the lot at the front building line shall be not less than that specified above;

(3)

Not more than 50 percent of the lot area shall be covered with improvements, except that a duplex shall not exceed 35 percent coverage. Paved areas are not considered improvements within the meaning of this subsection;

(4)

No improvement or structure shall exceed 35 feet in height above the mean elevation of the lot;

(5)

A minimum front yard setback of 25 feet shall be provided on all duplex dwellings. One foot of setback for each one foot of height shall be provided for all uses other than single-family and duplex, but not less than 15-foot front yard shall be provided;

(6)

For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet. One foot of setback for each one foot of height for all uses other than duplex shall be provided; and

(7)

A rear yard of 20 percent of the depth of the lot shall be provided for the principal building. Unattached buildings of accessory use may be located in the rear yard of a main building; provided, however, that no accessory building shall be located closer than ten feet to the rear lot line.

(Code 1990, § 12-280; Code 2010, § 12-280; Code 2013, § 48-443)

Sec. 48-444. - Accessory uses.

Accessory uses that are incidental to permitted uses in the residential districts are not detrimental to the adjacent property or character of the zone, including guesthouses, employee's quarters, private garages, barns and sheds, are permitted subject to the area and height regulations above. Accessory uses may include the following accessory signs, subject to provisions of section 48-445: bulletin boards, identification signs, nameplates, real estate signs and subdivision signs.

(Code 1990, § 12-281; Code 2010, § 12-281; Code 2013, § 48-444)

Sec. 48-445. - Signs and billboards.

No signs, billboards, posters, bulletin boards, or other similar displays shall be permitted in the residential district except as follows:

(1)

Official public notices may be erected on affected property;

(2)

One non-illuminated nameplate not exceeding two square feet in area and not containing lettering other than the name of the owner or occupants or name or address of the premises may be erected on any single or two-family residential structures;

(3)

In an R-1, R-2, or R-3 district, a temporary bulletin board or sign not exceeding eight square feet in area, pertaining to the lease, hire or sale of a building or premises may be temporarily erected on any lot, which board or sign shall be removed as soon as the premises are leased, hired or sold, provided, however, that a temporary project sign not exceeding 160 square feet in area, pertaining to the lease or sale of lots or improvements within a subdivision may be temporarily erected within the subdivision upon a conditional use permit, which sign shall be removed as soon as 85 percent of the lots within the subdivision have been sold;

(4)

In any R-1 and R-2 district, one bulletin board may be erected on each street frontage of an educational, religious, institutional or similar use requiring announcement of its activities. The bulletin board shall not exceed 12 square feet in surface area nor 15 feet in height, and illumination, if any, shall be by constant light provided, however, up to 50 square feet may be permitted as a conditional use under the provisions of this chapter; and

(5)

In an R-3 district, one non-illuminated nameplate not exceeding 24 square feet in area, identifying the name and use of the premises may be erected on any structure other than a single- or two-family structure or an accessory building to such a structure.

(Code 1990, § 12-282; Code 2010, § 12-282; Code 2013, § 48-445)

Sec. 48-446. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Townhouse means one of a series of two or more attached dwelling units, separated from one another by continuous, vertical party walls without openings from basement floor to the roof deck and tight against same or through the roof and which are intended to have ownership transferred in conjunction with a platted lot.

(Code 1990, § 12-283; Code 2010, § 12-283; Code 2013, § 48-446; Ord. No. 672, 6-7-2004)

Sec. 48-447. - R-4 Townhouse Dwelling District.

The R-4 Townhouse Dwelling District is designed to provide areas for single-family attached units on individually platted lots, at a medium population density in addition to traditional single, duplex, and multifamily dwellings.

(Code 1990, § 12-284; Code 2010, § 12-284; Code 2013, § 48-447; Ord. No. 673, 6-7-2004)

Sec. 48-448. - R-4 Townhouse Permitted Uses.

The following uses are permitted in the R-4 district:

(1)

Any use permitted in the R-3 and R-2 districts; and

(2)

A townhouse development.

(Code 1990, § 12-285; Code 2010, § 12-285; Code 2013, § 48-448; Ord. No. 673, 6-7-2004)

Sec. 48-449. - R-4 Accessory Uses.

Accessory buildings and uses customarily incidental to the general uses are permitted.

(Code 1990, § 12-286; Code 2010, § 12-286; Code 2013, § 48-449; Ord. No. 675, 6-7-2004)

Sec. 48-450. - R-4 Conditional Uses.

The conditional uses permitted for the R-3 district shall be permitted if authorized by obtaining a conditional use permit or if the planning commission has approved the site plan.

(Code 1990, § 12-287; Code 2010, § 12-287; Code 2013, § 48-450; Ord. No. 675, 6-7-2004)

Sec. 48-451. - Area and height regulations for R-4 Townhouse Dwelling District.

The area and height regulations in the R-4 district for single-family, duplex, and multifamily dwellings shall be the same as those in the R-3 district. Area and height regulations for townhouse developments are:

(1)

Front yard: Minimum depth of front yard is 25 feet.

(2)

Side yard:

a.

No side yard is required for interior lots;

b.

No side yard is required for interior sides of end lots;

c.

Minimum side yard on street side of corner lots is 15 feet; and

d.

Minimum side yard for side of end lots abutting other property not contained in townhouse development is ten feet.

(3)

Rear yard:

a.

Minimum rear yard backing on a street is 25 feet;

b.

Minimum rear yard not backing on a street is 15 feet.

(4)

Lot width:

a.

Minimum lot width at building line for interior lots is 17 feet;

b.

Minimum lot width at building line for corner lots is 32 feet.

(5)

Intensity of use:

a.

Minimum land area for townhouse development is 4,000 square feet;

b.

Minimum lot area for an individual townhouse lot is 2,000 square feet;

c.

The total ground floor area for a townhouse development shall not exceed 50 percent of the land area of the townhouse development, excluding accessory buildings; and

d.

The ground floor area for an individual lot shall not exceed 60 percent of the lot area.

(6)

Accessory buildings, not including garages, shall not cover more than 20 percent of the rear yard.

(7)

Open space: In each townhouse development of four or more, there shall be commonly owned and maintained open space in the amount of at least 350 square feet per dwelling unit. Each common open space which is provided to meet this requirement shall be at least 3,500 square feet in area and shall have at least one dimension of not less than 60 feet.

(8)

No building shall exceed 25 feet in height.

(Code 1990, § 12-288; Code 2010, § 12-288; Code 2013, § 48-451; Ord. No. 674, 6-7-2001)