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Vienna Charter Township
City Zoning Code

ARTICLE 4

- RSA AND RU-1 ONE FAMILY RESIDENTIAL DISTRICTS

Sec. 400.- Purpose.

The RSA and RU-1 one-family residential districts are designed to be the most restrictive of the residential districts. The purpose is to provide for an environment of predominantly low-density single unit dwellings along with other residentially related facilities that serve the residents in the district.

(Ord. of 3-21-2005, § 400)

Sec. 405. - Principal uses permitted.

In a one-family residential district (RSA and RU-1), 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 ordinance:

1.

One-family detached dwellings, site built;

2.

Agricultural uses including the growing of crops, vegetables or fruit shall be permitted on those parcels of land separately owned outside the boundaries of either a proprietary or supervisor's plat and having area of not less than ten acres;

3.

Municipal buildings and publicly owned and operated libraries, parks, parkways and recreational facilities; subject to the conditions of section 415;

4.

Cemeteries; subject to the conditions of section 415;

5.

Temporary buildings and uses for construction purposes for a period not to exceed one year; or

6.

Accessory structures and uses customarily incident to any of the above uses.

(Ord. of 3-21-2005, § 405)

Sec. 410. - Accessory uses permitted subject to special conditions.

The following accessory uses shall be permitted in RSA and RU-1 districts, subject to the conditions hereinafter imposed for each use:

1.

Private swimming pools shall be permitted as an accessory use within the rear yard or within a side yard, provided that if the pool is located within a side yard, the outside of the pool wall shall not be located fewer than 35 feet from any side lot line; if the pool is located in the rear yard on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, the outside of the pool wall shall not project beyond the front yard setback required on the lot in the rear of such corner lot.

2.

In a one-family residential condominium development which is not a site condominium, private swimming pools may be permitted to the rear of a building or to the side of a building, provided that it is not located within 25 feet of a private road or street or within 25 feet of any wall of a separate building if that wall contains windows or doors.

3.

Home occupations, including uses involving the use of business mailing addresses and business telephone numbers in residences, shall be permitted subject to the following conditions:

a.

All home occupations shall be conducted so as not to be noticeable from the exterior of the dwelling.

b.

No sign accessory to the home occupation shall be permitted.

c.

Traffic and delivery of goods created by the home occupations shall not exceed that normally created by residential uses.

d.

The home occupation shall not service more than one client or customer at a time on the premises.

e.

No employees, other than residents of the dwelling unit, shall be employed at or be otherwise located on the premises, and no vehicles owned or operated by employees other than said residents shall be parked on or near the premises.

f.

The total floor area of the residence used for the home occupation, including storage of materials, supplies, etc., shall not exceed 15 percent of the floor area of the individual dwelling unit.

g.

There shall be no outside storage of any kind related to the home occupation.

h.

Accessory buildings shall not be used to conduct the home occupation except for storage.

4.

Home occupations, not meeting the above criteria, may be permitted as a special land use when such use is not in conflict with the overall residential character of the area, and subject to any conditions the planning commission may impose. Noncompliance with the above criteria or requirements imposed by the planning commission shall constitute immediate suspension of the home occupation and shall furthermore be subject to section 2210(1).

5.

State-licensed family day care homes, subject to the following conditions:

a.

The licensee shall occupy the dwelling as a residence.

b.

The licensee shall register with the township clerk and the licensed premises shall be subject to a fire department inspection and shall provide a smoke detector in all daytime sleeping areas.

c.

The hours of operation shall be limited to the period between 6:00 a.m. and 7:00 p.m.

d.

No sign accessory to the day care shall be permitted.

6.

State-licensed group day care homes, subject to the following conditions:

a.

The conditions of paragraph 5 above, applicable to family day care homes.

b.

All access to the site shall be in accordance with section 2020.3 and driveways shall be designed so that vehicles can exit the site without having to be backed onto a major or secondary thoroughfare or collector road.

7.

State-licensed adult foster care family home for fewer than seven persons.

8.

Farm recreation animals with nonfarm residence. For persons not engaged in the commercial breeding and raising of animals as herein further provided and residing in a nonfarm residence having a lot of record which may be less than ten acres in area:

a.

The minimum size of a parcel of land on which recreation animals may be kept shall be three acres. Any parcel of land ten or more acres in area is exempted from the provision of this subsection and for all intents and purposes relative to the keeping of recreation animals shall be considered a farm even though farming activities within the meaning of the definition are not taking place.

b.

Three horses, mules, donkeys, goats or sheep or a combination of any of the above or a combination of other domesticated animals when raised and kept as a pet or for recreation purposes shall be permitted to occupy that portion of the land stipulated in an approved site development plan and subject further to state and local health regulations.

c.

Outbuildings or exercise area for recreation animals shall not be located within 100 feet of any existing nonfarm residence or residential district.

d.

One additional animal as described above may be kept for each additional one acre of land over the minimum herein prescribed.

(Ord. of 3-21-2005, § 410)

Sec. 415. - Principal uses permitted subject to conditions.

The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and to the conditions of section 420:

1.

Public, parochial and other private elementary, intermediate schools and/or high schools offering courses in general education, not operated for profit;

2.

Manufactured one-family detached dwelling units:

a.

Manufactured one-family detached dwellings in all residential districts shall be subject to the following standards:

(1)

Such dwelling units shall conform to all current building code and all other applicable township codes and ordinances.

(2)

Such dwelling shall be permanently attached to a perimeter foundation. In instances where the applicant elects to set the dwelling on piers or other acceptable foundations that are not at the perimeter of the dwelling, a perimeter wall shall also be constructed. Any such perimeter wall shall be constructed of durable materials and shall also meet all local requirements with respect to materials, construction and necessary foundations below the frost line. Any such wall shall also provide an appearance that is compatible with the dwelling and with site-built homes in the area.

(3)

Such dwellings shall provide a minimum width and depth of at least 22 feet over 80 percent of any such width or depth.

(4)

Such dwellings shall have an overhang or eave as required by the building code of residential dwellings or similar to the site-built dwelling units on adjacent properties or in the surrounding residential neighborhood in the R district.

(5)

Such dwelling units shall be provided with exterior finish materials similar to the site built dwelling units on adjacent properties or in the surrounding residential neighborhood in the one-family residential district.

(6)

Such dwelling units shall be provided with roof designs and roofing material similar to the site built dwelling units on adjacent properties or in the one-family residential district.

(7)

Such dwellings shall have an exterior building wall configuration which represents an average width-to-depth or depth-to-width ratio which does not exceed four to one, or is in reasonable conformity with the configuration of site-built dwelling units on adjacent properties or in the surrounding residential neighborhood in the RSA an RU-1 districts.

(8)

All portions of any hitches or other transporting devices which extend beyond the vertical plane formed by the outer sidewalls of the dwelling shall be removed to a point where they will be totally obscured by a perimeter foundation or finished exterior wall.

b.

Proposals for manufactured one-family detached dwelling units shall follow the procedures set forth below:

(1)

Application to permit manufactured one-family detached dwelling units shall be submitted to the building inspector who may require the applicant to furnish such plans, photographs, elevations and similar documentation as deemed necessary to permit a complete review and evaluation of the proposal.

(2)

In reviewing any such proposed dwelling unit with respect to items 2a.(5) through 2a.(8) above, architectural variation shall not be discouraged but reasonable compatibility with the character of residential dwelling units shall be provided, thereby protecting the economic welfare and property value of surrounding residential areas and of the township at large.

(3)

Should the building inspector find that any such dwelling unit does not conform with all of the above conditions and standards, the proposal shall be denied. The applicant may appeal the building inspector decision by requesting approval of a special land use by the planning commission.

(Ord. of 3-21-2005, § 415)

Sec. 420. - Required conditions.

Uses permitted in section 415, except for manufactured one-family detached dwelling units, shall be subject to the following conditions:

1.

Access to the site shall be in accordance with section 2020.3.

2.

Buildings shall have the minimum setback required for each use or as required by the formula contained in section 1805 footnote (e), whichever is the greater.

3.

The use shall be subject to the review and approval of the site plan by the planning commission pursuant to section 2810, site plan review.

(Ord. of 3-21-2005, § 420)

Sec. 425. - Principal uses permitted subject to special approval.

The following uses may be permitted by the planning commission, pursuant to article 22 special land uses:

1.

Churches and other facilities normally incidental thereto;

2.

Public utility buildings, telephone exchange buildings, electric transformer stations and substations, and gas regulator stations;

3.

Private noncommercial recreational areas, institutional or community recreation centers, a nonprofit swimming pool clubs;

4.

Golf courses, not including driving ranges or miniature golf courses, which may or may not be operated for profit;

5.

Colleges, universities and other such institutions of higher learning, public and private, offering courses in general, technical, or religious education and not operated for profit;

6.

Hospitals, provided that the following conditions are met;

7.

Convalescent and/or nursing homes;

8.

State licensed adult foster care group home for seven to 20 adults;

9.

Greenhouses and truck gardens;

10.

Funeral homes; and

11.

Bed and breakfast.

(Ord. of 3-21-2005, § 425)

Sec. 425. - Required conditions.

Uses permitted in section 425 shall be subject to the following conditions:

1.

All access to the site shall be in accordance with section 2020.3.

2.

Buildings shall have a minimum setback required for each use or as required by the formula contained in section 1805, footnote (e), whichever is the greater.

(Ord. of 3-21-2005, § 425)

Sec. 435. - Area, height, bulk, density and placement regulations.

Area, height, bulk, density and placement requirements, unless otherwise specified, shall be as provided in article 18, schedule of regulations.

(Ord. of 3-21-2005, § 435)

Sec. 440. - Residential development options.

See section 1810 subdivision open space plan, section 1815 one-family cluster option and article 23, planned unit development.

(Ord. of 3-21-2005, § 440)