In all R-1-A Districts, no building or land, except as otherwise provided in this Ordinance, shall be erected or used except for one (1) or more of the following specified uses:

(a)

One-family dwellings.

(b)

Farms on those parcels of land separately owned outside the boundaries of proprietary or supervisor's plats, having an area of not less than three (3) acres, all subject to City and County health and sanitation ordinances.

(c)

Churches, synagogues, mosques, public schools, public libraries, private educational institutions, funeral homes, community buildings, country clubs, fraternal lodges, or similar civic or social clubs, (but not a residential club, or a club operated as a commercial enterprise), upon approval by the Planning Commission pursuant to section 5.11.

(d)

Municipal owned and operated parks and playgrounds upon approval by the Planning Commission.

(e)

Reserved.

(f)

Publicly owned buildings, transformer stations and substations without service yards, upon approval of the Planning Commission and upon a finding that the proposed use is in harmony with the structures in the area, not injurious to the surrounding neighborhood and in accord with the spirit and purpose of this Ordinance.

(g)

Temporary buildings for uses incidental to construction work which buildings shall be removed upon completion or abandonment of the construction work.

(h)

The use of a parcel, lot or lots for the carrying on of gardening activities or the production or agricultural products through the direct tilling of the soil together with facilities for the sale of products thus produced thereon shall be permitted, provided that said facilities for the sale of such products shall be located on the premises not nearer than thirty (30) feet from the front lot line.

(i)

Accessory buildings or uses customarily incident to any of the above permitted uses, when located on the same or an adjoining lot and which do not involve any business, profession, trade or occupation. One (1) private garage for each residential lot in which there is housed not more than three (3) vehicles, not more than one (1) of which may be commercial vehicle, shall be considered a legal accessory use, provided, however, any such commercial vehicle shall not exceed one (1) ton capacity, and shall be kept housed within a garage when not in use; and provided, further, that no moving vans shall be housed in private garages. All garages and/or accessory buildings shall not contain more than seven hundred (700) square feet of floor area.

(j)

The storage or parking of recreational units as allowed pursuant to Article V-A, Recreational Vehicles.

(k)

One (1) estate sale per dwelling of the personal property located thereon in a residential district may be conducted per calendar year, provided that a license is obtained from the City Clerk pursuant to Chapter 18 of the Code of Ordinances. All estate sales shall comply with the following regulations:

1)

The sale shall be conducted between the hours of 9 a.m. and 9 p.m. only.

2)

The items offered for sale shall not be displayed or located outside the dwelling and/or garage located thereon.

3)

The estate sale is limited to four (4) specified days per calendar year as listed on the estate sale license.

(l)

The storage or parking of recreational units as allowed pursuant to Article V-A, Recreational Vehicles.

(m)

Growing, storing, or cultivating marihuana or processing or manufacturing marihuana into a usable form, except that such uses may be permitted if all of the following conditions are satisfied:

(1)

The use, storage, cultivation, growth, manufacturing or processing of the medical marihuana is in compliance with the Michigan Medical Marihuana Act, MCL 333.264231 et seq., as amended, including but not limited to the requirements stated in Section 4, MCL 333.26424, as amended, and in accordance with all applicable ordinances and regulations, including the Fire Protection Code and Article VI of Chapter 22 of the Code of Ordinances;

(2)

The dwelling is registered with the department of buildings and safety engineering and has passed an administrative safety inspection for electrical, heating, plumbing, storage, and disposal of materials or water used in connection with the marihuana;

(3)

The dwelling has a filtration for its ventilation system or unit to prevent the emission of odors upon neighboring properties, and which has been inspected by and meets with the satisfaction of the Department of Buildings and Safety Engineering;

(4)

No more than one (1) person may grow, cultivate, manufacture, store or process marihuana in each dwelling structure;

(5)

The growth, cultivation, manufacture, or storage of medical marihuana occurs solely at the property under exclusive control, through written lease, contract or deed in favor a qualifying patient who occupies the property as his or her principal residence;

(6)

The legal owner or property manager of the residential dwelling authorizes the use, storage, cultivation, growth, or processing of the marihuana;

(7)

No more than one (1) person per residential dwelling may cultivate, grow, manufacture or process marihuana on the premises who otherwise meets the standards in this section.

(8)

The uses permitted in this subsection (m) are allowed only in the residential districts classified as R-1-A, R-1-B, R-1-C, R-1-P, R-2 and R-3, unless expressly permitted elsewhere in this Code.

(9)

No use, storage, growth, cultivation or processing of marihuana is permitted in Downtown Center District as described in Appendix A of the Code of Zoning Ordinances, Section 21-B.

(Ord. No. 30-141, § 1, 9-8-64; Ord. No. 30-277, § 1, 5-14-68; Ord. No. 30-810, § 2, 6-29-92; Ord. No. 30-860, §§ 4, 5, 3-26-96; Ord. No. 30-871, § 1, 11-12-96; Ord. No. 30-875, § 2, 3-11-97; Ord. No. 30-876, §§ 4, 5, 3-11-97; Ord. No. 30-859, § 2, 3-26-96; Ord. No. 30-1020, § 4, 4-12-16)

Editor's note— Ord. No. 30-875, § 2, adopted March 11, 1997, amended § 5.01 with the addition of subsection (n). At the direction of the city this subsection has been redesignated as (k) in order to preserve the sequential lettering of the subsections.

No building hereafter erected or altered in R-1-A Districts shall exceed thirty-five (35) feet in height or two (2) stories, except as provided in Article XIX of this Ordinance.

In R-1-A Districts each one (1) family dwelling, together with its accessory buildings hereafter erected shall provide a lot area of not less than ten thousand nine hundred eighty (10,980) square feet, and shall have a lot width of not less than ninety (90) feet. Provided, however, that this requirement shall not apply to any lot which at the time of this Ordinance becomes effective is narrower at the building line, or less in area than the specifications herein provided, if such lot was of record at the time of the adoption of this Ordinance, or if such lot is in a proposed subdivision which has received the approval of the City Council as to lot and street layout at the time of adoption of this Ordinance.

Where lots are to be created having widths in excess of the minimum required in R-1-A Districts, the following standards shall be permitted, provided that no lots shall have less than one hundred (100) feet in depth.

One-family dwellings, together with accessory buildings, hereafter erected on any lot in R-1-A Districts, shall not cover more than thirty (30) percent of the area of such lot.

Each lot in R-1-A Districts shall have a front yard of not less than thirty (30) feet, provided, however, that where a front yard of greater or lesser depth than above specified exists in front of dwellings on more than fifty (50) percent of the lots of record on one side of the street in any one block in an R-1-A District, the depth of front yard for any building thereafter erected or placed on any lot in such block shall be not less, but need not be greater, than the average depth of front yards of such existing buildings.

Where residences are to be erected on adjacent lots, such building line shall be staggered at least two (2) feet, with no building located closer than thirty (30) feet from the front property line.

All lots in R-1-A Districts shall have two (2) side yards, each having a width of not less than ten (10) feet and the combined width of both side yards, shall be not less than twenty-five (25) feet, provided that principal buildings on adjoining lots shall be located not less than twenty-five (25) feet apart, provided the overhang shall not exceed twenty-four (24) inches, not including gutter.

On lots less than ninety (90) feet in width which were of record on the date of this amendment, the required combined width of side yards may be reduced six (6) inches for each foot or major fraction thereof by which the width of such lot is less than ninety (90) feet, provided that the minimum side yard shall be not less than five (5) feet and the combined width of both side yards shall not be less than fifteen (15) feet, and provided, further, that principal buildings on adjoining lots shall be located not less than fifteen (15) feet apart.

In R-1-A Districts, the width of the side yard abutting upon a street shall be not less than thirty (30) feet when rear yards abut side yards; however, when rear yards abut rear yards, the side yard abutting the street shall be not less than twenty (20) feet.

Each lot in R-1-A Districts shall have a rear yard of not less than thirty-five (35) feet.

Off-street parking facilities shall be provided as hereinbefore specified in Section 4.32 of this Ordinance.

See "Schedule A", Article IV, for minimum floor area requirements for residential dwellings in R-1-A Districts.

Churches, synagogues, mosques, public schools, public libraries, private educational institutions, funeral homes, community buildings, country clubs, fraternal lodges or similar civic or social clubs shall be permitted with permission of the Planning Commission pursuant to the standards set forth in section 22.14(b)(1) and upon compliance with the following minimum requirements:

(1)

That these uses shall be located on a major thoroughfare as identified by the City of Warren Master Thoroughfare Plan.

(2)

That the size of the site shall be a minimum of one-half (½) acre, shall have a lot width of not less than one hundred (100) feet and a lot depth of not less than two hundred (200) feet.

(3)

That the driveway approaches shall not be located closer than [five hundred] 500 feet to a major intersection.

(4)

That all vehicular access to and from the permitted uses shall be on a major thoroughfare or collector street.

(5)

That a six (6) foot wall or eight (8) foot greenbelt pursuant to section 2.26 of this Ordinance, be provided where the site abuts a residential district or residential use or is adjacent to an alley which abuts a residential district or residential use.

(6)

No building shall exceed thirty-five (35) feet in height or two (2) stories.

(7)

The total site coverage shall be no more than thirty (30) percent of the lot area.

(8)

Every building shall have a front yard of not less than thirty (30) feet. If a circular drive is proposed in the front yard, a distance equal to the width of the drive shall be added to the front yard setback.

(9)

Every building shall have two [2] side yards of not less than twenty (20) feet each.

(10)

The width of the side yard abutting upon a street shall not be less than twenty (20) feet when the rear yard abuts a rear yard. However, in the case of a rear yard abutting a side yard of an adjacent residential lot, the side yard abutting upon a street shall not be less than twenty-five (25) feet.

(11)

Each lot shall have a rear yard of not less than forty-five (45) feet where the building does not exceed two (2) stories or thirty-five (35) feet in height. Where any building exceeds thirty-five (35) feet in height, then such building shall be set back one (1) foot in addition to the forty-five (45) feet for each foot the building exceeds the height allowed.

(12)

Off-street parking facilities shall be provided as specified in section 4.32 of this Ordinance.

(13)

Accessory facilities such as community halls, fellowship or social halls, recreation facilities and other similar uses incidental to the principal use or facility shall also conform to the standardized parking requirement outlined in section 4.32 of this Ordinance.

(Ord. No. 30-871, § 2, 11-12-96)