The following uses may be permitted in One- Family Residential Districts upon the granting of a permit for such use by the Planning Commission subject to the conditions imposed in this section for each use and subject further to such other conditions which in the opinion of the Planning Commission are necessary to provide adequate protection to the neighborhood and to abutting properties and subject further to a public hearing in accord with § 82-34(C).
(1) The limit upon the number of persons who may reside as a functional equivalent of the domestic family may be increased or enlarged upon a demonstration by the applicant of all of the following:
(a) There are adequate provisions on the subject property for off-street parking for each adult proposed to reside on the premises, and adequate storage for each person proposed to reside on the premises;
(b) The extent of increase or enlargement of the limit upon the number of persons shall not be considered cumulatively with existing and reasonably projected population concentration in the area, or place an unreasonable burden upon public services, facilities and/or schools;
(c) There shall be a minimum of 125 square feet of usable floor space per person on the premises.
If the Planning Commission grants an application under this provision, the determination shall include the specific maximum number of persons authorized to reside on the property and any minimum parking or storage requirements to be maintained.
(2) Public, parochial and private intermediate and/or secondary schools offering courses in general education, not operated for profit. Access to the site shall be in accordance with § 82-470.
(3) Utility and public service buildings and uses, without storage yards, when operating requirements necessitate the locating of such building within the district in order to serve the immediate vicinity.
(4) State-licensed day care home (group), all in accord with Public Act 116 of 1973, being M.C.L.A. §§ 722.111 et seq., as amended, for not more than 12 children for care during the day; provided that for each child so cared for there is provided and maintained an outdoor play area. Such play space shall have a total minimum area of 1,000 square feet plus 100 square feet for each child. Such play area shall be fenced and screened with planting from any adjoining residential land.
(5) Private noncommercial recreational areas, institutional or community recreation centers, nonprofit swimming pool clubs, all subject to the following conditions:
(a) The proposed site for any of the uses permitted in this subsection (5) of this section which would attract persons from, or are intended to serve, areas beyond the immediate neighborhood shall have at least 1 property line abutting a major thoroughfare as designated on the Major Thoroughfare Plan, and the site shall be so planned as to provide all access in accordance with § 82-470;
(b) Front, side and rear yards shall be at least 80 feet wide and shall be landscaped in trees, shrubs, and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except required entrance drives and those walls used to obscure the use from abutting residential districts;
(c) 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 those 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 or zoning compliance 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 members, the off-street parking requirement shall be determined by the Planning Commission on the basis of usage.
(d) Whenever a swimming pool is constructed under this chapter, the pool area shall be provided with a protective fence, 6 feet in height, and entry shall be provided by means of a controlled gate.
(6) Golf courses, which may or may not be operated for profit, subject to the following conditions:
(a) The site shall be so planned as to provide all access in accordance with § 82-470;
(b) 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;
(c) Development features including the principal and accessory buildings and structures shall be so located and related as to minimize the possibilities of any 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 that buildings would be screened from view, the Planning Commission may modify this requirement.
(7) 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, all subject to the following conditions.
(a) 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.
(b) All access to the site shall be in accordance with § 82-470.
(c) No building shall be closer than 80 feet to any property line.
(8) Churches and other facilities normally incidental thereto, subject to the following conditions.
(a) The site shall be so located as to provide for ingress and egress from the site directly onto a thoroughfare having an existing or planned street designated as a major or secondary thoroughfare.
(b) The principal buildings on the site shall be set back from abutting properties zoned for residential use not less than 15 feet.
(c) Buildings of greater than the maximum height allowed in §§ 82-426 et seq. may be allowed, provided front, side and rear yards are increased above the minimum requirements by 1 foot for each foot of building that exceeds the maximum height allowed.
(9) Public buildings, such as, but not limited to, courthouses, health facilities, jails, and the like. Access to the site shall be in accord with § 82-470.
(10) Accessory buildings and uses customarily incident to any of the permitted uses listed in this section.
(11) Group homes for children and/or adults subject to the following:
(a) That the exterior of the principal building and accessory buildings be constructed in a manner to appear as though it is a single-family dwelling;
(c) In the event that use of outdoor areas is planned, the outdoor areas shall be screened by landscaping;
(d) That the total maximum number of residents (not including those who provide care) shall not exceed 12;
(e) The group home will be hooked up to public water and sanitary sewer facilities;
(f) In the judgment of the Planning Commission, the group home will not change the essential character of the area for which it is proposed, and that the group home will not be disturbing to existing or future neighboring uses.
(g) The group home shall not be used for any of the following purposes:
1. As a correctional facility as defined in Public Act 415 of 1982, § 2(b), being M.C.L.A. § 791.502(b);
2. As a facility which houses juveniles as defined in Public Act 73 of 1988, § 2(b), being M.C.L.A. § 803.222(b);
3. As a facility which houses persons deemed incompetent to stand trial under the provisions of Public Act 258 of 1974, §§ 1031 and 1032, being M.C.L.A. §§ 330.2031 and 330.2032;
4. As a facility which houses persons acquitted of a criminal charge by reason of insanity and committed according to the provisions of Public Act 258 of 1974, § 1050, being M.C.L.A. § 330.2050.
5. As a facility which houses prisoners as a community correction center or a community residential home, as those terms are defined in Public Act 68 of 1974, as amended, being M.C.L.A. § 791.265a.
(i) The group home must be a state-licensed residential facility and comply with all applicable laws and regulations of the same.
(j) The group home must be a single-family, owner-occupied dwelling. In lieu of this requirement, an assigned resident manager or owner representative living on the premises may be permitted by the Planning Commission.
(k) The minimum lot size for a group home shall be 3 acres.
(l) The Planning Commission may place or require any conditions it deems necessary to insure compliance with the provisions listed above.
(m) The maximum lot coverage by all buildings shall be 25%.
(1993 Code, § 82-108) (Ord. passed 10-12-1992; Ord. passed 1-13-1997(1); Ord. No. 2009-01, passed 2-9-2009)