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§ 82-130 AREA AND BULK REQUIREMENTS.
    See §§ 82-426 et seq., schedule of regulations, limiting the height and bulk of buildings, the minimum size of lot permitted by land use, and maximum density permitted.
(1993 Code, § 82-130) (Ord. passed 10-12-1992)
§§ 82-131 -- 82-145 RESERVED.
ARTICLE VII. RM-1 MULTIPLE-FAMILY RESIDENTIAL DISTRICT
§ 82-146 INTENT.
   The RM-1 Multiple-Family Residential Districts are designed to provide sites for low-rise multiple- family dwelling structures which are similar in terms of use and structural character to single-family dwellings and which will generally serve as zones of transition between the nonresidential districts and the lower density one-family residential districts. The multiple-family districts are further provided to serve the limited needs for the apartment type of unit in an otherwise low density, single-family community. (1993 Code, § 82-146) (Ord. passed 10-12-1992)
§ 82-147 PRINCIPAL PERMITTED USES.
   In a multiple-family district, no building or land shall be used and no building shall be erected except for 1 or more of the following specified uses unless otherwise provided in this chapter.
      (1)   All principal uses permitted and all conditional uses as regulated in the one-family and two-family residential districts with the lot area, yards, and floor area requirements for single-family dwellings equal to at least the requirements of the immediately abutting residential district of least density.
      (2)   Multiple-family dwellings subject to the conditions herein imposed:
         (a)   Each dwelling unit shall have 1 floor at ground level.
         (b)   No more than 4 dwelling units shall be attached in any construction group or contained in any single structure, except that where the roof ridge lines and building facades of any 4 consecutive units are staggered or offset by at least 10 feet, then a maximum of 8 units may be permitted.
         (c)   The site plan shall be so planned as to provide ingress and egress directly onto a major or secondary thoroughfare, except when the Planning Commission finds, upon review of the site plan, that ingress and egress directly onto an adjacent minor street will not be detrimental to the harmonious development of adjacent property. Where feasible, the Planning Commission may require that ingress and egress to parking facilities be provided from adjacent alleys so as to minimize curb cuts directly onto the major or secondary thoroughfares.
         (d)   The site plan shall be so planned as to recognize yard and general development relationships with adjacent land uses. The Planning Commission may recommend physical features to be provided which will insure harmony in these relationships.
      (3)   Accessory buildings, structures and uses customarily incident to any of the permitted uses listed in this section.
(1993 Code, § 82-147) (Ord. passed 10-12-1992)
§ 82-148 CONDITIONAL USES.
   The following uses may be permitted in an RM-1 Multiple-Family Residential District 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)   General hospitals, except those for criminals and those solely for the treatment of persons who are mentally ill or have contagious disease, not to exceed 4 stories, when the following conditions are met:
         (a)   All such hospitals shall be developed only on sites consisting of at least 5 acres in area, and shall not be permitted on a lot of record;
         (b)   The proposed site shall have at least 1 property line abutting a major thoroughfare;
         (c)   The minimum distance of any main or accessory building from bounding lot lines or streets shall be at least 40 feet for front, rear and side yards for all 2 story structures. For every story above 2, the minimum yard distance shall be increased by at least 10 feet;
         (d)   Ambulance and delivery areas shall be obscured from all residential view with an obscuring wall or fence 6 feet in height. Ingress and egress to the site shall be directly from a major thoroughfare;
         (e)   All ingress and egress to the off- street parking area, for guests, employees, staff, as well as any other uses of the facilities, shall be directly from a major thoroughfare.
      (2)   State-licensed day care centers for children, subject to the following conditions:
         (a)   Such facility shall have received a state license to operate prior to seeking a special use permit under this chapter;
         (b)   Not less than 400 square feet of outdoor play area per child, as authorized by the license issued to the applicant by the Department of Children and Family Services allowed to occupy such home, shall be provided on the site;
         (c)   Screening and fencing of outdoor play area shall be provided as required by the Planning Commission;
         (d)   Parking shall be provided to allow for direct drop-off and pick-up of children without requiring children to cross public streets.
      (3)   Convalescent homes or nursing homes not to exceed a height of 2 stories, when the following conditions are met:
         (a)   The site shall be so developed as to create a land-to-building ratio on the lot or parcel whereby for each one bed in the convalescent home there shall be provided not less than 1,500 square feet of open space. The 1,500 square feet of land area per bed shall provide for landscape setting, off-street parking, service drives, loading space, yard requirements, employee facilities and any space required for accessory uses. The 1,500 square foot requirement is over and above the building coverage area;
         (b)   No building shall be closer than 40 feet to any property line.
      (4)   Group homes for children subject to the following.
         (a)   The setback requirements of §§ 82-426 and 82-427(E) and (F) shall apply; however, the minimum side yard setback be not less than 25 feet.
         (b)   In the event that use of outdoor areas is planned, the outdoor areas shall be screened by landscaping.
         (c)   That the total maximum number of residents shall not exceed 20, not including those providing care.
         (d)   The group home will be hooked up to public water and sanitary sewer facilities.
         (e)   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.
         (f)   Parking shall be provided in accordance with § 82-455(14)(a)1 and shall otherwise comply with § 82-455. Parking located closer than 10 feet from any property line shall be screened.
         (g)   The maximum lot area coverage by all buildings not to exceed 25%.
         (h)   That all group homes shall be located on an improved (paved) street.
         (i)   The Planning Commission may place or require any conditions it deems necessary to insure compliance with the provisions listed above.
         (j)   The group home must be a state licensed residential facility and comply with all applicable laws and regulations of the same.
         (k)   The site for which a group home is proposed shall be at least 1 acre in size.
(1993 Code, § 82-148) (Ord. passed 10-12-1992; Ord. passed 1-13-1997(2))
§ 82-149 REQUIRED CONDITIONS.
   (A)   All dwelling units in an RM-1 Multiple-Family Residential District shall be subject to the following conditions.
      (1)   Dwelling units shall conform to all applicable city codes and ordinances. Any such local requirements are not intended to abridge applicable state or federal requirements with respect to the construction of the dwelling.
      (2)   Dwelling units shall be permanently attached to a perimeter foundation. In instances where the applicant elects to set the dwelling on piers or other acceptable foundations which are not at the perimeter of the dwelling, then 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 which is compatible with the dwelling and other homes in the area.
      (3)   Dwelling units shall be provided with exterior finish materials similar to the dwelling units on adjacent properties or in the surrounding residential neighborhood.
      (4)   Dwelling units shall be provided with roof designs and roofing materials similar to the dwelling units on adjacent properties or in the surrounding residential neighborhood.
      (5)   Dwelling units shall be provided with an exterior building wall configuration which represents an average width to depth or depth to width ratio which does not exceed 3 to 1, or is in reasonable conformity with the configuration of dwelling units on adjacent properties or in the surrounding residential neighborhood.
      (6)   The dwelling shall contain storage capability in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to 10% of the square footage of the dwelling or 100 square feet, whichever shall be less.
   (B)   The Building Official may request a review by the Planning Commission of any dwelling unit with respect to subsections (A)(2), (A)(3) and (A)(4) of this section. The Building Official or Planning Commission shall not seek to discourage architectural variation, but shall seek to promote the reasonable compatibility of the character of dwelling units, thereby protecting the economic welfare and property value of surrounding residential uses and the city at large. In reviewing any such proposed dwelling unit, the Building Official may require the applicant to furnish such plans, elevations and similar documentation as he deems necessary to permit a complete review and evaluation of the proposal. When comparing the proposed dwelling unit to similar types of dwelling areas, consideration shall be given to comparable types of homes within 300 feet. If the area within 300 feet does not contain any such homes, then the nearest 25 similar type dwellings shall be considered.
(1993 Code, § 82-149) (Ord. passed 10-12-1992)
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