A. Housing for the elderly. The following site development standards shall apply to housing for the elderly:
1. Minimum floor area. Dwelling units within a building shall average three hundred fifty (350) square feet in floor area (not including kitchen and sanitary facilities).
2. Lot coverage. Total coverage of the all buildings, including dwelling units and related service buildings, shall not exceed thirty (30) percent of the total site, exclusive of any dedicated public right-of-way.
B. Single-family cluster option. Except as stated within this Section, an application for approval of a site plan for a residential cluster option shall follow the procedures and requirements established for a special use approval as stated in Article 10.00. The following standards shall apply to single-family cluster projects:
1. Intent. The intent of the single-family cluster option is to provide the opportunity for creative design in single family residential districts to accomplish the following primary objectives:
(a) To promote a higher quality of development than could be achieved under conventional zoning regulations.
(b) To encourage innovation in land use and variety in design, layout, and type of structures constructed.
(c) To provide a feasible means of residential development on sites that would otherwise be difficult or impossible to develop because of the parcel size or shape, the character of surrounding land uses, or other constraints.
2. Eligibility criteria.
(a) In considering any proposal for the single-family cluster option, the plan commission shall determine that the proposal satisfies one (1) or more of the following eligibility criteria:
(1) The overall impact of the development will provide a recognizable and substantial benefit to its ultimate residents and to the community.
(2) The parcel has narrow width, shallow depth, or a unusual configuration that is a substantial detriment to development as a conventional subdivision.
(3) A significant portion of the property's perimeter is bordered by a major or secondary thoroughfare so that, if developed as a conventional subdivision, a substantial number of the lots would abut the thoroughfare and be impacted by negative traffic noise and lights.
(4) A substantial portion of the property's perimeter is bordered by land that is zoned or used for more intensive and potentially incompatible nonresidential development.
(5) The parcel contains natural assets that would be preserved or enhanced through the use of cluster development. Such assets may include stands of trees, land that serves as a habitat for wildlife, unusual topographic features, or other natural assets that should be preserved.
(b) An application for the single-family cluster option shall be accompanied by written and graphic documentation demonstrating to the plan commission that the proposal satisfies one or more of the listed eligibility criteria.
3. Project density. The overall density of development on a site that qualifies for cluster development shall not exceed the standards for density as established by the underlying zoning regulations for the district in which the site is located. The density of a development shall be computed by dividing the total number of units proposed by the allowable acreage. The quotient shall be rounded to the nearest tenth of an acre.
For the purposes of computing density, allowable acreage shall include the following:
(a) All areas to be used for residential purposes, including off-street parking and private access roads, but excluding public street rights-of-way;
(b) Dedicated private parks and/or common open space devoted for use of residents of the single family cluster development.
4. Site design requirements. Single-family cluster developments shall comply with the following requirements:
(a) Clustering alternatives.
(1) Attachment of units. A maximum of four (4) single-family dwelling units may be attached to each other provided that measures are taken to avoid monotonous facade design or the appearance of massive buildings that are out-of-scale with surrounding single family development. The attached units shall be offset from one another, and/or different design details (i.e., different building entrance designs, different building materials, etc.) shall be used for each unit.
(2) Detached clusters. A maximum of four (4) single-family detached units may be combined into a single cluster, provided that the units shall be spaced not less than ten (10) feet apart. This spacing requirement may be waived or modified by the plan commission during site plan review, based upon a favorable recommendation of the City fire chief and compliance with the building Code requirements.
(b) Open space.
(1) General requirements. Single-family cluster developments shall provide and must maintain at least fifteen percent (15%) of the site as dedicated common open space.
(2) Water bodies and basins. Up to twenty-five percent (25%) of the required open space may include the area of any created water bodies or water detention/retention basins.
(3) Conveyance of open space. The required open space shall be set aside by the developer through an irrevocable conveyance, such as a deed restriction(s) or covenant(s) that run with the land, assuring that the open space will be developed, dedicated and continually maintained according to the site plan and never changed to another use.
(c) Setbacks.
(1) Setbacks between clusters. Each cluster of attached or detached dwelling units shall be set back a minimum distance of fifty (50) feet from any other cluster, except that the minimum setback for adjoining clusters that have a side-to-side building relationship shall be twenty (20) feet.
(2) Building setbacks. Buildings within each cluster shall comply with the following minimum setbacks:
Internal private road: | 30 feet from edge of traveled roadway; |
Public road right-of-way: | 30 feet; |
Property line (other than road right-of-way): | 30 feet; |
Utility easement (other than individual unit lead): | 12 feet. |
(d) Landscaping. Single-family cluster developments shall comply with the landscaping requirements specified in Article 5.00.
(e) Transitional area in density. Where the parcel proposed for use as a cluster development abuts a conventional single-family development, the cluster development shall be designed to provide an orderly transition between the two (2) developments. Such a transition may be achieved by providing a buffer zone consisting of any of the following: open space, additional landscaping, berms, changes in topography, or similar measures.
(f) Sidewalks. Sidewalks shall be provided along all public roads within the cluster development.
(g) Utility connections. Each dwelling unit shall be separately connected and metered for City water and sewer service.
5. Determination of eligibility. The application for cluster development shall include documentation that the proposal satisfies one or more of the eligibility criteria set forth in Section 7.03C. The planning commission shall make a preliminary determination whether the proposal qualifies for the cluster option, based on the submitted documentation.
6. Effect of preliminary eligibility determination. Preliminary determination by the planning commission that a parcel qualifies for cluster development does not assure approval of the site plan. Such a determination, however, does give the applicant the opportunity to proceed further with site plan review.
7. Site plan review. A cluster housing development shall be subject to the site plan review requirements in Article 32.00 of this ordinance, as well as the additional requirements in this Section.
8. Information required for site plan review. In addition to the information required in Article 32.00 as a part of site plan review, the following information shall be included on all cluster option plans submitted for review:
(a) Acreage and density computations.
(b) Setbacks from all property lines and distances between all buildings and between buildings and roads.
(c) Proposed landscape screening along the perimeter and within the site.
(d) Specific locations of significant site features such as tree stands and water retention areas.
(e) Delineation of open space areas and detailed information concerning common access and proposed landscaping or other improvements within the open space.
9. Recording of Planning Commission action. Each action taken with reference to a cluster development proposal, including the grounds for the action taken, shall be duly recorded in the minutes of the planning commission.
10. Recording of documents. If the planning commission approves the cluster development proposal, all requirements and conditions upon which such approval is based shall be included as part of the approved site plan. Easements, deed covenants or deed restrictions shall be drafted into recordable forms, reviewed and approved as to form by the city attorney, and filed by the applicant, with the appropriate county agency prior to the issuance of a building permit for any construction.
11. Performance guarantee. A performance guarantee shall be deposited with the City to insure faithful completion of improvements, in accordance with this Ordinance.
C. Child care organizations. The following regulations shall apply to all child care organizations as defined in Article 1 of this ordinance:
1. Licensing. In accordance with applicable state laws, all child care organizations shall be licensed by the Department Licensing and Regulatory Affairs and shall comply with the minimum standards of the Child Care Organizations ACT (1973 PA 116).
2. Sleeping areas. In new and converted institutions, single occupant sleeping rooms shall not be less than seventy (70) square feet, exclusive of closet space. In new and converted institutions, multi-occupant sleeping rooms shall not be less than fifty (50) square feet per occupant, exclusive of closet space.
3. Toilet and bathing facilities. There shall be at least one (1) toilet, lavatory, and tub or shower, which are easily accessible from sleeping quarters, for each eight (8) residents.
4. Recreational areas. An institution shall provide and follow its written policy regarding recreational activities. A variety of indoor and outdoor recreational areas shall be provided and indicated on the site plan and floor plans. The Planning Commission shall have the authority to review and approve the proposed recreational activities plan and areas and determine its adequacy in relation to the size and occupancy of the facility.
D. Home Occupations. Home occupations that meet the following standards are considered a permitted accessory residential use of property:
1. It must be conducted entirely within a dwelling by the owner or tenants.
2. It must be clearly incidental to the principal use of the dwelling as a residence.
3. It must not change the character or appearance of the residence.
4. It must not result in any signs or displays on the premises.
5. It must not result in any sales of commodities or goods on the premises.
E. Marijuana and Medical Marijuana Home Occupations.
1. Purpose and Intent. The purpose of this article is to exercise the land use power of the City by regulating the medical use of marijuana, and cultivation and possession of marijuana in a way that is consistent with the Michigan Medical Marihuana Act, MCL 333.26421 et seq., Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951et seq., City's Zoning Ordinance, City's Code of Ordinances, and state law. In the development and execution of these zoning regulations, it is recognized that there are some uses that, due to operational characteristics, require additional regulations to meet public health, safety, and welfare standards, and ensure that land use objectives of the City are met.
2. Definitions, interpretations, and conflicts. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning. Any term defined by the MMMA or MRTMA (collectively referred to as "the Acts") shall have the definition given in that particular statute. If the definition of a word or phrase set forth in this article conflicts with the definition for the same word or phrase in the Acts, or if a term is not defined in this article but is defined in the Acts, then the definition in the Acts shall apply.
Adult-use participant. Means an individual 21 years of age or older that possesses, stores, and/or processes marijuana pursuant and subject to the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951et seq.
Enclosed, locked facility. Means a closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered caregiver or registered qualifying patient.
Marijuana. Means all the parts of the plant genus cannabis, growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including marijuana concentrate and marijuana-infused products. For the purposes of this article, marijuana does not include:
1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination;
2) Industrial hemp; or
3) Any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.
Marijuana home occupations. Means accessory uses of residential properties in which qualifying patients, primary caregivers, and adult-use participants engage in the medical use of marijuana, and cultivation and possession of marijuana in a way that is consistent with the Michigan Medical Marihuana Act, MCL 333.26421 et seq., Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951et seq.
Medical marijuana home occupations. Means accessory uses of residential properties in which qualifying patients and primary caregivers engage in the medical use of marijuana pursuant to the Michigan Medical Marihuana Act, MCL 333.26421 et seq.
Medical use of marijuana. Means the acquisition, possession, cultivation, manufacture, extraction, use, internal possession, delivery, transfer, or transportation of marijuana, marijuana-infused products, or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, as defined in the Act, MCL 333.26423(h).
Primary caregiver or caregiver. Means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marijuana defined under MCL 333.26423(k) of the Act, and who has been issued and possesses a valid registry identification card under the Act.
Principal residence. Means the one place where an owner of the property has his or her true, fixed, and permanent home to which, whenever absent, he or she intends to return and that shall continue as a principal residence until another principal residence is established, pursuant to MCL 211.7dd(c).
Qualifying patient or patient. Means a person who has been diagnosed by a physician as having a debilitating medical condition, as defined under MCL 333.26423(l) of the Act.
3. Common regulations for marijuana and medical marijuana home occupations. In addition to the standards set forth in Sec. 7.03 D for home occupations the following standards apply specifically to marijuana home occupations:
a. Square footage limitation. Not more than 25% of the gross floor area of the dwelling or 200 square feet of the dwelling, whichever is less, shall be used for the growing, processing, and handling of medical marijuana.
b. Cultivation prohibited outdoors and in accessory structures and outdoors. The growing and/or cultivating of marijuana outdoors is prohibited. No part of an accessory building, detached or attached garage, pole barn, shed, or similar building or structure shall be used for the growing, processing, or distribution of marijuana.
c. External appearance. With the exception of any equipment related to the filtration, mitigation, or control of marijuana related odors, there shall be no visible change to the outside appearance of the residential property or other visible evidence of the conduct of the medical marijuana operation occurring on the property.
d. Visibility of marijuana. No marijuana, marijuana plants, marijuana paraphernalia, or plant growing apparatus shall be visible from a public place or adjoining uses without the use of binoculars, aircraft, or other optical aids, or outside of an enclosed area.
e. Access to marijuana limited. All storage, growing, and processing associated with the cultivation of marijuana must occur within an enclosed area that is equipped with locks or other functioning security devices that restrict access to that area.
f. Compliance for existing growers. Residential properties within the City that are being utilized for growing, cultivating, harvesting, and/or storing of marijuana on the effective date of this section must come into compliance with the provisions of this article, and all applicable requirements within the City's Code of Ordinance within 180 days of the effective date of this article. These regulations shall not apply to primary caregiver facilities that were issued permits prior to the effective date of this ordinance.
4. Regulations for medical marijuana home occupations.
a. Location. Medical marijuana home occupations are limited to detached single- family residential dwellings that are located in a RA-One Family Residential zoning district. All storage, growing, and processing associated with the medical use of marijuana must occur within the principal residence for that primary caregiver or qualifying patient, and may not occur within multiple locations.
b. Enclosed, locked facility. All medical marijuana cultivation, growing, and manufacturing must occur within an enclosed, locked facility, and such activities can occur only in locations not visible to the public and adjoining uses.
i. The location of the enclosed, locked facility shall not be in an area of the dwelling/premises where a utility or access to a utility is located that may be accessed by someone other than the registered primary caregiver.
c. Additional regulations for primary caregiver home occupations. Primary caregiver home occupations are required to register with the City of Dearborn in accordance with the process outlined in the City's Code of Ordinances (Chapter 5, Article XV). Registration for primary caregiver home occupations is limited to owner-occupied residential dwellings. Primary caregiver home occupations are subject to the following additional regulations:
i. Minimum distance requirement. No primary caregivers are permitted within 1,000 ft. of an elementary school, middle school, or high school, religious institution, public park, or city-owned and managed recreational spaces located within the City. Distance shall be measured from nearest property line to the nearest property line, measured as a straight line.
ii. Limited to one primary caregiver. Only one primary caregiver is permitted to register and operate within each single-family residential dwelling. If a dwelling is registered for use by a primary caregiver it may not be used for any other home occupation.
iii. Limits on primary caregivers and qualifying patients. No qualifying patient shall visit, come to, or be present at the primary caregiver's residence to purchase, smoke, consume, obtain, or receive possession of any marijuana. Rather, the primary caregiver must personally deliver the marijuana to their qualifying patient. No person may deliver medical marijuana to a qualifying patient other than the primary caregiver linked through the state registry system to that qualifying patient.
(Ord. No. 93-553, § 7.03, 2-2-1993; Ord. No. 17-1603, 1-16-2018; Ord. No. 22-1781, 12-14-2022)