(A) R-1A and R-1B; One-Family Residential Districts. The One-Family Residential Districts are designed to provide for one-family dwelling sites and residentially related uses in keeping with the residential development in the city. In addition, the preservation of natural terrain and wooded areas is reflected in the controls set forth in this section.
(1979 Code, § 5.31)
(B) Principal uses permitted. In the R1-A and R1-B One-Family Residential Districts, 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 section:
(1) One-family detached dwelling;
(2) Farms;
(3) Publicly owned and operated libraries, parks, parkways and recreational facilities; and
(4) Accessory buildings and uses, customarily incidental to any of the above permitted uses.
(1979 Code, § 5.32)
(C) Uses subject to special conditions. The following uses shall be permitted after the Planning Commission, upon review of the plans, finds that the plans meet the conditions herein required, together with such other conditions as may be imposed to carry out the purposes of this section, subject to the conditions hereinafter imposed for each use:
(1) Utility and public service buildings and uses (without storage yards) where operating requirements necessitate the locating of said facilities within the district in order to serve the immediate vicinity. Further, no building and/or structure shall be located in any required front or side yard;
(2) Public, parochial and private elementary, intermediate and/or secondary schools offering courses in general education, not operated for profit;
(3) 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 said site directly onto an existing or planned collector street or major thoroughfare in the city.
(b) The principal buildings on the site shall be set back from abutting properties zoned for residential use not less than 20 feet.
(c) Buildings greater than the maximum height allowed in § 150.059 may be allowed, provided front, side and rear yards are increased above the minimum requirements by one foot for each foot of building which exceeds the maximum height allowed.
(4) Municipal office buildings, when in character with the neighborhood;
(5) Private recreation areas and institutional recreation centers when not operated for profit, all subject to the following conditions.
(a) The site shall be so located as to provide for ingress and egress from said site directly onto a collector street or major thoroughfare in the city.
(b) Front, side and rear yards shall be at least 50 feet wide, except on those sides adjacent to nonresidential districts, and shall be landscaped in trees, shrubs, grass and terrace areas. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in required front, side and rear yards, except for required entrance drives and those walls and/or fences used to obscure the use from abutting residential districts.
(c) Buildings erected on the premises shall not exceed one story or 14 feet in height.
(d) Off-street parking shall be provided so as to accommodate at least one-fourth of the member families and/or individual members. Bylaws of the organization shall be provided to the Planning Commission in order to establish the membership involved in computing parking requirements.
(e) All storm and sanitary sewer plans shall be provided and shall be reviewed and approved by the City Engineer prior to the issuance of a building permit.
(f) The off-street parking and general site layout and its relationship to all adjacent lot lines shall be reviewed by the Planning Commission, which may impose any reasonable restrictions or requirements so as to ensure that adjacent residential areas will be adequately protected.
(6) Nursery schools, day nurseries and child care centers (not including dormitories); provided that, for each child so cared for, there is provided and maintained a minimum of 150 square feet of outdoor play area. Such play space shall have a total minimum area of at least 1,500 square feet; and
(7) Accessory buildings and uses customarily incidental to any of the above permitted uses.
(1979 Code, § 5.33)
(8) Medical marijuana home occupations are permitted only within the R-1A and R-1B zoning districts subject to the following conditions:
(a) The medical use, transfer and/or cultivation of marijuana must comply at all times and in all circumstances with the Michigan Medical Marihuana Act and the General Rules of the Michigan Department of Community Health, as they may be amended from time to time.
(b) A registered primary caregiver operating a medical marijuana home occupation must not be located within 1,000 feet of a school, as measured from the outermost boundaries of the lot or parcel on which the home occupation and school is located.
(c) Not more than one registered primary caregiver per parcel is permitted to grow or cultivate medical marijuana at any parcel.
(d) The number of qualifying patients assisted and the number of plants assigned to each patient can be no more than permitted by the state law.
(e) All medical marijuana must be contained within and all growing, processing of medical marijuana must occur in an enclosed, locked facility inside the primary residential structure or accessory building on the parcel.
(f) All necessary building, electrical, plumbing and mechanical permits must be obtained for any portion of the building in which electrical wiring, lighting and/or watering devices that support the cultivation, growing or harvesting of marijuana are located.
(g) If a room with windows is utilized as a growing location, any lighting methods that exceed usual residential periods between the hours of 11:00 p.m. and 7:00 a.m. must employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that may create a distraction for adjacent residential properties.
(h) That portion of the building where energy usage and heat exceed typical residential use, such as grow room, and the storage of any chemicals such as herbicides, pesticides, and fertilizers must be subject to inspection and approval by the city Fire Department to ensure compliance with the Michigan fire protection code.
(i) The premises must be open for inspection upon request by the building official, the Fire Department and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other time as anyone is present on the premises.
(j) The operation of a registered primary caregiver as a home occupation shall be permitted only with the prior issuance of a city permit issued by the Building Inspector.
(k) A complete and accurate application shall be submitted on a form provided by the city and an application fee in the amount determined by resolution of the City Council shall be paid.
(l) The separation of plant resin from a marijuana plant by butane extraction or any other method that utilizes a substance with a flashpoint below 100°F in any public place, a motor vehicle, inside a residential structure, or curtilage of a residential structure is prohibited.
(m) Not more than 100 square feet of any residential dwelling unit on a residential lot shall be used for growing, processing, and handling of medical marijuana.
(n) The use of the dwelling or other permitted facility of a qualifying patient to cultivate medical marijuana in accordance with the MMMA, solely for personal use, does not require a permit under this division, however, all applicable state and city ordinance requirements must be met.
(D) Area and bulk requirements. See § 150.059 limiting the height and bulk of buildings, the minimum size of lots permitted by land use and the maximum density permitted.
(1979 Code, § 5.34)
(Ord. 62, passed 6-15-1978; Ord. 215, passed 8-8-2022)