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The intent of this section is to permit the development of single-family residential patterns which, through design innovation, will introduce flexibility so as to provide for a more appropriate development in situations where the normal subdivision approach would otherwise be restrictive owing to the presence of environmentally sensitive lands on the site or the configuration of the site.
(A) In approving an area for the cluster housing option, the Planning Commission shall find at least 1 of the following to exist:
(1) The parcel to be developed has frontage on a major or secondary street and is generally parallel to the street and is of shallow depth as measured from the street;
(2) The parcel has frontage on a major or secondary street and is of a narrow width as measured along the street which makes platting difficult;
(3) The parcel is shaped in a way so that it contains acute angles which would make a normal subdivision difficult to achieve and has frontage on a major or secondary street;
(4) A substantial part of the parcel’s perimeter is bordered by a major street which would result in a substantial proportion of the lots of the development abutting the major street;
(5) The parcel contains a floodplain or poor soil conditions which result in a substantial portion of the total area of the parcel being unbuildable. Soil test borings, floodplain maps or other documented evidence must be submitted to the Planning Commission in order to substantiate the parcel’s qualification for cluster development; and/or
(6) (a) The parcel contains natural amenities which could be preserved through the use of cluster development.
(b) The assets may include natural stands of large trees, land which serves as a natural habitat for wildlife, unusual topographic features, or other natural assets which, in the opinion of the Planning Commission, should be preserved.
(c) Requests for qualification under these conditions must be supported by documented evidence which indicates that the natural assets would qualify the parcel under this option.
(B) In areas meeting the above criteria, the minimum yard setback, height, density, and minimum lot size per unit as required by § 153.200 may be waived.
(1) The minimum floor area for all dwelling units constructed under this option shall be at least equal to the minimum floor area requirements for the single-family residential district in which the cluster is to be constructed.
(2) The attaching of single-family dwelling units, one to another, may be permitted when the homes are attached by means of 1 or more of the following:
(a) Through a common party wall which does not have over 50% of its area in common with an abutting dwelling wall;
(b) By means of an architectural wall detail which does not form interior room space; and/or
(c) Through a common party wall in only the garage portion of an abutting structure.
(3) The maximum number of units attached in the above described manner shall not exceed 4.
(4) In a single-family cluster housing development, the dwelling unit density shall be no greater than if the gross land area were to be developed in the minimum square foot lot areas as required for each single-family district under § 153.200.
(5) A cluster subdivision in the agricultural district may receive a density bonus of 200% upon approval of the Planning Commission.
(6) Once a parcel of land is used in a cluster housing option, the remaining land will not be eligible for a density bonus under division (B)(5) above.
(7) Density shall not exceed 1 dwelling unit per 44,000 square feet, excluding road rights-of-way.
(C) Yard requirements shall be provided as follows:
(1) Spacing between any grouping of 4 or less 1-family units and another grouping of like structures shall be equal to at least 20 feet, measured between the nearest point of the 2 groupings. A grouping may include a single, freestanding unit;
(2) All the groupings shall be situated as to have 1 side of the building abutting onto a common open space;
(3) Any side of a building adjacent to a private service drive or private lane shall not be nearer to the drive or lane than 20 feet;
(4) Any side of a building adjacent to a public right-of-way shall not be nearer to the public rights-of-way than 30 feet;
(5) This nature of development, when abutting a front yard of an existing recorded subdivision which is not a part of the site plan submitted under this section, shall cause all dwelling units facing the subdivision to relate through its front or entrance facade and shall treat the side of the grouping as a front yard; and
(6) No building shall be located closer than 30 feet to the outer perimeter (property line) of the site.
(D) The maximum height of buildings shall be 35 feet.
(E) Site plans submitted under this option shall be accompanied by information regarding the following:
(1) The proposed manner of holding title to open land;
(2) The proposed method of regulating the use of open land; and
(3) The proposed method of maintenance of property and financing.
(Ord. 99, passed 11-18-1996, § 22.04; Am. Ord. 105, passed 11-10-1997)
(A) All required yards shall be maintained at a slope to cause the flow of surface waters to existing drainage systems, without causing any ponding or flooding upon any adjacent lands resulting from any change in elevation; provided, however, this shall not prevent the grading of a yard into landscaped depressions or terraced areas where adequate and safe means for the disposal of surface waters are constructed and maintained.
(B) When a new building is constructed or located on a vacant lot between 2 existing buildings, the yard around the new building shall be graded to meet the existing grades and permit runoff of surface waters without encroachment onto adjacent properties, except as the runoff follows drainage patterns as they exist.
(Ord. 99, passed 11-18-1996, § 22.05)
Buildings and or structures accessory to agricultural and single-family residential uses shall be subject to the following regulations.
(A) Where the accessory buildings and or structures are structurally attached to a main building, it shall not exceed the ground floor area of the principal structure, and must conform to all regulations of this chapter applicable to main buildings.
(B) Where the accessory buildings and or structures are structurally detached from the main building, it shall comply with the following items:
(1) No detached accessory building and or structure shall be located in any required front yard setback area as required in § 153.200.
(2) All detached accessory buildings and or structures located outside of the required setbacks, as listed in § 153.200, but in a front yard area must comply with the following conditions:
(a) All such detached accessory buildings and or structures shall be located behind the front wall line of the main building on the adjoining properties.
(b) All such detached accessory buildings and or structures shall maintain a roof type and exterior wall covering to match or be compatible to that of the main principal residential dwelling unit located on the property.
(c) All such detached accessory buildings and or structures must maintain a 25-foot side yard setback from side or rear property lines of adjoining properties.
(d) All such detached accessory buildings and or structures shall not be placed directly in front of any living area of the main dwelling unit, unless the accessory building is located over 100 feet from the main dwelling unit.
(3) No detached accessory buildings and or structures may occupy more than 25% of a required rear yard, plus 40% of any non-required rear yard.
(4) (a) Detached accessory buildings and or structures shall not be located closer than 10 feet to any principal building or other accessory buildings and or structures, nor shall it be located closer than 10 feet to any rear or side lot line.
(b) Detached accessory buildings and or structures meeting all of the following requirements shall be permitted to be located within the 10-foot setback area from any principal building or other accessory buildings and/or structures. Such accessory buildings and or structures shall not be located closer than the required front, rear or side yard setback as listed for principal buildings in § 153.200.
1. The detached accessory buildings and or structures shall have a foundation not less than the minimum required by the Michigan Building Code for frost protection.
2. On any section of the detached accessory buildings and or structures located 5 feet or less from any principal building or other accessory building and or structure, a fire partition shall be provided of not less than a 1-hour fire resistance rating on the accessory building and or structure side.
3. The detached accessory buildings and or structures shall not be located closer than 15 feet to any side lot line.
(5) In subdivisions, detached accessory buildings and or structures of less than 150 square feet may be located as close as 5 feet to the side or rear lot line.
(6) Detached accessory buildings shall observe the following size requirements:
Parcel Size | Maximum Building Sizes | Maximum Number of Buildings |
Up to 1 acre (43,560 square feet) | Accessory buildings shall be no greater than the foundation size of the main dwelling unit 160 square feet | 1 1 |
Greater than 1 acre and less than 5 acres (217,800 square feet) | The total combined area of 2 accessory buildings shall not exceed 3,000 square feet 160 square feet | 2 1 |
Greater than 5 acres (217,800 square feet) | The total combined area of 2 accessory buildings shall not exceed 4,000 square feet 160 square feet | 2 1 |
Note: The maximum building lot coverage for all structures located on a single lot of record must be in compliance with § 153.200. | ||
(7) Accessory buildings and or structures on corner lots shall comply with the following:
(a) For the purposes of determining setbacks as measured from the right-of-way line, a corner lot shall maintain the minimum required front yard setback on both road and/or street frontages.
(b) The required rear yard setback shall be applied to the yard opposite of the building's street address.
(8) No accessory buildings and or structures in a residential zoning district shall exceed 1 story or 18 feet in height, except for buildings accessory to agricultural uses.
(9) No accessory buildings and or structures shall be constructed prior to the completion of the footings of the principal building on the property.
(10) No accessory buildings and or structures shall involve any business, profession, trade, or occupation in the accessory buildings.
(11) Accessory buildings and or structures used in conjunction with a bona fide agricultural operation are exempt from the height limitation, restrictions on the number of buildings, and the floor area requirements noted above.
(12) When the placement of a detached accessory building and or structure is denied by the Building Official, an appeal before the Zoning Board of Appeals may be taken by the property owner. Notification of surrounding property owners, as required under § 153.427 of the code, must be complied with prior to the appeal being heard.
(C) A private solar energy system that is accessory to a principal use that is designed and built to serve the principal use of the property shall comply with the following requirements.
(1) Freestanding or ground-mounted solar energy systems shall comply with the following:
(a) SES shall not be located in any front yard area, except when said system is located near a rear yard area of an adjoining property and is located a minimum of 100 feet from any adjoining residential dwelling structure.
(b) SES shall not be located closer than 10 feet to any principal building or other accessory buildings and or structures located on the property. SES shall not be located closer than 10 feet to any rear or side lot line and be a distance of at least 100 feet from an adjoining residential dwelling structure.
(c) Private SES shall be restricted to a height of 12 feet.
(d) The total square feet of all solar energy systems shall not exceed the total square footage of the foundation of the principal dwelling unit located on the property.
(2) A roof-mounted solar energy system, including solar shingles, shall be installed in compliance with the Michigan Residential Building Code and shall not project more than 2 feet above the highest point of the roof it is located on.
(3) When the placement of any solar energy system is denied by the Building Official, an appeal before the Zoning Board of Appeals may be requested by the property owner. Notification of surrounding property owners, as required under § 153.427 of the code, must be complied with prior to the review.
(D) Cargo containers.
(1) The placement and use of any cargo container as an accessory building or structure, temporarily or otherwise, is prohibited in all zoning districts.
(2) For the purposes of this division, a CARGO CONTAINER shall be defined as a reusable vessel that was originally designed for or used in the packing, shipping, movement, or transportation of freight, articles, goods, or commodities, which is capable of being mounted or moved by rail, truck, or ship, including any other portable containers or pods used for storage with similar appearance and characteristics of cargo containers.
(3) This division shall not apply to the temporary use of storage containers for construction activities on properties with a valid, current, and appropriate building or zoning permit.
(4) An administrative permit may be granted by the Zoning Official or his/her designee, not to exceed 14 days, for the use of such a container while in the active process of moving to or from the property on which the container is placed.
(Ord. 99, passed 11-18-1996, § 22.06; Am. Ord. 111, passed 5-18-1998; Am. Ord. 170, passed 9-16-2008; Am. Ord. 12-198, passed 1-15-2013; Am. Ord. 18-231, passed 12-18-2018; Am. Ord. 21-003-153.340, passed 9-21-2021; Am. Ord. 21-006-153.006 et seq., passed 10-19-2021)
(A)
In multiple-family, commercial or industrial districts, accessory buildings shall only occupy the ground area that the principal building is permitted to cover.
(B) Accessory buildings, such as buildings for parking attendants, guard shelters, gatehouses, and transformer buildings, may be located in the front or side yard in the districts, only upon Planning Commission approval.
(Ord. 99, passed 11-18-1996, § 22.07
; Am. Ord. 170, passed 9-16-2008)
The keeping of horses for recreational purposes shall be permitted in all zoning districts upon a land area of not less than 5 acres provided that the use shall be for the private/personal use of the owner or lessee of the land, his or her family, and friends and friends and shall not constitute a commercial occupation nor a public stable.
(A) (1) No barns, pens or corrals shall be located closer than 200 feet from all property lines or less than 150 feet from all street right-of-way lines.
(2) Provided further that the minimum side yard setback shall be reduced 1 foot for each additional foot that the barn, pen or corral is setback form the existing right-of-way over 150 feet.
(3) Provided further that the side yard setback shall not be reduced below a minimum of 50 feet.
(B) At least 2 acre shall be provided for each horse kept, except that the number of horses now existing on each parcel where horses are presently kept for recreational purposes may be continued under the non-conforming use provisions of this chapter, and subject to all conditions therein.
(C) Foals born on parcels where horses are presently kept may be kept on the parcel for 2 years even though the additional horses may increase the number of horses on the parcel beyond the 1 horse per 2 acres limitation, but in no case shall there be more than 1 foal per 2 acres.
(Ord. 99, passed 11-18-1996, § 22.08; Am. Ord. 131, passed 5-15-2001)
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