§ 28.02 SCHEDULE OF REGULATIONS FOR PRINCIPAL STRUCTURES.

   All buildings , uses, and parcels of land shall comply with the regulations set forth in the following Schedule of Regulations and footnotes thereto.

FOR PRINCIPAL STRUCTURES

	Lot Minimum		Maximum Height of Structure b		Minimum Required Setback   (In Feet) d, e, j
District	Area (sq.ft.) a, nn	Width (feet)	Stories	Feet	Front Yard	Each Side Yard	Rear Yard	Driveway c	Min. Usable Floor Area Per Unit (sq. ft.)	Max. Coverage of Lot by All Buildings (%)
R-1, One-Family	20,000 z	100 z	2 ½	35	25 f, g, z	10 g, h, i, z	35 g, z	4	900	20%
R-1-S Suburban Residential	40,000 k	120 k	2 ½	35	25 f, g	10 k, g, h, i	35 g	4	900 k	20%
RR, Rural Residential	90,000	240	2 ½ q	35 q	50 g	30 g, i	35 g	10 aa	900	15%
RE, Rural Estates	5 acres	300	2 ½ q	35 q	50 g	30 g, i	40 g	10 aa	900	10%
AG-SF, Agricultural Small Farms	10 acres	300	2 ½ q	35 q	50 g	30 g, i	40 g	10 aa	900	10%
RM-1, Multiple-Family Residential	Footnote 1	200	3	35	50 m, n	50 m, n, o	50 m, n, o	10	p	25%
AG-C, Commercial Agricultural	40 acres ll	330	2 ½ q	35 q	50 g	50 g, i	50 g	10 aa	900	10%
OS-1, Office	20,000	100	2	35	45 t	10 r, n	20 r, n	10	--	--
B-1, Limited Business	40,000	200	2	35	45 t	20 r, n, s	20 r, n	10	--	--
B-2, Commercial Center	40,000	200	2	35	45 t	20 i, n, r, s	20 r, n	10	--	--
I-1, Light Industrial	90,000	300	2	40	75 v	40 i, n, u, w	40 u, n, w	10	--	--
PD, Planned Development	x	x	x	x	x	x	x	x	x	x
GD, Green Zone Planned Development	y	y	y	y	y	y	y	y	y	y
MU, Mixed Use Overlay	oo	oo	oo	oo	oo	oo	oo	oo	oo	oo

 

SCHEDULE OF REGULATIONS FOR ACCESSORY BUILDINGS  bb

	Maximum Height of Structure  b, jj		Minimum Required Setback (In Feet) ii
District	Stories	Feet	Front Yard  cc	Each Side Yard  cc	Rear Yard  cc	Maximum Lot Coverage
R-1, One-Family	1	14	dd	10 g, h, i, hh	10 ff	kk
R-1-S, Suburban Residential	1	14	dd	10 g, h, i, k, hh	10 ff	kk
RR, Rural Residential	2 ½ q	35 q	200 ee	30 i	10	kk
RE, Rural Estates	2 ½ q	35 q	200 ee	30 i	10	kk
AG-SF, Agricultural Small Farms	2 ½ q	35 q	200 ee	30 i	10	kk
RM-1, Multiple-Family Residential	3	35	200 ee	50 hh	10 hh	kk
AG-C, Commercial Agricultural	2 ½ q	35 q	ff	50 g, i	10	kk
OS-1, Office	2	35	45 gg	10	10	kk
B-1, Limited Business	2	35	45 gg	20 r, s	10	kk
B-2, Commercial Center	2	35	45 gg	10 i, s	10	kk
I-1, Light Industrial	2	40	75 gg	10 i, u	10	kk
PD, Planned Development	x	x	x	x	x	x
GD, Green Zone Planned Development	y	y	y	y	y	y
MU, Mixed Use Overlay	oo	oo	oo	oo	oo	oo

 

FOOTNOTES TO THE SCHEDULE OF REGULATIONS

[a]   Lot Area. “Net Lot Area ,” as defined in § 1.03, shall be used to determine compliance with lot area requirements. Regardless of the minimum lot size specified in the Schedule of Regulations, no new parcel shall be created unless the applicant demonstrates that the parcel has adequate usable land area, such that the parcel can be built upon or used in compliance with Zoning Ordinance standards. In determining whether this criterion has been met, issues that shall be taken into consideration include, but are not necessarily limited to the following:

   (1)   Each parcel shall either be served by a public sanitary sewer and wastewater treatment system or be capable of being served by an on-site sewage disposal system, such as a septic system, approved by the Ingham County Health Department;

   (2)   Each parcel shall either be served by a public water system or shall be capable of obtaining adequate potable water from an on-site well approved by the Ingham County Health Department;

   (3)   Unusual topography which may prevent use of portions of a parcel ;

   (4)   Presence of easements or rights-of-way that restrict use of a parcel ;

   (5)   Wetlands , surface water, or floodplains that restrict or prevent use of portions of a parcel ;

   (6)   Soils that are incapable of supporting a foundation for a building ; and

   (7)   The shape of a parcel and/or building footprint with respect to minimum practical dwelling unit dimensions.

      Nothing in items (1) and (2) in the above list shall obligate the township to provide public sanitary sewers, wastewater treatment, or public water utilities.

      A portion of each lot may be occupied by wetlands , ponds, lakes , or floodplains , provided that if such features are present, the proposed lot shall have a minimum of 40,000 square feet of contiguous, accessible, buildable area , unencumbered by such features.

[b]   Exceptions to Height Standards. The height standards shall not apply to certain structures listed in § 2.16.

[c]   Driveway  Setbacks. Driveway  setback requirements only apply to rear and side property lines .

[d]   Setback from Water Bodies. A minimum 60-foot setback shall be maintained from any lake , pond, other open body of water, or wetland , unless a larger setback is required by the Michigan Department of Environmental Quality (MDEQ). This requirement shall apply to all principal, accessory, and other structures , including roads and drainage.

[e]   Measurement of Setbacks. Required front setbacks shall be measured from the existing right-of-way line.

[f]   Modifications to Front Setback Requirements. Where at least 40% of the lots within a block on the same side of the street within a subdivision are developed with buildings having an average front yard with a variation in depth of not more than six feet, the average setback of said lots shall apply to new construction on vacant lots in the block ; provided, that in no instance shall a front yard greater than 50 feet or less than 25 feet be required.

[g]   Minimum Setbacks for Nonresidential Uses. Permitted nonresidential uses shall comply with the setback requirements set forth in Article 8.00 for specific uses. Where setback requirements are not specified in Article 8.00, permitted nonresidential uses shall comply with the minimum setback requirements set forth in the Schedule of Regulations, except that the side yard shall not be less than 20 feet.

[h]   Existing Lots Having a Width of Less Than 70 Feet. For existing lots of less than 70 feet in width, each side yard may be reduced to not less than 10% of the width of the lot , provided that no side yard shall be less than five feet in width.

[i]   Setback on Side Yards Facing a Street. On corner lots there shall be maintained a front yard along each street frontage.

[j]   Parking Setbacks. Off-street parking shall comply with the requirements in § 4.01, subsection B.

[k]   Minimum Requirements for Two-Family Dwellings. Two-family dwellings in the R-1-S district shall comply with the following requirements:

      Minimum Lot Area: 60,000 sq. ft.

      Minimum Lot Width : 180 ft.

      Minimum Floor Area: 700 sq. ft.

      Minimum Side Yard  Setback : 15 ft.

[l]   Minimum Lot Area in Multiple-Family Districts. Sufficient lot area shall be provided to comply with the standards in § 8.03, subsection B.

[m]   Building  Setbacks in Multiple-Family Districts. The minimum distance between any two multiple-family structures  erected on the same lot or parcel shall be determined in accordance with § 8.03, subsection B.

[n]   Parking Setback Adjacent to a Residential District. Off-street parking shall be set back a minimum of 20 feet from any residential district boundary.

[o]   Parking Setback in Multiple-Family Districts. Off-street parking lots in the RM-1 District shall comply with the requirements in § 4.01, subsection B.

[p]   Minimum Floor Area in the RM-1 District.

 

Number of Bedrooms	Required Floor Area (sq. ft.)
0	500
1	500
2	700
3	900
4	1,000
Each additional	100

 

[q]   Exceptions to Height Standards for Agricultural Uses. The maximum height of permitted accessory farm buildings that are essential and customarily used in agricultural operations associated with a bona-fide farm (as defined in § 1.03) shall be 45 feet, except that the maximum height of silos shall be 100 feet, provided that all such accessory farm buildings shall be located at least 100 feet from any residential dwelling other than the dwelling on the lot or parcel where the accessory farm buildings are located.

[r]   Minimum Setback Adjacent to a Residential Use. Buildings in commercial and office districts shall be set back a minimum of 30 feet from any residential district boundary.

[s]   Side Yard  Setback in Certain Commercial Areas. The interior side yard may be reduced to zero where there is party wall construction if such party wall is composed of fireproof materials and provided further that such party wall contains no windows, doors, or other openings. However, if the adjoining property is used for residential purposes, a 30-foot wide side yard  setback shall be provided.

[t]   Front Setback Where a Service Drive is Required. The front yard  setback shall be a minimum of 52 feet on parcels where a front service drive is required.

[u]   Minimum Setback Adjacent to a Residential Use. Buildings in industrial districts shall be set back a minimum of 75 feet from any residential district boundary.

[v]   Front Yard  Setback in Industrial Parks. In industrial park subdivisions that are designed so that lots face each other or both sides of an internal road , the minimum front yard  setback shall be 40 feet, provided that the required front yard is landscaped in accordance with § 5.03, and does not contain any parking or loading facilities.

[w]   Setback Requirements for Outside Storage. If permitted, outside storage in an industrial district shall comply with the requirements in § 22.03.

[x]   Planned Development Regulations. See Article 25.00 and § 29.04 for development standards in the PD, Planned Development District.

[y]   Green Zone Planned Development Regulations. See Article 29.00 for development standards in the GD, Green Zone Planned Development District.

[z]   In the absence of public sanitary sewer service and waste water treatment, development in the R-1 District shall comply with the minimum lot area, lot width , and setback requirements specified for the R-1-S District.

[aa]   Driveways shall be set back four feet in residential developments developed under the Open Space Preservation Option.

[bb]   Accessory Building Standards. See § 2.03 for additional regulations regarding accessory buildings and structures .

[cc]   Attached Accessory Buildings. Unless otherwise specified, accessory buildings that are attached to the principal building shall be considered a part of the principal building for the purposes of determining conformance with dimensional requirements [see § 2.03(B)].

[dd]   Detached Accessory Buildings in Front Yard. Detached accessory buildings are not permitted in the front yard of the R-1 and R-1-S Districts.

[ee]   Detached Accessory Buildings in Front Yard. Detached garages, pole barns, and other accessory buildings may be permitted in the front yard of single-family residences in the RM-1 District and in the front yard of RR, RE, and AG-SF districts, subject to § 2.03(C)(1).

[ff]   Accessory Farm Buildings. The provisions concerning size, height, and location shall not apply to accessory farm buildings , subject to § 2.03(A)(8) and § 8.02(N)(4).

[gg]   Permitted Accessory Buildings in Commercial and Industrial Districts. Buildings for parking attendants, guard shelters, gate houses, and transformer pads may be permitted in the front and side yards of commercial and industrial districts, subject to Planning Commission approval.

[hh]   Setback Increase Based on Height. The side and rear yard  setbacks shall be increased by one foot for every foot in height that an accessory building exceeds 14 feet in the R-1 and R-1-S districts and for single-family detached housing in the RM-1 District.

[ii]   Distance from Other Buildings. Detached accessory buildings shall be located at least ten feet from any building on the site.

[jj]   Exceptions to Height Standards. Antennae and wind generators shall comply with the height standards specified in §§ 2.16 and 2.22.

[kk]   Maximum Lot Coverage - Accessory Buildings. Accessory buildings and structures shall be included in computations to determine compliance with maximum lot coverage standards. In addition, detached accessory buildings shall comply with the requirements in § 2.03(C)(3).

[ll]   Lot Size in AG-C District. Creation of lots or parcels that are less than 40 acres may be permitted in the following instances:

   a.   When the lot or parcel that is less than 40 acres is an entire quarter-quarter section or a half of a half of a quarter section; or

   b.   When the land division creating the new lot or parcel would permit use of the land in accordance with the purposes of the Commercial Agricultural District (see § 18.01) and with the Township Master Plan , and where the existing parent parcel being divided is between 74 and 80 acres. In this instance, a lot or parcel being created through land division may be as small as 35 acres.

[mm]   Dwelling units on lots created after adoption of this regulation shall be set back a minimum of 175 feet from any railroad right-of-way .

[nn]   The purposes of the minimum lot area standards are to achieve adequate open space around and between dwelling units , achieve building  development that is proportional to the size of the lot , provide adequate land on each lot to allow development without the need for variances , preserve the character of the neighborhood and surrounding area, and maintain privacy on each building  lot . This can be accomplished on lots meeting the minimum area standards that are nearly rectangular in shape, but is more difficult to accomplish on irregularly-shaped lots such as those with more than four sides and/or those where a portion of the required lot area is located in one or more appendages or extensions off of the main buildable portion of the lot (such as T-shaped or L-shaped lots ).

   Consequently, any proposal to create a new lot ten acres or smaller in area shall not be permitted if the lot (a) has more than four sides, and (b) is irregularly shaped as a result of an appendage or extension and (c) has less than the minimum lot area required if the area of the appendage or extension is not included in the lot area calculation.

[oo]   Mixed Use Overlay District Regulations. See Article 27.00 for development standards in the MU, Mixed Use Overlay District.

(Ord. passed 7-9-2013)