ARTICLE VIII:   RESIDENTIAL DISTRICTS

 

Section 8.01                 RR: Rural Residential District

 

A.         Intent: It is the intent of the Rural Residential District (RR) to provide for a variety of comparatively low density residential lifestyles in a manner which preserves the important open spaces and natural resources of the Township and the Township's rural character. The expanses of open spaces and natural resources, including woodlands, wetlands, hillsides, and fields, comprise the fundamental rural character of the Township which residents of the Township wish to protect and enhance for future generations. Permitted land uses within this District are established based on the limited availability of public services. Where higher density is allowed, certain facilities are required to accommodate the increased public needs. The Rural Residential District includes a considerable number of existing farms and recognizes this land use for its important contribution to the local economic base, to the provision of food and fiber for the State's citizens, and for the historical character and open spaces it provides. It is not the intent of this District to encourage the conversion of agricultural lands to more intensive uses, but to provide opportunities for residential development in a manner compatible with the continuation of agricultural activities. However, neither is it the intent of this District to encourage the establishment of more intensive agricultural uses, such as confined livestock operations, which are incompatible with residential use of adjoining lands.

 

B.         Uses Permitted By Right:

 

1.         Single-family dwellings.

 

2.         Agricultural buildings and agricultural operations involving no more than two hundred (200) animal units at a density not to exceed 1.4 animal units per acre.

 

3.         Landscape nursery operations, including retail sales of nursery stock grown on the premises. Christmas tree sales associated with nurseries in this District need not comply with the requirements of Section 6.06.E.

 

4.         Public or private conservation areas, parks, game refuges, and similar uses.

 

5.         Family day care homes.

 

6.         Adult foster care small group homes.

 

7.         Accessory buildings.

 

C.         Permitted Accessory Uses:

 

1.         Accessory uses or structures, clearly incidental to the operation of an existing farm, including:

 

a.         Agricultural buildings, pole barns, sheds, and similar structures customarily incidental to the permitted principal use.

 

b.         Outdoor storage of equipment and materials limited to farm machinery, implements, and related material provided that such storage does not constitute junk nor create a nuisance for abutting property owners. Storage activities shall be subject to the minimum setback requirements of the District.

 

            2.         Uses typically associated with single-family residences, including swimming pools and automobile parking.

 

3.         Home Occupation Class I.

 

D.         Uses Permitted By Right Subject to Special Conditions

 

1.         Private stables subject to the following conditions:

 

a.         A minimum of three (3) acres must be provided for the first horse, and an additional one-half (½) acre must be provided for each additional horse not to exceed six (6) horses. 

 

b.         Foals born on parcels where horses are presently kept may be kept on said parcel for two (2) years even though such additional horses may increase the number of horses on such parcel beyond the acreage limitation, but in no case shall there be more than one (1) horse and one (1) foal per one-half acre.

 

c.         No agricultural building for housing animals, pens or corrals shall be located closer than seventy five (75) feet from any lot line or closer than seventy five (75) feet from an existing and adjacent dwelling unit or from any road right of way.  Pastures may be fenced to the perimeter of the property line, providing that they meet the definition of a pasture.

 

d.         Private stables shall only house horses owned by the owner of the property.

 

e.         Private stables shall be operated in conformance with all applicable county, state and federal regulations.

 

f.          All animals shall be maintained in a healthy condition and carefully handled.

 

g.         Agricultural buildings, pens, corrals and pastures shall be maintained so that odor, dust, noise or water drainage shall not constitute a nuisance or hazard to adjoining premises. 

 

h.         Inspections of stables may be conducted at any reasonable time by authorized Township representatives or by any other state or local agency having authority to conduct an inspection.

 

i.          Manure shall be stored, removed, and/or applied to the soil in accordance with Michigan Department of Agriculture and Livingston County Health Department regulations.

 

j.          An enclosed structure is required and must have at least one 10’ x 10’ stall for every two horses.  Shelter shall be provided for all horses, which may include but not be limited to a lean to or wind block of adequate size for animals to get out of inclement weather.

 

k.         No living quarters shall be located in any arena building or stable.

 

2.         Hobby kennels subject to the following conditions:

 

a.       A hobby kennel shall be on a lot with a minimum size of 1 acre for the first three (3) animals and one-third (1/3) acre shall be required for each additional dog with a limit of ten (10) dogs.

 

b.       Hobby kennels shall only house dogs owned by the occupant of the dwelling unit.

 

c.       All kennels shall be operated in conformance with all applicable county, state, and federal regulations.

 

d.       Habitual barking or unusual noise from the kennel, which results in a nuisance to neighboring landowners or residents, is prohibited.  The intensity of level of sounds shall not exceed seventy-five (75) decibels at the lot line of industrial uses; sixty-five (65) decibels at the lot line of commercial uses; and fifty-five (55) decibels at the common lot line when adjacent to residential uses and residential districts.  The sound levels shall be measured with a type of audio output meter approved by the United States Bureau of Standards.

 

e.       All dogs must be licensed and maintained in a healthful manner.

 

f.         Dogs shall be kept confined and not allowed to run at large on the property, except as part of supervised training.

 

g.       Runs and/or exercise areas and buildings where the dogs are maintained shall be located in the side and/or rear yard only.  Kennel runs shall be screened by a solid fence, evergreen screen or wall, which is at least six (6) feet in height.  The wall of the principle building or an accessory structure may be submitted for the required screening wall if such wall screens the view of the kennel run from adjacent property.

 

h.       Accessory buildings where dogs are kept, runs, and exercise areas shall not be located nearer than fifty (50) feet to any adjacent residential lot line.

 

i.         The premises shall be kept in a clean and sanitary manner to prevent the accumulation of flies, the spread of disease, or offensive odor.

 

j.         Dog odors shall not be detectable beyond the lot lines of the property in which the kennel is located.

 

k.       Dust and drainage from the kennel enclosure shall not create a nuisance or hazard to adjoining property or uses.

 

l.         Exercise yards, when provided for training or exercising, shall not be used between the hours of 10:00 p.m. and 7:00 a.m.  During the hours between 7:00 a.m. and 10:00 p.m., dogs shall be permitted in outdoor runs or pens.  Dogs shall be confined and not allowed to run at large on the property, except as part of supervised training.

 

E.         Uses Permitted By Special Use Permit: (See specific provisions in Article XVII)

 

1.         Public facilities, including municipal buildings, schools, libraries, recreational facilities, and similar uses and activities.

 

2.         Public, parochial, and private elementary, intermediate and/or high schools, and institutions of higher learning, offering courses in general education.

 

3.         Agricultural processing and distribution.

 

4.         Bed and breakfast establishments.

 

5.         Campgrounds.

 

6.         Cemeteries and/or mausoleums.

 

7.         Child care centers.

 

8.                   Churches or religious institutions.

 

9.         Commercial kennels.

 

10.        Communication towers.

 

11.        Excavation operations.

 

12.        Farm markets.

 

13.        Group day care homes.

 

14.        Golf courses and country clubs.

 

15.        Private recreational facilities.

 

16.        Stables (Commercial).

 

17.        Shooting ranges, including gun, rifle, skeet, trap, pistol and archery clubs.

 

18.        Veterinarian clinics.

 

19.        Community wastewater utility systems, as defined by Section 3.02 of this ordinance, subject to the standards found in Section 17.31.

 

20.        Home Occupations Class II.

 

F.         Site Development Requirements: The following minimum and maximum standards shall apply to all uses and structures in the RR: Rural Residential District unless they are specifically modified by the provisions of Article VI: General Provisions; Article XVII: Standards for Specific Special Land Uses; or Article XVIII: Planned Unit Developments, or as varied pursuant to Article V, Zoning Board of Appeals.

 

1.         Minimum Lot Area:

 

a.         Unplatted Parcel Division: No building or structure shall be established on a parcel less than two (2) acres.

 

b.         Platted Lot or Condominium Unit: No building or structure shall be established on a lot or unit less than (1) acre.

 

2.         Minimum Frontage:

 

a.         Unplatted Parcel Division: Each parcel shall have a frontage of not less than one hundred fifty (150) feet.

 

b.         Platted Lot or Condominium Unit: Each lot or unit shall have a frontage of not less than one hundred twenty (120) feet.

 

3.         Yard and Setback Requirements:

 

a.         Front yard: Seventy (70) feet from the road right-of-way line, except that a setback of one hundred (100) feet from the Pinckney Road right-of-way line shall be required.

 

b.         Side yards: Fifteen (15) feet.

 

c.         Rear yard: Twenty-five (25) feet.

 

d.         No agricultural buildings for housing animals, pens, or corrals shall be located closer than two hundred (200) feet from all lot lines or less than one hundred fifty (150) feet from all street right-of-way lines; provided further than the minimum side yard setback shall be reduced one (1) foot for each additional foot that the barn, pen or corral is set back from the existing right-of-way over one hundred fifty (150) feet; provided further that the side yard setback shall not be reduced below a minimum of fifty (50) feet.

 

4.         Maximum Lot Coverage: Thirty-five (35) percent.

 

5.         Maximum Height: Unless otherwise provided in this Ordinance, no principal building shall exceed a height of thirty-five (35) feet measured from the finished grade.

 

6.         The Planning Commission may require a landscaped, greenbelt buffer that shall consist of, but not be limited to, trees, shrubs, grasses and herbaceous vegetation, exclusive of noxious weeds, where the impact of a proposed development will have a negative impact on an existing, abutting parcel or parcels.  If such a greenbelt is required, it shall be a twenty-five (25) foot wide landscaped greenbelt buffer established alongside and between the boundaries of the proposed development and any existing abutting parcels the Planning Commission determines could be negatively affected by the proposed development.  A fifty (50) foot wide greenbelt shall be established adjacent to any public road right of way which is not located within the project.

 

            The area of the required greenbelt, which lies within the boundaries of a lot or unit, applies to the area calculation for that lot or unit.  The required greenbelt areas shall be maintained perpetually in natural vegetation or landscaping, as provided above, to provide a visual buffer.  The Planning Commission may modify this requirement at the end of stub streets and along phasing boundaries, provided that the intent of this Section is maintained.

 

7.         No lots or units shall be permitted driveway access from a road that is not an interior private road of the plat, condominium or development.

 

8.         Provisions of Article XIV: Parking and Loading Requirements.

 

9.         Provisions of Article XV: Signs.

 

Section 8.02     SR: Suburban Residential District

 

A.         Intent: It is the intent of the Suburban Residential District (SR) to provide opportunities for higher density residential development typically associated with a suburban land use pattern. This district includes areas of the Township, which are currently served by a higher level of public services as compared to most of the balance of the Township, and these additional services permit a higher intensity of residential development while protecting the public health, safety, and welfare. This District is intended to implement the planned future land use pattern of the Marion Township Comprehensive Plan in the northern portion of the Township where a Suburban Residential Area is proposed and intended to accommodate residential developments of a density of one (1) dwelling unit per .75 acre or greater. The Suburban Residential District is intended to both permit the development of suitable vacant land for residential purposes while also preserving the residential character of existing area neighborhoods.

 

B.         Uses Permitted By Right:

 

1.         Single-family dwellings.

 

2.         Family day care homes.

 

3.         Adult foster care small group homes.

 

4.         Accessory buildings.

 

C.         Permitted Accessory Uses:

 

1.         Uses typically associated with single-family residences, including swimming pools and automobile parking.

 

2.         Home Occupation Class I.

 

D.         Uses Permitted By Right Subject to Special Conditions:

 

1.         Private stables subject to the following conditions:

 

a.         A minimum of three (3) acres must be provided for the first horse, and an additional one-half (½) acre must be provided for each additional horse not to exceed four (4) horses.

 

b.         Foals born on parcels where horses are presently kept may be kept on said parcel for two (2) years even though such additional horses may increase the number of horses on such parcel beyond the acreage limitation, but in no case shall there be more than one (1) horse and one (1) foal per one-half acre.

 

c.         No agricultural building for housing animals, pens or corrals shall be located closer than seventy five (75) feet from any lot line or closer than seventy five (75) feet from an existing and adjacent dwelling unit or from any road right of way.  Pastures may be fenced to the perimeter of the property line, providing that they meet the definition of a pasture.

 

d.         Private stables shall only house horses owned by the owner of the property.

 

e.         Private stables shall be operated in conformance with all applicable county, state and federal regulations.

 

f.          All animals shall be maintained in a healthy condition and carefully handled.

 

g.         Agricultural buildings, pens, corrals and pastures shall be maintained so that odor, dust, noise or water drainage shall not constitute a nuisance or hazard to adjoining premises. 

 

h.         Inspections of stables may be conducted at any reasonable time by authorized Township representatives or by any other state or local agency having authority to conduct an inspection.

 

i.          Manure shall be stored, removed, and/or applied to the soil in accordance with Michigan Department of Agriculture and Livingston County Health Department regulations.

 

j.          An enclosed structure is required and must have at least one 10’ x 10’ stall for every two horses.  Shelter shall be provided for all horses, which may include but not be limited to a lean to or wind block of adequate size for animals to get out of inclement weather.

 

k.         No living quarters shall be located in any arena building or stable.

 

2.         Hobby kennels subject to the following conditions:

 

a.         A hobby kennel shall be on a lot with a minimum size of 1 acre for the first three (3) dogs and one-third (1/3) acre shall be required for each additional dog with a limit of ten (10) dogs.

 

b.         Hobby kennels shall only house dogs owned by the occupant of the dwelling unit.

c.         All kennels shall be operated in conformance with all applicable county, state, and federal regulations.

 

d.         Habitual barking or unusual noises from the kennel, which results in a nuisance to neighboring landowners or residents, is prohibited.  The intensity of level of sounds shall not exceed seventy-five (75) decibels at the lot line of industrial uses; sixty-five (65) decibels at the lot line of commercial uses; and fifty-five (55) decibels at the common lot line when adjacent to residential uses and residential districts.  The sound levels shall be measured with a type of audio output meter approved by the United States Bureau of Standards.

 

e.         All dogs must be licensed and maintained in a healthful manner.

 

f.          Dogs shall be kept confined and not allowed to run at large on the property, except as part of supervised training.

 

g.         Runs and/or exercise areas and building where the dogs are maintained shall be located in the side and/or rear yard only.  Kennel runs shall be screened by a solid fence, evergreen screen or wall, which is at least six (6) feet in height.  The wall of the principle building or an accessory structure may be submitted for the required screening wall if such wall screens the view of the kennel run from adjacent property. 

 

h.         Accessory buildings where dogs are kept, runs and exercise areas shall not be located nearer than fifty (50) feet to any adjacent residential lot line.

 

i.          The premises shall be kept in a clean and sanitary manner to prevent the accumulation of flies, the spread of disease, or offensive odor.

 

j.          Dog odors shall not be detectable beyond the lot lines of the property in which the kennel is located.

 

k.         Dust and drainage from the kennel enclosure shall not create a nuisance or hazard to adjoining property or uses.

 

l.          Exercise yards, when provided for training or exercising, shall not be used between the hours of 10:00 pm and 7:00 am.  During the hours between 7:00 am and 10:00 pm, dogs shall be permitted in outdoor runs or pens.  Dogs shall be confined and not allowed to run at large on the property, except as part of supervised training.

 

E.         Uses Permitted By Special Use Permit:

 

1.         Public facilities, including parks, municipal buildings, schools, libraries, recreational facilities, and similar uses and activities.

 

2.         Public, parochial, and private elementary, intermediate and/or high schools, and institutions of higher learning, offering courses in general education.

 

3.         Bed and breakfast establishments.

 

4.         Cemeteries and/or mausoleums.

 

5.         Child care centers.

 

6.         Churches and religious institutions.

 

7.         Communication towers.

 

8.         Group day care homes.

 

9.         Golf courses and country clubs.

 

10.        Kennels.

 

11.        Private recreational facilities.

 

12.        Two-family dwellings.

 

13.        Community wastewater utility systems, as defined in Section 3.02 of this ordinance, subject to the standards found in Section 17.31.

 

14.        Home Occupations Class II.

 

F.         Site Development Requirements: The following minimum and maximum standards shall apply to all uses and structures in the SR: Suburban Residential District unless they are specifically modified by the provisions of Article VI: General Provisions; or Article XVII: Standards for Specific Special Land Uses; or as varied pursuant to Article V: Zoning Board of Appeals.

 

1.         Minimum Net Lot Area:

 

a.         No building or structure shall be established on a parcel less than 32,670 square feet (0.75 acre).

 

b.         A building or structure with public sewer may be established on a parcel of not less than 20,000 square feet providing the frontage of said parcel is not on a major thoroughfare.

 

(Amended 3-25-03)

 

            2.         Minimum Frontage:

           

a.         Unplatted Parcel Division: Each parcel shall have frontage of not less than one hundred twenty (120) feet where public sewer is not available. Where public sewer is available, one hundred (100) feet minimum frontage is required.

 

b.         Platted Lot or Condominium Unit: Each lot or unit shall have a frontage of not less than one hundred (100) feet where public sewer is not available. Where public sewer is available, eighty-five (85) feet of frontage is required.

 

3.         Yard and Setback Requirements:

 

a.         Parcel Splits

 

1)         Front yard: Seventy (70) feet from the road right-of-way line.

 

2)         Side yard: Fifteen (15) feet.

 

3)         Rear yard: Twenty-five (25) feet.

 

4)         In no case shall any setback be less than one hundred (100) feet from the Pinckney Road right-of-way line.

 

b.         Subdivisions and Single-Family Condominium Projects

 

1)         Front yard: Thirty-five (35) feet from the road right-of-way line.

 

2)         Side yard: Fifteen (15) feet.

 

3)         Rear yard: Twenty-five (25) feet.

 

4)         In no case shall any setback be less than one hundred (100) feet from the Pinckney Road right-of-way line.

 

4.         Maximum Lot Coverage: Thirty-five (35) percent.

 

5.         Maximum Height: Unless otherwise provided in this Ordinance, no principal building shall exceed a height of thirty-five (35) feet measured from the finished grade.

 

6.         The Planning Commission may require a landscaped, greenbelt buffer that shall consist of, but not be limited to, trees, shrubs, grasses and herbaceous vegetation, exclusive of noxious weeds, where the impact of a proposed development will have a negative impact on an existing, abutting parcel or parcels.  If such a greenbelt is required, it shall be a twenty-five (25) foot wide landscaped greenbelt buffer established alongside and between the boundaries of the proposed development and any existing abutting parcels the Planning Commission determines could be negatively affected by the proposed development.  A fifty (50) foot wide greenbelt shall be established adjacent to any public road right of way which is not located within the project.

 

            The area of the required greenbelt, which lies within the boundaries of a lot or unit, applies to the area calculation for that lot or unit.  The required greenbelt areas shall be maintained perpetually in natural vegetation or landscaping, as provided above, to provide a visual buffer.  The Planning Commission may modify this requirement at the end of stub streets and along phasing boundaries, provided that the intent of this Section is maintained.

 

7.         No lots or units shall be permitted driveway access from a road that is not an interior private road of the plat, condominium or development.

 

8.         Provisions of Article XIV: Parking and Loading Requirements.</