GAINES CHARTER TOWNSHIP KENT COUTNY, MICHIGAN ORDINANCE NO. 15-05-TB An ordinance authorizing changes to Chapter 6 Low Density Residential Zoning Districts, of the Gaines Charter Township Zoning Ordinance. The following is the full text of the proposed new Chapter 6. CHAPTER 6 Low Density Residential Zoning Districts Section 6.1 Description and Purpose: This Chapter presents the regulations of two Zoning Districts, the RL-14 Single Family Residential and the RL- 10 Residential. The intent of these districts is to establish low-density residential neighborhoods. The difference between the two is the density that would be permitted in the district. A. Single Family Residential (RL-14): This zoning district is intended to establish and preserve single-family neighborhoods. It permits detached single-family dwellings and recreational, institutional, and educational uses that are both compatible with and convenient to the residents of the district. B. Residential (RL-1O): This zoning district is similar to the RL-14 district as it is intended to establish and preserve predominantly single-family neighborhoods but at slightly higher densities. In both Zoning Districts, there are additional uses that are compatible with the residential character of the district. In addition to the uses permitted in the two districts, such uses include housing for the elderly, assisted living facilities, and nursing homes. Due to their scale, the intent for these districts is that such uses be accomplished through the Planned Unit Development approval process. Chapter 6 Low Density Residential Zoning District Page 1
Section 6.2 Table of Permitted Uses Thefollowing abbreviations apply to the Table ofpermitted Uses P: The use is allowed by right in the district : The use is allowed only jf the Planning Commission grants a Special Use Permit for it after finding for applicable standards in this chapter and Chapter 19. NP. The use is not allowed in the district. Use Detached Single Family Dwelling Attached Accessory Dwelling Two Family Dwelling Residential Child and Adult Care Facilities Zoning Districts Additional RL-14 RL-1O Regulations NP Residential Uses P See Section 19.9 (D) Must have 80 feet of frontage on a primary arterial street, excluding any easements, or must abut property zoned Industrial or Commercial. See Section 20.11 Residential Child and Adult Day Care Facilities Nonprofit Organization Place of Religious Worship Schools P P See Section 19.9 Principal access must be from a primary arterial or collector street. The minimum setback for front, side and rear yards is 50 feet. Maximum lot coverage of all buildings or structures is 35%. Other Uses Home Occupations See Section 20.7 Parks Bed and Breakfast Outdoor Recreational Facilities Public Libraries, Museums, and Community centers Utility Substations, and Switching Stations Private Cemetery or Burial Ground See Section 19.9 (E) Specifically includes athletic grounds, nature preserves, golf courses, riding stables, and playgrounds. See Section 19.9 (L) See Section 19.9 See Section 19.9 See Section 19.9 (F) Kennels See Section 19.9 (J). Chapter 6 Low Density Residential Zoning District Page 2
Section 6.3 Development Standards Development Standard RL-14 Zoning District RI-la Lot Size Single Family 14,000 square feet 10,000 square feet Single Family (without public sewer) 21,780 square feet 21,780 square feet Two-Family n/a 12,000 square feet Two-Family (without public sewer) n/a Lot Width 35,000 square feet Single Family Single Family (without public sewer) Two-Family Two-Family (without public sewer) 80 feet 100 feet n/a n/a Setbacks 80 feet 100 feet 80 feet 150 feet Front Yard Setback Rear Yard Setback Side Yard Setback 35 feet 35 feet 8 feet Minimum Floor Area Maximum Building Height Single Family dwellings Two Family Dwellings Building Requirements One story with full basement: 1080 square feet on first floor. Two story with full basement: 650 square feet on the first floor above grade and 1200 square feet total above grade. All other units (including bi-level and tn-levels): 1200 square feet total living area (includes basement). One story: 720 square feet per dwelling unit. More than one story: 820 square feet per dwelling unit. 35 feet or 2.5 stories, whichever is less. Chapter 6 Low Density Residential Zoning District Page 3
Maximum Area Residential Accessory Buildings Total Building Area Under 200 Square feet 200 Square feet or larger Front Yard Not Permitted Not Permitted Rear Yard Side Yard Maximum Height Additional Standards 0 feet 3 feet 3 feet 8 feet 1.5% of the total l.t area or 1,200 square feet, whichever is less. A Special Use Permit may be available for structures above 1,200 square feet; See Section 20.2 16 feet, as measured in Section 2.3 (D) a. Principal Dwelling: There must be a principle dwelling, or on under substantial construction, on the lot for an accessory building to be permitted. b. Architectural Character: The architectural character of all accessory buildings shall be compatible with and similar to the principle building. Section 6.4 Additional Development Requirements for Plats and Site Condominium Developments A. Housing Model Variety 1. A preliminary plat or a site condominium development shall have a variety of different types of house models. The following table indicates the minimum number of different types of house models for developments of various sizes: Size of Plat or Site Condo Development 3-8 units 9-19 units 20-49 units 50 or more units Minimum Number of House Models 2 3 4 5 2. Each house model shall have multiple characteristics that clearly distinguish it from the other house models, such as different exterior materials, rooflines, garage placement, architectural style, number of stories, and or building face. 3. No more than two of the same house model can be located adjacent to one another. 4. The applicant must submit the elevations and floor plans for the models in a development with the preliminary plat application. The Planning Commission shall use the guidelines in Subsection 1 to decide whether a model constitutes a separate model. After the preliminary plat is approved, the Zoning Administrator or designee can approve additional models or changes to models. Chapter 6 Low Density Residential Zoning District Page 4
B. Possible Reduced Minimum Lot Sizes in Plats and Site Condominiums that Include Parks, Open Spaces, and/or Trails. The Township recognizes that parks, open spaces, and trails contribute to good neighborhoods. Therefore, the Planning Commission and Township Board can approve reduced minimum lot area and widths when land in a project is set aside as parks and or open space if each finds that the inclusion of the parks, open spaces, or trails will contribute to a better overall development. Reduced Minimum Lot Requirements: If the standards of the following Subsection 2 are met, the lot requirements for all or some of the lots in a development can be reduced to the following: Zoning listrict Reduced Minimum Lot Area Reduced Minimum Lot Width RL-1O 8,000 square feet 70 feet RL-14 11,200 square feet 70 feet 2. Standards for When Reduced Minimum Lot Requirements Are Allowed: Some or all of the lots in a development can be based on the above reduced minimum lot requirements in the following situations: a. Ifmore than 10% ofthe site is designatedfor park or open space. All the lots in a development can be based on the reduced lot requirement if the following standards are met: iv. i. Ten percent of the site, excluding wetlands and other undevelopable areas, must be developed as parks or preserved as open space. ii. iii. The intent is that the open space be designed to be easily accessible and provide recreational opportunities for all residents and not be the area left over after lots are situated. Therefore, all lots must be within 660 feet of a park and all parks open space areas must have access to a street. All parks and open space must offer some type of recreational opportunities, whether active or passive. There must be a balance between parks offering active recreational opportunities (playgrounds, sports fields, etc.) and open space developed for passive recreational use. A community center can count as a park. The applicant must provide information for how the parks open space will be maintained. Chapter 6 Low Density Residential Zoning District Page 5
b. Ifless than 10% ofthe site is designatedfor parks and open space: If the amount of park area is between 1% and 10% of the total site area, a percentage of the lots in a development can be based on the reduced minimum lot requirements: Zoning District Formula rtotal Park Area in Square Feet x=( 2000 lxloo RL-1o Number of Units I X = Permitted Percentage of Lots with Reduced Area RL-14 itotal Park Area in Square Feet x=( 2800)xlOO \. Number of Units I X = Permitted Percentage of Lots with Reduced Area Example: Ifan applicant proposes to include 20,000 square feet ofpark area in a 40- lot development in the RL-10 zoning district, the minimum lot areafor 25% of the lots would be 8000 square feet. ((20,000 square feet 40 units) 2000 square feet) * 100 25%.) The parks must meet the following standards: i. The parks must offer active recreational opportunities, such as playgrounds or sports fields. ii. A community center can count as a park. iii. The parks must be designed to be easily accessible to the residents of the development. Chapter 6 Low Density Residential Zoning District Page 6
3. Trails: For properties located in the Non-Motorized Transportation Area as identified in the Township Master Plan, the Planning Commission and Township Board may allow up to 1000 of the lots in a development to be based on the reduced minimum yard requirements if the developer constructs a portion of the trail system on the site. To receive the full 100o bonus, the constructed trail must substantially contribute to the non-motorized transportation network. The Planning Commission and Township Board may allow a lesser bonus where appropriate. If a site is outside of the identified Non-Motorized Transportation Area but the Planning Commission and Township Board find that a trail through the site is the best possible route, the Planning Commission and Township Board may still grant the bonus. The Planning Commission and Township Board must find that the trail construction standards are acceptable before granting the bonus. 4. Whenever reduced lot sizes are being requested, the applicant must include calculations as part of the application packet to support the proposed reductions. The foregoing Ordinance was offered for adoption by Board Member Tim Haagsma and was supported by Board Member Carol VanLaan, the vote being as follows: YEAS: VanLaan, Haagsma, Lemke, Osterink, Hilton, Fryling, Fouch NAYS: None ABSENT: None Ordinance Declared Adopted. Crystal Osterink, Clerk Gaines Charter Township L~ ~7.ciJ~ Don R. Hilton,., Supervisor Gaines Charter Township Chapter 6 Low Density Residential Zoning District Page 7
CERTIFICATE OF TOWNSHIP CLERK I hereby certify that the foregoing is a true and complete copy of an Ordinance introduces by the Township Board of the Charter Township of Gaines, County of Kent, State of Michigan at a meeting held on June 8, 2015. I further certify that public notices on said meetings were given pursuant to the Open Meetings Act, being Act No. 267, Public Acts of Michigan, 1976, as amended, including in the case of a special or rescheduled meeting, notice by posing at leave (18) hours prior to the time set for said meeting. I further certify that said Ordinance has been recorded in the Ordinance Book of the Township and such recorded has been authenticated by the signatures of the Supervisor and the Township Clerk. CERTIFICATE OF PUBLICATION Crystal Osterink, Clerk Gaines Charter Township I, Crystal Osterink, Township Clerk of the Charter Township of Gaines, County of Kent, State of Michigan, hereby certify the ORDINACNE NO. 15-05-TB was introduced at a Planning Commission meeting on May 28, 2015 and a notice of its posting was published in The SE and SWAdvance on May 9, 2015. The ordinance was adopted at a Township Board Meeting on June 8, 2015 and a notice of its posting was published in The SE & SW Advance on June 21, 2015 within fifteen (15) days after its adoption and will become effective seven (7) days after the second publication. Crystal Osterink, Clerk Gaines Charter Township Chapter 6 Low Density Residential Zoning District Page 8