This district is intended to provide a setting for single-family
residential uses, together with such related uses as schools, churches
and recreational uses. The regulations are designed to encourage a
residential environment of compatible low density dwellings located
on individual lots.
The following are the principal permitted uses by right within
an R-1 District.
A.
Single-family dwelling structures not to exceed one single-family dwelling per lot subject to Article III.
B.
Public parks, public playgrounds, public recreational grounds, and
grounds for games and sports, except those the chief activity of which
is carried on, or is customarily carried on, as a business.
C.
Religious uses, providing the site shall have a minimum lot size
of four acres.
E.
Housing for religious personnel, when attached to the religious use.
H.
General farming.
The following uses of land and structure may be permitted in the R-1 Districts by application for an issuance of a special land use permit when all the procedural requirements specified in Article XII, together with all applicable standards as cited in Article XII, are met.
A.
Institutional uses for human care, education and social institutions,
as well as public buildings and service installations, excluding facilities
for the treatment of drug and alcohol, and incarceration facilities.
C.
Golf courses and country clubs and associated accessory uses.
D.
Public utility transformer stations and substations, as well as gas
regulator stations.
E.
Cemeteries, public and private.
F.
Residential planned unit development.
B.
Minimum yard requirements.
(1)
Each lot shall have a minimum front yard depth of 45 feet from the
road right-of-way.
(2)
Each side yard shall be at least 15 feet deep.
(3)
Each lot shall have a minimum rear yard of 25 feet.
(4)
In the case of a corner lot, the side yard on the street side shall
not be less than 45 feet, but shall not reduce the buildable width
of any lot to less than 50 feet.
C.
Minimum floor area per dwelling unit. Each dwelling unit shall have
a minimum finished living area of 1,200 square feet.
E.
Maximum lot coverage. A maximum of 25% of the lot may be covered
by all buildings.
A.
A developer who wishes to pursue a cluster development shall submit two concept plans for review by the Zoning Administrator and the Planning Commission. These concept plans shall be prepared in accordance with the site plan requirements in Article XIII and the following additional requirements:
(1)
Density concept. One concept plan shall portray the development of
the dwelling units on the site according to the requirements for the
zoning district in which the site is located, with respect to lot
area, width, setbacks, and all other dimensional requirements. The
proposed density must be realistic in terms of the project area that
would actually be buildable. Wetlands, floodplains, areas that are
reserved for roads or utility easements, and other areas that are
unbuildable shall be excluded from the project density calculations.
(2)
Open space concept. The other concept plan shall portray the development
of the dwelling units in a manner so that at least 50% of the land
area of the site will perpetually remain in an undeveloped state.
The open space concept plan shall contain the same number of dwelling
units as the density concept plan.
(3)
Project narrative. The applicant shall provide a written narrative
that explains the project and its benefits. The narrative should specifically
address all elements of the project that would not comply with the
zoning district regulations that would apply to the density concept
plan.
(4)
Long-term maintenance plan and maintenance schedule. The applicant
shall provide a written narrative that details the proposed maintenance
plan for the portion of the property to remain undeveloped. The plan
should detail the specific maintenance that will occur, how often
and how it will be perpetually funded.
B.
Approval standards. The following requirements, in addition to the
general standards contained within this chapter, must be met:
(1)
Water supply and wastewater disposal. The proposed development will
comply with all requirements of the Midland County Department of Public
Health for residential water supply and wastewater disposal.
(3)
Creation of open space. At least 50% of the project land area will
remain perpetually in an undeveloped state, as previously defined
in this section, by means of conservation easement, plat dedication,
restrictive covenant, or other legal means that runs with the land
and that is acceptable to the Township. The conservation easement,
plat dedication, restrictive covenant or other legal means must include
the maintenance agreement as proposed by the developer and approved
by the Township. Failure to maintain the property as agreed is equal
to a failure to abide by this chapter and the approval of the Planning
Commission. Furthermore, the conveyance should provide for the assessment
of the private property owners by the Township for the cost of maintenance
of the open space in the event that it is inadequately maintained
and becomes a public nuisance.
(4)
Maintenance of open space. The open space as identified and approved in the open space development must be maintained as agreed and identified in the narrative submitted under § 300-43A(3). As part of the special land use approval, the owner or owners of the open space development agree to provide access to the Township Zoning Administrator to inspect the maintenance of the open space. Approval of this open space development special land use provides the Township the right, after inspection and request of the developer, to provide maintenance of the open space area as specified within the approval at a cost of the maintenance to the Township, plus 25%. These costs will be distributed among the property owners within the development by special assessment.
