§ 46-163. Principal uses permitted.

In a one-family residential district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this chapter:

(1)

One-family detached dwellings.

(2)

State licensed residential facilities as required by MCL 125.3206.

(3)

Farms on those parcels of land separately owned outside the boundaries of either a proprietary or supervisor's plat, having an area of not less than five acres, all subject to the health and sanitation provisions of the city and provided further that no farms shall be operated as piggeries, or for the disposal of garbage, sewage, rubbish, offal or rendering plants, or for the slaughtering of animals, except such animals as have been raised on the premises or have been maintained on the premises for at least a period of one year immediately prior thereto, and for the use and consumption by persons residing on the premises.

(4)

Publicly owned and operated libraries, parks, parkways and recreational facilities.

(5)

Cemeteries which lawfully occupied land at the time of the adoption of this Code.

(6)

Public, parochial and other private elementary schools offering courses in general education and not operated for profit.

(7)

Accessory buildings and uses, customarily incident to any of the uses permitted in subsections (1) through (6) of this section.

(8)

Home occupations in any residential district under the following conditions:

a.

It is understood that many occupations use their home as a base of operations, and many businesses begin as small home occupations which are expanded in the future. It is the intention of the city to allow such uses as long as the uses do not adversely affect the peace and quiet of the residential neighborhood, and to encourage their relocation into a commercially zoned area if the business expands beyond the residential constraints.

b.

In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence.

c.

Instructions in craft, fine art, music, dancing and similar subjects shall be limited to six students at a time.

d.

Day care facilities shall be limited to not more than six children; provided that all requirements set by the state department of human services are complied with.

e.

Only residents of the dwelling may be engaged in the home occupation.

f.

No display of products shall be visible from the street, and there shall be no signs other than those permitted by section 46-664.

g.

The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling. No internal or external alterations inconsistent with the residential use of the building shall be permitted.

h.

Use of the dwelling or accessory building for this purpose shall be limited to an area not greater than ten percent of the occupiable floor space of the principal building.

i.

Outside storage shall not be used in connection with the home occupation.

j.

No such home occupation shall be noxious or offensive by reason of emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, interference in radio or television reception, or other objectionable emissions. No unreasonable use of lights shall be permitted.

k.

Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of the home occupation. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood (i.e., no more than one additional vehicle at a time) and any need for parking generated by the conduct of a home occupation shall be met off the street.

l.

The following uses and similar such uses shall be prohibited as home occupations, because the nature of the investment or operations have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of residentially zoned areas: auto repair or painting, barbershop, beauty salon, major carpentry work, patient clinic facility of a doctor or dentist, private schools with organized classes with more than six students, appliance repair and upholstering.

m.

The wholesaling of products shall not be permitted at any home occupation site.

n.

Garage and yard type sales with a duration not more than three days a month are exempt from this section.

o.

The city council may void any home occupation for noncompliance with the conditions set forth herein.

p.

Business uses that are beyond the scope of a customary home occupation/business may be eligible for a special use permit according to article VI of this chapter, pertaining to special land use.

Examples of accessory home occupations/businesses: artists, authors, clothes makers, home crafts, office facilities of clergy, salesmen, professionals, the boarding of not more than two boarders.

(Prior Code, § 5.32; Ord. No. 89-20, 11-6-1989)