§ 38-52. Principal uses permitted.

In an R-1 district, no building or land shall be used and no building shall be erected except for one (1) or more of the following specified uses unless otherwise provided in this chapter:

(1)

One-family detached dwellings;

(2)

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 (5) 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 (1) year immediately prior thereto and for the use and consumption by persons residing on the premises;

(3)

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

(4)

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

(5)

Accessory buildings and uses, customarily incident to any of the above permitted uses and subject to the conditions of section 38-379;

(6)

Private pools shall be permitted as an accessory use within the rear yard only, provided they meet the following requirements:

a.

There shall be a minimum distance of not less than ten (10) feet, between the adjoining property line, or alley right-of-way and the outside of the pool wall.

b.

There shall be a distance of not less than four (4) feet between the outside pool wall and any building located on the same lot.

c.

No swimming pool shall be located less than twenty-five (25) feet from any street line.

d.

No swimming pool shall be located in an easement.

(7)

Bed and breakfast operations as a subordinate use to single-family dwelling units subject to city licensing provisions and a determination by the city planning commission that the applicant has shown proof of historic significance of the dwelling unit. In making the determination, the planning commission shall reference the historic criteria developed and adopted by the commission.

(8)

Family day care home, foster family group homes and foster family homes shall be permitted subject to the following provisions:

a.

For family day care homes only, a minimum of four hundred (400) square feet of usable outdoor play area in the rear or side yard shall be available on the premises.

b.

Such uses are duly licensed by the state department of social services or other equivalent public agencies authorized to license these uses.

c.

Building and lots so used shall conform to all state and local code requirements, except that such uses or structures shall be permitted in buildings and lots which are nonconforming uses or structures as defined in this chapter.

(9)

The establishment and operation of no more than two primary caregivers as defined by the Michigan Medical Marihuana Act, MCL 333.26421 et seq., provided that the dwelling is the primary residence of the caregivers and that the caregivers are in full compliance with said Act. "Primary residence" as used in this subsection means the one (1) family dwelling in which the primary caregiver normally resides. The establishment and operation of more than two (2) primary caregivers in the same dwelling is prohibited. The establishment of more than one (1) primary care giver in a primary residence in R-2, R-T, RM-1 and RM-2 zoning districts is prohibited, Code sections 38-72(1), 38-122(1) and 38-147(1) notwithstanding.

(Code 1977, § 5.3; Ord. No. 428, § 2, 9-17-84; Ord. No. 477, § 1(3), 11-19-90; Ord. No. 721, § 2, 4-18-11)