CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE ADOPTION
AMENDMENT TO ORD. 78,
ARTICLES II AND VII
The Charter Township of Orion Board of Trustees, at the regular meeting of Tuesday, November 1, 2016, to be held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt an ordinance amending the Zoning Ordinance No. 78, Articles II & VII, for the Charter Township of Orion, Michigan; providing for repeal of conflicting ordinances and portions thereof; and providing an effective date.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1 of Ordinance
Pursuant to the provisions of the Michigan Zoning Enabling Act, pursuant to all applicable provisions of law, Articles II & VII are amended by adding the herein after language in the Articles as follows:
ARTICLE II – Construction of Language & Definitions
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Section 2.01 – Definitions
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Room: For the purpose of determining lot area requirements and density in a multiple-family district, a “room” shall include a living room, dining room, or a bedroom each equal to at least eighty (80) square feet in area.
A room shall not include the area in kitchen, sanitary facilities, utility provisions, hallways or storage. Plans presented showing 1, 2, or 3 bedroom units and including a “den”, “library”, or other “extra” room shall count such “extra” room as a bedroom for the purposes of computing density.
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ARTICLE VII – Multiple Family Residential Districts, RM-1 & RM-2
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Section 7.06 – Area and Bulk Requirements
A. Minimum Lot or Parcel Area. Multiple-family dwellings shall not be erected on a lot or parcel of land which has an area of fewer than five (5) acres, excluding existing road right-of-way.
B. Building Bulk and Height. The maximum building height shall be thirty-five (35) feet and two and one-half (2 1/2) stories. The maximum dimension of a building measured in any straight line shall be two hundred (200) feet.
C. Maximum Number of Rooms Dwelling Units Per Acre.
1. The number of dwelling units (du) per acre in the RM Districts shall not exceed the following:
RM-1 = 6 du/acre
RM-2 = 8 du/acre
2. In the RM-1 and RM-2 Multiple Family Districts, the area utilized in the computation of density shall be the total area of the parcel, exclusive of the right-of-way of existing public roads.
1. The maximum number of multiple-family units permitted in a development shall be controlled by the number of rooms permitted per acre according to bedroom type. Rooms are defined in Section 2.01 – Definitions, of this Ordinance.
2. The number of rooms permitted per acre in the RM Districts shall not exceed the following:
RM-1 = 20.1
RM-2 = 22.5
3. For the purpose of computing the number of rooms, each multiple-family unit shall be counted as follows:
a. Efficiency apartment and
one-bedroom unit – 2.75 rooms
b. Two-bedroom unit 3.00 rooms
c. Three-bedroom unit 3.25 rooms
d. Four-bedroom unit 3.50 rooms
4. In the RM-1 and RM-2 Multiple Family Districts, the area utilized in the computation of density shall be the total area of the parcel, exclusive of the right-of-way of existing public roads.
D. Minimum Floor Area/Unit.
1. One bedroom – 500 square feet
2. Two bedrooms – 700 square feet
3. Three bedrooms – 900 square feet 4. Four bedrooms* – 1,000 square feet
*An additional one hundred fifty (150) square feet of floor area shall be provided for each bedroom over and above four (4) bedrooms.
Maximum site coverage – 25%.
E. Minimum distance between buildings and accessory buildings.
1. The minimum distance between any two (2) buildings shall be regulated according to the length and height of such buildings, but in no instance shall this distance be less than thirty-five (35) feet.
2. The formula regulating the minimum distance between two (2) buildings is as follows (see accompanying diagram):
D = [LA + LB + 2 (HA + HB)] ¸ 5
D = Required minimum horizontal distance between any wall of Building A and any wall of Building B or the vertical prolongation of either.
LA = The total length of Building A is the length of that portion or portions of a wall or walls of Building A from which, when viewed directly from above, lines drawn perpendicular to Building A will intersect any wall of Building B.
LB = The total length of Building B is the length of that portion of a wall or walls in Building B from which, when viewed directly from above, lines drawn perpendicular to Building B will intersect any wall of Building A.
HA = The height of Building A at any given level is the height above natural grade level of any portion or portions of a wall or walls along the length of Building A facing Building B.
HB = The height of Building B at any given level is the height above natural grade level of any portion or portions of a wall or walls along the length of Building B facing Building A.
E. Building Setbacks.
1. Unless exceeded by the requirements of Paragraph 2, which follows, all buildings shall have the following minimum setbacks Buildings shall have the following minimum setbacks from the perimeter of the parcel:
a. Front yards – 100 feet
b. All other yards, including side
and rear yards – 50 feet
c. Yards bordering on public streets
on the perimeter of the parcel – 75 feet
d. All other yards, including interior
public streets or easements – 50 feet
2. Side and rear yard setbacks shall be a minimum of seventy-five (75) feet, along those property lines which abut a single-family district, or which abut one-family detached units or lots of an approved PUD plan, and which are not separated from such units, lots, or one-family district by a major thoroughfare or collector street, or where the abutting single-family dwelling unit district is not already developed for a permitted use other than single-family residential, shall be determined by the formula (see accompanying diagram):
S = L + 2H ¸ 2.5
S = The setback required.
L = The total length of a line which, when viewed directly from above, is parallel to the lot line and intersects any part of the building.
H = The height of building facing the property line.
3. If more than one building shall be constructed on the same site, the minimum distance between buildings shall be:
a. When front to rear, front to
front, and/or rear to rear: 70 feet
b. End to end: 30 feet
c. End to front and/or end to rear: 50 feet
4. Accessory buildings (such as carports) that do not exceed fourteen (14) feet in height may be located within the minimum setback areas which do not abut public streets on the perimeter of the parcel or within the minimum distance between buildings, provided that they have setbacks of not fewer than twenty (20) feet.
F. Parking Setbacks.
1. Off-street parking spaces, drives, and aisles shall not be located fewer than twenty (20) feet to any abutting single-family dwelling district. Off-street parking spaces, drives, and aisles may be located within a yard on a public street abutting the perimeter of the parcel, provided that they are set back not fewer than fifty (50) thirty five (35) feet from the future right-of-way line.
2. Off-street parking spaces, drives, and aisles shall not be located fewer than ten (10) feet to all other districts or to any existing permitted use in a single-family dwelling district that is not a single-family dwelling.
3. Off-street parking spaces, aisles, and drives shall not be located closer than twenty (20) feet to any residential building wall containing windows or doors on the ground floor level or below.
4. Carports shall not be located closer than fifty (50) feet to any residential building wall containing windows or doors on the ground floor level or below, unless there is a corner to corner relationship between the building wall and the carport, in which case the minimum distance shall be twenty (20) feet.
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SECTION 2 of Ordinance
All other ordinances or parts of ordinances which are inconsistent or in conflict herewith are hereby repealed to the extent of such inconsistency or conflict.
SECTION 3 of Ordinance
The various parts, sections and clauses of this Ordinance are declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected.
SECTION 4 of Ordinance
This Ordinance shall be published in full in a newspaper of general circulation in the Charter Township of Orion, qualified under State law to publish legal notices, and shall become effective upon publication, as provided by law.
SECTION 5 of Ordinance
This Ordinance is hereby declared to have been adopted by the Board of Trustees of the Charter Township of Orion at a meeting thereof duly called and held on the 1st day of November 2016, and ordered to be given publication in the manner prescribed by the Charter of the Township of Orion.
Complete copies of the proposed Ordinance can be viewed on the Township’s website, www.oriontownship.org and also are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, where they may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday. Written comments may be submitted before the meeting to Penny S. Shults, Clerk, at the address listed above.
Penny S. Shults, Clerk
Charter Township of Orion