ARTICLE VIII R-1 Residential, R-1M Residential Mixed Use Option and R -1M(r) Mixed Residential Option Districts
§ 430-46. Distinction between districts.

[Amended 11-23-1982 by Ord. No. 69:82]

R-1, R-1M and R-1M(r) Districts are differentiated one from the other whereby a mixed land use option may be permitted only in the R-1M District and a mixed residential option may be permitted only in the R-1M(r) District.

§ 430-47. Permitted uses.

No building, structure or premises shall be used and no building or structure shall be erected or structurally altered, except for the following uses:

A. Single-family detached house.

B. A building used for horticultural, agricultural or dairying purposes, poultry or domestic animal-raising, provided that no building for the housing of cows, calves, bulls, horses, sheep, goats and birds or any building for the housing of hogs, hog pen, hog run or enclosure shall be within 100 feet of any side or rear lot line nor within 200 feet of any front lot line; that no fertilizer or manure shall be heaped, piled or stored within 100 feet of any side or rear lot line nor within 400 feet of any front lot line; that no building of more than two stories in height, run or enclosure for the housing or keeping of fowl having 60 square feet of floor space or less shall be within 15 feet of any side or rear lot line nor within 100 feet of any front lot line, which side and rear requirements shall be increased one foot and front yard requirements five feet, respectively, for each additional 60 square feet of floor space or fraction thereof, together with an additional fifty-foot setback for each story that the building housing fowl is over two feet in height (separate buildings to be cumulative as to the number of square feet for rear, side and front yard requirements); provided, however, that the maximum side and rear yard requirements shall be 200 feet and maximum front yard requirements 400 feet plus 50 feet for each story above two stories as hereinabove set forth, provided that no animals or poultry may be kept nor maintained unless adequate shelter is provided, and provided further that any structure erected for any of the foregoing purposes shall be accessory to a residential dwelling. Any uses permitted in this subsection shall be limited to an area of not less than five acres.

C. (Reserved)

D. (Reserved)

E. Public community center building, auditorium, public library, public museum, public art gallery, public park or playground or other like place of public assembly not conducted for gain or profit.

§ 430-48. Prohibited uses.

[Added 3-12-1985 by Ord. No. 85:12; 9-28-1988 by Ord. No. 88:47]

A. As specified in § 430-39.

B. Sludge-composting facilities owned or operated by political subdivisions of the state in their proprietary capacity for commercial purposes.

§ 430-49. Accessory uses.

The following accessory uses shall be permitted:

A. Any uses permitted in § 430-40, subject to the terms and conditions set forth therein.

§ 430-50. Conditional uses.

The following conditional uses shall be permitted:

A. Any uses permitted in § 430-41, subject to the terms and conditions set forth therein.

B. Mixed land use option in the R-1M District only and subject to the regulations as set forth in Article XXXVI.

C. Multifamily dwellings, as defined in § 430-8, in the R-1M District only and subject to the requirements as set forth hereinafter: [Added 6-12-1984 by Ord. No. 84:25]

(1) The minimum land area required to qualify for development shall be 35 acres.

(2) The maximum gross density (dwelling units per acre) shall be 10 units per acre.

(3) The maximum building height shall be six stories.

(4) The minimum percent of required open space of the total area of the tract shall be 75%.

(5) The minimum distance between structures shall be 150 feet.

(6) The minimum setback from all property lines shall be 150 feet.

(7) The minimum off-street parking requirements shall be two spaces per unit.

(8) A minimum of 50% of the required off-street parking shall be garage parking.

D. The operation of a public or private nonprofit school or child-care center, subject to the requirements of § 430-41B. [Added 12-12-1989 by Ord. No. 89:72]

§ 430-51. Height, area and yard requirements.

Height, area and yard requirements shall be as specified in the schedule of regulations in Article VI, except as hereafter provided.

§ 430-52. Permitted modifications.

A. In cases where access to a given parcel or lot is by means of a private driveway or right-of-way leading from an approved public road, the frontage requirement provided shall be waived; provided, however, that this provision shall not apply when the parcel or lot is situated more than 250 feet from the public thoroughfare, and further provided that the private driveway or right-of-way shall serve no more than two parcels or lots and shall be improved in accordance with Chapter 225, Land Use, Subdivisions and Site Plans.

B. Variable lot size provision. In a major subdivision application, variable lot sizes may be approved by the Planning Board. The lot sizes may be varied to the extent that not to exceed 35% of the lots may have areas of not less than 25,000 square feet each and a width of not less than 150 feet if sufficient of the remainder of the lots are increased in area so that the average lot size will be not less than 40,000 square feet. The Planning Board, in passing on such plat, shall consider the physical and structural characteristics, including the topography of the land comprised in the subdivision, and determine that variation in lot size will provide a better layout of the subdivision and a better use of the land for building sites than would a uniform lot size. The subdivider shall submit a plat map showing the development according to the requirements of the R-1 District as shown in the schedule in Article VI and another plat map showing the development as modified In accordance with this section. In no event shall the density of development throughout the subdivision exceed the exact number of lots that would have been permitted to be built if such development had proceeded on the basis of 40,000 square feet per lot with a width of not less than 200 feet.

C. Open space density modification. In order to preserve and protect natural woodlands and waterways and further to provide that open space area is available to future residents, concurrent with residential development in a major subdivision, the lot size of any one or more lots may be less than 40,000 square feet and have a width of not less than 200 feet, but in no event shall any lot be less than 25,000 square feet in area and have a width of lot of less than 150 feet, if the following conditions and regulations are met:

(1) Plat map. The subdivider shall submit a plat map showing the development according to the requirements of the R-1 Schedule in Article VI and another plat map showing the development as modified in accordance with this section.

(2) Approval. If lands are proposed to be dedicated to the Township or homeowners' association, the Planning Board shall condition final approval upon acceptance of such land by the Township Council or establishment of a homeowners' association, as the case may be.

(3) Dedication. All open space areas of the tract being subdivided shall be dedicated and conveyed by the owner, in fee simple absolute, by a good and sufficient deed.

(4) Application requirement. All approvals for such major subdivisions as permitted hereunder, together with the standards of dedication and sanitary approval, shall be in accordance with Chapter 225, Land Use, Subdivisions and Site Plans.

(5) Density regulation. In no event shall the density of development throughout the subdivision exceed the exact number of dwelling units that would have been permitted to be built if such development had proceeded on the basis of 40,000 square feet per lot with a width of not less than 200 feet.

(6) Area, yard and building requirements. Development on lots created pursuant to the provisions of this section shall be subject to the area, yard and building requirements of the district as modified pursuant to the approved open space density modification as permitted herein. [Added 3-14-2000 by Ord. No. 2000:7]

§ 430-53. Off-street parking requirements.

Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve, in accordance with the standards of Article XXXVII.

§ 430-54. Signs.

Signs shall be permitted in conformance to Article XXXVIII.