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(1) First Floor Uses. Due to the potential for incompatibilities of use when a residential dwelling unit is located on the first floor of a building in a non-residential area, certain criteria must be satisfied as part of the special land use request. The criteria associated with a first floor residential use include the following:
A. The front facade of the building shall be designed to be compatible with the adjacent structures when located in a predominantly nonresidential area.
B. Only one driveway will be permitted for the structure unless located on a corner lot.
C. The required parking shall be provided on-site and located within the rear of the property.
D. All such containers shall be located within an enclosure situated within the rear of the property.
E. A residential use shall not occupy more than 50% of the gross first floor area.
(2) Upper Floor Uses. A residential use located above a first floor office or commercial use is permitted through the special land use process, and subject to the requirements of subsection (1) A through D above.
(3) Basement Uses. Residential uses shall not be permitted as a basement use in a mixed-use building.
(1) Collection Bin Permit. No later than 90 days from the effective date of this section, no person shall place, operate, maintain, or allow any Collection Bin on any real property in the City of Howell without first obtaining a permit issued by the City Manager, or their designee.
(2) Permit Application.
(a) Any person desiring to secure a permit for a Collection Bin in the City of Howell shall make an application to the Community Development Department.
(b) A permit shall be obtained for each Collection Bin proposed. A separate fee shall be paid for each Collection Bin.
(c) The application for a permit shall be upon a form provided by the Community Development Department and shall require the following information:
i. The signature of an individual who is an officer, director, manager, or member of the applicant entity.
ii. The name, address, and email address of all partners of a partnership, all members of an LLC, all officers and directors of a non-publicly traded corporation, all stockholders owning more than 5% of the stock of a non-publicly traded corporation, and/or any other person who is financially interested directly in the ownership or operation of the business, including all aliases.
iii. Location of any previously approved permits for Collection Bins or unlicensed Collection Bins within the City.
iv. Name, address, email, and telephone number of a contact person for all matters related to the Collection Bin during the application and once licensed.
v. The physical address of the real property where the Collection Bin is proposed to be located.
vi. A scaled drawing sufficient to illustrate the proposed location of the Collection Bin on the real property and the dimensions of the proposed Collection Bin.
vii. A picture of rendering of the proposed Collection Bin.
viii. An affidavit, on a form provided by the Community Development Department, signed by the real property owner providing written permission for the Collection Bin on the property. This affidavit shall be executed by the same individual signing the application under subsection (i) above.
(d) A nonrefundable fee in an amount established by resolution of the City Council shall accompany all applications for Collection Bins.
(e) The City Manager, or their designee, shall approve or deny the application within ten days of the submittal of a complete application, with specific reasons for denial stated in writing.
(f) No person to whom a permit has been issued shall transfer, assign, or convey such permit to another person or legal entity.
(3) Permit Requirements. A permittee shall operate and maintain, or cause to be operated and maintained, all Collection Bins located in the City for which the permittee has been granted a permit as follows:
(a) Collection Bins shall be metal and maintained in a good physical condition and appearance, with no structural damage, holes, or visible rust, and shall be free from all graffiti, stickers, or other exterior markings not shown on the permit application.
(b) All Collection Bins shall be locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents.
(c) There shall be, in at least one-half inch lettering on the front of each Collection Bin, the name, address, email, website, and phone number of the operator, as well as whether or not the Collection Bin is owned and operated by a for-profit or a not for profit company.
(d) No other information, advertising, or logos other than those related to the operator and shown on the permit application shall be permitted on the Collection Bin.
(e) At least every 30 days, or sooner as needed, Collection Bins shall be serviced and emptied.
(f) The permitted and property owner shall maintain, or cause to be maintained, the area immediately surrounding the Collection Bins free from any junk, debris, overflow items, or other material. The property owner shall be responsible for the City's cost to abate any nuisance.
(4) Collection Bin Standards. The following standards shall apply to the approval of all Collection Bins located within the City of Howell.
(a) Collection Bins are not permitted on any residentially zoned property or any land used for residential purposes.
(b) No Collection Bin shall be permitted on any unimproved parcel.
(c) If the principal use of any parcel has been closed or unoccupied for more than 30 days, all Collection Bins located on the parcel shall be removed.
(d) No more than two Collection Bins, both of which must be owned by the same permittee, may be permitted on a single parcel of record. They may be placed side by side, no more than one foot apart.
(e) There shall be a 1,000-foot separation between Collection Bins, measured as a straight line from one Collection Bin to another.
(f) Collection Bins shall be no more than seven feet in height, six feet in width, and six feet in depth.
(g) No visual obstruction to vehicular or pedestrian traffic shall be caused by the placement of any Collection Bin.
(h) A ten-foot setback is required from all public rights-of-way, driveways, and any adjacent residential property.
(i) No setback is required from private sidewalks if five feet of clearance is maintained.
(j) Fire lanes and building exits shall not be impeded by the placement of a Collection Bin.
(k) Collection Bins shall not be placed on or interfere with any access drive, off-street parking space, or parking lot maneuvering lane, nor shall any Collection Bin cause a safety hazard or unnecessary inconvenience to vehicular or pedestrian traffic.
(l) All Collection Bins shall be placed on a level surface paved with either asphalt or concrete.
(5) Term and Renewal of Permits.
(a) All permit years shall begin on January 1 in each year and shall terminate on December 31 of the same calendar year. An annual permit issued between those dates shall expire on December 31 of the same calendar year.
(b) Collection Bin permits shall be renewed on an annual basis. The application form must be submitted no later than 30 days before the expiration of the permit.
(c) The City Manager, or their designee, shall approve or deny the renewal application within ten days of the submittal of a complete application, with specific reasons for denial stated in writing. Failure of the City Manager, or their designee, to act within ten days shall constitute approval of the renewal of the permit.
(d) A permit renewal fee set by resolution of the City Council shall be submitted with the application for renewal.
(e) The permittee may voluntarily cancel a permit at any time by notifying the City Manager, in writing, of the intent to cancel the permit. A permit shall become void upon the receipt of such notice.
(f) Renewal requests shall be approved if the City Manager, or their designee, finds no circumstances existed during the term of the permit that would cause a violation to exist and that at the time of the submission of the application for renewal, or at any time during the renewal process, there were no circumstances inconsistent with any finding required for approval of a new permit.
(g) Any permittee whose permit has been revoked shall be denied renewal of the permit for the subsequent calendar year.
(h) If a permit expires and is not renewed, the Collection Bins must be removed from the real property within ten days after the expiration of the permit.
(6) Revocation of Permit, Removal of Collection Boxes, and Liability.
(a) The City Manager shall have the right to revoke any permit issued hereunder for a violation of this section. Any of the grounds upon which the City Manager may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee to comply with the provisions of this section or other provisions of this Code or other law shall also constitute grounds for revocation of the permit. The City Manager shall provide a written notification to the permittee and property owner stating the specific grounds for a revocation and a demand for correction and abatement. The notice shall allow a maximum of ten days from mailing of the notice to correct or abate the violation. Upon failure to make the correction or abatement, the permit shall be revoked by the City Manager.
(b) Upon revocation, the Collection Bin shall be removed by the real property within ten days and, if not so removed within the time period, the City may remove, store, or dispose of the Collection Bin at the expense of the permittee and/or real property owner. All costs associated with the removal of the Collection bin incurred by the City or the City's contractor shall be the responsibility of the property owner. If such obligation is not paid within 30 days after mailing a bill of costs to the property owner, the City may place a lien upon such real property enforceable as a tax lien in the manner prescribed by the general laws of this state against the property and collected as in the case of general property tax. If the same is not paid prior to the preparation of the next assessment roll of the City, the amount shall be assessed as a special tax against such premises on the next assessment roll and collected thereunder.
(c) A permit for a Collection Bin may be revoked if any governmental authority or agency determines that the Collection Bin has violated the Michigan Consumer Protection Act and/or the Charitable Organizations and Solicitations Act.
(7) Appeals. Any person aggrieved by the decision rendered by the City Manager, or their designee, in granting or denying an application for a permit under this section or in revoking a permit issued under this section may appeal the decision to the Board of Zoning Appeals. The appeal shall be made by filing written notice of appeal not later than ten days after receiving notice of the decision of the City Manager. The Board of Zoning Appeals may grant relief only if the applicant presents clear and convincing evidence that there was an error in the decision of the City Manager.
(8) Penalties and Remedies.
(a) In addition to revocation of the permit provided in Section (6) above, any person violating the provisions of this section is guilty of a Civil Infraction, pursuant to Chapter 208 of the City code.
(b) Any condition caused or permitted to exist in violation of the provisions of this section, or any other ordinance, shall be deemed a new and separate offense for each day that such condition continues to exist.
(c) Nothing in this section shall prevent the City from pursuing any other remedy provided by law in conjunction with or in lieu of prosecuting persons for violations of this Section.
(d) The real property owner and permittee shall be jointly and severally liable for each violation and for payment of any fine and costs of abatement.
(e) No fines shall be imposed for a violation of this section until 90 days after its effective date. All Collection Bins existing as of the effective date of this Section shall apply for a permit as required herein within 30 days of the effective date. Any Collection Bins not in compliance with this section after 90 days of the effective date shall be subject to all remedies for violations as provided herein.
ARTICLE 6
SPECIFIC USE PROVISIONS
SPECIFIC USE PROVISIONS
(a) Family day-care homes serving six (6) or fewer children shall be considered a residential use of property and a permitted use in all residential districts. The family day-care home shall receive minor children for care and supervision for periods of less than twenty-four (24) hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Such facilities also include homes that give care to an unrelated minor child for more than four (4) weeks during a calendar year.
(b) Child group day-care homes with greater than six (6) children are subject to the following:
(1) The proposed use of the residence for group day-care shall not change the essential character of the surrounding residential area, and shall not create a nuisance of the surrounding residential area, and shall not create a nuisance relating to vehicular parking, noise, or additional congestion in excess of residential uses in the district.
(2) There shall be an outdoor play area of at least five hundred (500) square feet provided on the premises. Said play area shall not be located within the front yard. This requirement may be waived by the Planning Commission if a public play area is within five hundred (500) feet of the subject parcel.
(3) All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing, and is at least four (4) feet in height, but no higher than six (6) feet.
(4) The hours of operation do not exceed sixteen (16) hours within a twenty-four (24) hour period. Activity between the hours of 10:00 PM and 6:00 AM shall be limited so that the drop-off and pick-up of children is not disruptive to neighboring residents.
(5) Appropriate licenses with the State of Michigan shall be maintained.
(6) The granting of the special land use application shall not impair the health, safety, welfare, or reasonable enjoyment of adjacent or nearby residential properties.
(c) Child day-care centers, are subject to the following conditions:
(1) The property is maintained in a manner that is consistent with the character of the area.
(2) A separate drop-off and pick-up area shall be provided adjacent to the main building entrance, located off a public street and the parking access lane, and shall be of sufficient size so as to not create congestion on the site or within a public roadway.
(3) There shall be an on-site outdoor play area of the greater of one thousand five hundred (1,500) square feet or seventy-five (75) square feet for each child. Said play area shall not be located within the front yard. This requirement may be waived by the Planning Commission if a public play area is available within five hundred (500) feet from the subject parcel.
(4) All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing and is at least four (4) feet in height, but no higher than six (6) feet.
(5) For each child, a center shall have a minimum of fifty (50) square feet of indoor activity space for use by, and accessible to, the child, exclusive of all of the following: hallways, storage areas and cloakrooms, kitchens and reception and office areas.
(6) Appropriate licenses with the State of Michigan shall be maintained.
(d) Adult day-care home with greater than six (6) adults is subject to the following:
(1) The proposed use of the residence for group day-care shall not change the essential character of the surrounding residential area, and shall not create a nuisance in fact or law relating to vehicular parking, noise, or additional congestion in excess of residential uses in the district.
(2) Where outdoor areas are provided, they shall be enclosed by a fence that is at least four (4) feet in height, but no higher than six (6) feet.
(3) The hours of operation do not exceed sixteen (16) hours within a twenty-four (24) hour period. Activity between the hours of 10:00 PM and 6:00 AM shall be limited so that the drop-off and pick-up is not disruptive to neighboring residents.
(4) Appropriate license with the State of Michigan shall be maintained.
(e) Adult day-care centers are subject to the following conditions:
(1) The property is maintained in a manner that is consistent with the character of the neighborhood.
(2) A separate drop-off and pick-up area shall be provided adjacent to the main building entrance, located off a public street and the parking access lane, and shall be of sufficient size so as to not create congestion on the site or within a public roadway.
(3) Where outdoor activity areas are provided, they shall be enclosed by a fence that is at least four (4) feet in height but no higher than six (6) feet.
(a) Housing for the elderly shall comply with the following conditions:
(1) All housing for the elderly shall provide for the following:
A. Independent Living for the Elderly. Dwellings may be provided for as one-family detached, two-family or multiple family units. The minimum site area requirements for purpose of calculating density shall be as follows:
Dwelling Unit Size Site Area/Unit (sq. ft.)
Efficiency/One Bedroom 2,000
Two Bedroom 4,000
Each additional bedroom 500
B. Assisted Living for the Elderly. Where such facilities contain individual dwelling units with kitchen facilities, the density requirements set forth in Section 6.03(a) shall apply. Where facilities do not contain kitchen facilities within individual dwelling units, the site area per bed shall be two hundred (200) square feet.
C. Both independent and assisted living facilities shall be contained within a building which does not exceed two hundred and fifty (250) feet in overall length, measured along the front line of connecting units, inclusive of any architectural features which are attached to or connect the parts of the building together. The Planning Commission may permit buildings of greater length when it can be demonstrated that architectural design and natural and topographic features ensure that the building is in scale with the site and surrounding areas.
D. Building setbacks shall comply with the following:
i. Perimeter setbacks shall be no less than seventy-five (75) feet from the front property line and fifty (50) feet from all other property lines.
ii. Internal setbacks for one and two-family dwellings located on an individual lot shall be as follows:
Front 25 feet
Rear 35 feet
Least Side 7.5 feet
Total Side/Between Buildings 20 feet
iii. Internal setbacks for one and two-family dwellings not located on an individual lot shall be as follows:
Multiple One/Two-
Family Family
Internal Drives/Streets 25 25
Side/Side Orientation 30 20
Side/Front, Side/Rear 30 35
Front/Front, Front/Rear, Rear/Rear 50 50
E. Minimum Floor Area. Each dwelling unit shall comply with the following minimum floor area requirements, excluding basements:
Dwelling Type Floor Area (sq. ft.)
Assisted Living Unit Independent Living Unit
Efficiency 400 500
One Bedroom 550 650
Two Bedroom 700 800
Additional bedroom 150 per 150 per
F. Building Height. The maximum height of a building is two (2) stories or thirty-five (35) feet. The Planning Commission may at its discretion, permit up to three (3) stories only if the following conditions are met:
i. The site contains significant natural resources such as slopes or wetlands.
ii. No increase in density shall be allowed.
iii. Approval by the Fire Department is required.
iv. An increased front, rear and side yard setback distance and spacing requirements between buildings. The extent of increase, if any, for each setback measurement shall be established as part of the approval of the Planning Commission.
v. In no event shall the maximum height of any such building exceed thirty-five (35) feet as calculated in accordance with the terms of this Ordinance.
G. Open Space/Recreation. Open space and recreation shall be provided in accordance with the following requirements:
i. Total open space required shall be a minimum of fifteen (15) percent of the site.
ii. Recreation facilities shall be appropriate and designed to meet the needs of the resident population. Active recreation shall be located conveniently in relation to the majority of dwelling units intended to be served.
H. Accessory Uses. Support uses offered solely to residents may be permitted provided they are contained within the principal building and are strictly accessory to the principal use as an elderly residential facility. Such support may include: congregate dining; health care; personal services; and social, recreational, and educational facilities and programs.
(b) Nursing homes and convalescent centers shall comply with the following conditions:
(1) Minimum lot size shall be based upon no less than two thousand (2,000) square feet per bed.
(2) The site shall be so developed as to create a land-to-building ratio on the lot or parcel whereby for each bed in the nursing homes/convalescent centers there shall be provided not less than one thousand five hundred (1,500) square feet of open space. Such space shall provide for landscape setting, off-street parking, service drives, loading space, yard requirements, employee facilities and any space required for accessory uses. The one thousand five hundred (1,500) square foot requirement is over and above the building coverage area requirement.
(3) No building shall be closer than forty (40) feet from a property line.
(4) The lot location shall be such that at least one (1) property line abuts a collector street, secondary thoroughfare, or primary thoroughfare. More than one (1) point of vehicle ingress and egress shall be provided directly from said thoroughfare.
(5) Area for access of emergency vehicles shall be provided for each primary building entrance.
(a) Intent. It is the intent of this section to establish standards for child and adult foster care facilities that will insure compatibility with adjacent land uses and maintain the character of the neighborhood.
(b) Child Foster Care Facilities.
(1) Foster family homes serving less than four (4) children shall be considered a residential use of property and a permitted use in all residential districts. Such facilities shall provide no less than forty (40) square feet of sleeping room per child with all other requirements provided in accordance with the applicable State standards.
(2) Foster family group homes serving between four (4) and eight (8) children under the age of seventeen (17), no more than two (2) of which may be under the age of one (1), shall be considered as a special land use subject to the requirements and standards of Section 3.03 and the following standards:
A. The proposed use of the residence for foster family care shall not change the essential character of the surrounding residential area, and shall not create a nuisance of the surrounding residential area, and shall not create a nuisance relating to vehicular parking, noise, or additional congestion in excess of residential uses in the district.
B. There shall be an outdoor play area of at least one thousand (1,000) square feet provided on the premises. Said play area shall not be located within the front yard. This requirement may be waived by the Planning Commission if a public play area is available within five hundred (500) feet from the subject parcel.
C. All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing, and is at least four (4) feet in height, but no higher than six (6) feet.
D. Appropriate licenses with the State of Michigan shall be maintained.
(c) Adult Foster Care Facilities.
(1) Application of Regulations.
A. A State licensed adult foster care small group home serving six (6) persons or less and adult foster care family home shall be considered a residential use of property and a permitted use in all residential districts.
B. The City may, by issuance of a special land use permit, authorize the establishment of adult foster care small group homes serving more than six (6) persons and adult foster care large group homes.
C. The City may, by issuance of a special use permit, authorize the establishment of a adult foster care congregate facility.
(2) Adult foster care small group homes serving between seven (7) and twelve (12) adults and adult foster care large group homes serving between thirteen (13) and twenty (20) adults, shall be considered as a special land use subject to the requirements and standards of Section 3.03 and the following additional standards:
A. The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of one thousand five hundred (1,500) square feet per adult, excluding employees and/or care givers.
B. The property is maintained in a manner that is consistent with the character of the neighborhood.
C. Appropriate licenses with the State of Michigan shall be maintained.
(3) Adult foster care congregate facilities shall be considered as a special land use subject to the requirements and standards of Section 3.03 and the following standards:
A. The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of one thousand five hundred (1,500) square feet per adult, excluding employees and/or caregivers.
B. Appropriate licenses with the State of Michigan shall be maintained.
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