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Howell Overview
Howell, MI, Code of Ordinances
CODE OF ORDINANCES
CERTIFICATION
DIRECTORY OF OFFICIALS (2023)
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
CHARTER
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
CHAPTER 1210 Planning Commission
CHAPTER 1212 Master Plan
CHAPTER 1214 Highway Plan
CHAPTER 1216 Land Divisions
CHAPTER 1218 Large Development Projects
CHAPTER 1219 Development Plan and Tax Increment Financing Plan
TITLE FOUR - Subdivision Regulations
TITLE SIX- Zoning
CHAPTER 1240 Adoption of Zoning Code
1240.01 ADOPTION BY REFERENCE.
APPENDIX A
ARTICLE 1 TITLE, PURPOSE, SCOPE AND CONSTRUCTION, VALIDITY AND SEVERABILITY
ARTICLE 2 DEFINITIONS AND RULES APPLYING TO TEXT
ARTICLE 3 ADMINISTRATION AND ENFORCEMENT
ARTICLE 4 ZONING DISTRICT REGULATIONS
ARTICLE 4A FORM BASED DISTRICTS
ARTICLE 5 GENERAL PROVISIONS
ARTICLE 6 SPECIFIC USE PROVISIONS
• Section 6.01 Intent.
• Section 6.02 Child and Adult Day-Care Facilities.
• Section 6.03 Housing for the Elderly and Nursing Homes/Convalescent Centers.
• Section 6.04 Child and Adult Foster Care Facilities.
• Section 6.05 Self-Storage Facilities.
• Section 6.06 Outdoor Sales of Automobile or Vehicles.
• Section 6.07 Public, Parochial and Private Schools.
• Section 6.08 Municipal Office Buildings.
• Section 6.09 Churches and Other Incidental Facilities.
• Section 6.10 Utilities and Public Service Buildings and Uses.
• Section 6.11 Golf Courses, Country Clubs, Recreation Centers and Swim Clubs.
• Section 6.12 Public and Private Colleges, Universities and Other Such Institutions of Higher Learning.
• Section 6.13 Cemeteries.
• Section 6.14 Bed and Breakfast Accommodations.
• Section 6.15 General Hospitals.
• Section 6.16 Motels and Hotels.
• Section 6.17 Automobile Filling Stations, Automobile Repair Garages, Automobile Service Stations, Automobile Washes, and Automobile Dealerships.
• Section 6.18 Outdoor Displays of Materials Intended for Retail Sale or Rental.
• Section 6.19 Seasonal and Transient Display of Products or Materials Intended for Sale.
• Section 6.20 Sidewalk Café Service.
• Section 6.21 Wireless Communication Facilities.
• Section 6.22 Mixed Use District Development Regulations.
• Section 6.23 Historic Overlay District Regulations.
• Section 6.24 Mobile Home Park Requirements.
• Section 6.25 Sexually Oriented Businesses.
• Section 6.26 Private Clubs, Lodges and Reception Halls.
• Section 6.27 Transitional Housing Facility
• Section 6.28 Kennels
• Section 6.29 Special Accommodation Use
ARTICLE 7 SIGNS
ARTICLE 8 ENVIRONMENTAL PERFORMANCE AND DESIGN STANDARDS
ARTICLE 9 PLANNED UNIT DEVELOPMENT (PUD)
ARTICLE 10 OFF-STREET PARKING AND LOADING
ARTICLE 11 NONCONFORMING USES, STRUCTURES AND LOTS
ARTICLE 12 BOARD OF ZONING APPEALS
ARTICLE 13 AMENDMENTS AND CHANGES TO THE ZONING ORDINANCE
ARTICLE 14 REPEAL OF EXISTING ZONING ORDINANCE
APPENDIX
CHAPTER 1250 Historic District
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
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• Section 6.03 Housing for the Elderly and Nursing Homes/Convalescent Centers.
   (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.
• Section 6.04 Child and Adult Foster Care Facilities.
   (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.
• Section 6.05 Self-Storage Facilities.
   Self-storage facilities are subject to the following conditions:
   (a)   No activity other than rental of storage units shall be allowed. No commercial, retail, industrial or other business use shall be operated from the facility. Examples of prohibited activities (commercial or personal) include but are not limited to:
      (1)   Auctions, retail sales and/or miscellaneous or garage sales.
      (2)   The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, furniture, machinery or other similar property.
      (3)   The operation of power tools, painting equipment, compressors, welding equipment or similar tools and equipment.
      (4)   The storage of any toxic, explosive, corrosive, flammable or hazardous material is prohibited. Fuel tanks on any motor vehicle, boat, lawn mower or similar property will be drained or removed prior to storage. Batteries will be removed from vehicles before storage and shall not be stored within units under any circumstances.
      (5)   The storage of goods needed or used on a regular basis as part of a business and/or the storage of perishable materials, unless otherwise permitted by the Planning Commission as a special land use subject to the standards of this subsection and Section 3.03.
   (b)   All storage shall be contained within a building.
   (c)   No structure may exceed one (1) story in height.
   (d)   Exterior walls of all storage units that abut a residentially zoned area shall be of masonry construction.
   (e)   The total lot coverage by structures shall be limited to fifty (50) percent of the total lot area.
   (f)   Drives and loading areas shall be designed as follows:
      (1)   The distance between storage unit buildings shall be a minimum of twenty-four (24) feet.
      (2)   All storage units must be accessible by a safe circular drive clearly marked to distinguish direction. Furthermore, the applicant must demonstrate that fire and emergency vehicles and other vehicles that would typically utilize such a facility can access and circulate through the site adequately. Sufficient area and turning radii shall be provided between and at the end of storage units to accommodate large fire vehicles and trucks requiring access to and circulation within the site.
   (g)   Where a self-storage facility abuts a residentially zoned or used property, all buildings and drives for ingress to and egress from the facility shall have a setback of a minimum of fifty (50) feet from the property line. The setback area shall be landscaped and meet the minimum screening requirements set forth in Section 5.10.
• Section 6.06 Outdoor Sales of Automobile or Vehicles.
   (a)   Outdoor sales of new and used automobiles shall be subject to the following requirements:
      (1)   Separation shall be made between the internal pedestrian sidewalk and internal vehicular parking and maneuvering areas with the use of curbs, wheel stops, or traffic islands.
      (2)   All activities related to vehicle washing, service and repair equipment shall be entirely enclosed within a building. All such activities shall only be permitted on vehicles yet to be sold.
      (3)   Driveways shall be designed to accommodate the type and volume of vehicular traffic using the site and located in a manner which is compatible with uses located adjacent to and across from the site.
      (4)   Inoperative or unlicensed vehicles or discarded or salvaged materials shall not be stored outside.
      (5)   Vehicle sales shall not be permitted on the premises of any automobile service station, automotive wash or automobile or vehicle repair garage.
      (6)   No banners or flags are permitted except as permitted in Article 7, Section 7.08.
      (7)   A landscaped greenbelt measuring a minimum of twenty (20) feet in width shall be provided along all parcel perimeters. No vehicles or merchandise shall be displayed within the required greenbelt.
      (8)   There shall be no broadcast of continuous music and/or announcements over any loudspeaker or public address system.
      (9)   The automobile sales agency must be located on a site having frontage of no less than two hundred and fifty (250) contiguous feet and area of no less than one (1) acre.
      (10)   All such uses shall be screened along the public road frontage through the use of a decorative three (3) foot wall and/or berm. These provisions are in addition to the greenbelt planting requirements in Section 5.10.
   (b)   Outdoor sales of new and used boats, manufactured homes, recreational equipment, commercial lawn care, construction machinery and other similar vehicles, shall be subject to the following requirements:
      (1)   Separation shall be made between the internal pedestrian sidewalk and internal vehicular parking and maneuvering areas with the use of curbs, wheel stops, or traffic islands.
      (2)   No vehicle washing, service and/or repair may be completed on site.
      (3)   Driveways shall be designed to accommodate the type and volume of vehicular traffic using the site and located in a manner which is compatible with uses located adjacent to and across from the site.
      (4)   Inoperative equipment, discarded or salvaged materials shall not be stored on site.
      (5)   No banners or flags are permitted except as permitted in Article 7, Section 7.08.
      (6)   A landscaped greenbelt measuring a minimum of thirty (30) feet in width shall be provided along all non-road perimeters while twenty (20) foot greenbelt is required along all road perimeters. No vehicles or merchandise shall be displayed within the required greenbelt.
      (7)   There shall be no broadcast of continuous music and/or announcements over any loudspeaker or public address system.
      (8)   The sales agency must be located on a site having frontage of no less than two hundred fifty (250) contiguous feet and area of no less than one and a half (1.5) acres.
      (9)   All such uses shall be screened along the public road frontage through the use of a decorative three (3) foot wall and/or berm, along with no less than six (6) foot tall large species evergreen (i.e., spruce, fir, pine) planted in a staggered pattern no less than fifteen (15) feet on center.
• Section 6.07 Public, Parochial and Private Schools.
   Public, parochial and private schools are subject to the following conditions:
   (a)   Buildings of greater than the maximum permitted height of the zoning district may be allowed, provided that front, side and rear yards are increased above the minimum requirements by one (1) foot for each foot of building that exceeds the maximum height allowed.
   (b)   The proposed site shall have direct access and egress only to or from an existing or planned major thoroughfare or collector street.
   (c)   All such buildings located within a subdivision shall be designed to be compatibility with the character of the neighborhood.
   (d)   Where school grounds adjoin public parks, playgrounds or playfields, the minimum area and width requirements may be reduced by no more than half provided the public park, playground or playfield is an adjoining parcel and not separated by a public street.
   (e)   Adequate off-street parking shall be provided to accommodate both staff, students and visitors to ensure that no on-street parking is required. Therefore a portion of the site shall be dedicated as a parking easement in the event that insufficient spaces are provided on-site.
   (f)   All sites shall be landscaped in accordance with Section 5.10 and screened from adjoining residential uses.
   (g)   Additional conditions for private and parochial schools located in HL-1 District:
      (1)   The school shall not generate the need for more parking than an office of similar size based on square feet of floor area.
      (2)   The school shall not generate more trips (based on the International Traffic Engineer's trip generation standards) than a similarly sized office use.
      (3)   A pick up and drop off area shall be provided adjacent to the main entrance of sufficient size and with sufficient stacking so to avoid creating congestion on any adjacent public street.
      (4)   Vehicular access to the school shall be provided solely from Grand River or Michigan Ave.
      (5)   Recreation facilities, such as playgrounds or playfields, shall be screened from neighboring residential properties in accordance with Sec. 5.10(d).
      (6)   All outdoor activities shall be held no earlier than 7am and no later than 10pm.
      (7)   Exterior lighting shall meet the standards set forth in Sec. 8.05.
• Section 6.08 Municipal Office Buildings.
   Municipal office buildings are subject to the following conditions:
   (a)   All structures shall be in character with the neighborhood.
   (b)   Direct access and egress only to and from an existing or planned major thoroughfare or collector street.
• Section 6.09 Churches and Other Incidental Facilities.
   Churches and other facilities normally incidental thereto are subject to the following conditions:
   (a)   Direct access and egress only to and from an existing or planned major thoroughfare or collector street.
   (b)   Existing churches and church lands purchased before the effective date of this Ordinance and not meeting these requirements shall not be prevented from constructing and/or expanding their facilities and, for the purpose of this Zoning Ordinance, shall not be considered nonconforming.
   (c)   The principal buildings on the site shall be setback from abutting properties zoned for residential use not less than twenty-five (25) feet.
   (d)   Buildings of greater than the maximum height allowed in the zoning district may be allowed, provided that front, side and rear yards are increased above the minimum requirements by one (1) foot for each foot of building that exceeds the maximum height allowed.
• Section 6.10 Utilities and Public Service Buildings and Uses.
   All utility and public service buildings and uses (excluding transformers, phone and cable boxes) are subject to the following conditions:
   (a)   Storage yards are permitted provided they are screened in accordance with Section 5.10.
   (b)   All buildings or structures shall comply with the setback provisions identified in the applicable zoning district.
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