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Cemeteries are subject to the following conditions:
(a) A cemetery shall consist of no less than five (5) acres of land.
(b) Accessory buildings, which includes but is not limited to mausoleums, crematoriums, columbariums, maintenance buildings and care tenders homes, shall be setback no less than three hundred (300) feet from all perimeter parcel lines.
(c) Grave sites shall be setback no less than fifty (50) feet from all perimeter parcel lines.
(d) All access shall be provided only from an existing or planned major thoroughfare or collector street.
Bed and breakfast accommodations are subject to the following conditions:
(a) Each premises must be occupied and operated by its owner.
(b) The proposed use shall not cause a nuisance to adjoining residences due to noise, odor, lighting or traffic.
(c) No bed and breakfast sleeping room shall be permitted that does not comply with the Building Code.
(d) There shall be no separate cooking facilities used for bed and breakfast stay.
(e) Bed and breakfast bedrooms shall be a minimum of one hundred and twenty (120) square feet for the first two (2) occupants and an additional thirty (30) square feet for each additional occupant.
(f) The stay of bed and breakfast occupants shall be no more than fourteen (14) consecutive days and not more than thirty (30) days in any one (1) calendar year.
(g) The operator of each facility shall keep a list of the names of all persons staying at the bed and breakfast, which list shall be available for inspection by the Building Inspector.
(h) One (1) bathroom for every three (3) sleeping rooms shall be provided, with a minimum of two (2) bathrooms.
(i) Every bed and breakfast bedroom shall contain a functional smoke detector, and an approved fire extinguisher shall be located on each floor on which such sleeping room is located.
(j) The Planning Commission may increase or decrease required parking in order to meet the purposes of this section and protect the public health and safety.
General hospitals are subject to the following conditions:
(a) Such hospitals shall be developed only on sites consisting of at least ten (10) acres in area.
(b) All access to and egress from the site shall be through a major thoroughfare or street.
(c) The minimum distance of any building from a residentially zoned or occupied parcel shall be one hundred (100) feet for front, rear and side yards, including parcels separated by a public street.
(d) Mobile units, ambulances and delivery areas shall be located in the side and rear yards and shall be screened in accordance with Section 5.08 of this Zoning Ordinance.
(e) All parking areas of greater than five (5) spaces shall be setback from residential zoned or occupied parcel by no less than twenty-five (25) feet for rear and side yards.
(f) The location of all helipads shall be subject to Planning Commission review, based upon the applicant demonstrating the following conditions are met:
(1) The location will be located to provide the least possible disturbance to adjacent property owners.
(2) The location will not be a safety hazard due to physical and natural features within the immediate area.
Motels and hotels are subject to the following conditions:
(a) A site shall contain no less than two (2) acres of land, and no less than one thousand (1,000) square feet of lot area shall be available per guest unit.
(b) Each unit shall contain not less than two hundred and fifty (250) square feet of heated/air-conditioned floor area per guest unit.
(c) All buildings shall be setback no less than fifty (50) feet from all perimeter parcel lines, while one hundred (100) feet is required when adjacent to a residential zoning district.
(d) Accessory uses may include, but not be limited to meeting rooms, ballrooms, restaurants, bars, recreational uses, and gift shops.
(e) Cooking and/or kitchen facilities may be provided in new motels upon demonstration by the applicant that the provisions of all applicable fire prevention and Building Code requirements have been satisfied.
(f) No existing motel units shall be converted for use of cooking and/or a kitchen facilities unless the owner first obtains a building permit, complies with all applicable fire prevention and building codes and obtains a certificate of occupancy for each unit prior to renting it.
Automobile filling stations, repair garages, service stations, and washes shall comply with the following conditions:
(a) The curb cuts for ingress to and egress from a filling or service station are not permitted at such locations as will create traffic hazards in the streets immediately adjacent thereto. Entrances shall be not less than thirty (30) feet from a street intersection (measured from the road right-of-way) or from adjacent residential districts. No more than one (1) curb opening shall be permitted for each fifty (50) feet of frontage or major fraction thereof along any street. No driveway or curb opening shall be located nearer than ten (10) feet to any corner or exterior lot line. No driveway shall be located nearer than thirty (30) feet to any other driveway serving the site. When considering new applications under this Section, the Planning Commission may base approval of the Site Plan or Special Land Use on the removal of curb cuts that are non-compliant with these standards.
(b) The minimum lot area shall be ten thousand (10,000) square feet, so arranged that ample space is available for motor vehicles which are required to wait.
(c) Separation shall be made between the pedestrian sidewalk and vehicular parking and maneuvering areas with the use of curbs, wheel stops, greenbelts or traffic islands.
(d) All activities related to vehicle washing, service and repair equipment shall be entirely enclosed within a building located not less than forty (40) feet from any street lot line, and not less than ten (10) feet from any side lot line.
(e) 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.
(f) Inoperative or unlicensed vehicles shall not be stored outside for more than seven (7) days. Such storage shall not occur in front of the building.
(g) Vehicle sales shall not be permitted on the premises of any automobile filling station, automobile repair garage, automobile service station, and automobile wash.
(h) All coverings of the service or filling station gasoline pumps shall be no taller than the principal structure and constructed of compatible materials. Such canopies shall not be lit internally for signage purposes. All proposed lighting shall be fully recessed.
(i) Gasoline pumps shall be located not less than twenty (20) feet from any lot line, and shall be arranged so that motor vehicles do not park upon or overhang any public sidewalk, street or right-of- way while waiting for or receiving fuel service.
(j) A filling or service station shall have no more than eight (8) gasoline pumps and two (2) enclosed stalls for servicing, lubricating, greasing and/or washing motor vehicles. An additional two (2) gasoline pumps and/or one enclosed stall may be included for each additional two thousand (2,000) square feet of lot area above the minimum area set forth in subsection (b).
(k) Where the filling or service station site abuts any residentially zoned district, the requirements for protective screening shall be provided as specified in Section 5.10. All masonry walls shall be protected by a fixed curb or barrier to prevent vehicles from contacting the wall.
(l) All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent and neighboring property and comply with Section 8.05.
(m) All combustible waste and rubbish, including crankcase drainings, shall be kept in metal receptacles fitted with a tight cover until removed from the premises. Sawdust shall not be kept in any gasoline service station or place of storage therein, and sawdust or other combustible material shall not be used to absorb oil, grease or gasoline.
(n) No advertising signs may be placed on-site other than the permitted maximum wall and/or ground sign area per Article 7. The prohibited signs include banners and flags.
The outdoor display of products or materials intended for retail sale or rental may be permitted only in CBD, MXD, B-1 and B-2 Districts, subject to the following conditions:
(a) General Standards.
(1) An outdoor display shall be considered as an accessory use to the principal use conducted on the premises.
(2) The exterior of the premises shall be kept clean, orderly and maintained.
(3) The City shall not be held liable or responsible for any type of damage, theft or personal injury that may occur as a result of an outdoor display.
(4) In the administration of these provisions, the Zoning Administrator shall be permitted to refer a request to the Planning Commission for review and approval where site conditions may create difficulty in adherence to the standards contained herein.
(5) For any outdoor display that requires a tent, a Building Permit shall be required to be obtained prior to installing the tent and the Fire Marshal shall inspect the tent prior to use.
(b) Standards Within CBD Districts.
(1) An outdoor display shall be located directly adjacent to the establishment. An outdoor display that extends beyond the property lines of the applicant shall require the permission of the affected property owners.
(2) If an outdoor display is located on a public sidewalk, a minimum of five (5) feet of unobstructed, pedestrian access along the sidewalk shall be maintained. Sufficient room shall also be provided to allow car doors to open along the curbside. An outdoor display on a public sidewalk shall be confined to normal business hours.
(c) Standards Within MXD, B-1 and B-2 Districts.
(1) An outdoor display may be located within any required yard but shall not be located within any public road right-of-way.
(2) An outdoor display shall not occupy or obstruct the use of any fire lane, required off-street parking or landscaped area required to meet the requirements of this Zoning Ordinance.
(d) Building Materials, Nursery Stock and Garden Supplies.
(1) Outdoor sales areas shall not be located within the required front setback, except for sales of living nursery stock. Ornamental displays associated with the sale of nursery stock shall be permitted; however, in no case shall the outdoor storage or sale of bulk materials, such as topsoil, mulch or gravel, whether packaged or not, be permitted within the front yard setback.
(2) Outdoor sale and display areas that abut residentially zoned or used property shall be screened in accordance with Section 5.10.
The sale of seasonal items such as Christmas trees, flowers and plants, pumpkins and other such seasonal items and the sale of any other merchandise by persons other than the owner or tenant of the premises, shall require a license from the Howell City Clerk pursuant to Chapter 873 of the Howell City Code, subject to the following standards and conditions:
(a) Transient or seasonal sales may be located within any required yard provided a ten (10) foot landscaped greenbelt meeting the requirements of Section 5.10 is provided between any outdoor display and any public road right-of-way. Where outdoor displays abut the residentially zoned property, landscape screening in accordance with Section 5.10 shall also be provided.
(b) Transient or seasonal sales shall not occupy or obstruct the use of any fire lane, required off-street parking or landscaped area required to meet the requirements of this Zoning Ordinance, or create a traffic or safety hazard.
(c) Such sales shall be permitted only in the CBD, B-1 and B-2 Districts.
(d) All such sales shall be conducted in a manner so as not to create a traffic hazard or a nuisance to neighboring properties.
(e) Off-street parking shall be provided in accordance with Article 10 along with adequate ingress and egress to the site.
(f) Upon discontinuance of the seasonal use, any temporary structure shall be removed.
(g) Signs shall be temporary and shall comply with the provisions of Section 7.08.
A sidewalk café service operated by a restaurant or other food establishment that sells food for immediate consumption may be permitted in the CBD, Central Business District, subject to the following conditions:
(a) An application in accordance with Section 3.08 and this Section shall be submitted to the Zoning Administrator.
(b) A permit shall remain in effect for a period of one year or the operation of the café fails to meet the standards contained herein. Permits may be renewed annually by the City upon written request of the owner or operator of the sidewalk café.
(c) A sidewalk café may be located in front of or adjacent to the establishment. A sidewalk café that extends beyond the property lines of the applicant shall require the permission of the affected property owners.
(d) If a sidewalk café is located on a public sidewalk, a minimum of five (5) feet of unobstructed, pedestrian access along the sidewalk shall be maintained.
(e) A sidewalk café shall be allowed during normal operating hours of the establishment.
(f) The exterior of the premises, including the sidewalks, shall be kept clean, orderly and maintained or the permit may be revoked. All food preparation shall be inside of the premises.
(g) The City shall not be held liable or responsible for any type of damage, theft or personal injury that may occur as a result of a sidewalk café operation.
(h) All sidewalk cafes shall comply with applicable regulations of the County Health Department and the State.
(i) Sidewalk cafes shall be permitted between April 1st and October 31st.
(j) Outside of the permitted dates, all tables, chairs, and barriers used for a sidewalk café shall be stored indoors.
(a) Purpose and Intent. It is the general purpose and intent of the City to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems. However, it is the further purpose and intent of the City to provide for such authorization in a manner that will retain the integrity of neighborhoods and the character, property values and aesthetic quality of the community at large. In fashioning and administering the provisions of this section, attempt has been made to balance these potentially competing interests.
Recognizing the number of providers authorized to establish and operate wireless communication services and coverage, it is the further purpose and intent of this section to:
(1) Facilitate adequate and efficient provision of sites for wireless communication facilities and ensure that wireless communication facilities are situated in appropriate locations and relationships to other land uses, structures and buildings.
(2) Establish predetermined districts or zones of the number, shape, and in the location considered best for the establishment of wireless communication facilities, subject to applicable standards and conditions.
(3) Recognize that operation of a wireless communication system may require the establishment of facilities in locations not within the predetermined districts or zones.
(4) Minimize the adverse impacts of technological obsolescence of such facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner.
(5) Minimize the negative visual impact of wireless communication facilities on neighborhoods, community landmarks, historic sites and buildings, natural beauty areas and public rights-of- way.
(6) Require all wireless communication facilities to collocate on an existing tower or provide for no less than three (3) additional carriers on a new facility.
(b) Authorization as a Permitted Use. Subject to the standards and conditions set forth herein, wireless communication facilities shall be permitted uses in the following circumstances, and in the following districts:
(1) In all zoning districts, a proposal to establish a new wireless communication facility shall be deemed a permitted use in the following circumstances:
A. An existing structure which will serve as an attached wireless communication facility within a nonresidential zoning district, where the existing structure is not, in the discretion of the Planning Commission, proposed to be either materially altered or materially changed in appearance.
B. A proposed collocation upon an attached wireless communication facility that had been preapproved for such collocation as part of an earlier approval by the City.
C. An existing structure which will serve as an attached wireless communication facility consisting of a utility pole or structure located within a right-of-way, where the existing pole is not proposed to be modified in a manner which, in the discretion of the Planning Commission, would materially alter the structure.
(2) Wireless communication facilities shall also be a permitted use in the I-1 and I-2 Industrial Districts.
(c) Authorization as a Special Land Use. If it is demonstrated by an applicant that a wireless communication facility is required to be established outside of a district identified in paragraphs (b)(1) and (2) above, in order to operate such wireless communication facility, may be permitted elsewhere in the community as a special land use, subject to the requirements set forth herein, standards set forth in Section 3.03 and the following:
(1) At the time of the submittal, the applicant shall demonstrate that a location within the areas identified in paragraphs (b)(1) and (2) above cannot reasonably meet the coverage and/or capacity needs of the applicant.
(2) Locations outside of the districts identified in paragraphs (b)(1) and (2) above, shall be permitted on the following sites, subject to application of all other standards contained in this section:
A. Municipally owned site.
B. Other governmentally owned site.
C. Public school site.
(d) General Regulations Applicable to All Facilities. All applications for wireless communication facilities, whether a permitted or special land use, shall be reviewed, constructed and maintained in accordance with the following standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the City in its discretion:
(1) Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.
(2) Facilities shall be located and designed to be harmonious with the surrounding areas.
(3) Facilities shall comply with applicable Federal and State standards relative to the environmental effects of radio frequency emissions.
(4) The following additional standards shall be met:
A. The maximum height of the new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant and by other entities to collocate on the structure. Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs that might result in lower heights.
B. The accessory building contemplated to enclose switching equipment shall be limited to the maximum height for accessory structures within the respective district.
C. The setback of a proposed new support structure from any residential district and/or any existing or proposed public street rights-of-way shall be no less than the height of the structure. Where a proposed new support structure abuts a parcel of land zoned for a use other than residential, the minimum setback of the structure from all property lines shall be equal to one-half the height of the structure.
D. Where an existing structure will serve as an attached wireless communication facility, setbacks of the existing structure shall not be materially changed or altered, based upon a determination by the Planning Commission.
E. There shall be an unobstructed paved access drive to the support structure for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access drive shall be a minimum of fourteen (14) feet in width.
F. The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.
G. Where an attached wireless communication facility is proposed on the roof of a building, any equipment enclosure shall be designed, constructed and maintained to be architecturally compatible with or enclosed within the principal building.
H. The City shall review and approve the color of the support structure and all accessory buildings so as to minimize distraction, reduce visibility, maximize aesthetic appearance and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition.
I. The support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soils report from a geotechnical engineer, licensed in the State of Michigan. This soils report shall include soil borings and statements indicating the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communications Commission and Michigan Aeronautics Commission shall be noted.
J. A maintenance plan and any applicable maintenance agreement shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long term, continuous maintenance to a reasonable prudent standard.
(e) Standards and Conditions Applicable to Special Land Use Facilities. Applications for wireless communication facilities under the special land use requirements shall be reviewed by the Planning Commission and if approved, shall be constructed and maintained in accordance with the standards and conditions in subsection (d) and the following standards:
(1) The applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of one (1) or more of the following factors:
A. Proximity to a major thoroughfare.
B. Areas of population concentration.
C. Concentrations of commercial, industrial and/or other business centers.
D. Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions.
E. Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate.
F. Other specifically identified reasons creating facility need.
(2) The proposal shall be reviewed in conformity with the collocation requirements of this section.
(3) Wireless communication facilities shall be of a design that is compatible with the existing character of the proposed site, neighborhood and general area as approved by the City.
(f) Application Requirements Applicable to All Facilities.
(1) A site plan prepared in accordance with Section 3.04.
(2) The site plan shall also include a detailed landscaping plan illustrating screening and aesthetic enhancement for the structure base, accessory buildings and enclosure. In all cases, there shall be shown on the plan fencing which is required for protection of the support structure and security from children and other persons who may otherwise access facilities.
(3) The application shall include a signed certification by a State of Michigan licensed professional engineer with regard to any potential structural failures, which certification will be utilized along with other criteria, such as applicable regulations for the district in question in determining the appropriate setback to be required for the structure and other facilities.
(4) The application shall include a description of security to be posted at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in subsection (h) below. In this regard, the security shall be in the form approved by the City Attorney and recordable at the office of the Register of Deeds establishing a promise of the applicant and owner of the property to timely remove the facility as required under this section, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorney fees incurred by the City in securing removal.
(5) The application shall include a map showing existing and known proposed wireless communication facilities within the City and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the City which are relevant in terms of potential collocation or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the community, the applicant shall be required only to update as needed. Any proprietary information may be submitted with a request for confidentiality.
(6) The application shall include the name, address and phone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be updated annually by the owner during all times the facility is on the premises.
(7) The applicant shall provide proof of feasibility for collocation when a new tower is to be constructed.
(8) As deemed necessary by the Planning Commission, the applicant shall pay to have a certified engineer of the City's choosing to review the proposed wireless communication facility plans and application material.
(g) Collocation.
(1) Statement of Policy. It is the policy of the City to minimize the overall number of newly established locations for wireless communication facilities and encourage the use of existing structures.
(2) Feasibility of Collocation. Collocation shall be deemed to be "feasible" for purposes of this section where all of the following are met:
A. The wireless communication provider entity under consideration for collocation will undertake to pay market rent or other market compensation for collocation.
B. The site on which collocation is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.
C. The collocation being considered is technologically reasonable, e.g., the collocation will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas and the like.
D. The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the City, taking into consideration the standards set forth in this section.
(3) Requirements for Collocation.
A. Approval for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible collocation is not available for the coverage area and capacity needs.
B. All new and modified wireless communication facilities shall be designed and constructed so as to accommodate no less than three (3) additional collocators.
C. If a party who owns or otherwise controls a facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use and shall not be altered, expanded or extended in any respect.
(h) Removal.
(1) The City reserves the right to request evidence of ongoing operation at any time after the construction of an approved wireless communication facility.
(2) A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one or more of the following events:
A. When the facility has not been used for one hundred and eighty (180) days or more, for purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of non-use.
B. Six (6) months after new technology is available at reasonable cost as determined by the City, which permits the operation of the communication system without the requirement of the support structure.
(3) The situation in which removal of a facility is required may be applied and limited to portions of a facility.
(4) Upon the occurrence of one (1) or more of the events requiring removal, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the Building Official and Zoning Administrator.
(5) If the required removal of a facility or a portion thereof has not been lawfully completed within sixty (60) days of the applicable deadline, and after at least thirty (30) days written notice, the City may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected from the security posted at the time application was made for establishing the facility.
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