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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.
Uses located within the Mixed Use (MXD) District are subject to the following development procedures and regulations, in addition to standards set forth above, and shall be applicable to all uses within the District.
(a) Review Procedures. All developments within the MXD District shall consist of no less than ten (10) net acres unless located within the Central Business District, and shall be subject to all applicable preliminary site plan, final site plan and special land use review procedures.
(1) Preliminary. As part of the preliminary site plan review phase, the applicant shall submit a concept plan for comment from the Planning Commission. The concept plan shall include the following information:
A. Evidence of ownership; location and description of site; dimensions and area;
B. General topography and natural features;
C. Scale, north arrow, date of plan;
D. Existing zoning and land use of the site and adjacent parcels; location of existing building, drives and streets on the site;
E. Location, type and land area of each proposed land use; dwelling unit density per net acre;
F. Estimated location, size and uses of open space;
G. General form of ownership and maintenance;
H. General landscape concept, including existing features to be maintained;
I. General description of existing and proposed utilities;
J. Conceptual road layout;
K. Development phases, if applicable; and
L. Examples of typical building materials and styles.
(2) Final. Following concept plan review by the Planning Commission, all developments shall be subject the site plan review requirements outlined in Section 3.04, Site Plan Review. Non one- family and two-family uses shall also be subject to the requirements outlined in Section 3.03, Special Land Uses.
(b) Building Dimensions, Area Requirements, Density, and Setbacks. Requirements of MXD District relating to the height and bulk of buildings, the minimum size of a lot permitted by land use, the maximum density permitted and minimum yard setbacks, are contained in Section 4.07, and detailed below:
(1) One-Family Uses.
A. Lot Area and Width. The intent of the MXD District is to provide a variety of housing styles on a variety of parcel sizes, not just within the development, but on a per block basis as well. Therefore, the lots shall range in size between 5,500 and 7,700 square feet, and between fifty (50) and seventy (70) feet in width. The actual mix shall be approved by the Planning Commission. Additionally, the area and width of irregular shaped lots as a result of site limitations, shall be approved by the Planning Commission.
B. Front Yard. There shall be a front yard of not less than twenty-five (25) feet as measured from the front lot line, but porches may encroach up to eight (8) feet inside of the required front setback. However, the Planning Commission may consider a modified setback through the special land use procedures outlined in Section 3.03, and providing the modification does not result in an increased density.
C. Side Yard. The side yard shall be a minimum of four (4) feet on one side, with a total of twenty (20) feet for both sides. There shall also be no less than twenty (20) feet between homes on abutting parcels, unless the Building Code requires a greater setback for fire separation.
D. Rear Yards. There shall be a rear yard setback of not less than thirty (30) feet, but a garage may encroach fifteen (15) feet inside of the required setback.
E. State Highway Setback. A fifty (50) foot setback shall be required for all parcels abutting a State Highway.
F. Height Regulations. No building or structure shall exceed two (2) stories or twenty-five (25) feet.
(2) Two-Family Uses.
A. Lot area and Width. No lot shall have a minimum area of less than 6,600 square feet and a minimum width of no less than sixty (60) feet.
B. Front, Side and Rear Yards.
i. Individual Lots: All setbacks shall comply with those for one-family uses.
ii. Regular Condominiums:
• Front Yards. Twenty-five (25) feet as measured from the front lot line, but porches may encroach up to eight (8) feet inside of the required front setback. However, the Planning Commission may consider a modified setback through the special land use procedures outlined in Section 3.03, and providing the modification does not result in an increased density.
• Minimum Distance Between Buildings. Twenty (20) feet when side to side, forty (40) feet in all other cases, unless the Building Code requires a greater setback for fire separation.
C. State Highway Setback. A fifty (50) foot setback shall be required for all parcels abutting a State Highway.
D. Height Regulations. No building or structure shall exceed two (2) stories or twenty-five (25) feet.
(3) Multiple Family Uses.
A. Maximum Density. The intent of the MXD District, is to provide a variety of housing unit sizes within each development. Therefore, the maximum density shall be computed as follows, and shall be calculated exclusive of any dedicated public right-of-way of either an interior or adjacent street:
i. Efficiency or one (1) bedroom units shall not exceed ten (10) dwelling units per net acre or 4,356 square feet of site area for each dwelling unit.
ii. Two (2) bedroom units shall not exceed eight (8) dwelling units per net acre or 5,445 square feet of site area for each dwelling unit.
iii. Three (3) bedroom units shall not exceed six (6) dwelling units per net acre or 7,260 square feet of site area for each dwelling unit.
The actual mix shall be approved by the Planning Commission.
B. Front Yard. There shall be a front yard of not less than ten (10) feet as measured from the front lot line. However, the Planning Commission may consider a modified setback providing the modification does not result in an increased density.
C. Side Yard. The side yard shall be a minimum of eight (8) feet unless adjacent to a one (1) or two (2) family residential use for which a minimum of a sixteen (16) foot setback is required.
D. Distance Between Buildings. The minimum distance between two (2) multiple family dwelling building shall be twenty-five (25) feet for a two (2) story building and thirty (30) feet for a three story building, unless the Building Code requires a greater setback for fire separation.
E. Perimeter Setback. Up to a one hundred (100) foot setback shall be required along the perimeter of the development, unless modified or waived by Planning Commission.
F. State Highway Setback. A fifty (50) foot setback shall be required for all parcels abutting a State Highway.
G. Height Regulations. No building or structure shall exceed two (2) stories or twenty-five (25) feet.
(4) Mixed Use, Commercial (excluding retail), Office, Other Non-Commercial Uses.
A. Front Yard. There shall be a front yard of not less than ten (10) feet as measured from the front lot line. However, the Planning Commission may consider a modified setback providing the modification does not result in an increased density.
B. Side Yard. The side yard shall be a minimum of five (5) feet unless adjacent to a one (1) or two (2) family residential use for which a minimum of a twenty (20) foot setback is required.
C. Distance Between Buildings. The minimum distance between two (2) mixed use buildings which include multiple family dwellings shall be twenty-five (25) feet for a two (2) story building and thirty (30) feet for a three (3) story building, unless the Building Code requires a greater setback for fire separation.
D. Rear Yards. There shall be a rear yard setback of not less than twenty (20) feet, but a garage with access off a rear alley may be setback a minimum of five (5) feet.
E. Perimeter Setback. A one hundred (100) foot setback shall be required along the perimeter of the development, unless modified or waived by Planning Commission.
F. State Highway Setback. A fifty (50) foot setback shall be required for all parcels abutting a State Highway.
G. Height Regulations. No building or structure shall exceed two (2) stories or twenty-five (25) feet for a single tenant use, or three (3) stories or thirty-five (35) feet for a multi-tenant use.
(5) Retail Uses.
A. No larger than twenty-five thousand (25,000) square feet; however, the Planning Commission, at its sole discretion, may consider retail buildings greater in size, providing the following criteria are satisfied:
i. No more than twenty (20) percent of the parking is provided in front of the building, the remaining eighty (80) percent may be divided between the rear and side yards. However, the ratio may be modified at the sole discretion of the Planning Commission based upon satisfying at least one (1) of the following criteria:
a. A solid wall, landscaping, or a combination thereof, in excess of the requirements for Section 5.10(d) is provided around the perimeter of the parking lot. Architectural features/focal points may be included to complement the landscaping.
b. Multiple smaller buildings are provided adjacent to the perimeter public road to screen the internal parking area.
c. A combination of a. and b.
ii. The architectural style shall be consistent with the adjacent structures (including residences) and shall not vary between the front, rear and side facades, with the exception of the loading/unloading areas.
iii. Horizontal masses shall not exceed a height:width ratio of 1:3 without substantial variation in massing that includes a change in height with projecting or recessed elements.
iv. No more than two (2) direct access drives shall be provided from the adjacent arterial or collector street. Access to other portions of the building shall be provided via internal and/or service drives.
v. All buildings shall have a roof pitch of no less than four (4) inches of rise (vertical) to twelve (12) inches of run (horizontal). However, larger buildings for which this is demonstrated not to be practical, shall provide an alternate solution to be reviewed and approved by the Planning Commission (i.e. extended parapet, mansard roof, etc.).
vi. The exterior of the building shall appear to be an abundance of individual uses through the inclusion of windows and varying architectural treatments, while the interior may consist of one (1) individual use.
(c) Minimum Floor Area. The minimum floor area of dwelling units shall be as follows:
Type of Dwelling Total Usable Floor Area (sq. ft.)
One Family 900
Two Family, per dwelling unit 800
Multiple Family:
Efficiency unit 450
One-bedroom unit 600
Two-bedroom unit 750
Three bedroom unit 900
(d) Open Space Requirement and Computation.
(1) Residential Uses. An active and passive recreation/open space plan shall be submitted to Planning Commission for consideration. The plan shall demonstrate that at least fifteen (15) percent of the gross land area is maintained for recreation/open space amenities which accurately reflect the intended demographics of the development.
(2) All Non-Residential Uses. Each non-residential use shall contribute to the establishment or enhancement of community and public spaces by providing at least two (2) of the following: patio/seating area, pedestrian plaza with benches, transportation center, window shopping walkway, outdoor playground area, kiosk area, water feature, clock tower or other such deliberately shaped area, focal feature or amenity that, in the judgment of the City, adequately enhances such community public spaces. Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape. Two (2) adjacent occupants may provide combined open/public space amenities where the resulting space is more beneficial to the City due to size and location.
(e) Site Access. Access to pubic roads for both pedestrians and vehicles shall be controlled in the interest of public safety. Each building or group of buildings and its parking or service area, shall be subject to the following restrictions:
(1) Provisions for circulation between adjacent parcels are required through coordinated or joint parking systems.
(2) Driveway placement must be such that loading and unloading activities will not hinder vehicle ingress or egress.
(3) When applicable, the primary access point into a site may be permitted to be via a rear access drive/alley to be shared by all adjoining uses. The drive shall be no less than twenty (20) feet wide within a forty (40) foot easement.
(f) Parking/Loading. All off-street parking areas shall conform to Article 10 unless a stricter provision is provided below:
(1) Off-street parking for non-residential uses shall be located predominantly within the side or rear yard areas. Up to twenty (20) percent of the off-street parking may be permitted within the front yards when abutting a public right-of-way. All parking areas shall be setback a minimum of ten (10) feet from any public road right-of-way, a minimum of fifteen (15) feet from the property line of any residential use, and a minimum of five (5) feet from the property line of any nonresidential use, unless the lots contain shared parking areas.
(2) All loading areas for non-residential uses shall be located within rear yard areas.
(g) Pedestrian Pathways and Sidewalks. Vehicular access and circulation shall be planned to ensure safe pedestrian movement within the development. Pedestrian systems shall provide safe, all-weather surface, efficient, and aesthetically pleasing means of on-site movement and shall be an integral part of the overall site design concept. Pedestrian pathway connections to parking areas, buildings, other amenities and between on-site and perimeter pedestrian systems shall be planned and installed wherever feasible. All paths and sidewalks shall be a minimum of eight (8) feet when abutting a parking lot, all others shall be five (5) feet in width, and each shall be constructed of concrete or decorative pavers. Sidewalks are required along all roadways.
(h) Signage. All signs permitted within this district shall be subject to the provisions of Article 7, Signs, unless a stricter provision is provided below. The intent of this section is to ensure that signs shall be compatible in size, design, appearance and material, and subject to the following requirements and standards.
(1) Billboards are strictly prohibited.
(2) No signs shall be attached to exterior glass, nor contain exposed neon tubing.
(3) All signs shall be designed so as to be integral and compatible with the architecture and landscaping component of the development.
(4) Conceptual sign designs shall be submitted with the site plan and the Planning Commission shall review these conceptual plans together with the site plan.
(5) Wall Signs for Non-Residential Uses.
A. Multi-tenant buildings with a shared entrance may have one (1) wall sign that measures 1.5 times the total area permitted for a wall sign.
B. Multi-tenant buildings with separate entrances may each have one (1) wall sign per tenant that complies with the sign area permitted in this subsection.
C. Corner tenants may have two (2) signs, one (1) on the face of each facade facing a public road, driveway or parking lot. The second sign may measure up to seventy-five (75) percent of the area permitted for the principal wall sign.
D. The face of each wall sign shall measure no larger than thirty (30) square feet, forty-five (45) square feet for multi-tenant buildings with a shared entrance. However, an additional ten (10) square feet may be approved by the Planning Commission when the following criteria are met:
i. The building is located more than one hundred (100) feet from the edge of the public road right-of-way.
ii. The tenant occupies a proportionately larger portion of the building than the remaining tenants.
iii. The sign is proportionate to the mass and scale of the building.
Wall signs exceeding the permitted area noted above will be subject to the special land use criteria of Section 7.04(c).
E. All walls signs, if illuminated, shall be illuminated in a manner that is not intermittent, nor causing a hazard to others.
F. Mixed use/commercial/office/other non-residential uses may substitute a projecting sign for a wall sign based upon the following considerations:
i. The size, shape and topography of the property.
ii. The relationship of the sign to neighboring properties and signs.
iii. The relationship to and visibility from the public street where the property is located.
(6) Ground (Free-Standing) Signs for Non-Residential Uses.
A. Only one (1) free-standing sign is permitted on any premise; however, the Planning Commission may permit a second sign which is not to exceed seventy-five (75) percent of the first sign area when having frontage on two (2) streets.
B. All ground signs shall be setback a minimum of ten (10) feet from the public right-of-way, ten (10) feet from the edge of the pavement of any driveway and ten (10) feet from the public sidewalk.
C. No ground sign shall be within one hundred (100) feet of another ground sign.
D. All ground signs, if illuminated, shall be illuminated in a manner that is not intermittent, nor causing a hazard to others.
E. All ground signs shall be no taller than six (6) feet above grade, unless Planning Commission deems there to be a demonstrated need for increased height based upon the special land use criteria of Section 7.04(c).
F. No ground sign shall exceed thirty-two (32) square feet per side, or sixty-four (64) square feet total. The ground sign shall also only identify the name of the center.
(i) Lighting. All lighting shall conform to the requirements of Section 8.05, in order to maintain vehicle and pedestrian safety, site security, and accentuate architectural details.
(1) All street lighting shall be installed in accordance with City standards.
(2) Architectural lighting, which is strongly recommended, shall articulate the particular building design, as well as provide the required functional lighting for safety of pedestrian movement.
(3) Pedestrian walk lighting shall clearly identify the pedestrian walkway and direction of travel.
(j) Landscaping/Greenbelts/Buffers/Screening Elements. All landscape features of the site shall conform to the requirements detailed in Section 5.10, in order to ensure that the image of the City is promoted by the organization, unification and character of the District.
(k) General Site Design/Architectural Guidelines for Non-Residential Uses. It is the intent of the District to provide an environment of high quality and complementary building architecture and site design. Special emphasis shall be placed upon methods that tend to reduce the large-scale visual impact of buildings, to encourage tasteful, imaginative design for individual buildings, and to create a complex of buildings compatible with the streetscape.
(1) Miscellaneous Design Criteria.
A. Building entries shall be readily identifiable and accessible, with at least one (1) main entrance facing and open directly onto a connecting walkway with pedestrian frontage.
B. Architecture will be evaluated based upon its compatibility and relationships to the landscape, and vice versa.
(2) Building Massing and Form.
A. Architectural interest shall be provided through the use of repetitious patterns of color, texture and material modules, at least one (1) of which shall repeat horizontally. Each module should repeat at intervals of no more than fifty (50) feet.
B. Building facades greater than one hundred (100) feet in length shall incorporate recesses, projections, or spandrel windows along at least twenty (20) percent of the length of the facade. Windows, awnings, and arcades must total at least sixty (60) percent of a facade length abutting a public street or connecting pedestrian frontage.
C. Primary building entrances shall be clearly defined and recessed or framed by a sheltering element such as an awning, arcade or portico in order to provide shelter from the summer sun and winter weather.
(3) Materials.
A. Low maintenance shall be a major consideration.
B. Materials shall blend with those existing on adjacent properties.
C. One (1) dominant material shall be selected, with a preference towards masonry and stone.
(4) Building Roofs.
A. In instances where roof vents, roof-mounted mechanical equipment, pipes, etc., can be viewed from above, they shall be grouped together, painted to match roof color to reduce their appearance, and screened from view.
B. In instances where flat roof areas can be viewed from below, all roof vents, roof-mounted mechanical equipment, pipes, etc., shall be screened from view.
C. Sloped and pitched roof treatments are preferred.
D. There shall be variations in roof lines to reduce the massive scale of the structure and add visual interest.
(5) Color and Texture.
A. Simple and uniform texture patterns are encouraged.
B. Variations in color shall be kept to a minimum.
C. Colors shall be subdued in tone, of a low reflectance and of neutral or earth tone colors.
D. Accent colors may be used to express corporate identify, however, neon tubing is prohibited.
(l) Screening of Exterior Electrical Equipment and Transformers.
(1) Transformers that may be visible from any primary visual exposure area shall be screened with either plantings or a durable non combustible enclosure which are unified and harmonious with the overall architectural theme.
(2) Exterior-mounted electrical equipment shall be mounted on the interior of a building wherever possible, or shall be located where it is substantially screened from public view. Such equipment shall never be located on the street side or primary exposure side of any building.
(m) Utilities and Communication Devices.
(1) All exterior on-site utilities, including but not limited to drainage systems, sewers, gas lines, water lines, and electrical, telephone, and communications wires and equipment, shall be installed and maintained underground whenever possible.
(2) On-site underground utilities shall be designed and installed to minimize disruption of off-site utilities, paving, and landscape during construction and maintenance.
(3) Satellite dish and antennas shall comply with the standards set forth in Section 6.23.
(n) Cross-Parcel Coordination. The intent of the MXD District is to provide a continuous development pattern which flows between uses and developments. Therefore, a developer shall show proof that an attempt has been made to coordinate all elements of a development with existing adjacent developments and property owners to ensure a coordinated development pattern within the area.
Any resident, or group of residents, residing within the City of Howell, may petition the Planning Commission for Historic Overlay District designation. Upon receiving the designation, all future construction, reconstruction, alteration, moving or demolition shall comply with the regulations of this section.
(a) Regulations for All Structures. The following standards apply to all structures and uses in the HL-1 and HL-2 districts:
(1) Standards for Approval. The following standards shall apply to all proposed construction, reconstruction, alteration, moving or demolition:
A. Submit a site plan for consideration by the Planning Commission.
B. Where the Planning Commission deems it necessary, it may hold a public hearing concerning the application.
C. The Planning Commission shall consider the following:
1. The historical or architectural value and significance of the structure and its relationship to the historical value of the surrounding area;
2. The relationship of the exterior architectural features of the structure to the rest of the structure and the surrounding area;
3. The general compatibility of exterior design, arrangement texture and materials proposed to be used; and
4. Other factors, including aesthetic value, which the Planning Commission considers pertinent.
D. If the Planning Commission determines that the proposed construction, reconstruction, alteration, moving or demolition is appropriate, it shall approve the application.
E. If the Planning Commission determines that the site plan is not appropriate, the minutes shall reflect the reasons for such determination.
(2) Permitted Repairs and Restorations.
A. Original Appearance. Repairs may be made to the exterior of any significant or contributing historic structure, or noncontributing structure, if the repairs will not change the appearance and type of materials of any part of the structure. A change in the appearance of such structures by repair or replacement will be permitted if the result is the restoration of the structure to a documented earlier or original condition.
B. Mortar Repair. Repointing of defective mortar shall match the original mortar in color, profile and texture.
C. Roofs. Except for roofs made of slate, metal or terra cotta, roofing materials may be replaced.
D. Surface Covering. Surfaces that are currently painted or stained may be repainted or restained. Surfaces which are currently covered with wood, vinyl or aluminum siding may be repaired with the same materials as currently exist.
E. Awnings, Windows and Doors. Existing awnings may be repaired and replaced. Windows, storm windows and doors may be repaired and replaced, provided that the size of the opening does not change and that all frames are painted.
F. Porches, Trim and Architectural Features. Porches, trim and architectural features may be repaired or replaced with materials of the same type, style and texture as the original.
G. Emergency Repairs. This section shall not be deemed to prevent the construction, reconstruction, alteration, restoration or demolition of any feature that the Zoning Administrator or a similar official certifies is required because of a threat to the public safety due to an unsafe or dangerous condition.
(3) Demolition. The following standards shall apply to all structures within the District:
A. No person shall demolish or move a significant, contributing or noncontributing structure, unless such demolition or move is approved by the Planning Commission. The Planning Commission may approve such demolition or move if it receives satisfactory evidence that the structure in question will be replaced by a structure having a design that is consistent with the historic architecture of the District.
B. Deliberate or irresponsible neglect of a building or structure resulting in any of the following conditions shall constitute demolition by neglect and shall be a violation of this section.
1. The deterioration of exterior walls or other vertical supports;
2. The deterioration of roofs or other horizontal members;
3. The deterioration or crumbling of exterior plaster or mortar;
4. The deterioration of exterior chimneys;
5. The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows and doors; or
6. The deterioration of any exterior architectural feature so as to create or permit the creation of a hazardous or unsafe condition which, in the judgment of the Planning Commission, produces a detrimental effect upon the character of the structure.
(4) Standards. The following standards shall apply to all structures within the District:
A. Air Conditioning Units. Air conditioning machinery for central units shall be screened from view on all sides, and window air conditioning units may only be used where such units are not visible from the street, either by locating such units in windows hidden from street view or by screening them as aforesaid. Window air conditioning units in rooms used for residential purposes only are exempt from this subsection.
B. Fences. Chain link or similar security-type wire fencing is prohibited on corner lots and within fifty (50) feet of the front lot line for all other properties. Other types of fencing shall be subject to Section 5.11.
C. Vegetation. Natural trees, shrubs, vines and other vegetation may be installed, removed, trimmed and otherwise maintained, except that trees having a trunk diameter greater than twelve (12) inches at fifty-four (54) inches above grade level may be removed only after permission is granted by the Zoning Administrator upon a determination that the tree is diseased, dead or dangerous.
D. Skylights. Skylights and dormers may be installed on roofs not facing a street. Except on rear-facing or flat roofs, skylights must have glazing which is parallel to the roof surface. Flanges of skylights shall not extend more than six (6) inches above the roof surface.
E. Openings. The addition of new openings, such as windows and doors, or enlargement of existing openings, may be made to facades not facing a street. The addition of new openings or enlargement of existing openings may be made to facades facing a street only when such change adds to the historical or architectural value and significance of the structure.
F. Additions. Additions may be made to building facades not facing a street. Additions may be made to building facades facing a street only when such addition adds to the historical or architectural value and significance of the structure.
G. Surface Covering. Unpainted brick, terra cotta or stone shall not be painted or otherwise covered. Otherwise, new materials of any kind may be applied to existing wall surfaces, provided that:
1. The width of all new materials covering wooden or clapboard siding, window and door frames, eaves, fascia, corners and skirt or drip boards shall be within one (1) inch of the original.
2. Resurfacing materials applied to the exterior of any existing building shall not conceal or require the removal of any original architectural detail associated with barge boards, brackets, ornamental shingle work or other similar features.
(5) Recommended Restoration. The following restoration practices are encouraged to allow all buildings within the District to conform more closely to their original appearance.
A. Replacement of excessively deteriorated details with new material that is visually identical to the original;
B. Uncovering of original wooden shingles, clapboard, board and batten siding;
C. Changes in exterior siding and in the form of windows and doors, porches, trim and ornamentation where evidence of the original appearance is available;
D. Preservation of original glass in windows and doors;
E. Replacement of concrete steps and metal banisters with wood where such replacement is in keeping with the architectural character of the building;
F. Location or relocation of air conditioners, meter boxes and similar mechanical equipment so as not to be visible from the street;
G. Removal of non original materials from front and side facades, especially plastic, fiberglass, imitation stone or aluminum; and
H. Maintenance of original interior woodwork, including windows, doors, frames, banisters, staircases, open stairwells, original light fixtures, ornamental plaster work, hardware, marble bathroom fixtures, fireplaces, mantelpieces and hearths.
I. Unpainted woodwork should not be painted.
(b) Regulations for Non-Residential Structures in the HL-1 District.
(1) Standards.
A. Barrier-Free Ramps. Barrier-free ramps conforming to the architectural style of a building in the District may be used, if required by State authority, or at the discretion of the property owner, to provide access to the building. Any variances from barrier-free building requirements must be obtained from the State.
B. Fire Escapes. No person shall install a fire escape on the street facade of a building in the District. Fire escapes on side facades may be installed only with the prior approval of the Planning Commission.
(2) Parking. Parking requirements for uses permitted in the underlying zoning district are provided in Article 10. In addition, the following standards shall apply:
A. 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.
B. Parking shall not be permitted in a front or side yard.
C. Parking areas shall have appropriate means of vehicular access to a street as well as maneuvering areas. No driveway or curb cut shall exceed thirty (30) feet in width, and detailed plans shall be submitted to the Planning Commission for approval before a permit may be obtained therefore. Such parking areas shall be paved with an asphaltic or concrete surfacing, afford adequate drainage and have bumper guards where needed.
D. Parking areas shall be used only for automobile, light truck and bicycle parking for the business invitees, employees, proprietors and residents of a building.
E. If lighting is provided, it shall be arranged to reflect away from the residential area and from any public street or highway.
F. Additional screening of parking areas by a hedge or sightly fence or wall, not less than five (5) feet high nor more than seven (7) feet high, located in back of the setback building lines, may be required to conceal such parking areas from the street, from the sides and from the rear.
(3) Signs. Requirements of the District relating to signs are provided in Article 7.
(c) Variances and Appeals. Persons aggrieved by any decision of the Zoning Administrator or the Planning Commission in the enforcement of this section may appeal such decision to the Board of Zoning Appeals. Applications for variances from the strict application of this section may also be made to the Board.
The Mobile Home Code, as established by the Mobile Home Commission and the Michigan Department of Environmental Quality Rules under the authority of 1987 P.A. 96, as amended, regulates development of mobile home parks. All mobile home parks must be constructed according to the standards of the Code. In addition to the rules and standards of the State of Michigan, the City of Howell imposes the following conditions:
(a) Mobile home parks shall be constructed, licensed, operated, and managed in accordance with the provisions of the Mobile Home Commission Act, 1987 P.A. 96, as amendment, and subsequently adopted rules and regulations governing mobile home parks.
(b) Mobile home parks shall not be permitted on parcels less than ten (10) acres in size.
(c) Individual mobile home sites within a mobile home park shall have a minimum lot size of 5,500 square feet per mobile home being served. This 5,500 square foot minimum may be reduced by twenty (20) percent, provided that the individual site shall be equal to at least 4,400 square feet. For each square foot of land gained through this reduction of the site below 5,500 square feet, an equal amount of land shall be dedicated as open space. In no case shall the open space requirements be less than that required under R125.1946, Rule 946 of the Michigan Administrative Code.
(d) The on-site storage of boat trailers, boats, camping units, horse trailers and similar recreational equipment shall be prohibited on mobile home sites and in designated open space areas. The mobile home park may provide, within the confines of the park, a common outdoor storage area for the storage of the above mentioned equipment.
(e) The minimum setback for mobile home parks shall be fifty (50) feet from a public right-of-way. Mobile home parks shall be landscaped as follows:
(1) If the mobile home park abuts an existing residential development, the park shall be required to provide screening along the park boundary abutting the residential development.
(2) If the park abuts a non-residential development, the park need not provide screening.
(3) In all cases, however, a park shall provide screening along the park boundary abutting a public right-of-way.
(f) The landscaping shall consist of evergreen trees or shrubs of minimum three (3) feet in height that is spaced so they provide a continuous screen at maturity. Alternative screening devices may be utilized if they conceal the mobile home park as effectively as the required landscaping described above.
(g) Mobile home parks shall be subject to preliminary plan review requirements in accordance with 1987 P.A. 96, as amended.
(h) A permit shall not be required for the construction or erection of canopies or awnings that are open on three (3) sides. A building permit shall be required, however, before the construction of erection of any screened, glassed-in, or otherwise enclosed awning or canopy.
(a) Purpose and intent. The purpose and intent of this Section is to regulate the location and operation of sexually oriented businesses and to minimize their negative secondary effects. Based upon studies undertaken and reported by numerous other communities, it is recognized that the adult businesses, identified in this ordinance because of their very nature, have serious objectionable operational characteristics that cause negative secondary effects upon nearby residential, educational, religious, and other similar public and private uses. The regulation of sexually oriented businesses is necessary to ensure that their negative secondary effects will not contribute to the blighting or downgrading of surrounding areas and will not negatively impact the health, safety, and general welfare of residents.
The provisions of this Ordinance are not intended to offend the guarantees of the First Amendment to the United States Constitution, or to deny adults access to sexually oriented businesses and their products, or to deny sexually oriented businesses access to their intended market. Neither is it the intent of this Ordinance to legitimatize activities which are prohibited by City ordinance or state or federal law. The regulations in Section 6.25 are for the purpose of locating these uses in areas where the adverse impact of their operations may be minimized by the separation of such uses from one another and places of public congregation.
Prior to adopting these regulations, the City reviewed studies prepared on these uses, reviewed ordinances and regulations prepared by other municipalities, and reviewed applicable federal and state case law. Based on evidence of the adverse effects of adult uses presented in reports made available to the City Council and on findings incorporated in the cases of Pap's AM v City of Erie, 529 US 277 (2000), Deja Vu of Nashville v Metropolitan Government of Nashville & Davidson County, 466 G3d 391 (6th Cir 2006), Sensations, Inc. v City of Grand Rapids, 2006 WL 2504388 (WD MI 2006), Van Buren Township v Garter Belt, 258 Mich App 594; 673 NW2d 111 (2003), Bronco's Entertainment v Charter Township of Van Buren, 421 F3d 440 (6th Cir 2005), Thomas v Chicago Park District, 122 S Ct 775 (2002), City of Renton v Playtime Theatres Inc, 475 US 41 (1986), Young v American Mini Theatres, 426 US 50 (1976), Barnes v Glen Theatre Inc, 501 US 560 (1991); California v LaRue, 409 US 109 (1972); DLS Inc v City of Chattanooga, 107 F3d 403 (6th Cir 1997); East Brooks Books Inc v City of Memphis, 48 F3d 2200 (6th Cir 1995), Broadway Books v Roberts, 642 F Supp 4867 (ED Tenn 1986); Bright Lights Inc v City of Newport, 830 F Supp 378 (ED Ky 1993); Richland Bookmart v Nichols, 137 F3d 435 (6th Cir 1998), Richland Bookmart v Nichols, 278 F3d 570 (6th Cir 2002); Déjà vu of Cincinnati v Union Township Board of Trustees, 411 F3d 777 (6th Cir 2005); Déjà vu of Nashville v Metropolitan Government of Nashville, 274 F3d 377 (6th Cir 2001); Bamon Corp v City of Dayton, 7923 F2d 470 (6th Cir 1991); Threesome Entertainment v Strittmather, 4 F Supp 2d 710 (ND Ohio 1998); JL Spoons Inc v City of Brunswick, 49 F Supp 2d 1032 (ND Ohio 1999); Triplett Grille Inc v City of Akron, 40 F3d 129 (6th Cir 1994); Nightclubs Inc v City of Paducah, 202 F3d 884 (6th Cir 2000); O'Connor v City and County of Denver, 894 F2d 1210 (10th Cir 1990); Deja Vu of Nashville Inc et al v Metropolitan Government of Nashville and Davidson County, 2001 USA App LEXIS 26007 (6th Cir Dec 6. 2001); ZJ Gifts D-2 LLC v City of Aurora, 136 F3d 683 (10th Cir 1998); Connection Distribution Co v Reno, 154 F3d 281 (6th Cir 1998); Sundance Associates v Reno, 139 F3d 804 (10th Cir 1998); American Library Association v Reno, 33 F3d 78 (DC Cir 1994); American Target Advertising Inc v Giani, 199 F3d 1241 (10th Cir 2000); ZJ Gifts D-2LLC v City of Aurora, 136 F3d 683 (10th Cir 1998); ILQ Investments Inc v City of Rochester, 25 F3d 1413 (8th Cir 1994); Bigg Wolf Discount Video Movie Sales Inc v Montgomery County, 2002 US Dist LEXIS 1896 (D Md Feb 6 2002); Currence v Cincinnati, 2002 US App LEXIS 1258 (3rd Cir Jan 24, 2002); and other cases; and on testimony to Congress in 136 Cong Rec S 8987; 135 Cong Rec S 14519; 135 Cong Rec S 5636; 134 Cong Rec E 3750; and reports of secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Phoenix, Arizona - 1979; Minneapolis, Minnesota - 1980; Houston, Texas - 1997; Amarillo, Texas; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Austin, Texas - 1986; Seattle, Washington - 1989; Oklahoma City, Oklahoma - 1986; Cleveland, Ohio - and Dallas, Texas - 1997; St. Croix County, Wisconsin - 1993; Bellevue, Washington - 1998; Newport News, Virginia - 1996; New York Times Square 1993; Bellevue, Washington - 1998; Newport News, Virginia - 1996; New York Times Square study - 1994; Phoenix, Arizona - 1995-98; and also on findings from the paper entitled "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota, and from "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan 12, 2000, and the Report of the Attorney General's Working Group On the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the City Council finds that sexually oriented businesses as a category of establishments are correlated with harmful secondary effects, and that the foregoing reports are reasonably believed to be relevant to the problems that Howell is seeking to abate and prevent in the future. Due to the potential for harmful secondary effects, the City Council further determines that it is in the best interests of the City that the decision on any application for a special use approval for a sexually oriented business be made by the City Council after review and recommendation by the Planning Commission. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one (1) area (i.e., not more than two (2) such uses within a specified distance of each other which would create such adverse effect(s). Sexually oriented businesses are classified as follows.
1. adult arcades;
2. adult bookstores or adult video stores;
3. adult cabarets;
4. adult massage parlors;
5. adult motels;
6. adult motion picture theaters;
7. adult theaters;
8. adult nudity or retail stores;
9. escort and escort agencies;
10. nude model studios; and
11. sexual encounter centers.
(b) Location. Sexually oriented business uses, as defined herein, shall be permitted within the B-2 (General Business), I-1 (Industrial 1) and I-2 (Industrial 2) Districts as a use subject to special approval, and further subject to the following conditions:
(1) No sexually oriented business as defined herein shall be permitted within one thousand (1,000) feet of an existing sexually oriented business. Measurement of the 1,000 feet shall be made in a straight line without regard to intervening structures or objects from the closest exterior wall of each business.
(2) No sexually oriented business as defined herein shall be permitted within five hundred (500) feet of a residentially zoned or used parcel, school, library, public park, playground, licensed group day-care home or center, or religious institution. Measurement of the five hundred (500) feet shall be made without regard to intervening structures or objects from the nearest point of the property line of the premises where the sexually oriented business is conducted, to the nearest point of the property line of those uses mentioned above.
(3) A sexually oriented business site shall not be located closer than five hundred (500) feet to the right-of-way of Interstate 96 as well as all principal and/or minor arterial roads within the City of Howell, as designated by the City's Master Plan.
(4) A person is in violation of this Ordinance if he/she causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand (1,000) feet of another sexually oriented business.
(5) A person is in violation of this Ordinance if he/she causes or permits the operation, establishment or maintenance of more than one (1) sexually oriented business in the same building, structure or portion thereof or the substantial enlargement of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
(6) For the purposes of measuring the required distances and separations in Sub-Section (1) and (2) above, access easements or portions of the parcel that are exclusively used to provide access to the site of the sexually oriented business shall be excluded from the parcel boundary in determining whether the site complies with the required separation. The intent of this exclusion is to allow sexually oriented businesses to comply with the separation requirement from major thoroughfares by means of an access easement or access strip of land from the site to the thoroughfare.
(c) Review. Any application for special use approval for a sexually oriented business shall proceed before the Planning Commission for recommendation, and the City Council for final decision. In reviewing an application for special use approval, the Planning Commission and City Council shall apply the standards contained in Section 3.03 of this Ordinance. Further, the Planning Commission and City Council shall consider the following additional standards with respect to the sexually oriented business:
(1) That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this Section will be observed.
(2) That the proposed use will not enlarge or encourage the development of an area in which the homeless, unemployed, transients or others may loiter or congregate for no gainful purpose.
(3) That the establishment of any additional sexually oriented business use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any plans for future development of the area according to the City's Master Plan.
(4) That all applicable regulations of this Ordinance will be observed.
(d) Time limits for review. The following time limits shall apply to the review of an application by the Planning Commission and City Council for special approval of a sexually oriented business as regulated by this Section.
(1) The Planning Commission will publish notice and hold a public hearing as required for special land use approval review within sixty (60) days of receiving a complete and technically compliant special approval and site plan application as required by Section 3.03(b) of the Zoning Ordinance for a sexually oriented business.
(2) The Planning Commission will make its recommendation regarding the special approval application for a sexually oriented business at the next regularly scheduled meeting of the Planning Commission following the public hearing held to review the application, unless additional information is required from the applicant. If additional information is required, the Planning Commission will make its recommendation at the next regularly scheduled meeting after receipt of the requested additional information, provided the additional information is received no later than fifteen (15) days prior to the meeting.
(3) The recommendation of the Planning Commission will be forwarded to the City Council within sixty (60) days of the meeting at which Planning Commission issues its recommendation. The City Council will render its decision to grant or deny special approval of the sexually oriented business or to grant approval with conditions, as stipulated by the Zoning Ordinance at this meeting.
(4) Failure of the City to act within the above specified time limits shall not be deemed to constitute the grant of special approval to the sexually oriented business.
(5) The Planning Commission may recommend that the City Council impose such conditions or limitations upon the establishment, location, construction, maintenance or operation of the sexually oriented business, as shall, in its judgment, be necessary for the protection of the public health, safety, welfare and interest, except that any conditions imposed on a sexually oriented business as defined in this Section shall be limited to those conditions necessary to assure compliance with the standards and requirements in this Section. Likewise, the City Council may impose conditions or limitations as deemed necessary. Any evidence and guarantee may be required as proof that the conditions stipulated in connection with the establishment, maintenance and operation of a sexually oriented business shall be fulfilled.
(e) Effect of denial. No applicant for a regulated use which has been denied wholly or in part shall be resubmitted for a period of one (1) year from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions.
(f) Revocation. In any case where a building permit for a regulated use is required and has not been obtained within six (6) months after the granting of the special approval by the City Council, the grant of special approval shall become null and void.
(g) Miscellaneous requirements and conditions.
(1) No person shall reside in or permit any person to reside in the premises of a sexually oriented business.
(2) Such uses shall comply with all applicable federal, state, and local licensing regulations. Initial and annual proof of such compliance shall be a condition for continuance of licensure by the City.
(3) Nothing contained in this Section shall relieve the operator(s) of a sexually oriented business from complying with other requirements of this Ordinance as it may be amended from time to time, or any subsequently enacted Ordinances.
(4) All off-street parking areas and entry door areas of a sexually oriented business shall be illuminated from dusk until the closing time of the business with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on all parking surfaces and/or walkways. This requirement is to ensure the personal safety of patrons and employees, and to reduce the incidence of vandalism and other criminal conduct.
(5) The landscaping requirements of Section 5.10 shall apply to all such uses with the following exceptions:
(a) No shrub/hedge shall be taller than three (3) feet within the required front yard of the building and when grouped shall maintain an opacity of no greater than 80% (as defined in Section 5.10(d)).
(b) All trees shall be limbed up (removal of all lower limbs) to ensure a clear zone of no less than four (4) feet from grade.
(6) Where a fence/wall is required it shall be no taller than six (6) feet in all locations with the exception of the required front yard where three (3) feet shall prevail.
(7) Any business now classified as sexually oriented business lawfully operating on the date of adoption of the Ordinance, that is in violation of Sub-Sections (b)(1), (2) or (3) above shall be deemed a nonconforming use.
(h) Nude entertainment prohibited in alcoholic commercial establishment. It shall be unlawful for any person to perform in any alcoholic commercial establishment, to knowingly permit or allow to be performed therein, any of the following acts or conduct:
(1) The public performance of acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellations, or any sexual acts which are prohibited by law;
(2) The actual or simulated touching, caressing or fondling on the breasts, buttocks, anus or genitals in public; or
(3) The actual or simulated public displaying of the pubic hair, anus, vulva or genitals.
(4) It shall be unlawful for the owner, operator, agent or employee of an alcoholic commercial establishment to allow any female to appear in an alcoholic commercial establishment so costumed or dressed that one or both breasts are wholly or substantially exposed to public view. Topless or bottomless or totally uncovered waitresses, bartenders or barmaids, entertainers including dancers, impersonators, lingerie shows, or any other form for the attraction or entertainment of customers, is strictly prohibited. "Wholly or substantially exposed to public view" as it pertains to breasts shall mean the showing of the female breast in an alcoholic commercial establishment with less than a fully opaque covering of all portions of the areola and nipple, and the prohibition shall also extend to such events similar to wet t-shirt contests, lingerie shows or bikini shows.
(i) Exterior display and signs. A sexually oriented business is in violation of this Section if:
(1) The merchandise or activities of the establishment are visible from any point outside the establishment; or
(2) The exterior portions of the establishment or signs have any words, lettering, photographs, silhouettes, drawing or pictorial representatives of any specified anatomical area or sexually explicit activity as defined in this Ordinance.
(j) Advertising.
(1) The building and premises shall be designed and constructed so the material depicting, describing, or relating to specified sexual activities or specified anatomical areas cannot be observed by pedestrians or from vehicles on any public right-of-way. This provision shall apply to any display, decoration, sign, show window, or other opening. This prohibition shall not extend to advertising of the existence or location of such sexually oriented business.
(2) The permittee shall not allow any portion of the interior premises to be visible from outside the premises.
(3) Pursuant to Article 7, each conforming sexually oriented business shall be permitted both wall and freestanding signs which announce the names of the business. No off-premise or portable signs shall be permitted.
(k) Parking/Lighting.
(1) All off-street parking areas and premise entries of the sexually oriented business shall meet the requirements for parking under Article 10 of this Ordinance.
(2) Premise entries and parking areas shall be illuminated from dusk to closing hours of operation with a lighting system that complies with Article 8, Section 8.05(a), Exterior Lighting from Direct Sources. The lighting shall be shown on the required site plan.
(l) Hours of Operation. No sexually oriented business, except for an adult motel, may remain open at any time between the hours of 1:00 A.M. and 8:00 A.M., on weekdays and Saturdays, and 1:00 A.M. and 12:00 P.M. on Sundays.
(m) License required to operate a sexually oriented business. Special approval and site plan approval shall be granted on the condition that the operator or owner of a sexually oriented business obtains a license to operate the business as required by Chapter 810 of the Howell City Code.
(n) Nonconforming use. Any sexually oriented business lawfully operating on the effective date of this Section that is in violation of this Section shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to conforming use. If two (2) or more sexually oriented businesses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location is the conforming use and the later established business(es) is nonconforming. Nothing in this Section shall prevent the reconstruction, repairing or rebuilding and continued use of any non-conforming building or structure, which is damaged by fire, collapse, explosion or act of God, provided that the expense of such reconstruction does not exceed fifty percent (50%) of the reconstruction cost of the building or structure at the time such damage occurred. Where the reconstruction repair or rebuilding exceeds the above-stated fifty (50%) percent, the reestablishment of the use shall be subject to all provisions of this Ordinance.
(o) Enforcement. A violation of the provisions of this Section shall result, in addition to the remedies provided herein, possible criminal violations consisting of a fine of five hundred ($500.00) dollars or a jail term of ninety (90) days, or both.
(p) Injunction. In addition to the provisions of this Section, the City, at its option, may commence proceedings in the circuit court under the appropriate court rule or statute to enjoin any activity conducted by a sexually oriented business that is deemed to be in violation of these provisions.
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