Loading...
Kennels shall be subject to the following requirements:
(1) No property used for the purposes of a kennel shall be adjacent to a residentially zoned or used property.
(2) The business shall be located entirely within a building, with the exception of outdoor exercise areas, which may be located adjacent to the building and screened from surrounding properties.
(3) No animals may be housed outdoors.
(a) Intent. This section is intended to authorize the grant of relief from the strict terms of this Ordinance for Transitional Housing Facilities in order to provide equal housing opportunities particularly suited to the needs of persons entitled to reasonable accommodation under state or federal law, such as but not limited to, the Federal Fair Housing Act, as amended, 42 USC § 3604(f)(1) et seq., the Americans with Disabilities Act, as amended, 42 USC § 12131 et seq., and the Rehabilitation Act, as amended, 29 USC § 794(a). This Section of the Ordinance responds to the prohibition of housing discrimination based on a disability which is defined as:
(1) A physical or mental impairment which substantially limits one or more of such person's major life activities;
(2) A record of having such an impairment; or
(3) Being regarded as having such a physical or mental impairment that limits one (1) or more of such person's major life activities.
This section is further intended to advance a legitimate governmental interest by regulating special accommodation uses in a manner that ensures that the use of land is situated in appropriate locations and with proper relationships particularly to the surrounding land uses, limits inappropriate overcrowding of land or particular uses and/or congestion of population, and ensures that public streets and facilities are not overburdened.
(b) Applicability. The provisions of this section shall be applicable to various types of transitional and permanent homes and structures which occupy dwellings and may include, but not be limited to, adult foster care large group homes and congregate facilities, and transitional housing facilities. The City Manager and/or his/her designee may approve a special accommodation use, subject to and in accordance with this section. It is further the intent of this Ordinance that a transitional housing facility granted a special use accommodation will be exempt from applying for or obtaining special land use approval under Section 3.03
and Section 6.27
.
(c) Conditions of Approval. As a condition to approval of a special accommodation use, the applicant must comply with all the terms of this section, and must demonstrate all of the following:
(1) The ultimate residential user or users of the property shall be persons for whom state or federal law mandates the City to make reasonable accommodations in connection with proposed uses of land under the existing circumstances;
(2) Taking into consideration the needs, facts, and circumstances which exist throughout the City and the population to be served by the use, the proposed reasonable accommodation shall be necessary to afford such person equal opportunity to the proposed use and enjoyment within the City;
(3) Approval of the proposed housing shall not require or will not likely result in a fundamental alteration in the nature of the Zoning District and neighborhood in which the property is situated, or result in an excess concentration of such proposed housing in a particular area, considering cumulative impact of one (1) or more other uses and activities in, or likely to be in, the area, and shall not impose undue financial and administrative burden. The interests of the City shall be balanced against the need for accommodation on a case-by-case basis; and
(4) No other specific Ordinance provision exists that is available to provide the relief sought.
(d) Application Provisions. The application for a special accommodation use shall include the following:
(1) A concept plan drawn to scale showing the proposed use and development. At a minimum, the plan shall include the following information:
A. Evidence of ownership; location and description of site; dimensions and areas;
B. Scale, north arrow, date of plan;
C. Existing zoning of site; existing land use and zoning of adjacent parcels; location of existing buildings, drives and streets on the site and within 100 feet of the site;
D. Location, type and land area of each proposed land use; dwelling unit density (dwelling units per acre);
E. General description of proposed water, sanitary and storm drainage systems;
F. Existing natural and man-made features to be preserved or removed; location of existing structures, streets and drives; location, width and purpose of existing easements;
G. General location, function, surface width and rights-of-way of proposed public and private streets;
H. General location of proposed parking and number of spaces required and provided.
(2) A separate document that provides the following:
A. A summary of the basis on which the applicant asserts entitlement to approval of a special accommodation use, covering each of the requirements of subsections (c), (d), (e), and (f) of this Ordinance.
B. The number of residents served, resident services provided and the anticipated length of stay, and staffing and duties performed.
(e) Standards and Regulations. In order to determine whether a special accommodation use should be granted, the need to provide a reasonable accommodation under State or Federal law shall be considered and weighed by the City Manager in relationship to the following:
(1) If the proposed housing does not constitute a permitted use in the zoning district in which the property is situated, the intensity of the use (e.g., number of residents in the residential facility) shall be the minimum required in order to achieve feasibility of the use; and
(2) The use, and all improvements on the property shall be designed and constructed to meet the following standards and conditions:
A. Taking into consideration the size, location and character of the proposed use, the proposed use shall be established in such a manner to be compatible and harmonious, as determined by the application of generally accepted planning standards and/or principles, with:
i. The surrounding uses; and/or
ii. The orderly development of the surrounding neighborhood and/or vicinity.
B. The proposed use shall be designed to ensure that vehicular and pedestrian traffic shall be no more hazardous than is normal for the district involved, taking into consideration traffic volume, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and pedestrian traffic safety;
C. The proposed use shall be designed and operated so as not to unreasonably impact upon surrounding property in terms of noise, dust, fumes, smoke, air, water, odor, light and/or vibration, and shall not unreasonably impact upon persons perceiving the use in terms of aesthetics;
D. The proposed use shall be such that the location and height of buildings or structures and location, nature and height of walls, fences and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings and will not have a detrimental effect upon their value;
E. The proposed use shall be designed, located, planned and operated in such a manner that the public health, safety and welfare will be protected; and
F. The proposed use shall be designed and operated so as not to cause substantial injury to the value of other property in the neighborhood in which it is to be located and will not be detrimental to existing and/or other permitted land uses in the zoning district.
(f) Design Standards. All regulations and standards for buildings, structures and site improvements within the district in which the property is situated shall apply, subject to the right of the City Manager or his/her designee to alter and supplement such standards and regulations the City Manager or his/her designee finds to be needed and reasonably proportionate to the impacts of the use given the facts and circumstances attendant to a particular case. In rendering a decision, the City Manager or his/her designee will weigh the need or extent of the accommodation which may be required, against the spirit of this Ordinance to ensure that public safety is secured, and substantial justice done, and that the essential character of the neighborhood and/or district is not altered.
(g) Conditions. In connection with the approval of a special accommodation use, the City Manager may impose such conditions as are authorized by law.
(h) Effect of Approval.
(1) Approval of a special accommodation use shall be solely for the benefit of the particular class of users who were the basis of requiring the City to make a reasonable accommodation under applicable state and/or federal law, and not for the benefit of any other persons. Accordingly, the effect of an approval under this section shall be for the exclusive benefit and occupancy of such class of persons. If a change in such use occurs such that it is occupied by others, the regulations applicable within the district in which the property is situated shall thereupon immediately and fully apply. An approval under this section shall not be final until such time as the applicant records an affidavit at the office of the register of deeds in connection with the property, in a form approved by the City Attorney, providing notice of the terms of this provision.
(2) An approval under this section shall be effective for a period of one (1) year and shall thereafter be void unless there is an occurrence of actual occupancy by persons for whom the special accommodation has been made in granting approval.
(3) Special accommodation uses shall obtain a certificate of registration in accordance with Chapter 1460, Residential Rental Properties, of the Code.
ARTICLE 7
SIGNS
SIGNS
The intent of this article is to regulate the location, size, construction, design and architectural compatibility with the surrounding areas and manner of display of signs and outdoor advertising in order to minimize their harmful effects on the public health, safety and welfare. While this article recognizes that signs and outdoor advertising are necessary to satisfy the needs of sign uses for adequate identification and communication, failure to regulate them may lead to poor identification of individual businesses, deterioration and blight of business and residential areas of the City, conflicts between different types of land use, and reduction in traffic safety to pedestrians and motorists and other impacts that are contrary to the purpose and intent in the section. To achieve its intended purpose, this article has the following objectives:
(a) The following municipal interests are considered by the City to be compelling government interests. Each interest is intended to be achieved under this section that represents the least restrictive means of accomplishing the stated interest, and in all events is intended to promote an important government interest that would not be effectively achieved absent the regulations in this section. Regulating the location, size, construction, and manner of display of signage in the most narrowly tailored manner represents the least restrictive means of addressing the targeted government interests of avoiding unsafe and nuisance-like conditions while maintaining and improving pedestrian and vehicular safety and efficiency; character and quality of life; economic development and property values; property identification for emergency response and wayfinding purposes; and unique character of areas of the City.
(1) Public Safety. Maintaining pedestrian and vehicular safety are predominant and compelling government interests throughout the City, with particular emphasis on the safety of pedestrians. The sidewalk network provides facilities for pedestrians situated between vehicular roads and private properties throughout the City. The City encourages signage that will inform motorists and pedestrians of their desired destinations without conflicting with other structures and improvements. These interests are legitimately supported by limiting the maximum size of signage, providing setbacks, and specifying minimum-sized characters for efficient perception by motorists and pedestrians, while minimizing distractions that could put pedestrians at risk.
Since most signage on the private properties is intended and designed to attract the attention of operators of motor vehicles, thereby creating distractions that can jeopardize traffic and pedestrian safety, this section is intended to regulate signs so as to reduce such distractions and, in turn, reduce the risk of crashes, property damage, injuries, and fatalities, particularly considering the rate of speed at which the vehicles are traveling in the districts identified in this section.
This section is also intended to protect public safety by requiring signs that are poorly maintained and/or structurally unsafe to be repaired or removed to protect against fallen signs or deteriorating sign debris from entering improved roadways, sidewalks and safety paths and causing dangerous conditions for vehicular traffic and pedestrians.
(2) Character and Quality of Life. Achieving and maintaining attractive, orderly, and desirable places to conduct business, celebrate civic events, entertain people, and provide for housing opportunities is directly related to the stability of property values needed to provide and finance quality public services and facilities within the City. This section intends to allow signs that are of sufficient, but not excessive, size to perform their intended function as necessary to provide and maintain the City's character and support neighborhood stability. Signs that contribute to the visual clutter, contribute to the potential conflict between vehicular and pedestrian traffic, and distract from scenic resources and views, will be prohibited in efforts to preserve the character, aesthetic qualities and unique experience within the City. It is also the intent of this section that signs will reflect the character of unique districts as may be established by the City's Master Plan, other adopted plans, or this section and other parts of the zoning ordinance.
(3) Economic Development and Property Values. The establishment of the restrictions in this section has a direct relationship to creating stability and predictability, allowing each private interest to secure reasonable exposure of signage, and thus promoting business success. The application of the restrictions in this section allows businesses to reasonably command attention to the content and substance of their messages while concurrently allowing the promotion of other visual assets, including (without limitation) landscaping and architecture, all of which contribute to economic development and property value enhancement.
(4) Avoidance of Nuisance-Like Conditions. Due to the concentration of people and activities, there is a potential for blight, physical clutter, and visual clutter in the City. The result of these conditions leads to diminished property values, reduced attractiveness of the community, and reduced quality of life within the districts. Minimum regulations that substantially relate to signage are important and necessary for the maintenance and well-being of positive conditions, good character and quality of life in the City. These regulations are compelling and important for the protection of public health, safety, and welfare.
A. An excessive number of signs in one location creates visual blight and clutter, as well as confusion of the public. Thus, limiting the number of signs on properties, establishing setbacks from property lines, and requiring reasonable spacing between signs are compelling interests that can be directed with minimum regulation.
B. Signs that are too large can lead to confusion, undermine the purposes of the signs, and ultimately lead to physical and visual clutter. Establishing maximum sizes can be the subject of clear and effective regulations that address this compelling and important interest.
C. Requiring maintenance specifications for signs can minimize the creation of blight and clutter due to the deterioration of signs that are not durable or otherwise well-constructed, and such regulations would be consistent with construction codes for other structures.
D. There is a compelling governmental interest that signs avoid glare, light trespass, safety, and skyglow. The selection of proper fixture type(s) and location, use of supportive lighting technology, and control of light levels in a reasonable fashion is consistent with regulations that are narrowly tailored to achieve the City's interests.
(5) Property Identification for Emergency Response and Wayfinding Purposes. Locating a business or residence by police, fire, and other emergency responders can be a matter of life and death, and thus it is a compelling interest to ensure that proper, understandable, unambiguous, and coordinated signage be permitted and required, and specifications for such purposes can be accomplished in a simple and narrow manner. Wayfinding for vehicular and pedestrian purposes is also a compelling interest to avoid confusion in public rights-of-way, and unnecessary intrusions on private property. Sign specifications for such wayfinding can be coordinated with property identification for such emergency and other purposes.
(6) Maintaining Unique Character of Areas of the City. Acknowledge the unique character of certain areas and districts, and establish special time, place and manner regulations that reflect the unique aesthetic, historical, and/or cultural characteristics of these areas/districts.
(7) Protection of the Right to Receive and Convey Messages. The important governmental interests and regulations contained in this article are not intended to target the content of messages to be displayed on signs, but instead seek to achieve non-speech objectives. In no respect do the regulations of signage prohibit a property owner or occupant from an effective means of conveying the desired message. Nothing in this section is intended to prohibit the right to convey and receive messages, specifically noncommercial messages such as religious, political, economic, social, philosophical or other types of speech protected by the First Amendment of the United States Constitution.
(a) Location. All signs shall be located on the premises to which the sign is accessory, unless otherwise specified herein.
(b) Safety.
(1) All signs shall be erected and maintained in compliance with all applicable building codes, and other applicable ordinances governing construction within the City of Howell. In the event of conflict between this section and other laws, the most restrictive shall govern.
(2) All signs shall be placed so as to not interfere with the visibility or effectiveness of any official traffic sign or signal, motorist or pedestrian.
(3) No sign shall be erected, relocated or maintained so as to obstruct firefighting or prevent free access to any door, window or fire escape.
(c) Sign Illumination.
(1) General Standards.
A. No sign shall be illuminated by other than electrical means.
B. The source of illumination may be internal or external.
C. All external lighting fixtures used to illuminate a sign shall be shielded to direct light towards the sign.
(2) Sign Illumination Standards – The illumination of all signs, including EMS, shall not exceed 0.3 footcandles above ambient light levels based upon illumination measurement criteria set forth in Table 7.02(c) and Section 7.02(c).
Table 7.02(c) Sign Area Versus Measurement Distance | |
Area of Sign Sq. ft. | Measurement Distance (ft.) |
Table 7.02(c) Sign Area Versus Measurement Distance | |
Area of Sign Sq. ft. | Measurement Distance (ft.) |
10 | 32 |
15 | 39 |
20 | 45 |
25 | 50 |
30 | 55 |
35 | 59 |
40 | 63 |
45 | 67 |
50 | 71 |
*For signs with an area in square feet other than those specifically listed in this table (e.g., 12 sq. ft., 400 sq. ft., etc.), the measurement distance may be calculated with the following formula: Measurement Distance =  | |
(3) Illumination Measurement Criteria – The illumination of a sign shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals. Illumination of an EMS shall be measured with the EMS off, and again with the EMS displaying a white image for a full color-capable EMS, or a solid message for a single-color EMS. All measurements shall be taken as close as practical to a point that is perpendicular to the sign face at the distance determined by the total square footage of the sign as set forth in Table 7.02(c) Sign Area of a Sign versus Measurement Distance.
(d) Signs Prohibited in All Districts.
(1) Roof signs.
(2) Signs containing flashing, scrolling, blinking, intermittent or moving lights, or signs with moving or revolving parts.
(3) Signs affixed to trees, rocks, shrubs or similar natural features, but not when an integral part of or carved out of such features.
(4) Signs that imitate traffic signals, traffic direction signs, or similar traffic control devices.
(5) Temporary signs mounted upon trucks, vans, or other wheeled devices. Signs permanently painted on, or otherwise permanently displayed upon a vehicle, licensed and operating on the public streets and highways, identifying the owner's occupation or livelihood, shall be permitted.
(6) Permanent signs other than those erected by a public agency that are located within or overhang the public right-of-way or on public property.
(7) Any sign or sign structure which:
A. Is structurally unsafe; or
B. Constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or abandonment; or
C. Is not kept in good repair; or
D. Is capable of causing electrical shocks to persons likely to come in contact with it.
(8) Signs that make use of words such as "Stop", "Look", "Danger" or any other words, phrases symbols or characters, in such manner as to interfere with, mislead or confuse traffic.
(9) Any sign or other advertising structure containing any obscene, indecent or immoral matter.
(10) Any sign unlawfully installed, erected or maintained.
(11) Signs considered to be abandoned in accordance with section 7.10(e).
(e) Signs Permitted in All Districts.
(1) Wallplates in the R-1, R-2 and RT Districts not exceeding two (2) square feet in size.
(2) On-premises directional signs that indicate direction of traffic flow shall be permitted, subject to the following:
A. On-premise directional signs that are intended exclusively to direct traffic flow into a site from a public street in the interest of public safety are permitted in all districts. Such signs shall not exceed four (4) square feet in area and four (4) feet in height, shall be located a minimum of five (5) feet from any property line and shall be positioned in a manner which will not obstruct the vision of motorists and/or pedestrians.
B. On-premise directional signs which are intended to direct traffic flow within a site shall be permitted in all districts for the following permitted and special uses: schools, hospitals, offices, parks, governmental facilities and other similar uses. Such signs shall not exceed twenty (20) square feet in area and six (6) feet in height, shall be located a minimum of fifty (50) feet from any property line and shall be positioned in a manner which will not obstruct the vision of motorists and/or pedestrians.
C. On-premise directional signs may be illuminated.
D. The Planning Commission may vary the size and location of an on-premises directional sign in order to facilitate traffic flow and safety.
(3) Signs that do not exceed sixteen (16) square feet in area in non-residential districts or four (4) square feet in residential districts, denoting a site of historic significance shall be permitted in all districts.
Freestanding signs shall be permitted in the following districts in accordance with the regulations herein.
(a) General Requirements.
(1) Only one (1) freestanding sign shall be located on any premises; 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 building frontage on two (2) public rights-of-way.
(2) A freestanding sign shall be located no closer than ten (10) feet from the public right-of-way.
(b) Freestanding Signs in CBD - Freestanding signs shall be permitted within the CBD, except for properties with frontage on East and West Grand River Avenue between Center Street and South Court Street.
(c) Height and Area Requirements. Freestanding signs shall be permitted in accordance with the following requirements:
Height (ft.)
| Area (sq. ft.)
|
Height (ft.)
| Area (sq. ft.)
| |
CBD District All permitted and special land uses, except for freestanding signs set forth in Section 4(b). | 6
| 32 per side, not to exceed a total of 64
|
B-1, B-2, I-1 and I-2 Districts All permitted and special land uses. | 12
| 50 per side, not to exceed a total of 100
|
O-1 Districts All permitted and special land uses, not located within a business center. | 6
| 32 per side, not to exceed a total of 64
|
R-1, R-2, R-T and R-M Districts Applicable to the following uses: libraries, parks and recreational facilities; public and private schools; Municipal office buildings; churches; golf courses, country clubs and cemeteries; convalescent homes; bed and breakfast operations, and funeral homes or mortuaries. | 6
| 32 per side, not to exceed a total of 64
|
Applicable to the following uses: colleges, universities and other such institutions of higher learning; general hospitals; and other uses of a community-wide or regional nature. | 12
| 50 per side, not to exceed a total of 100
|
R-1, R-2, R-T and R-M Districts All one-family, multiple family or mobile home park developments. | 6
| 32 per side, not to exceed a total of 64
|
HL Districts (Only one (1) sign per building, either a freestanding sign or a wall sign in this district) All special land uses: | 5
| 8 per side, not to exceed a total of 16
|
(d) Freestanding Signs Requiring Special Land Use Approval. The Planning Commission may consider a sign that is greater than the maximum height and area requirements or less than the minimum setback requirements as a special land use.
In review of a Special Land Use, the Planning Commission shall consider the standards set forth in Section 3.03 and the following:
(2) The size, shape and topography of the property;
(3) The relationship of the sign to neighboring properties and signs; and
(4) The relationship to and visibility from the public street where the property is located.
The following wall signs shall be permitted in the following districts in accordance with the regulations herein.
(a) General Requirements.
(1) No wall sign shall be erected to extend above the top of the wall to which it is attached, nor extend beyond the ends of the wall to which it is attached. Signs erected on the vertical portion of a mansard roof are considered to be wall signs.
(2) All wall signs shall be safely and securely attached to the building by means of metal anchors, bolts or expansion screws. In no case shall any wall sign be secured with wire, straps of wood or nails.
(3) For wall signs that are oriented horizontally, the vertical dimension of the sign shall not be in excess of six (6) feet. For wall signs that are oriented vertically, the horizontal dimension of the sign shall not be in excess of six (6) feet.
(4) For buildings with distinct and separate uses, separate wall signs shall be permitted for each such use. Corner tenants, and/or tenants with front and rear street frontage, may have two (2) signs, one (1) on the face of each building frontage facing a public right-of-way. In multi-tenant buildings, the total allowable square footage of all signs shall not exceed 1.5 times the maximum allowable square footage specified for each district. A single tenant may not exceed the maximum square footage specified, without the multi-tenant bonus noted above.
(5) For purposes of this section, signage incorporated as part of a canopy sign shall be regulated in the same manner as wall signs.
(b) Area Requirements. Wall signs shall be permitted in accordance with the following requirements:
Area Per One Foot of Building Frontage (sq. ft.) | Maximum Area (sq. ft.) |
Area Per One Foot of Building Frontage (sq. ft.) | Maximum Area (sq. ft.) | |
CBD District All permitted and special land uses. | 2 | 100 |
B-1, B-2, I-1 and I-2 Districts All permitted and special land uses. | 2 | 100 |
O-1 Districts All permitted and special land uses. | 1 | 50 |
R-1, R-2, R-T and R-M Districts Applicable to the following uses: libraries, parks and recreational facilities; public and private schools; Municipal office buildings; churches; golf courses, country clubs and cemeteries; convalescent homes; bed and breakfast operations, funeral homes or mortuaries. | 2 | 30 |
Applicable to the following uses: colleges, universities and other such institutions of higher learning; general hospitals; and other uses of community- wide or regional nature. | 2 | 50 |
R-M Districts All multiple family developments. | 1 | 30 |
HL Districts (Only one (1) sign per building, either freestanding or wall, is permits in this district.) | ||
All special land uses. | 1 | 6 |
(c) Wall Signs Requiring Special Land Use Approval. The Planning Commission may consider a sign that is greater than the maximum height and area requirements as a special land use.
In review of a Special Land Use the Planning Commission shall consider the standards set forth in Section 3.03 and the following:
(2) The size, shape and topography of the property;
(3) The relationship of the sign to neighboring properties and signs; and
(4) The relationship to and visibility from the public street where the property is located.
(a) General Requirements.
(1) Projecting and suspended signs shall be permitted in B-1, B-2, and CBD, Districts.
(2) The maximum area of a projecting or suspended sign shall not exceed twenty (20) square feet on each side or a total of forty (40) square feet. The total square feet of signage (both sides) shall be subtracted from the total allowable wall signage square footage for the district.
(3) The bottom of the projecting or suspended sign shall be a minimum of seven (7) feet above the surface of the sidewalk or ground area, or otherwise be located so as not to interfere with pedestrian traffic.
(4) The City shall approve the lighting of all signs in accordance with the standards set forth in Section 7.02(c).
(b) Projecting or Suspended Signs Requiring Special Land Use Approval. The Planning Commission may consider a sign that is greater than the maximum area requirements as a special land use. The Planning Commission may also consider more than one (1) projecting sign per premises as a special land use.
In review of a Special Land Use, the Planning Commission shall consider the standards set forth in Section 3.03 and the following:
(2) The size, shape and topography of the property;
(3) The relationship of the sign to neighboring properties and signs; and
(4) The relationship to and visibility from the public street where the property is located.
Interior window signs shall be permitted in the CBD Central Business District, B-1 Local Business District, and B-2 General Business District. Interior window signs shall be permitted for each use on each floor level but in total shall not exceed twenty-five (25) percent of the window area of each building face on each floor level, and no more than fifty (50) percent coverage per window.
Loading...