(a) Applicability.
(1) Any new use or expansion of existing use that requires site plan review shall comply with the requirements of this Article and other applicable requirements of this Ordinance.
(2) The requirements of this Article shall not apply to:
A. Continuation of a permitted use within an existing structure.
B. Changes of use within existing structures that do not require increased parking.
C. Normal repair and maintenance of existing structures that do not increase its size or parking demand.
D. Continuation of a legal non-conforming use, building, and/or structure, in accordance with Article 11.
(b) Regulating Plans. Each Form Based District shall be governed by a Regulating Plan that is specific to each area.
(1) The Regulating Plan based on the site type determines building form and allowable use for each property within a form-based district.
(2) Relationship to Master Plan. All development shall be compatible to the vision and in accordance with the goals and objectives set forth in the Howell Master Plan and any other applicable Plan.
(3) The Regulating Plan is based on three (3) factors: Site Type; Building Form; and Use Group.
A. Site Types, as described in Section 4A.03(b), are determined by lot size, location, and relationship to neighboring sites.
C. Use Groups, as described in Section 4A.03(d), which are determined by Site Type and Building Form.
(c) Site Types. Site Types, as set forth in Section 4A.03(b), are determined by street orientation, lot size, lot configuration, location, and relationship to neighboring sites. Site type provides the basis for building forms and authorized use groups.
(d) Building Form Standards. Building form standards, set forth in Section 4A.03(c), establish the parameters for building form, height, and placement, and are specifically applied to each district based upon the regulating plan.
(e) Authorized Use Groups. Authorized land uses are organized by use groups. Authorized use groups, as set forth in Section 4A.03(d), are specifically applied to each District based upon the regulating plan.
(f) Design Standards. General design standards, set forth in Section 4A.03(e), are established for each district and are supplementary to other requirements of the Ordinance. Generally, the design standards regulate building placement, parking orientation, landscaping, and other site design requirements.
(g) Modification of District Boundaries. Any modification to the boundaries of any form-based district shall require rezoning, in accordance with the provisions of Article 14, Amendments.
(h) Modification of Regulating Plan. Specific building form, use group, and design standards applied within each Regulating Plan are based upon the designation of site type. Any modification of site type may be determined by the Planning Commission, notice and after conducting a public hearing in accordance with Section 3.13.
The Planning Commission shall consider the following in making a determination to modify a site type or street type designation:
(1) The applicant's property cannot be used for the purpose permitted in the form-based district.
(2) Area has been added to or deleted from the subject property in question, requiring the modification.
(3) The proposed modification and resulting development will not alter the essential character of the area.
(4) The proposed modification meets the intent of the district.
(5) Existing streets have been improved and/or new streets constructed that may result in the modification of a specific site type.
(6) Modification to the Regulating Plan is in conformance to the Master Plan.