• Section 5.11 Fences and Walls .

   A.   Residential Through and Interior Lots. A fence or wall not more than six (6) feet in height may be constructed in a required rear or side yard, and a fence or wall not more than thirty-six (36) inches in height may be constructed in the required front yard (e.g. along the property line). For buildings existing within the required front setback, the thirty-six (36) inch height restriction shall be in line with the adjacent house farthest from the front property line. However, the posts or columns associated with a thirty-six (36) inch fence may be forty-eight (48) inches tall.

   B.   Residential Corner Lots. A fence or wall shall be subject to the height requirements of Section 5.06, which details the clear space requirements for visibility at the intersection. Additionally, a fence or wall located within the addressed side of the front yard and outside of the clear space may be not more than thirty-six (36) inches in height while along the nonaddressed required front yard the fence or wall may be forty-eight (48) inches in height. For buildings existing within the required front setback, the height restrictions shall be in line with the adjacent house farthest from the front property line. Fences along the rear yard may be six (6) feet in height as noted for residential through and interior lots.

   C.   Nonresidential Lots. A fence or wall not more than six (6) feet in height may be constructed in a required rear or side yard, except as permitted elsewhere in this Chapter. For buildings existing within the required front setback, the height restrictions shall be in line with the front line of the existing building.

   D.   Exceptions. Municipal or other governmental uses are exempt from the fence and wall restrictions.

• Section 5.12 Essential Services .

   Essential services are permitted as authorized and regulated by law and other ordinances of the City, it being the intention of this section to exempt such essential services from the application of this Zoning Ordinance.

• Section 5.13 Outdoor Storage of Commercial/Industrial Equipment and Vehicles.

   (a)   The outdoor storage of commercial/industrial equipment and vehicles, when not intended for resale, is only permitted within the I-1, Light Industrial and I-2, General Industrial zoning districts. In all other districts, the storage of equipment and vehicles, when not intended for resale shall be within a fully enclosed structure.

   (b)   All areas intended for outdoor storage shall be designated as such on the site plan.

   (c)   The designated outdoor storage area shall be screened from view by no less than an eight (8) foot fence or solid wall and/or a double staggered row of eight (8) foot tall evergreens planted to ensure an 80% opacity.

   (d)   No equipment and/or vehicles shall be visible from the adjacent property and/or roadway.

   (e)   Semi-trailers and other similar vehicles may not be used as temporary storage facilities unless associated with a freight terminal, trucking/cartage facility, and/or truck and industrial equipment storage yards for which they may remain on-site for no more than seven (7) consecutive days. All such vehicles shall remain operable and licensed during the time they remain on the property.

   (f)   All outdoor storage areas shall be paved with a hard surface and curbed to ensure adequate containment in the event a contaminant spills while stored on site.

   (g)   No outdoor storage shall be permitted within the front yard and shall be setback no less than fifty (50) feet from any non-industrial property line and from all perimeter roadways.

   (h)   No less than one (1) acre of land shall be required to operate all such uses.

   (i)   When intended as a temporary building and/or use, the provisions of Section 5.07 shall apply.

• Section 5.14 Residential Occupancy.

   (1)   Intent. This section is intended to reasonably regulate the number of persons who can live in a residential dwelling unit. The City finds that occupancy limits are needed to provide density control; preserve and enhance residential neighborhoods as stable, quiet places for citizens to live and raise children; protect safety and welfare; and maintain property values. Such limits are also needed to ensure that there are adequate public and private facilities including adequate offstreet parking, utilities, and adequate lot size to accommodate the residents of each dwelling unit without impairing the character of the neighborhood. The City also finds there are a number of residential living arrangements other than the traditional biological family arrangement. This section is intended also to accommodate those alternative living arrangements.

   (2)   A dwelling unit may not be occupied by more persons than 1 of the following family living arrangements:

      (a)   A family.

      (b)   A domestic unit living as a single housekeeping unit which has received either administrative approval from the Zoning Administrator (domestic units with two or fewer members) or a Special Land Use Permit pursuant to Section 3.03.

   (3)   In addition to the standards of Section 3.03, a special land use permit for a domestic unit with three or more occupants is subject to the following standards and regulations:

      (a)   It must meet the definition of Domestic Unit in Section 2.02.

      (b)   Two offstreet parking spaces must be provided. Additional parking spaces may be required by the Planning Commission if any of the following conditions are met:

         i.   Street parking available for visitor parking is limited.

         ii.   The petitioner intends to park more than 2 vehicles regularly on the site and there is limited area available for tandem parking in a driveway. In order for the Planning Commission to determine if adequate parking will be provided, the petitioner must submit a plan indicating the location of proposed offstreet parking and an analysis of public parking provided within a 300-foot radius of the parcel.

      (c)   The permit shall apply only to the domestic unit which obtained the permit and shall be limited to the number of persons specified in the permit.

      (d)   There is a contact person who will act as head of household in relating to the City.

   (4)   The Zoning Board of Appeals may grant a variance from the standards of this section if it is reasonably necessary to give a handicapped person (as defined in 42 USC Section 3602) equal opportunity to use and enjoy a dwelling.

   (5)   The occupancy limits of this section do not apply to rooming or boarding houses, fraternity or sorority houses, student cooperatives, emergency shelters, or convalescent homes.

• Section 5.15 Garage Sales .

   (1)   Garage sales are permitted on all residentially zoned property in the City for homeowners or tenants to sell household items. General retailers and resellers are not permitted to operate under the garage sale provisions.

   (2)   No more than three (3) garage sales are permitted in any calendar year and seven (7) days must pass between each consecutive sale.

   (3)   Sales are permitted for no more than four consecutive days between the hours of 8 am and 6 pm.

   (4)   Sale items cannot be stored outside overnight prior to the start of the sale and must be moved inside of a structure upon the completion of a sale.

   (5)   During the sale, precautions must be taken to prevent items from blowing onto neighboring properties.

   (6)   Motor vehicles, alcohol, and food items are prohibited to be sold through garage sales.

• Section 5.16 Residential Units in Mixed Use Buildings.

   (1)   First Floor Uses. Due to the potential for incompatibilities of use when a residential dwelling unit is located on the first floor of a building in a non-residential area, certain criteria must be satisfied as part of the special land use request. The criteria associated with a first floor residential use include the following:

      A.   The front facade of the building shall be designed to be compatible with the adjacent structures when located in a predominantly nonresidential area.

      B.   Only one driveway will be permitted for the structure unless located on a corner lot.

      C.   The required parking shall be provided on-site and located within the rear of the property.

      D.   All such containers shall be located within an enclosure situated within the rear of the property.

      E.   A residential use shall not occupy more than 50% of the gross first floor area.

   (2)   Upper Floor Uses. A residential use located above a first floor office or commercial use is permitted through the special land use process, and subject to the requirements of subsection (1) A through D above.

   (3)   Basement Uses. Residential uses shall not be permitted as a basement use in a mixed-use building.

• Section 5.17 Collection Boxes .

   (1)   Collection Bin Permit. No later than 90 days from the effective date of this section, no person shall place, operate, maintain, or allow any Collection Bin on any real property in the City of Howell without first obtaining a permit issued by the City Manager, or their designee.

   (2)   Permit Application.

      (a)   Any person desiring to secure a permit for a Collection Bin in the City of Howell shall make an application to the Community Development Department.

      (b)   A permit shall be obtained for each Collection Bin proposed. A separate fee shall be paid for each Collection Bin.

      (c)   The application for a permit shall be upon a form provided by the Community Development Department and shall require the following information:

         i.   The signature of an individual who is an officer, director, manager, or member of the applicant entity.

         ii.   The name, address, and email address of all partners of a partnership, all members of an LLC, all officers and directors of a non-publicly traded corporation, all stockholders owning more than 5% of the stock of a non-publicly traded corporation, and/or any other person who is financially interested directly in the ownership or operation of the business, including all aliases.

         iii.   Location of any previously approved permits for Collection Bins or unlicensed Collection Bins within the City.

         iv.   Name, address, email, and telephone number of a contact person for all matters related to the Collection Bin during the application and once licensed.

         v.   The physical address of the real property where the Collection Bin is proposed to be located.

         vi.   A scaled drawing sufficient to illustrate the proposed location of the Collection Bin on the real property and the dimensions of the proposed Collection Bin.

         vii.   A picture of rendering of the proposed Collection Bin.

         viii.   An affidavit, on a form provided by the Community Development Department, signed by the real property owner providing written permission for the Collection Bin on the property. This affidavit shall be executed by the same individual signing the application under subsection (i) above.

      (d)   A nonrefundable fee in an amount established by resolution of the City Council shall accompany all applications for Collection Bins.

      (e)   The City Manager, or their designee, shall approve or deny the application within ten days of the submittal of a complete application, with specific reasons for denial stated in writing.

      (f)   No person to whom a permit has been issued shall transfer, assign, or convey such permit to another person or legal entity.

   (3)   Permit Requirements. A permittee shall operate and maintain, or cause to be operated and maintained, all Collection Bins located in the City for which the permittee has been granted a permit as follows:

      (a)   Collection Bins shall be metal and maintained in a good physical condition and appearance, with no structural damage, holes, or visible rust, and shall be free from all graffiti, stickers, or other exterior markings not shown on the permit application.

      (b)   All Collection Bins shall be locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents.

      (c)   There shall be, in at least one-half inch lettering on the front of each Collection Bin, the name, address, email, website, and phone number of the operator, as well as whether or not the Collection Bin is owned and operated by a for-profit or a not for profit company.

      (d)   No other information, advertising, or logos other than those related to the operator and shown on the permit application shall be permitted on the Collection Bin.

      (e)   At least every 30 days, or sooner as needed, Collection Bins shall be serviced and emptied.

      (f)   The permitted and property owner shall maintain, or cause to be maintained, the area immediately surrounding the Collection Bins free from any junk, debris, overflow items, or other material. The property owner shall be responsible for the City's cost to abate any nuisance.

   (4)   Collection Bin Standards. The following standards shall apply to the approval of all Collection Bins located within the City of Howell.

      (a)   Collection Bins are not permitted on any residentially zoned property or any land used for residential purposes.

      (b)   No Collection Bin shall be permitted on any unimproved parcel.

      (c)   If the principal use of any parcel has been closed or unoccupied for more than 30 days, all Collection Bins located on the parcel shall be removed.

      (d)   No more than two Collection Bins, both of which must be owned by the same permittee, may be permitted on a single parcel of record. They may be placed side by side, no more than one foot apart.

      (e)   There shall be a 1,000-foot separation between Collection Bins, measured as a straight line from one Collection Bin to another.

      (f)   Collection Bins shall be no more than seven feet in height, six feet in width, and six feet in depth.

      (g)   No visual obstruction to vehicular or pedestrian traffic shall be caused by the placement of any Collection Bin.

      (h)   A ten-foot setback is required from all public rights-of-way, driveways, and any adjacent residential property.

      (i)   No setback is required from private sidewalks if five feet of clearance is maintained.

      (j)   Fire lanes and building exits shall not be impeded by the placement of a Collection Bin.

      (k)   Collection Bins shall not be placed on or interfere with any access drive, off-street parking space, or parking lot maneuvering lane, nor shall any Collection Bin cause a safety hazard or unnecessary inconvenience to vehicular or pedestrian traffic.

      (l)   All Collection Bins shall be placed on a level surface paved with either asphalt or concrete.

   (5)   Term and Renewal of Permits.

      (a)   All permit years shall begin on January 1 in each year and shall terminate on December 31 of the same calendar year. An annual permit issued between those dates shall expire on December 31 of the same calendar year.

      (b)   Collection Bin permits shall be renewed on an annual basis. The application form must be submitted no later than 30 days before the expiration of the permit.

      (c)   The City Manager, or their designee, shall approve or deny the renewal application within ten days of the submittal of a complete application, with specific reasons for denial stated in writing. Failure of the City Manager, or their designee, to act within ten days shall constitute approval of the renewal of the permit.

      (d)   A permit renewal fee set by resolution of the City Council shall be submitted with the application for renewal.

      (e)   The permittee may voluntarily cancel a permit at any time by notifying the City Manager, in writing, of the intent to cancel the permit. A permit shall become void upon the receipt of such notice.

      (f)   Renewal requests shall be approved if the City Manager, or their designee, finds no circumstances existed during the term of the permit that would cause a violation to exist and that at the time of the submission of the application for renewal, or at any time during the renewal process, there were no circumstances inconsistent with any finding required for approval of a new permit.

      (g)   Any permittee whose permit has been revoked shall be denied renewal of the permit for the subsequent calendar year.

      (h)   If a permit expires and is not renewed, the Collection Bins must be removed from the real property within ten days after the expiration of the permit.

   (6)   Revocation of Permit, Removal of Collection Boxes, and Liability.

      (a)   The City Manager shall have the right to revoke any permit issued hereunder for a violation of this section. Any of the grounds upon which the City Manager may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee to comply with the provisions of this section or other provisions of this Code or other law shall also constitute grounds for revocation of the permit. The City Manager shall provide a written notification to the permittee and property owner stating the specific grounds for a revocation and a demand for correction and abatement. The notice shall allow a maximum of ten days from mailing of the notice to correct or abate the violation. Upon failure to make the correction or abatement, the permit shall be revoked by the City Manager.

      (b)   Upon revocation, the Collection Bin shall be removed by the real property within ten days and, if not so removed within the time period, the City may remove, store, or dispose of the Collection Bin at the expense of the permittee and/or real property owner. All costs associated with the removal of the Collection bin incurred by the City or the City's contractor shall be the responsibility of the property owner. If such obligation is not paid within 30 days after mailing a bill of costs to the property owner, the City may place a lien upon such real property enforceable as a tax lien in the manner prescribed by the general laws of this state against the property and collected as in the case of general property tax. If the same is not paid prior to the preparation of the next assessment roll of the City, the amount shall be assessed as a special tax against such premises on the next assessment roll and collected thereunder.

      (c)   A permit for a Collection Bin may be revoked if any governmental authority or agency determines that the Collection Bin has violated the Michigan Consumer Protection Act and/or the Charitable Organizations and Solicitations Act.

   (7)   Appeals. Any person aggrieved by the decision rendered by the City Manager, or their designee, in granting or denying an application for a permit under this section or in revoking a permit issued under this section may appeal the decision to the Board of Zoning Appeals. The appeal shall be made by filing written notice of appeal not later than ten days after receiving notice of the decision of the City Manager. The Board of Zoning Appeals may grant relief only if the applicant presents clear and convincing evidence that there was an error in the decision of the City Manager.

   (8)   Penalties and Remedies.

      (a)   In addition to revocation of the permit provided in Section (6) above, any person violating the provisions of this section is guilty of a Civil Infraction, pursuant to Chapter 208 of the City code.

      (b)   Any condition caused or permitted to exist in violation of the provisions of this section, or any other ordinance, shall be deemed a new and separate offense for each day that such condition continues to exist.

      (c)   Nothing in this section shall prevent the City from pursuing any other remedy provided by law in conjunction with or in lieu of prosecuting persons for violations of this Section.

      (d)   The real property owner and permittee shall be jointly and severally liable for each violation and for payment of any fine and costs of abatement.

      (e)   No fines shall be imposed for a violation of this section until 90 days after its effective date. All Collection Bins existing as of the effective date of this Section shall apply for a permit as required herein within 30 days of the effective date. Any Collection Bins not in compliance with this section after 90 days of the effective date shall be subject to all remedies for violations as provided herein.

ARTICLE 6 SPECIFIC USE PROVISIONS