The intent of this Article is to provide standards for specific uses, whether regulated as a permitted use or Special Use.

(Ord. No. 600, § 1, 1-8-2018)

A.

A family day care home shall be a permitted home occupation, subject to regulations contained in Section 40-5.03, and further subject to the following regulations:

(1)

The owner or occupant shall obtain a license for the operation of the dwelling from the city clerk as a family day care home pursuant to Chapter 8 of the City Code.

(2)

The dropping off and picking up of children shall not be allowed between the hours of 10:00 p.m. and 6:00 a.m.

(3)

No family day care home may operate within a distance of 750 feet from any existing registered family day care home or group day care home, measured from the nearest property line of the proposed use to the nearest property line of the existing use, except upon review and approval by the Planning Commission as a Special Use, and upon proof and specific findings by the Commission that the resulting concentration of uses will not adversely affect the peace and tranquility of the residential character of the surrounding area.

B.

A group day care home may be a permitted home occupation as a Special Use, subject to the Special Use standards as set forth in Article 8 and the Home Occupation standards of Section 40-5.03, and subject to the following conditions and requirements:

(1)

The owner or occupant of the dwelling shall, after approval of the operation by the Planning Commission, obtain a license therefor pursuant to Chapter 8 of the City Code.

(2)

That the proposed use will not result in on-street parking requirements, traffic congestion, or hazardous traffic conditions.

(3)

No family day care home may operate within a distance of 750 feet from any existing registered family day care home or group day care home, measured from the nearest property line of the proposed use to the nearest property line of the existing use, except upon review and approval by the Planning Commission, and upon proof and specific findings by the Commission that the resulting concentration of uses will not adversely affect the peace and tranquility of the residential character of the surrounding area.

(4)

One (1) off-street parking space per employee and/or caregiver shall be provided.

(5)

No group day care home shall be conducted unless a Special Use is granted by the Planning Commission upon finding that:

(a)

The proposed group day care home meets all the conditions and requirements set forth in Article 8.

(b)

The proposed group day care home meets any other conditions and requirements applicable to a particular proposed group day care home.

(c)

The proposed group day care home is not likely to be dangerous or detrimental to residents of the neighborhood or contrary to public health, safety, or general welfare.

(d)

The proposed group day care home and its location will be desirable to the public convenience or welfare and consistent with the spirit and purpose of this section.

(e)

The proposed group day care home will preserve the residential character of the affected neighborhood.

(f)

That the use not result in on-street parking requirements, traffic congestion or hazardous traffic conditions.

C.

A day care center. The following conditions shall apply:

(1)

Frontage and access on an arterial street.

(2)

A separate drop-off and pickup area shall be required adjacent to the main building entrance, located off a public street and the parking access lane, and shall be of sufficient size so as to not create congestion on the site or within a public roadway.

(3)

A site plan, prepared in accordance with Article 7 shall be required to be submitted.

(4)

There shall be an outdoor play area of at least one thousand (1,000) square feet provided on the premises. Said play area shall not be located within the front setback. This requirement may be waived if a public play area is available five hundred (500) feet from the subject parcel.

(5)

One (1) off-street parking space per employee and/or caregiver shall be provided.

(6)

Appropriate licenses with the State shall be maintained.

D.

Adult Foster Care Facilities.

(1)

Adult foster care family homes serving six (6) persons or less. A state-licensed adult foster care home, foster family home, or foster family group home serving six (6) persons or less shall be considered a residential use of property and a permitted use in all residential districts.

(2)

Child foster care group and adult foster care small group home.

(a)

A site plan, prepared in accordance with Article 7 shall be required to be submitted.

(b)

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of two thousand (2,000) square feet per adult, excluding employees and/or caregivers.

(c)

The property is maintained in a manner that is consistent with the character of the neighborhood.

(d)

One (1) off-street parking space per employee and/or caregiver shall be provided.

(e)

Appropriate licenses with the State of Michigan shall be maintained.

(3)

Congregate care and Adult foster care large group homes serving between thirteen (13) and twenty (20) persons.

(a)

Frontage and access on an arterial street.

(b)

A separate drop-off and pickup area shall be required adjacent to the main building entrance, located off of a public street and the parking access lane, and shall be of sufficient size so as to not create congestion on the site or within a public roadway.

(c)

A site plan, prepared in accordance with Article 7 shall be required to be submitted.

(d)

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of two thousand (2,000) square feet per adult, excluding employees and/or caregivers.

(e)

The property is maintained in a manner that is consistent with the character of the neighborhood.

(f)

One (1) off-street parking space per employee and/or caregiver shall be provided.

(g)

Appropriate licenses with the State of Michigan shall be maintained.

(Ord. No. 600, § 1, 1-8-2018)

A.

Purpose. It is the intent of this section to permit the owner, lessee, or other persons who have legal right to use of the dwelling unit to also have the ability to conduct a home occupation without securing special permission to do so. However, such person shall be subject to all conditions which are applied in this chapter generally, such as off-street parking, and to all other business licenses. It is also the intent of this section to eliminate as home occupations all uses except those that conform to the standards set forth in this chapter. Custom and tradition are intentionally excluded as criteria. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence other than for a nameplate as permitted elsewhere in this chapter. The standards for home occupations in this chapter are intended to ensure compatibility with other permitted uses and with the secondary or incidental status in relation to the residential use of the main building.

B.

Necessary conditions. Home occupations are permitted accessory uses in all R1, one-family residential districts; RT, one- and two-family district; and the TD, transitional district only so long as such home occupations do not change the character of the residential district in which they are located or adversely affect the uses permitted in the residential district and meets the following conditions:

(1)

Such occupations shall be conducted entirely within the dwelling unit.

(2)

No more than 25 percent of the gross area of said residence shall be used for the home occupation purpose.

(3)

The use of accessory buildings for a home occupation is prohibited.

(4)

No use shall:

(a)

Require internal or external alterations;

(b)

Involve construction features; or

(c)

Involve the use of electrical or mechanical equipment that would change the fire rating of the structure based on the International or other applicable Fire Code in which the structure is located.

(5)

No more than one (1) employee shall be permitted other than members of the immediate family resident in the dwelling unit.

(6)

There shall be no outside storage of any kind related to the home occupation.

(7)

The use may increase vehicular traffic flow and parking by no more than two additional vehicles at a time.

(8)

No use shall create noise, dust, vibration, odor, smoke, mold, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.

(9)

There shall be no sale of goods on the premises other than those incidental to the services performed and expressly permitted by this section.

(10)

The home occupation shall not involve the use of commercial vehicles, other than one vehicle not to exceed three-quarter-ton load carrying capacity, owned by the resident of the dwelling, which shall be parked in accordance with section 36-675i.

(11)

Deliveries to or from the premises by commercial suppliers shall not be made more than once each week, shall not restrict traffic circulation, and shall be made between the hours of 8:00 a.m. and 7:00 p.m. only.

C.

Nameplate allowed. Only one nameplate shall be allowed. It shall not exceed one-half of one square foot in area, shall be non-illuminated and attached flat to the main structure or visible through a window. The limitation of one nameplate is intended to apply to all lots, including corner lots.

D.

Uses that are prohibited. The following uses by the nature of the investment or operation generally require the use of electrical or mechanical equipment; generate excessive pedestrian or vehicular traffic, noise, odor, smoke, dust, vibration, mold, solid waste, etc.; have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations as outlined in subsection 5.03.B. above; cause a potential fire hazard or other danger; have a tendency to involve or attract criminal activity; have an adverse effect upon adjacent and nearby residents; and/or impair the use and value of a residentially zoned area for residential purposes. Therefore, the uses specified in this subsection shall not be permitted as home occupations:

Auto repair, minor or major; barbershop; beauty parlor; carpentry work; dental or medical office; dealer of firearms; food processing; massage therapy; social worker, counselor, psychologist or psychiatrist; painting of vehicles, trailers or boats; photo developing; private school with organized classes; electronics repair; and upholstering.

E.

Uses that may qualify as a home occupation with approval as a Special Use. The following are examples of uses which may qualify as home occupations with approval by the Planning Commission as a Special Use:

 Bakers; confectionery; dance instruction; photo studio; food preparation; offices of a landscaper; locksmith or other tradesmen, and other uses similar to those listed herein.

No Special Use for a home occupation shall be granted by the Planning Commission unless it finds that:

(1)

The proposed home occupation meets all the conditions and requirements set forth in subsection 40-5.03.B of this section;

(2)

The proposed home occupation meets any other conditions and requirements applicable to a particular home occupation;

(3)

The proposed home occupation is not likely to be dangerous or detrimental to residents of the neighborhood or contrary to public health, safety, morals or general welfare;

(4)

The proposed home occupation and its location will be desirable to the public convenience or welfare and consistent with the spirit and purpose of this section;

(5)

The proposed home occupation will preserve the residential character of the affected neighborhood;

(6)

The proposed home occupation will not result in on-street parking requirements, traffic congestion or hazardous traffic conditions; and

(7)

The proposed home occupation is consistent with and complies with the intent and purposes of this chapter, the Huntington Woods Master Plan and other statutorily authorized and properly adopted city planning documents, other applicable ordinances, and state and federal statutes.

F.

Any home occupation carried on in violation of the provisions of this chapter is hereby declared to be nuisance per se and is subject to the penalties set forth in Section 40-3.08.

(Ord. No. 600, § 1, 1-8-2018; Ord. No. 608, § 1, 8-14-2018)

A.

Uses of land or buildings or structures for commercial uses or purposes that are prohibited by or contrary to federal, state or local regulations and ordinances are expressly prohibited in any zoning district within the City. Medical marihuana provision centers, safety compliance facilities, dispensaries, cooperatives, and any other operation or facility similar in nature, are specifically prohibited. However, the following activities are exempt from this prohibition in accordance with the Michigan Medical Marihuana Act, PA 2008, Initiated Law No. 1, MCL 333.26423(d):

(1)

The acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer or transportation of Medical Marihuana by a registered qualifying patient as defined in the Michigan Medical Marihuana Act, PA 2008, Initiated Law No. 1, subject to Sec. 5.04.B below;

(2)

The acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer or transportation of Medical Marihuana or provision of services to a qualifying patient by a primary caregiver as defined in the Michigan Medical Marihuana Act, PA 2008, Initiated Law No. 1, subject to Sec. 5.04.B below.

B.

Medical marihuana activities shall be subject to the following limitations:

(1)

Medical marihuana activities are permitted only in the R-1A, R-1B, R-1C, R-1D and R-1E zoning districts. Medical marihuana activities are expressly prohibited in all other zoning districts

(2)

All medical marihuana activities shall be conducted in full compliance with the Michigan Medical Marihuana Act, PA 2008, Initiated Law, as amended.

(3)

All medical marihuana activities shall be conducted in full compliance with all applicable building, plumbing and fire codes.

(4)

Medical marihuana provisioning centers, safety compliance facilities, dispensaries, cooperatives, and any other operation or facility similar in nature are specifically prohibited.

(5)

Medical marihuana activities shall not be conducted in accessory structures, including but not limited to detached garages.

(6)

Medical marihuana activities conducted by a primary caregiver shall only be permitted to occur in the primary residence of the primary caregiver.

C.

The City of Huntington Woods hereby prohibits all marihuana establishments pursuant to the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951 et seq., as may be amended, within the boundaries of the City.

(Ord. No. 600, § 1, 1-8-2018; Ord. No. 602, § 1, 4-10-2018; Ord. No. 618 , § 2, 8-20-2019)

A.

Outdoor seating areas accessory to a permitted use shall be subject to the following:

(1)

The seating area may be located toward the front or side of a building.

(2)

The seating area shall not be located within a public right-of-way.

(3)

A five-foot wide pedestrian path shall remain clear.

(4)

Noise levels at all property lines shall not exceed seventy (70) A-weighted decibels (dB(a)) between the hours of 7:00 a.m. and 11:00 p.m.

(5)

A physical barrier, such as a fence (permanent or temporary), planters or bollards shall be installed to define the outdoor eating area.

(6)

Outdoor seating areas located seventy (70) feet or less from a residentially-zoned or used property, shall be reviewed as a Special use, shall limit the hours of outdoor dining to between 7:00 a.m. and 10:00 p.m, and shall be appropriately screened from the adjacent residential property.

(7)

All food preparation shall take place inside of the building on the premises.

(8)

Outdoor seating areas shall not have the effect of reducing the number of on-site parking.

(Ord. No. 600, § 1, 1-8-2018)

A.

Outdoor display of goods or materials accessory to a permitted retail use shall be subject to the following:

(1)

The display area may be located in a required front or side yard.

(2)

The display area shall not be located within a public right-of-way.

(3)

A five-foot wide pedestrian path shall remain clear.

(4)

The display area shall be located against the building wall and shall not extend more than three (3) feet from the building.

(5)

The display area shall not block access to alleys, off-street parking, or trash storage areas.

(6)

The display area shall not exceed thirty (30) percent of the length of the storefront.

(7)

The product displayed must be sold within interior to the retail establishment.

(8)

Outdoor sales are prohibited.

(9)

Outdoor display is not a permitted principal use of a parcel.

(Ord. No. 600, § 1, 1-8-2018)

A.

Permissible uses of a gas station do not include major mechanical and body work, straightening body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in gasoline service stations. A gas station shall not include a repair garage or a body shop.

B.

Any services other than the dispersing of fuel and incidental related services shall be conducted inside a completely enclosed building. No motor vehicles shall be parked or stored in the open or out of doors for a period of time longer than twelve (12) hours or between the hours of 10:00 p.m. and 7:00 a.m.

C.

The following minimum setbacks shall apply to canopies and pump facilities constructed in conjunction with fueling station:

D.

Canopy structures shall be designed and constructed in a manner that is architecturally compatible with the principal building. The canopy structure shall be attached to and made an integral part of the principal building unless can be demonstrated that the design of the building and canopy in combination would be more functional and aesthetically pleasing if the canopy was not physically attached to the principal building.

(Ord. No. 600, § 1, 1-8-2018)

A.

All religious activities shall take place in a fully enclosed building except as may be approved by the City.

B.

Facilities shall front and have access to an arterial road.

C.

Facilities incidental to the main religious sanctuary must be used for church, worship, or religious education purposes, in a manner that is consistent with residential zoning and compatible with adjacent residential property. Associated uses on the site such as recreation centers, banquet facilities, retreat facilities, conference centers, schools, convents, and others shall meet all requirements of this Ordinance for such uses.

D.

Buildings of greater than the maximum height allowed in the District in which a place of worship is located may be allowed provided that the front, side and rear yards are increased one (1) foot for each foot of building height which exceeds the maximum height allowed.

(Ord. No. 600, § 1, 1-8-2018)

A.

Intent. The purpose and intent of this section is to regulate adult use businesses, to promote the health, safety, morals, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of adult use businesses within the City. It is recognized that the adult businesses identified in this section, 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 such 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 City residents.

The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to adult materials protected by the Constitution of the United States or the Michigan Constitution, or to deny access by the distributors and exhibitors of adult entertainment or adult use businesses to their intended market. It is also neither the intent nor effect of this Section to condone or legitimize the distribution of obscene material.

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.

B.

Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.

(1)

ADULT BOOKSTORE: An establishment having as a substantial or significant portion of its stock in trade, for sale, lease or any other exchange, books, videotapes, movies, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities," or "specified anatomical areas," as defined in this subsection, or an establishment within a segment or section devoted to the sale, lease, or display of such material.

(2)

ADULT MINI-MOTION PICTURE THEATER: An enclosed building with capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined in this subsection, for observation by patrons therein.

(3)

ADULT MOTION PICTURE THEATER: An enclosed building with capacity for fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined in this subsection, for observation by patrons therein.

(4)

SPECIFIED ANATOMICAL AREAS:

(a)

Less than completely and opaquely covered:

1.

Human genitals, pubic region;

2.

Buttock; and

3.

Female breast below a point immediately above the top of the areola.

(b)

Human male genitals in a discernibly turgid state even if completely and opaquely covered.

(5)

SPECIFIED SEXUAL ACTIVITIES:

(a)

Human genitals in a state of sexual stimulation or arousal;

(b)

Acts of human masturbation, sexual intercourse or sodomy;

(c)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(6)

SWINGERS CLUBS OR SIMILAR ESTABLISHMENTS A social gathering specifically designed for various couples (male and/or female) to engage in sexual activities, ranging from a couple to a group of participants, whether the activities take place on a particular parcel or whether the individuals are transported elsewhere after meeting on the particular parcel.

C.

Regulated Uses. In the development and execution of this chapter, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent uses. Specific regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. 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. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area, not more than two (2) such uses within five hundred (500) feet of each other, which would create such adverse effects. The uses subject to these controls are as follows:

(1)

Adult bookstore.

(2)

Adult motion picture theater.

(3)

Adult mini-motion picture theater.

(4)

Swingers Club.

D.

Procedure. Application to establish any of the above regulated uses shall be made to the Planning Commission, who shall not approve any such request if there are already in existence two (2) or more such regulated uses within one thousand (1,000) feet of the boundaries of the site of the proposed regulated use, except as provided in subsection 40-5.09.E.

E.

Reduction of locational provision. The Planning Commission may reduce this locational provision for adult bookstores, adult motion picture theaters and adult mini-motion picture theaters, if the following findings are made:

(1)

That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit of the chapter will be observed.

(2)

That the proposed use will not enlarge or encourage the development of a rundown or dilapidated area within the city.

(3)

That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere any plans for future development of the area according to the City's Master Plan.

(4)

That all applicable regulations of this chapter will be observed.

The Planning Commission may not waive this location provision for sexually-oriented businesses as defined by this Ordinance.

F.

Adult bookstore, adult motion picture theater, adult mini-motion picture theater, swingers club prohibited. It shall be unlawful to hereafter establish any adult book store, adult motion picture theater, adult mini-motion picture theater or swingers club within five hundred (500) feet of any building containing a residential dwelling, or rooming unit. This locational provision may be reduced if the person applying for the reduction shall file with the Planning Commission, a petition which indicates approval of the proposed regulated use by fifty-one (51) percent of the persons owning, residing or doing business within a radius of five hundred (500) feet of the proposed use. The petitioner shall attempt to contact all eligible locations within the radius and must maintain a list of all addresses at which no contact was made. A minimum of fifty-one (51) percent of the persons owning, residing or doing business within the five hundred-foot radius is required.

(1)

The Planning Commission shall adopt rules and regulations governing the procedure for securing the required petition of consent. The rules shall provide that the circulator of the petition requesting a reduction shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with the rules of the Planning Commission, and that the same were affixed to the petition by the person whose name appeared thereon.

(2)

The Planning Commission shall not consider the reduction of locational requirements set forth in this chapter, until the above-described petition shall have been filed and verified with the city clerk.

G.

Conditions of approval: The Planning Commission may recommend that the City Commission impose such conditions or limitations upon the establishment, location, construction, maintenance or operation of the regulated use, as shall, in its judgment, be necessary for the protection of the public interest, except that any conditions imposed on an adult business as defined in this Section shall be limited to those conditions necessary to assure compliance with the standards and requirements of this Section. 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.

H.

Time limits for review: The following time limits shall apply to the review of an application by the Planning Commission and City Commission for special approval of an adult business as defined by this Section.

(1)

The Planning Commission will publish notice and hold a public hearing as required for special land use approval within sixty (60) days of receiving a technically complete special approval and site plan application as required by Article 7 of the Zoning Ordinance for an adult business as defined in Subsections 40-5.09.B and C of this Section. This period can be extended by agreement of the Planning Commission and the applicant.

(2)

The Planning Commission will make its recommendation regarding the special approval application for an adult 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, or unless this period of time is extended by agreement of the Planning Commission and 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, unless this period of time is extended by agreement of the Planning Commission and the applicant.

(3)

The recommendation of the Planning Commission will be forwarded to the City Commission within sixty (60) days of the meeting at which Planning Commission issues its recommendation. The City Commission will render its decision to grant or deny special approval of the adult business or to grant approval with conditions, as stipulated by the Zoning Ordinance at this meeting, unless the City Commission requires additional information, or unless this period of time is extended by agreement of the City Commission and the applicant.

(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 adult business.

I.

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.

J.

An applicant shall have the right to appeal a denial in whole or in part of an application for a regulated use a court of competent jurisdiction.

K.

Revocations: 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 Commission, the grant of special land use approval shall become null and void.

L.

Reconstruction of damaged regulated uses: Nothing in this Section shall prevent the reconstruction, repairing or rebuilding and continued use of any building or structure, the use of which makes it subject to the controls of this Section, which is damaged by fire, collapse, explosion or act of God, provided that the expense of such reconstruction does not exceed sixty percent (60%) of the reconstruction cost of the building or structure at the time such damage occurred, provided that where the reconstruction repair or rebuilding exceeds the above-stated expense, the re-establishment of the use shall be subject to all provisions of this Section and further provided, that the re-established use complies with the off-street parking requirements of Article 10.

M.

(Reserved for future use.)

(Ord. No. 600, § 1, 1-8-2018)

A.

The total size of any zoo or golf course shall be no less than 120 acres.

B.

The zoo or golf course shall front and have access to an arterial road.

C.

Golf courses may also include accessory uses and structures such as, but not limited to, clubhouse, restaurant, pro shop, and maintenance building. Any accessory uses and buildings associated with the golf course, and any buildings on the site shall conform to setback and dimensional requirements of the zoning district. Such ancillary accessory use shall be incidental to principal use of the golf course as a golfing facility. Any improvement to the golf course shall comply with all applicable Local Historic District regulations.

D.

A driving range is only permitted as a Special Use in conjunction with an existing golf course.

E.

All storage, service, and maintenance areas shall be screened from view of residentially zoned or used property.

F.

Site Plan Review for Development within the Zoo.

(1)

Any construction of a new or modification, except minor modifications as listed in subsection 40-5.10.F(2) below, to an existing zoo animal habitat, food service building, or office building within 120 feet of the Huntington Road centerline shall require site plan review as set forth in Article 7. Any construction of a new or modification to a zoo animal habitat, food service building, or office building outside of 120 feet from the Huntington Road centerline is exempt from site plan review, if such improvement complies and consistent with the Zoo Master Plan. Any construction of a new or modification to a zoo animal habitat, food service building, or office building outside of 120 feet from the Huntington Road centerline must be in compliance with City ordinances controlling noise, height, lighting and odor. Landscaping may be required to screen the development if the City Manager or his/her designee determines it is in the best interest of the City.

(2)

Minor modifications to existing zoo animal habitats, food service building, or office building within 120 feet of the Huntington Road centerline may be permitted without site plan review. For the purposes of zoo animal habitats, food service building, or office buildings only, minor modification shall be defined as any interior building modification, or a modification that does not increase the buildings height, encroach closer to residential property, or increase the footprint by more than 500 square feet.

(3)

The Zoo Master Plan shall be submitted annually to the City for administrative review. City administration will review the Zoo Master Plan, note any proposed changes from the prior year's Master Plan, and forward a report to the Planning Commission. The Planning Commission will review the Zoo Master Plan and consider whether any proposed changes or development would create an adverse impact on the public health, safety and welfare of the residents of Huntington Woods. The Zoo Master Plan shall be reviewed annually by the City.

(4)

Any fence or modification to an existing fence within 120 feet of the Huntington Road centerline shall require compliance with Section 40-10.10.

(Ord. No. 600, § 1, 1-8-2018)

A.

On-Site Stacking. On-site vehicle stacking for drive-in windows shall not interfere with access to, or egress from the site or cause standing of vehicles in a public right-of-way. Adequate on-site stacking space for vehicles shall be provided for each drive-through window so that vehicles will not interfere with vehicular circulation or parking maneuvers on this site. Access to and egress from the site shall not interfere with peak hour traffic flow on the street serving the property.

B.

Traffic Control. Projected peak hour traffic volumes which will be generated by the proposed drive-through service shall not cause undue congestion during the peak hour of the street serving the site.

C.

Ingress and Egress. Ingress and egress to drive-through facilities shall be part of the internal circulation of the site and integrated with the overall site design. Clear identification and delineation between the drive-through facility and the parking lot shall be provided. Drive-through facilities shall be designed in a manner that promotes pedestrian and vehicular operation and safety.

D.

Drive-Through Locations. Single-lane drive-throughs may be located at the side of a building. Multiple-lane drive-throughs shall be located in a manner that will be the least visible from a public thoroughfare. Canopy design shall be compatible with the design of the principal building and incorporate similar materials and architectural elements.

E.

Stacking Space Requirements. Each drive-through facility shall provide stacking space meeting the following standards:

(1)

Each stacking lane shall be one-way, and each stacking lane space shall be a minimum of twelve (12) feet in width and twenty (20) feet in length.

(2)

If proposed, an escape lane shall be a minimum of twelve (12) feet in width to allow other vehicles to pass those waiting to be served.

(3)

The number of stacking spaces per service lane shall be provided for the uses as listed in Table 5.11.E.(3).

(Ord. No. 600, § 1, 1-8-2018)

A.

The maximum allowable density varies by housing type, but shall not exceed the following:

(1)

Dwellings may be provided for as single-family detached, two-family or multiple family units. When such dwellings contain kitchens, the minimum site area requirements for purposes of calculating density shall be as follows:

(2)

Where facilities do not contain kitchen facilities within individual dwelling units, the site area per bed shall be one thousand five hundred (1,500) square feet.

B.

Parking is not allowed in any front yard.

C.

The maximum linear length of an uninterrupted building façade facing public streets, residentially zoned or used property, and/or parks shall be thirty (30) feet. Façade articulation or architectural design variations for building walls facing the street are required to ensure that the building is not monotonous in appearance. Building wall offsets (projections and recesses); cornices, varying building materials or pilasters shall be used to break up the mass of a single building.

D.

The drop-off/pick-up of residents shall be provided at the front entrance of the building with a covered canopy.

E.

Frontage on an arterial street shall be required. All site access shall be provided on an arterial street.

(Ord. No. 600, § 1, 1-8-2018)

A.

For wireless communications facilities (WCFs) only, the application is considered to be complete when the city manager or his or her designee makes that determination 14 business days after the city manager or his or her designee receives the application, whichever is first.

B.

Wireless Communications Facilities.

(1)

For WCFs only, if the city manager or his or her designee notifies the applicant before the expiration of the 14-day period, that the application is not complete, specifying the information necessary to make the application complete, or notifies the applicant that a fee required to accompany the application has not been paid, specifying the amount due, the running of the 14-day period shall be tolled until the applicant submits to the city manager or his or her designee the specified information or fee amount due. The notice shall be given in writing or by electronic notification.

(a)

Not less than 15 days before the date of the public hearing and review, the notice of the hearing shall be published in a newspaper of general circulation in the city.

(b)

Not less than 15 days before the date of the public hearing and review, the notice shall be sent by mail or personal delivery to the owners of the property that is the subject of the request and to all persons to whom real property is assessed within 300 feet of the subject property and to the occupants of all structures within 300 feet of the subject property.

(c)

At the appointed date, time and place, the Planning Commission shall conduct the public hearing, site plan review and Special Use review. Comments from the public and staff, and the Planning Commission's finding of fact, decisions and any conditions imposed thereon, shall be recorded in the minutes of the meeting and shall become part of the permanent record.

(2)

For WCFs only, the Planning Commission shall approve or deny the application not more than 60 days after the application is considered complete for WCFs co-located on an existing tower or 90 days for a new WCF, unless an extension in time is mutually agreed to between the WCF applicant and the Planning Commission. If the Planning Commission fails to timely approve or deny the application, the application shall be considered approved.

(a)

A building permit shall not be issued until Special Use approval and site plan approval have been granted by the Planning Commission. If no building permit is required, a certificate of occupancy or business license shall not be issued until Special Use approval and site plan approval have been granted by the Planning Commission.

(3)

For WCFs only, the WCF shall not be authorized by the city commission until Special Use approval and site plan approval have been granted by the Planning Commission, if required.

(a)

After approval for a Special Use has been granted, no change in that use may be made, nor may any addition or change in the building or improvements on the property take place until a new request for approval has been filed with the Planning Commission and the Planning Commission has approved the request for change.

(b)

After approval of a Special Use has been granted by the Planning Commission, application for a building permit, or if no building permit is required, application for a certificate of occupancy or business license shall be filed with the building department within 120 days thereafter, or such approval shall automatically be revoked unless an extension is granted. The Planning Commission may grant an extension of the first approval for good causes for a period not to exceed six (6) months.

(4)

Equipment or shelters housing equipment for wireless communication facilities shall be permitted in the PRD subject to a Planning Commission determination that the architectural design is appropriate in relation to the surrounding neighborhood in accordance with a site plan and special use review. Accessory buildings and structures may be erected within the boundaries of any rear yard required hereunder upon application to and approval by the Planning Commission. The Planning Commission shall not permit the erection of any accessory building or structure nearer to the side property line than the width of the side yard required hereunder, nor closer to the rear property line than six (6) feet. The Planning Commission shall not permit the erection of such accessory building or structure, if it finds that:

(a)

Sufficient off-street parking has not been provided on the premises to fully meet the needs of employees and customers.

(b)

The accessory building or structure will impair the values of the adjoining properties, as a result of insufficient screening or by other means.

(c)

The accessory building or structure is closer to the rear property line than six (6) feet.

(5)

Utility poles, structures and wireless equipment in a public right-of-way are subject to the following regulations:

(a)

Utility poles and structures in a public right-of-way shall not be more than 40 feet in height above ground level.

(b)

Wireless equipment shall not extend more than five (5) feet above the top of a utility pole or structure it is attached to in a public right-of-way.

(c)

The applicable wireless communications facilities provisions in Article III of Chapter 34 of the Huntington Woods City Code.

(Ord. No. 600, § 1, 1-8-2018; Ord. No. 610, § 2, 9-4-2019)

A.

Community Expectations. Design review involves a balancing of the needs and expectations of the applicant with those of the surrounding neighbors, many of which bought into the neighborhood for the residential quality and character, have made substantial investments in their homes, and have developed an understandable attachment to the surrounding visual qualities. An applicant should be aware of the built and natural elements and architectural styles that establish the unique character and scale of each neighborhood and block.

The 2015 Huntington Woods Master Plan underlines the importance of residential quality and design integrity by retaining and enhancing the community character of the Huntington Woods' neighborhoods. Each Huntington Woods' neighborhood has its own unique image established by the existing setbacks, lot sizes, building materials, masonry and architectural styles that predominate the block. Huntington Woods neighborhoods vary from the older tracts of the Hill Historic District and the denser areas of the Bronx subdivision, to the larger lots on Borgman, LaSalle, and Nadine Avenue. The natural setting, the pattern of lot subdivision, and the dominant period of development establish the defining characteristics of each of Huntington Woods neighborhood.

Neighborhood character is often apparent through observable patterns, such as:

•

Quality exterior building materials;

•

Exterior wall complexity and fenestration;

•

Appropriate window types, size, and proportions;

•

Consideration of entry treatment and scale;

•

Appropriate roof types, orientation, slopes, eave heights, gables, and over hangs;

•

Compatible building heights;

•

Congruent second floor size and placement;

•

Proper garage location, size and treatment; and

•

Use of decorative fencing and landscaping.

Huntington Woods' housing stock primarily consists of Colonial Revival, and Tudor Revival, but also includes a mix of Contemporary, Ranch, Craftsman, Prairie, Mid-Century Modern, and Foursquare. The community expects to see design integrity in additions and new homes that respect the qualities that make the neighborhood unique and to see care taken in the siting and design. Though new homes tend to be larger than the older homes of the neighborhood they should be designed to maintain a compatible scale and bulk of other nearby homes and add to the fabric of the neighborhood. The fact that one or more homes of a different scale and character have been constructed in the past, often before design review, does not negate the need and desirability of relating new homes to the majority of homes nearby. Further, where streetscape components are similar or compatible in appearance, they contribute to and provide a cohesive sense of neighborhood character. These features should not necessarily be copied but should be respected to avoid new construction that detracts from the neighborhood.

B.

Purpose and Intent. The following standards are to help applicants prepare plans for construction. The standards will also be used by the Planning Commission to determine if proposed plans for new residential buildings (principal or accessory) or additions are in compliance with the Standards for Site Plan Review:

The standards emphasize the architectural elements that shape the building's appearance from the street. Primary importance is the use of high quality exterior finishes and 360-degree architecture treatment. These standards are intended to help maintain the high quality of Huntington Woods' neighborhoods by providing standards for the design of new houses, additions and/or remodels in existing neighborhoods. These standards are intended to focus on the characteristics of neighborhood compatibility and to leave individual homeowners with flexibility to build, expand or remodel to meet their own needs and objectives.

C.

Exterior Finishes.

(1)

Intent. Building materials shall be selected of high, durable quality that are representative of houses historically built in Huntington Woods.

(2)

Standards:

(a)

The exterior building finish for new homes shall be the same predominant material as the existing homes in the neighborhood. A detached garage for a new home shall include a minimum of 50% of the predominant material used for the new home.

(b)

The exterior building finish for additions shall be the same predominant material as the existing building. Materials shall be the same proportions, within 10%, as the original structure unless it can be reasonably demonstrated that those materials are unavailable.

(c)

The Planning Commission on a case-by-case basis may consider alternative exterior materials of proven durability and longevity, which are compatible with existing materials in the neighborhood. Samples and specifications must be submitted for evaluation and the Planning Commission may impose restrictions as to grade, design, and area where certain materials may be used.

(d)

Accent materials may be used for architectural detailing and trim such as wooden rake boards, limestone keystones, fieldstone corners, wooden columns, etc.

(e)

Natural materials to the extent possible shall be used rather than engineered materials.

(f)

Chimneys shall have a foundation and are of masonry or stone construction and finish.

(g)

Where the predominant exterior material is wood, vinyl, aluminum, cement board or other siding material, such material may also be used on the addition.

(h)

Roofing materials may include asphalt and wood shingles. Metal, copper, and clay-tile may be used as accent roofing materials.

D.

Elevations.

(1)

Intent: The design of buildings shall coordinate the materials and details of all sides of the building with the design of the front elevation and side streets. Materials and colors shall harmonize with existing home design, desired architectural style, and neighborhood character.

(2)

Standards:

(a)

All elevations of the main building shall have the same materials in the same approximate proportions, and matching windows, trim, and architectural details, providing a 360-degree finish.

(b)

The exterior materials, windows, trim and architectural details on the sides and rear of a building shall be compatible with those used on the front.

(c)

All elevations shall have windows and the windows shall be placed so that no elevation has a large expanse of blank wall. The Planning Commission may approve elevations without a window if the applicant is able to demonstrate difficulty including a window on an elevation due to floorplan layout or intended use. In lieu of a window, additional architectural details may be required.

(d)

The addition is constructed so the character-defining features such as lintels, quoins, keystones, etc. are not obscured, damaged or destroyed.

E.

Form, Scale and Massing.

(1)

Intent: The architectural form, scale, and massing shall be carefully crafted to reduce visual mass, and distinguish the house's architectural lines or style to ensure buildings are in proportion and complementary to those in the existing neighborhood.

(2)

Standards:

(a)

Additions may not be greater than the floor area of the existing main building.

(b)

The depth of the building cannot exceed twice the width of the building.

(c)

No portion of the second story may be cantilevered beyond the first story by more than 18 inches. Cantilevers are only permitted when used for architectural feature appropriate for the architectural style. Cantilevers may not encroach within a required setback.

(d)

Gables and dormers shall be proportional to and not dominate the main roof over the house or garage.

(e)

Entrance design characteristics shall be similar to other buildings in the neighborhood; specifically: (1) the main entrance faces the street, (2) the front porch is unenclosed, (3) if the front porch has a roof, it is only 1 story in height, not 1-1/2 or 2 stories, (4) the front porch and entrance are stepped up only slightly from the grade of the property, (5) the front door is a single door, not a double door or the appearance of a double door (such as a single door with a stationary door), and (6) if the building is masonry, the front porch is masonry.

(f)

Bay windows on the front facade shall not extend above the first story.

(g)

The building shall not have more than three front gables. Layered gables shall be separated by at least 12 inches of depth.

(h)

Front facing garage doors shall be stepped back from the plane of the front door of the house and the roof over the garage shall be lower than the height of the main building, even if living space is above the garage.

(i)

An attached garage cannot exceed more than 50% of first floor length of the front building façade.

(j)

Gables and dormers on an attached garage shall be no larger than the gables and dormers on the main house.

(k)

Side-entry doors may be covered with an awning or covering provided the canopy or covering does not encroach into a required side yard by more than three feet.

F.

Roofs.

(1)

Roofing material, and style should be consistent with the building architectural style. Roof profiles shall enhance the form, scale and proportion of primary and secondary house volumes.

(2)

Standards:

(a)

New roofs, including additions, porches, gables, and dorms, shall be perceived as similar or related to the pitch of the existing or main roof. These new roofs may have a different scale and/or style.

(b)

Roofs may overhang a maximum of 12-inches into a side yard when used for an architectural feature appropriate for the architectural style. Roof overhangs over 12-inches may be granted by the Planning Commission if the overhang is appropriate for the architectural style.

(c)

There shall only be one main roof ridge.

(d)

Flat roofs may be used if appropriate for the architectural style.

(e)

Reverse gables shall not be higher than the main roof.

(f)

The height of the roof of an addition shall be less than or equal to the existing roof peak.

(g)

Roofs for additions shall utilize the same material and style as the existing remaining structure.

(h)

Buildings shall be limited to two roofing materials: one for the main roof and another material as an accent for dorms, porches, or other smaller roofs. Accessory structures shall utilize the same roofing material.

(i)

Metal roofs are permissible if determined by the Planning Commission to be compatible with and appropriate for the architectural style.

G.

Windows and Doors.

(1)

Intent: Window and door styles and frame materials are an important expression of architectural style and should be consistent among all elevations of a building.

(2)

Standards:

(a)

The style, sash color and proportions of new windows should be compatible with the existing windows on the original building unless the new windows are not visible from the street.

H.

Yard and Landscape.

(1)

Intent: To ensure that the front yard complements the home and the street block face.

(2)

Standards:

(a)

A front yard shall be 80% grass unless a natural lawn with native plants and maintenance plan is approved by the Planning Commission.

(b)

Patios, and fountains are permitted in the rear and side yard but may not be located between the front building line and the street. Anything projecting into the required setback must obtain a variance.

(Ord. No. 600, § 1, 1-8-2018)