§ 188-81 Recreational-Residential Community (RRC).

A. Purposes. The purpose of the RRC Zone is to continue the rural character of Howell Township through the employment of combined recreational and residential uses in order to maximize open space, recreational and residential uses in order to maximize open space, recreational area and the preservation of the environment. Within this zone a combination of single detached family dwellings, as well as certain recreational structures, may be permitted. The issuance of building permits shall be contingent upon prior approval of an overall development plan that satisfies the special requirements and standards established for this zone to ensure adequate open space, appropriate densities, proper ingress, egress and circulation of traffic. The intent of this zone is to encourage the use of imaginative design, to provide adequate open space, recreational areas and preservation of the environment.

B. Permitted uses.

(1) Principal uses:

(a) All uses permitted in the ARE-3 Zone, provided that said uses shall comply with all of the requirements of the ARE-3 Zone, including but not limited to bulk requirements for area, frontages, setbacks and the like.

(b) Recreational-residential communities as defined in this chapter and in conformance with the specific bulk development standards as hereinafter set forth, and with an overall master development plan.

(2) Accessory uses:

(a) Barns, silos, stalls, farm and other creation maintenance buildings.

(b) Tennis courts, swimming pools and uses customarily associated with the above permitted uses, provided that such accessory uses are subordinate to the principal use and do not change the character of the principal use and serve only the principal use.

(c) Recreational facilities and structures intended for the use of residents of the recreational-residential community, club members and their guests.

(d) Appurtenant personal service establishments.

(e) Facilities and structures related and appurtenant to the recreational uses, including a clubhouse which may include a central dining room, lounge, pro shop, locker and shower areas, and a central office area related directly to the activities and management of the recreational community and guest cottages not exceeding four in number as set forth on an approved site plan to be used and occupied on a short-term, nonpermanent basis by members or guests of members of the golf club in connection with the golf course recreational use.

C. Land use intensity for recreational-residential communities. The standards for maximum density, maximum structural coverage, minimum recreational space and parking requirements shall be as prescribed below.

(1) Maximum area of building coverage. The maximum area of land coverage by all structures in a recreational-residential community shall not exceed 10% of the total site area.

(2) Minimum open area and recreational space. The minimum open area and recreation space required in a recreational-residential community shall not be less than 60% of the total site area. "Open area" shall be defined as that area of land which is permanently set aside and designated on the site plan as dedicated open space, conservation easement or in such other form as will ensure that such property shall remain open and undeveloped. "Recreation space" shall be defined as that area of land, other than structures, permanently set aside and designated on the site plan as being devoted to recreational use for golf or other appropriate recreational activities.

(3) Maximum density and area requirements.

(a) That portion of the recreational-residential community devoted to residential use (exclusive of open area and recreation space) shall not exceed an average net density of 2.5 units per acre.

(b) The maximum gross residential density shall not exceed 0.5 units per acre. In calculating the number of lots permitted for gross density "critical areas" as designated in the Township's adopted Master Plan shall be counted at 1/2 the permitted density.

(c) Development successors in title shall be bound by commitments made by the overall master development plan.

D. Bulk requirements for recreational-residential communities.

(1) All residential lots in a recreational-residential community shall conform to the following schedule:

(a) Minimum lot area: 10,500 square feet.

(b) Minimum lot frontage: 40 feet.

(c) Minimum lot width: 80 feet.

(d) Minimum front setback: 25 feet.

(e) Minimum side yard: 10 feet.

(f) Minimum rear yard: 25 feet.



(g) Maximum building height: 2 1/2 stories.

(h) Accessory building:

[1] Front and side setbacks: same as principal structures.

[2] Rear setback: 10 feet.

(i) Minimum building size:

[1] One-story dwelling: 1,900 square feet.

[2] Two-story dwelling:

[a] First floor: 1,200 square feet.

[b] Second floor: 750 square feet.

(2) All structures relating to a recreational facility shall conform to the following schedule:

(a) Minimum lot area: 2 acres.

(b) Minimum lot frontage: 50 feet.

(c) Minimum setback: No structure whether principal or accessory shall be located less than 75 feet from any residential dwelling structure.

(d) Minimum setback from street line: 15 feet.

(e) Maximum building height: 2 1/2 stories.

(f) Maximum impervious surface coverage: 25%.

(g) Accessory building location: same requirements as principal buildings.

(3) For the purposes of this section, the minimum lot width shall coincide with the front building setback as established on an approved site plan.

(4) As to any lot having a minimum lot frontage of 40 feet at the terminus of a cul-de-sac, there shall be only a side driveway for the principal structure on the lot; provided, further, that nothing shall prevent an application to the Township Planning Board for a waiver of this requirement on the basis of a principal structure configuration that will assure an adequate greenway frontage for the structure.

(5) The bulk requirements set forth herein shall apply and be applied only to this zoning district.

E. Parking requirements. There shall be required a minimum of two off-street parking spaces for each dwelling unit.

F. Development standards. The minimum construction requirements for streets, roads, sidewalks, sewer facilities, utility use and drainage shall be in compliance with appropriate Howell Township regulations and ordinances.

§ 188-82 Land Conservation/Open Space Zone (LC/OS).

A. Purpose. The purpose of the LC/OS Zone is to promote the conservation of open space areas in the Township of Howell and provide for beneficial public use and enjoyment of such areas through the preservation of such areas for passive uses maintained in their natural state.

B. Permitted uses.

(1) Principal uses.

(a) Nature trails.

(b) Hiking.

(c) Horseback riding.

(d) Picnicking.

(e) Nature studies.

(f) Fishing.

(2) Accessory uses. The following accessory uses are only permitted in conjunction with the permitted uses set forth hereinabove:

(a) Picnic tables.

(b) Parking areas (unpaved).

(c) Unenclosed shelters in conjunction with the principal use for passive recreational activities.

C. Bulk requirements. The following bulk requirements shall only apply to the zone: minimum lot area five acres or more.

§188-83 Agricultural Rural Estate/Natural Resource Protection Zone (ARE-C).

A. Purpose. The purpose of the ARE-C Zone is to continue the rural character of Howell Township through the employment of combined recreational and residential uses in order to maximize open space, public recreational area (active and passive) and the preservation of the environment. Within this zone a combination of detached single-family dwellings, as well as certain recreational structures, may be permitted. The issuance of building permits shall be contingent upon prior approval of an overall development plan that satisfies the special requirements and standards established for this zone to ensure adequate open space, appropriate densities, proper ingress, egress and circulation of traffic. The intent of this zone is to encourage the use of imaginative design, to provide adequate open spaces, public recreational areas (active and passive) and preservation of the environment.

B. Permitted uses.

(1) Principal uses:

(a) All uses permitted in the ARE-1 Zone, provided that said uses shall comply with all of the requirements of the ARE-1 Zone, including but not limited to bulk requirements for area, frontages, setbacks and the like, except as provided for hereinafter.

(b) Public recreation (passive or active) facilities, including soccer and baseball fields, and educational facilities.

(2) Accessory uses.

(a) Barns, silos, stalls, farm and other recreation maintenance buildings.

(b) Tennis courts, swimming pools and uses customarily associated with the above permitted uses, provided that such accessory uses are subordinate to the principal use and do not change the character of the principal use and serve only the principal use.

(c) Facilities and structures related and appurtenant to public recreational uses.

C. Minimum standards. Unless property located in the ARE-C Zone is to be developed in accordance with the standards of the ARE-1 Zone, in the ARE-C Zone a cluster option shall be permitted on tracts of land which meet the following standards:

(1) Minimum contiguous tract area of 250 acres.

(2) Minimum tract frontage on public roadways of 1,000 feet.

(3) All dwelling units shall be served by public water and sanitary sewer systems.

(4) The bulk, dimension, height and related requirements for development which does provide open space, as set forth in this section, shall be the requirements of the R-3 detached single-family clustered as set forth in the schedule of bulk, dimensional, height and related requirements for the zones.

D. Permitted residential density modification standard.

(1) The maximum number of lots permitted for any project under this section shall not exceed 1.4 times the calculated yield. The calculated yield for the project (or tract) shall equal one lot for each one acre of land of the project (or tract).

(2) The standards for determining the implementation of D(1) above are as follows: For each 1,000 square feet of building of indoor all-season recreation building facilities, allow an increase in the yield of 1% of the calculated yield, except that such increase shall not exceed 10% of the calculated yield.

§ 188-84 Moderate- and Low-Income Housing Zone (ML7).

A. Purpose. The purpose of the ML Zone is to satisfy Howell Township's affordable housing obligation.

B. Permitted uses.

(1) Principal uses:

(a) Townhouses.

(b) Garden apartments and flats.

(c) Condominiums.

(d) Farms, public parks and playgrounds and public buildings in accordance with this chapter.

(2) Accessory uses:

(a) Outdoor barbecue structures.

(b) Essential utilities.

(c) Parks and playgrounds.

(d) Maintenance and equipment sheds.

(e) Fences as included herein.

C. Area, yard and building requirements.

(1) Maximum density.

(a) Seven dwelling units per gross acre and 12 units per net acre within the ML7 Zone. Net acreage shall be defined as the land remaining after removing land with slopes in excess of 10% and land defined as wetlands in the U.S. Fish and Wildlife Service's National Wetlands Inventory Mappings for the Township of Howell.

(b) The Planning Board shall have the power to grant and shall grant any waiver required to achieve the unit yield specified above, provided that the waiver does not require any more than a ten-percent relaxation of the existing restrictions of the Township's ordinances. In the event a relaxation of greater than 10% is required, the developer must apply for a variance. All reasonable requests necessary to achieve the unit yield specified above shall be granted.

(2) Minimum and maximum lot areas.

(a) Minimum lot area: 20 acres of developable land in accordance with paragraph a. above.

(b) Maximum lot area: 100 acres of developable land in accordance with Subsection C(1) above.

(3) Minimum lot frontage on a public street: 200 feet with a minimum of two access points from public roads, one of which may be an emergency access road.

(4) Maximum lot coverage: 40%. For purposes of this subsection, lot coverage shall be computed on the basis of all buildings and paving over the portion of the developable area as delineated by Subsection C(1) above and not on the basis of individual buildings upon individual lots, e.g. townhouses.

(5) Area, yard and building requirements:

(a) Townhouses:

[1] Front yard setbacks: fifteen-foot structure setbacks shall be measured from the property or lot lines; or from the curb if there is no property or lot line.

[2] Rear yard setback: 15 feet but not less than 50 feet between structures parallel to having window-to-window exposure.

[3] Side yards:

[a] Ten feet from all buildings and structures.

[b] Fifteen feet from all streets.

[c] Ten feet from parking areas.

[4] Lot size:

[a] Minimum of 2,000 square feet in area.

[b] Minimum of 20 feet in width.

[5] Maximum number of townhouse units in one building or structure: eight.

(b) Multifamily units (apartments, flats and/or condominiums):

[1] No structure shall have more than eight dwelling units in one structure.

[2] No structure or single building shall exceed:



[a] One hundred eighty feet in length along one linear plan.

[b] Three hundred feet on any angle.

[3] Setback requirements to roadways and parking areas.

[a] Building to interior roadways: 15 feet or 75% of the height of the structure, whichever is greater.

[b] Building to parking area: 10 feet or 50% of the height of the structure, whichever is greater.

[c] Building to public exterior roadway: 50 feet or two times the height of the structure, whichever is greater.

[d] Building to perimeter tract boundary: 50 feet.

[4] Minimum property standards for rear and side yards as established by U.S. Department of Housing and Urban Development within the project areas. Lot lines shall be 1/2 the distance between structures for purposes of the sections.

[a] Yard space between exterior building walls and the adjacent lot line shall be measured perpendicular to the lot line opposite the building wall at all points.

[i] The minimum distance from the wall to the lot line is determined by:

[A] The height of the wall in stories.

[B] The horizontal length of the wall from corner to corner.

[C] The type of wall.

[ii] Primary wall is that wall which contains the principal window(s) in a habitable room, except bedrooms and kitchen; and/or the main entrance to the dwelling when it directly faces a primary wall or another dwelling.

[iii] Secondary wall is that wall which contains the window(s) of rooms for other than a primary wall as defined above.

[iv] Windowless wall(s) is that wall which contains no windows.

[5] Minimum distance from building wall to lot line.

[a] Primary wall: six feet plus two feet for each story(ies) in height plus one foot for each 10 feet of length (L).

D.= 6 + 2S + L/10

[b] Secondary wall: two feet plus one foot for each story(ies) in height plus one foot for each 10 feet of length (L), minimum distance five feet.

D.= 2+ S +L/10

(c) Windowless wall: Yard depth for a wall containing no windows, or only windows which do not involve loss of privacy for required interior space, shall be determined by individual design analysis.

(d) Retaining wall: The distance between a building wall with habitable room windows and a retaining wall with the top above the midpoint of the vertical height of the lowest window shall be a minimum of the appropriate primary and secondary wall distance (see above), treating the retaining wall as a lot line.

(e) Vertical setback: Where the length of a wall is angled or set back six feet or more, the length (L) of each segment or plan is measured separately in determining the required yard depth.

(f) Irregular wall: The length (L) of a curve or irregularly shaped wall is the shortest distance between the wall's end corners.

(6) Maximum height: two stories, but for purposes of this section, a loft shall not be counted against the number of permissible stories, provided that the loft is not constructed to serve as a dwelling unit.

(7) Off-street parking requirements.

(a) Off-street parking shall be provided in spaces measuring not less than 18 feet by nine feet for perpendicular parking stalls.

(b) There shall be two spaces per unit except where common parking is provided in which case there shall be spaces according to the following schedule:

[1] Three-bedroom or larger units: 2.0 spaces.

[2] Two-bedroom unit: 1.75 spaces if unit is age restricted, otherwise 2.0 spaces.

[3] One-bedroom unit: 1.5 spaces.

[4] Elderly unit (age restricted): 1.25 spaces.

D. Inclusion of Block 110, Lot 178 (formerly known as Site 8 in the ML7 Zone); modifications. [Added 11-15-2004 by Ord. No. 0-04-63]

(1) The Zoning Map of the Township of Howell, as amended, is hereby further amended to provide that Block 110, Lot 178, is designated as a portion of the Moderate- and Low-Income Housing Zone (ML7), except that the maximum number of townhouse units in one building or structure shall be 12 and no structure shall have more than 12 dwelling units in one structure.

(2) The requirements of the ML7 Zone, including bulk requirements, are hereby specifically modified below. The following modifications shall supersede any inconsistent provision in this chapter concerning the ML7 Zone and shall nullify, to the degree necessary, any existing provision of said zoning requirements that would prevent the implementation of any of the following specific modifications. The modifications are as follows:

(a) Permitted uses shall include detached single-family dwellings.

(b) Permitted accessory uses shall include garages, patios, porches, decks and sheds, parking area and swimming pools with a single-family residence, and uses customarily associated with the above uses, provided such accessory uses are subordinate to the principal use, do not change the character of the principal use, and serve only the principal use.

(3) Requirements for detached single-family housing shall be as follows:

(a) Minimum front yard setbacks: 25 feet measured from street line.

(b) Minimum rear yard setbacks: 25 feet.

(c) Minimum side yard: eight feet.

(d) Minimum lot area:

[1] Corner lot: 9,000 square feet.

[2] Non-corner lot: 6,000 square feet.

(e) Minimum lot frontage: 60 feet.

(f) Maximum building height: 30 feet.

(g) Maximum impervious coverage: no limit.

(h) Minimum accessory building setback: same as R4 cluster zone.

E. Inclusion of Block 59.01, Lots 48, 49 and 50 (formerly known as Site 8A); modifications. The Zoning Map of the Township of Howell, as amended, is further amended to provide that Block 59.01, Lots 48, 49 and 50 (formerly known as Site 8A), is designated as a portion of the Moderate- and Low-Income Housing Zone (ML7). The requirements of the ML7 Zone are specifically modified below. The following modification shall supersede any inconsistent provision in this chapter concerning the ML7 Zone and shall nullify, to the degree necessary, any existing provision of said zoning requirements that would prevent the implementation of any of the following specific modifications. The modifications are as follows: [Added 11-15-2004 by Ord. No. 0-04-63]

(1) Minimum lot size: 15 acres.

(2) Maximum number of dwelling units: 98.

(3) Maximum number of townhouses per building: eight.

(4) Maximum number of multifamily units per building other than townhouse units: 12.

(5) Minimum building setbacks:

(a) Front yard: 75 feet.

(b) Side yard: 50 feet.

(c) Rear yard: 50 feet.

(6) Maximum impervious surface coverage: 60%.

(7) Minimum building setback from parking area: 15 feet.

(8) Minimum building setback from interior drive or roadway: 10 feet.

(9) Minimum parking requirement: two spaces per unit.

(10) Maximum building height: 35 feet.

(11) Minimum distance between buildings: 40 feet.

(12) Minimum buffer between existing public street and lot line of single-family residences or single-family residential zone: 50 feet.

F. Inclusion of Block 164, Lot 30 in ML7 (formerly known as Site 10A); modifications. The Zoning Map of the Township of Howell, as amended, is further amended to provide that Block 164, Lot 30 (former Site 10A), is designated as a portion of the Moderate- and Low-Income Housing Zone (ML7). The requirements of the ML7 Zone are specifically modified to provide that, with respect to Block 164, Lot 30 (former Site 10A), the maximum density shall be 165 units, of which none shall be low- or moderate-income housing units. [Added 11-15-2004 by Ord. No. 0-04-63]