[Amended 4-4-1984 by Ord. No. 84-2; 9-15-1987 by Ord. No.
1987-9; 12-19-1989 by Ord. No. 1989-13; 3-20-1990 by Ord. No.
1990-3; 2-7-1995 by Ord. No. 1995-2; 9-1-1998 by Ord. No.
1998-9]
In the R-1 and R-5 Residential Districts, no
lot or structure shall have as a principal use, and no structure shall
be located, relocated, erected, constructed, reconstructed, enlarged
or structurally altered for the purpose of any principal use, except
the following:
A.
Agricultural uses subject to the following limitations:
(1)
The following agricultural uses are permitted in the
R-5 District only, provided that no structure for feed storage, fertilizer
storage or shelter of animals shall be closer than 100 feet to any
lot or street line or district boundary:
(a)
Raising and harvesting crops and truck gardening.
(b)
Horticulture, excluding retail sales of products.
(c)
Growing and harvesting of timber.
(d)
The raising of fewer than 50 domestic fowl,
game birds or small animals but not operated primarily as a commercial
enterprise.
(e)
The keeping of not more than one horse, one
head of beef or dairy cattle or one sheep on any lot three acres or
larger, with one additional head of one such animal allowed for each
additional acre of lot over three acres, except that commercial veal
operations are expressly prohibited in Holland Township.
(2)
The raising and breeding of an unspecified number
of horses, ponies, sheep, goats, game birds, beef cattle and dairy
cattle (except commercial veal operations) in the R-5 District only,
on lots of at least 10 acres in area, provided that no structure for
the shelter of livestock, feed storage or fertilizer storage shall
be located closer than 250 feet to any lot or street line or district
boundary.
(3)
Notwithstanding any of the foregoing, the raising
of livestock as a student, 4-H or similarly sponsored project on any
lot of at least three acres in area is permitted in any R District.
(4)
In the R-5 District only, on lots of at least 10 acres
in area, farms for the raising and breeding of 50 or more fowl, provided
that no structure for the shelter of such livestock shall be located
closer than 300 feet to any side or rear lot line or district boundary
nor closer than 175 feet to any street line.
(5)
In the R-5 District only, on lots of at least 10 acres
in area, kennels for commercial raising, breeding, boarding or care
of dogs, provided that no structure for the shelter of dogs shall
be located closer than 150 feet to any lot line, street line or district
boundary.
B.
Single-family dwellings.
C.
Public parks, recreation areas and open space areas,
provided that any active recreational facilities are screened from
adjacent lots and streets with walls, fences, evergreen hedges and/or
other means of shielding against noise, lights, dust or other factors
which might constitute a nuisance to the surrounding properties, in
a manner approved by the approving authority, on lots of at least
five acres.
D.
Churches and other houses of worship and cemeteries,
on lots of at least five acres, having a minimum lot width of 250
feet, in the R-1 and R-5 Residential Districts only.
E.
Public and private schools, on lots of at least five
acres, having a minimum lot width of 350 feet in R-5 Zone only.
[Amended 10-16-2019 by Ord. No. 2019-18]
F.
Municipal, county, state or federal public purpose
uses; clubs, lodges, community centers and meeting facilities for
nonprofit organizations; and public libraries, in the R-1 Zone only,
on lots of at least three acres, having a minimum lot width of 250
feet, except that any such use which regularly employs more than 10
persons on the premises shall have a minimum lot area of five acres,
and any such use having or likely to have a permanent or temporary
resident population of more than four persons at a time shall have
a minimum lot area of three acres, plus an additional lot area equivalent
to the minimum required for single-family residential uses in the
district for each four persons or fraction thereof in residence beyond
the first four.
G.
Community residences for the developmentally disabled,
community shelters for victims of domestic violence, community residences
for the terminally ill and community residences for persons with head
injuries shall be permitted uses in all zoning districts of the Township
where single-family dwelling units are permitted, and the requirements
therefor shall be the same as for the single-family dwelling units
located within such districts.
[Added 1-18-2005 by Ord. No. 2005-2]
H.
On lands
owned by the Township, a farmers' market.
[Added 4-5-2011 by Ord. No. 2011-8]
In the R Districts, the following conditional uses as further regulated at § 100-51 are permitted as principal uses:
A.
Private or commercial recreation facilities, such
as golf courses, tennis courts, riding stables or academies and swimming
facilities, in the R-5 District only.
B.
Summer or year-round camps, including children's day
camps, in the R-5 District only.
C.
Public utility facilities, including, but not by way
of limitation, electric power distribution substations.
D.
Commercial greenhouses and nurseries in the R-5 District
only.
E.
Subsidized accessory apartments created as part of the Township's affordable housing compliance program in the R-5 Residential District only and only in conformance with the provisions of Chapter 41, Accessory Apartments Ordinance, of the Code of the Township of Holland, and § 100-51 of this chapter.
[Added 1-18-2005 by Ord. No. 2005-2]
Accessory uses and structures to any of the
foregoing permitted principal uses and permitted conditional uses
are permitted, including:
A.
One private garage intended to be used, and used,
to store or house automobiles, trucks or similar motor vehicles, for
the use of the residents of the lot on which it is located, and their
guests and lessees.
[Amended 6-5-2001 by Ord. No. 2001-4]
B.
Storage structures customarily associated with the
maintenance of a residential lot, provided the storage structure does
not exceed the following maximum gross floor area:
[Amended 4-2-2002 by Ord. No. 2002-6; 12-19-2006 by Ord. No.
2006-13]
(1)
For a lot having a lot area of two acres or less,
a maximum gross floor area of 300 square feet.
(2)
For a lot having a lot area greater than two acres
but not three acres, a maximum gross floor area of 400 square feet.
(3)
For a lot having a lot area greater than three acres,
but not over 10 acres, a maximum gross floor area of 1,000 square
feet.
(4)
For a lot having a lot area greater than 10 acres,
the storage structure shall not have a gross floor area larger than
50% of the footprint area of the principal structure.
C.
Other customary accessory residential structures,
including but not limited to animal shelters for domestic pets, fences,
private swimming pools, outdoor fireplaces, trellises, gazebos and
lampposts.
D.
Barns, silos and other structures customarily associated
with permitted agricultural uses, provided that all setbacks required
in this Part 1 shall be observed.
E.
Home occupations, as defined in this Part 1, in the R-5 District only and subject to the limitations expressed in the definition of home occupation in § 100-6 and the following limitations:
(1)
Except for the retail sale of farm produce, which
may occur from a seasonal stand, such occupation shall be conducted
entirely within the confines of the dwelling on the lot.
(2)
Seasonal stands for the retail sale of farm produce
shall be set back at least 50 feet from the traveled way of the street.
An off-street parking area accommodating at least three automobiles
and not more than five automobiles shall be provided in the area of
the stand, which parking area need not be paved.
(3)
No article or product shall be sold or offered for
sale unless the same is produced on the lot.
(4)
Except as to seasonal farm stands, no clients or customers
shall be received on a regular or scheduled basis if the same would
involve more than two clients or customers on the premises at any
one time.
(5)
Except for permitted signs and except for seasonal
stands for the retail sale of farm produce, no physical evidence of
the home occupation or home professional office shall be visible from
off the site.
F.
Up to two roomers or boarders per dwelling unit.
G.
Solar panels erected on the roof of a building or on the ground, subject to meeting all requirements of § 100-20.1.
[Added 6-1-2010 by Ord. No. 2010-13]
H.
[1]Small wind energy system as an accessory use to an agricultural
use encompassing 20 or more contiguous acres in the R-5 District only
and subject to all of the following requirements:
[Added 6-1-2010 by Ord. No. 2010-14]
(1)
A
wind tower for a small wind energy system shall be set back from all
property lines a distance of at least 150% of the total height of
the wind energy system and shall be set back from any buildings and
overhead utility easements located on the property a distance equal
to 110% of the total height of the small wind energy system.
(2)
A
wind tower shall have a maximum tower height no greater than 120 feet.
To the extent that this height limit precludes the effective use of
a small wind energy system on a particular site, such system shall
not be a permitted use.
(3)
All
ground-mounted electrical and control equipment shall be labeled and
secured to prevent unauthorized access. The wind tower shall be designed
and installed so that the first eight feet above the ground have no
step bolts, no ladder and no other means for climbing the tower.
(4)
A
small wind energy system shall not be artificially lighted unless
such lighting is required by the Federal Aviation Administration.
(5)
The
wind generator and the wind tower shall remain painted or finished
in the color or finish that was originally applied by the manufacturer.
(6)
There
shall be no signs posted on a small wind generator system or any associated
building that will be visible from any public road except for the
manufacturer's or installer's identification, appropriate warning
signs or owner identification.
(8)
Meteorological
or met towers shall be permitted under the same standards, permit
requirements, restoration requirements and permit procedures as small
wind energy systems.
(9)
For
wind speeds in the range of zero mph to 25 mph, the noise level generated
by any small wind energy system, measured at the nearest property
line, shall not exceed 55 dB(A) at night nor 65 dB(A) during the day,
per applicable state noise regulations.
(10)
A Zoning Permit shall be obtained from the Township Zoning Officer
confirming that all requirements of this section will be met prior
to the issuance of applicable construction permit(s), but site plan
approval shall not be required.
(11)
The application for a zoning permit shall include all of the following
information:
(a)
A survey plan indicating property lines and physical dimensions of
the property.
(b)
A survey plan indicating location, dimensions and existing structures
on the property.
(c)
A plan indicating the proposed location and dimensions of the proposed
wind tower.
(d)
A plan indicating the locations of any overhead utility easements
on the property.
(e)
Proposed small wind energy system specifications, including manufacturer
and model, rotor diameter, system height, tower height and tower type
(freestanding or guyed).
(12)
A small wind energy system that has been out of service for a continuous
twelve-month period shall be deemed to have been abandoned and shall
be completely removed from the premises within three months of such
abandonment; areas from which small wind energy systems have been
removed shall be restored to a preinstallation state. The owner of
the land occupied by the small wind energy system shall be responsible
for such removal.
(a)
The Zoning Officer may issue a notice of abandonment to the
landowner of a small wind energy system that is deemed to have been
abandoned. The notice shall be sent return receipt requested.
(b)
The landowner shall have the right to respond to the notice
of abandonment within 30 days of receipt.
(c)
If the owner provides information to the Zoning Officer within
the requisite thirty-day response period that demonstrates that the
small wind energy system has not been abandoned, the Zoning Officer
shall withdraw the notice of abandonment and notify the owner that
the notice has been withdrawn.
(d)
If the Zoning Officer determines that the small wind energy
system has been abandoned, the landowner of the small wind energy
system shall remove the wind generator and the wind tower and all
other equipment associated with the small wind energy system, at the
landowner's sole expense within three months after receipt of the
notice of abandonment, and the area of the site that contained such
equipment shall be restored to a preinstallation state.
(e)
If the owner fails to remove the wind generator and wind tower
and other equipment in the time allowed under Subsection H(2)(d) above,
the municipality may pursue legal action to have such equipment removed
at the landowner's expense.
I.
[3]Roof-mounted wind energy systems, provided the maximum
height of all components shall not exceed 45 feet measured vertically
from the ground elevation to the highest point of the system or 10
feet over the maximum height of the building to which such system
is attached, whichever is less.
[Added 6-1-2010 by Ord. No. 2010-14]
Except as otherwise provided in this Part 1,
all requirements and limitations for development contained in the
Schedule of Requirements for the R Districts, attached, shall be met.[1]
[1]
Editor's Note: The Schedule of Requirements
for R Districts is located at the end of this chapter.
A.
Permitted modifications. A major subdivision involving
residential lots in the R-5 District may provide for lot averaging
if approved by the approving authority pursuant to this Part 1. In
such cases, the minimum lot area, dimensional and yard requirements
may be modified from those otherwise applicable in the involved district,
as provided in the Schedule of Requirements for Lot Averaging, attached.[1]
[1]
Editor's Note: The Schedule of Requirements
for Lot Averaging is located at the end of this chapter.
B.
Findings for lot averaging. The minimum requirements for developments in the R-5 District are based, in part, on the planning objective of preserving agriculture and the fact that physical and environmental limitations prevalent throughout this district dictate low density of development. These limitations include steep slopes, adverse soil and bedrock conditions, septic effluent disposal limitations and limited groundwater yield. However, it is recognized that these conditions throughout the district may vary and that there may be areas within the district where physical and environmental conditions would permit a lot to be smaller than ordinarily required, and that, in the process of designing a subdivision utilizing smaller lots, provision may be made for larger lots which could support agriculture. Consequently, in order to recognize such conditions and to promote larger lots which could support agriculture, the approving authority may permit lot averaging, in accordance with the requirements of this Part 1 (of Chapter 100), provided that the lot area, dimensional, and yard requirements are not less than those shown in the Schedule of Requirements for Lot Averaging (set forth at the end of this chapter).
C.
Density. The density of lots permitted in a lot averaged
subdivision (in the R-5 District) shall not exceed 0.2 lot per acre.
[Amended 8-7-2001 by Ord. No. 2001-10]
D.
Development in a lot-averaged subdivision shall be
limited to single-family detached dwellings.
E.
All lots exceeding the required minimum lot area for
the zoning district shall be deed restricted against further subdivision.
A.
Permitted modifications. A major subdivision involving
residential lots in the R-5 District may provide for residential cluster
development on tracts of 50 acres or more if approved by the approving
authority pursuant to this Part 1. In such cases, the minimum lot
area, dimensional and yard requirements may be modified from those
otherwise applicable in the involved district, as provided in the
Schedule of Requirements for Residential Cluster Development, attached.[1]
[1]
Editor's Note: The Schedule of Requirements
for Residential Cluster Development is located at the end of this
chapter.
B.
Findings for residential cluster development. The use of residential cluster development shall be designed to meet or promote one or more of the following objectives: preservation or protection of agricultural land; preservation of scenic vistas along roadways; protection of large stands of trees; protection of stream corridors; protection of archeologic or historic sites or structures; and preservation and protection of environmentally sensitive lands. Where the approving authority finds that one or more of such objectives are met or promoted by the design of the subdivision, it may permit residential cluster development in accordance with this Part 1 (of Chapter 100), provided that the lot area, dimensional and yard requirements are not less than those shown in the Schedule of Requirements for Residential Cluster Development (set forth at the end of this chapter).
C.
Density. The density of dwelling units permitted in
a residential cluster subdivision (in the R-5 District) shall not
exceed 0.165 dwelling units lots per acre, with each dwelling being
on a separate lots.
D.
Development in a residential cluster development shall
be limited to single-family detached dwellings.
E.
Open space.
(1)
The open space resulting from the residential
cluster development shall be deed restricted against further subdivision
or development and shall be limited in use to agricultural uses or
conservation or passive recreational uses of natural areas. Open space
lots shall each have an area of at least 12 acres, shall have a minimum
dimension in any direction of 200 feet and shall have a reasonable
access strip of at least 35 feet in width with frontage on a street.
(2)
Maintenance and use of natural areas.
(a)
Clearing of brush and dead timber shall be required
where necessary to eliminate fire hazard.
(b)
Manual clearing of obstructions or jams from
steams or waterways shall be required where necessary to ensure unimpeded
flow, provided that no channelization shall be permitted.
(c)
Hiking or bicycling trails and bridle paths
may be constructed and maintained, unless otherwise prohibited by
law.
(d)
Chemical agents may be used to control weed
growth or algae bloom or for fish management in lakes and ponds.
(e)
Open space which is a natural area shall otherwise
be maintained undisturbed in its natural state. No garbage or debris
shall be permitted to accumulate except that leaves, grass and shrub
clippings may be deposited in properly located and maintained compost
heaps.
(f)
Passive recreational use of open space natural
areas shall be restricted to fishing, bird watching, hiking, cycling,
horseback riding and boating.
(3)
Use of machinery and engines in open space natural areas. No chemically powered engines shall be used in a natural area, except for the performance of functions designated in Subsection E(2)(a) hereinabove.
(4)
Maintenance and use of open space as farmland.
Maintenance and use of dedicated farmland shall be governed by good
agricultural management practices.
(5)
Improvements to common open space. Any improvements
to common open space shall be completed before any certificate of
occupancy is granted for a dwelling in the residential cluster subdivision.
(6)
Dedication of open space. Where open space is not dedicated to the Township or other government entity, the applicant shall dedicate such area for the uses hereinbefore set forth and shall establish a property owners' organization which shall consist of all owners of lots in the residential cluster development and which shall own and maintain the open space areas as common open space. The provisions of Subsections B, C D, E, F, G and H of § 100-69 shall apply.
