[7-21-2021 by Ord. No. 1796]
A. A unique approach in land use regulation by combining or referencing
all development related ordinances and codes. The City of Holland's Unified Development Ordinance (UDO) combines the City's
existing Zoning, Streets and Sidewalks, Tree, and Subdivision Ordinances, traditionally divided into multiple
ordinances, into a single, graphic-heavy, user-friendly, regulatory
document. UDO also references additional development
related codes such as the International Fire Code (IFC) and the Holland
Board of Public Works (HBPW) Terms of Service.
B. When to use
UDO. The requirements of
UDO shall be met for all new construction and for all exterior
renovations, additions, or
site alterations. See Section
39-12.01 to determine the approval process for each project.
C. UDO implements the City's Master Plan.
1. It does this through zoning standard requirements
that implement the goals that were developed through public input
and adopted by City Council.
2. UDO is a legal document where the Master
Plan is a policy document. If there is a conflict between UDO and the Master Plan, UDO shall govern.
D. UDO promotes resiliency. Many of the goals of the City's Master Plan regard developing a more economically, environmentally,
and socially resilient community.
1. Mixed-use development. A primary way to achieve resiliency through zoning is by enabling mixed-use development in most areas of the City.
a.
This best planning and zoning practice locates housing close
to employment and amenities, which promotes resilient
practices.
b.
UDO achieves this by changing all commercial zone districts into mixed-use zone districts and allows for some mixed-use development in residential and industrial zone districts as well.
c.
Resilient practices promoted by mixed-use development:
1)
A reduction in the total vehicle miles traveled,
resulting in lower greenhouse gas emissions, lower community costs,
and decreased traffic congestion.
2)
Complete neighborhoods where residents can live, work, and play.
3)
Livelier urban spaces with public gathering places and a variety
of shops, restaurants, and entertainment.
4)
Vibrant commercial areas that provide retail and services.
5)
Compact development that helps preserve open
space.
6)
Efficient use of services and infrastructure,
resulting in cost savings for the public.
7)
More nonmotorized transportation opportunities, such as walking
and bicycling.
8)
Preserving property values by enabling developers and property owners to gain value from multiple market segments at once.
9)
Decreased need for pavement, which leads to less stormwater
runoff causing flooding and poor surface water quality.
[7-21-2021 by Ord. No. 1796]
A. Context sensitive approach. Hybrid zoning recognizes the need for
context sensitive zoning so that each area of the City has purposeful
zone districts and zoning standards to preserve or enhance the area's
specific character and to enable appropriate uses in that area. UDO
implements hybrid zoning to seamlessly meld four zoning types found
throughout the City of Holland. Each zoning type is organized by placing
more or less emphasis on these zoning elements: separation of uses,
mixed uses, character via form and design, general and
site plan standards, and process. See Section
39-1.02C.
B. The four hybrid zoning types.
1. Conventional zoning. This is the traditional, historic zoning type, which focuses on the separation of uses. Zone districts following this zoning type only allow a mixture
of uses on separate properties. An example of a conventional zone district is LDR Low Density Residential.
2. Conventional and mixed-use zoning. This is a new and innovative zoning
type that enables a small percentage of mixed uses on the same property.
An example of a conventional and mixed-use zone district is HDR High Density Residential that permits a maximum of 25% of
a multifamily development to contain certain commercial
uses.
3. Mixed-use zoning. This best practice enables
mixed uses to be located on the same property, which is extremely important as discussed in Section
39-1.01D. An example of a
mixed-use
zone district is CMU Corridor Mixed Use where commercial
and
residential uses are permitted and
residential uses do not have a
density maximum.
4. Form-based code. The Form-Based Code Zone District is broken-up into subdistricts depending on the
context of the area. Form-based code encourages mixed-use development and is specifically attentive to the
form, design, and character of each area. Instead of being organized
by permitted uses as the other zoning types are, form-based
code subdistricts are organized by building and frontage
types and by building envelope dimensional standards. An example of
a form-based code zone district is F-CDT Form-Based
Code Central Downtown which focuses on preserving the character of
the Downtown Holland.
C. Hybrid zoning types and zoning elements. The graphic below depicts
the four hybrid zoning types in
UDO. The importance of each of the zoning elements is depicted by the size of the circles. Each of the City's zone districts is provided below the graphic indicating which hybrid zoning type each uses. Section
39-1.05 provides the
Zoning Map used to determine which
zone district each property is located in, within the City.
Conventional Zoning
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Conventional and Mixed-Use Zoning
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Mixed-Use Zoning
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Form-Based Code
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LDR Low Density Residential
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HDR High Density Residential
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NMU Neighborhood Mixed Use
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F-CDT Central Downtown
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CNR Cottage Neighborhood
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MHR Manufactured Housing Community
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CMU Corridor Mixed Use
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F-NDT North Downtown
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MDR Medium Density Residential
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I Industrial
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RMU Redevelopment Mixed Use
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F-EDT East Downtown
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TNR Traditional Neighborhood
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GMU Greenfield Mixed Use
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F-WDT Waterfront Downtown
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A Airport
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PUD Planned Unit Development
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F-CENT Centennial
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OS Open Space
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F-RM River Michigan
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F-SIXT Sixteenth Street
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F-WASH Washington Boulevard
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F-SSV South Shore Village
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[7-21-2021 by Ord. No. 1796]
A. Organizing principles. Unlike the conventional, conventional and mixed-use, and mixed-use zoning types,
which are organized by allowable uses and dimensional standards, the form-based code zoning type is organized by the following
principles:
1.
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Regulating plan which is an additional layer to the Zoning Map that establishes the nine form-based
code subdistricts based on the desired character for each
area.
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Building types allowed in each subdistrict that
provide the private realm character.
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Frontage types allowed in each subdistrict that
guide how a building and the private realm interact with the public realm: the streets and sidewalks.
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Building envelopes for each subdistrict that
provide dimensional standards.
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B. This graphic below depicts these organizing principles. The interaction and coordination of the private and public realms establishes an area's character. See Section
39-2.23 and Article
39-3 for additional information.
[7-21-2021 by Ord. No. 1796]
A. The transect. In addition to being informed by the zoning types, the standards for each zone district in UDO have also been developed based on the transect. The
transect is a context-sensitive planning approach based on, in general,
the decrease of lot sizes and increase of land uses allowed from natural
to urban character. This approach is critical to ensure that the standards
set forth in each zone district meet the specific
needs of each area, neighborhood or corridor of the City of Holland.
B. Zone district boundaries. The boundaries of the
zone districts are hereby established as shown on the
Zoning Map in Section
39-1.05. All notations, references, and other information on the Map shall be considered fully and completely part of
UDO.
C. Classification of annexed areas. Whenever any area is annexed to
the City, if such an area was subject to zoning regulations
at the time of such annexation, the following classifications shall
be applied, pending an overall analysis and adoption of new City zoning regulations with respect to the area:
1. Areas previously zoned for industrial uses shall become an I Industrial Zone District.
2. Areas previously zoned for commercial uses shall
become a CMU Corridor Mixed Use Zone District.
3. Areas previously zoned for residential uses shall
become a LDR Low Density Residential Zone District.
4. Areas previously zoned for agricultural uses shall
become an LDR Low Density Residential Zone District.
5. Whenever an unzoned area is annexed to the City, such area shall
become an LDR Low Density Residential Zone District.
[7-21-2021 by Ord. No. 1796; amended 5-3-2023 by Ord. No. 1835; 10-4-2023 by Ord. No. 1838]
[7-21-2021 by Ord. No. 1796; amended 10-20-2021 by Ord. No. 1804]
A. Frequently asked questions.
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See the Zoning Map (Section 39-1.05), which will tell you which zone district your property is located in.
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See the Summary Use Table (Section 39-2.03).
Determine use details and parking standards per zone
district in Sections 39-2.05 through 39-2.23.
F- Form-Based Code Zone District properties: See Article 39-3.
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See the Summary Dimensional Standards Tables to determine dimensional
standards per zone district (Section 39-2.04).
Determine dimensional standard details per zone district in Sections 39-2.05 through 39-2.23.
F- Form-Based Code Zone District properties: See Article 39-3.
See Toolbox for how to measure building setbacks and height (Section 39-1.07).
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See the Toolbox to learn how to determine front, side, secondary
street, and rear property lines (Section 39-1.07C.1).
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See accessory structure and fence standards (Sections 39-2.05 through 39-9.09).
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Each residential unit requires a minimum of 1 parking space.
Nonresidential parking: See Sections 39-2.05 through 39-2.23 for standards per zone district.
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See signage standards (Article 39-8).
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Italicized words are defined in Article 39-14 or in the section where the term is used.
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See Article 39-12 to determine applicable review processes and procedures.
Section 39-12.01 provides a review process table by application type.
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B. Review Processes Flowchart.
[7-21-2021 by Ord. No. 1796]
A. Intent. The intent of this toolbox section is to
provide tools to be used to answer the most commonly asked dimensional
and other zoning questions. While this section is
designed to be comprehensive and stand alone from a regulatory standpoint,
there are cross references to more detailed information provided in UDO. In the event that there is a conflict between this
section and another section elsewhere in UDO, the
other section shall govern.
B. How do I know where I can construct a structure on my property?
1. Determine the building envelope. The building envelope is the portion of any property where it is legal to construct a structure. The building envelope is defined
by the required setbacks and the building
heights allowed in the zone district. Once
the required setbacks and heights are determined,
the area inside of the required setback yards is
your building envelope.
C. How do I determine what the required setbacks and heights are for
my property?
1. Determine your front, side, secondary street, and rear property lines.
a.
Front property line: the shortest
property
line running along a street.
[Amended 7-20-2022 by Ord. No. 1819]
b.
Secondary street frontage: the longer street
frontage.
[Amended 7-20-2022 by Ord. No. 1819]
c.
Rear property line: opposite the front
property line.
d.
Side property lines: all other property
lines.
2. Additional requirements and special circumstances.
a.
Corner and through lots. If there are two street frontages of
equal dimension, the Zoning Administrator shall determine the front property line based on the orientations of existing buildings on the site.
b.
Irregular, triangular, wedge-shaped, or pointed properties.
To determine the rear setback, the setback shall be measured from an imaginary ten-foot line drawn parallel
to the front property line. See the Irregular Property
Diagram.
c.
Alleys are not streets. A property
line along an alley shall be considered
a rear or side property line depending on the alley's location relative to the front property
line.
3. Determine the height and
setback standards for the
zone district where the property is located. See Section
39-2.04, Summary Dimensional Standards Table.
4. How do I measure the required minimum and maximum setbacks?
a.
A minimum setback is the minimum distance that
a structure can be located from the property
line, and the maximum setback is the maximum
distance that a structure can be located from the property line. These setbacks are used
to preserve and enhance the character of areas and to respond in a
context-sensitive way to external variables, such as traffic speed
or levels of walkability.
b.
Setbacks are measured at
grade along the ground between the
property line and
the closest load-bearing structural element of the
building. See Section
39-1.07C4c,
Setback measurement diagrams.
1)
More than one principal building on a property. Only the closest building to the property line shall be
subject to the minimum or maximum setback requirement.
c. Setback measurement diagrams.
D. How do I measure building heights?
1. Feet. Where UDO calls for a maximum building
height, the height is measured in feet from grade.
2. Stories. Where UDO calls for a maximum number of
stories in the F-Form-Based Code Zone District: A story is either 16 feet in height or the distance between
the floor and the ceiling of a building, whichever
is less.
3. Flat roofs. The height of a flat roof is from grade to the highest point of the building. Parapets are counted in the building height, but rooftop
equipment is not.
4. Gabled and peaked roofs. The maximum height shall be measured to
the mean (middle) height between the peak and the eaves.
5. Accessory structures: shall be a maximum of 16 feet. See Section
39-9.05.
E. How do I determine if my property is large enough to build on?
[Amended 5-3-2023 by Ord. No. 1835]
1. See Section
39-2.04 (summary building envelope regulations) to determine the
minimum lot size and lot width of properties
in the LDR, CNR, MDR, and TNR Zone Districts. When calculating the
size of your
lot, any portion less than 40 feet wide
shall not be included. All properties must have a 20 foot wide legal
access to a public street.
2. How do I measure my lot width? The lot width is measured using a line, parallel to the street, connecting the
two side yards at the principal building’s
required minimum setback.
3. What if my property is not wide enough or large enough? An application
may be submitted for a
flag lot or
variance to the
Board of Appeals. See Section
39-12.12.
F. What is the minimum allowable size of a
single detached dwelling
unit? 500 square feet gross floor area. (Section
39-9.04)
[Amended 7-20-2022 by Ord. No. 1819]
G. What is the minimum allowable width of a
single detached
dwelling unit? 22 feet. (Section
39-9.04)
[Amended 7-20-2022 by Ord. No. 1819]
H. What is the minimum allowable size of a
dwelling unit in a multi-unit
building? 300 square feet gross floor area. (Section
39-9.04)
[Amended 7-20-2022 by Ord. No. 1819]
I. When
do I need a permit?
[Added 7-20-2022 by Ord. No. 1819]
1. Zoning permits are required for most structures where the Zoning Administrator has authority (Sections
39-12.02 and
39-12.04). This is to ensure proper setbacks and heights are maintained. Common examples are driveways, accessory structures, signs, fences, cafes and antennas.
2. Construction permits are required for buildings and structures that are regulated by the Michigan Residential Code or Michigan Building Code. This includes building, plumbing, mechanical and electrical work. See Chapter
6, Buildings and Floodplain Management, of the Code of Ordinances.
[7-21-2021 by Ord. No. 1796]
The title of this chapter is the "City of Holland's Unified Development Ordinance," abbreviated "UDO."
[7-21-2021 by Ord. No. 1796]
The fundamental purpose of UDO is to promote
the health, safety, and welfare of the inhabitants of the City by:
A. Promoting the orderly development of the City by
implementing the goals and action steps identified in the City of
Holland's Master Plan, following City policies, and
identifying land uses suitable for properties to
protect allowable uses against incompatible uses of land;
B. Encouraging City-wide resiliency through smart, low-impact development and stormwater management that preserves and
protects the natural and built elements of the City;
C. Promoting the economic progress of the City by preserving and growing
the established commercial business districts and developing additional
commercial business and residential mixed-use nodes
throughout the City;
D. Preserving and establishing walkable areas by intentionally focusing
on building form, urban design, and how the building frontages interact with the public street;
E. Enhancing the City's multimodal network and providing for the efficient
movement and parking of vehicular and nonmotorized
transportation;
F. Beautifying the City by enhancing its urban tree canopy and being attentive to site design and landscaping; and
G. Reducing the hazards to life and property, promoting traffic safety,
and providing protection from the spread of fire and other hazards.
[7-21-2021 by Ord. No. 1796]
A. The provisions of UDO shall be held as minimum requirements
adopted for the promotion of the public health, safety, and general
welfare of the residents, businesses, property owners, and occupants of the City of Holland. Among other purposes, the
provisions of UDO are intended to promote the health,
safety, economic vitality, and environmental sustainability of the
City.
B. Adoption of UDO is not intended to repeal, abrogate,
annul, or in any way impair or interfere with existing provisions
of the City's other laws or ordinances, except those specifically
repealed at the time of the adoption of UDO.
C. UDO does not supersede any private restrictions
placed upon property by covenant, deed, or other private agreement
more restrictive than UDO. Where UDO imposes a stricter restriction than is imposed by a private restriction,
the provisions of UDO shall govern.
D. Images in UDO are included to aid in the interpretation
of the text, but are not regulatory. If there is any conflict between
an image and text, the text shall govern.
[7-21-2021 by Ord. No. 1796]
A. Whenever any provision of UDO imposes more stringent
requirements than required by the provisions of any other City ordinance
or any county, state, or federal law or regulation, then the provisions
of UDO shall govern, except if exempted by state
or federal statute.
B. Whenever any provision of UDO imposes less stringent
requirements than required by the provisions of any other City ordinance
or any county, state, or federal law or regulation, then the provisions
of the other ordinance, law, or regulation shall govern.
[7-21-2021 by Ord. No. 1796]
The various articles, sections, parts, paragraphs, sentences,
and clauses of UDO are hereby declared to be severable.
If any of them are adjudged unconstitutional or invalid by a court
of competent jurisdiction, the remainder of UDO shall
not be affected thereby.
[7-21-2021 by Ord. No. 1796]
UDO is enacted pursuant to Public Act 110 of
the Public Acts of 2006, the Michigan Zoning Enabling Act, as amended,
and Public Act 288 of the Public Acts of 1967, the Michigan Land Division
Act.
[7-21-2021 by Ord. No. 1796]
Except as otherwise specified in UDO (through
waiver/variance/special exception processes), no structure or premises shall be used or occupied, and no building or part thereof shall be erected, razed, moved,
placed, reconstructed, extended, enlarged, or altered, except in compliance
with the regulations set forth in UDO.
[7-21-2021 by Ord. No. 1796]
UDO was adopted by the City Council of Holland on July 21, 2021, and became effective on August 11,
2021.