[7-21-2021 by Ord. No. 1796]
 |
[7-21-2021 by Ord. No. 1796]
A.
List of permitted land uses with additional standards.
1.
Alternative energy (wind and solar): all zone districts.
2.
Bed-and-breakfasts (one to four rooms): all zone districts where single detached dwelling units are permitted.
4.
Drive-thrus: NMU, CMU, RMU, GMU, ED, I, PUD, F Zone Districts.
5.
Funeral homes: NMU (east of US-31), CMU; F (CENT and F-RM Subdistricts).
6.
Home occupations and businesses: all zone districts where residential uses are permitted.
7.
Kennels: CMU Zone District.
8.
Oil and gas drilling: NMU, CMU, RMU, GMU, and I Zone Districts.
9.
Outdoor storage and processes: CMU, RMU, and I Zone Districts.
10.
Outdoor sales, outdoor cafes, and sidewalk cafes: NMU, CMU,
RMU, GMU, ED, I, PUD and FZone Districts.
[Amended 12-1-2021 by Ord. No. 1805]
11.
Parking lots as a principal use: ED and I Zone Districts.
12.
Parking structures as the principal use: ED, I and PUD Zone Districts.
[Amended 12-1-2021 by Ord. No. 1805]
13.
Public lodging: CMU, RMU, GMU, ED, I, PUD, and F Zone
Districts.
[Amended 12-1-2021 by Ord. No. 1805]
14.
Recycling collection centers: I Zone District.
15.
Self-storage facilities: CMU, RMU, and I Zone Districts.
16.
Short-term rentals: all zone districts.
17.
Temporary uses: all zone districts where the
use is typically not permitted.
18.
Vehicle repair: CMU, RMU, GMU, and I Zone Districts.
19.
Vehicle sales: CMU and RMU Zone Districts.
[Amended 12-1-2021 by Ord. No. 1805]
20.
Vehicle wash: CMU, RMU, and I Zone Districts, and GMU Zone District.
21.
Vendor trucks: NMU, CMU, RMU, GMU, ED, I, PUD, and F Zone Districts along corridors.
[Amended 12-1-2021 by Ord. No. 1805]
22.
Warehousing: CMU, RMU, and I Zone Districts.
23.
Wireless communication facilities less than 40 feet: all zone districts.
24.
Care
facilities: HDR.
[Added 8-3-2022 by Ord. No. 1827]
25.
Shelters:
CMU, RMU, GMU, ED, I, PUD and F Zone Districts.
[Added 8-3-2022 by Ord. No. 1827]
B.
Alternative energy.
1.
Wind energy turbines up to 40 feet in height (small-scale and accessory).
[Amended 12-1-2021 by Ord. No. 1805]
a.
Zone districts permitted: all zone districts.
b.
Approving authority: Zoning Administrator.
c.
Additional review processes: special land use approval if greater than 40 feet in height and in I Zone
District as a principal use (Section 39-4.04B.1).
d.
Standards.
1)
Small-scale: may be mounted on the roof of a principal or accessory
building or may be freestanding; shall not be a principal
use, and shall not be considered an accessory structure.
2)
Setbacks. At its most horizontal position, the blade shall not
cross a property line and the turbine shall be set
back from all property lines at a minimum of the same dimension as
the maximum tip height.
3)
Maximum tip height: 40 feet from grade, except
where state and federal regulations, or the West Michigan Airport
Authority require a lesser height.
4)
Minimum ground clearance: 10 feet for ground-mounted turbines,
the minimum vertical blade tip clearance from grade.
5)
Shadow flicker: shall not produce off-site shadow flicker.
2.
Solar panel arrays (small-scale and accessory).
a.
Zone districts permitted: all zone districts.
b.
Approving authority: Zoning Administrator.
c.
Additional review processes: special land use approval in I Zone District as a principal
use under Section 39-4.04B.2.
d.
Standards.
1)
Small-scale: may be mounted on a roof of a principal or accessory building or may be freestanding; shall not be
a principal use, and shall not be considered an accessory structure.
2)
Setbacks. Freestanding solar panel arrays shall meet the front setback requirement for principal structures in the zone district in which they are located.
3)
Height. Freestanding solar panel arrays shall not exceed 15
feet in height.
C.
Bed-and-breakfasts.
1.
Zone districts permitted: all zone districts where
single detached dwelling units are permitted.
3.
General standards for one to eight guest rooms:
a.
The property owner shall reside on-site.
c.
Full bathroom facilities shall be available at a ratio of at
least one bathroom for every two guest rooms, in addition to separate
full bathroom facilities for the owner.
d.
A minimum of one parking space shall be provided
for each guest room in addition to a minimum of one space for the
resident owner. Each space shall be independently accessible to a street.
e.
The establishment shall be permitted to have one identification sign, not larger than six square feet, mounted in the ground
or on the wall of the building. Ground-mounted signs shall not exceed four feet in height and be set back a minimum of 10 feet from all property lines. This section shall supersede Article 39-8.
f.
Guests shall stay no more than 21 consecutive days.
D.
Child-care centers, family child-care home, group child-care home.
1.
Child-care centers are commercial facilities. They
shall comply with all state laws and standards and shall obtain valid
licenses from the State of Michigan.
a.
Zone districts permitted: LDR, CNR, MDR, TNR, HDR, MHR, PUD,
and F as an accessory use to a religious
institution or K-12 school, ED when accessory
to an institution of higher education, and CMU as
a principal use.
c.
Additional review processes: special land use in NMU, RMU, GMU, and I Zone Districts per Section 39-4.03A.1.
2.
Family child-care homes are private homes where
one to seven minor children are supervised and cared for for periods
less than 24 hours per day and for more than four weeks during a calendar
year by an unrelated adult member in the child-care provider's home. Children related to the child-care provider may also be cared for and are not included in the seven-children
capacity.
[Amended 12-1-2021 by Ord. No. 1805; 11-2-2022 by Ord. No. 1830]
3.
Group child-care home is a private home where eight
to 14 minor children are supervised and cared for for periods of less
than 24 hours a day and for more than four weeks during a calendar
year by an unrelated adult member in the child-care provider's home. Children related to the child-care provider may also be cared for and are not included in the fourteen-children
capacity.
[Amended 12-1-2021 by Ord. No. 1805; 11-2-2022 by Ord. No. 1830]
E.
Drive-thrus.
1.
Zone districts permitted: NMU, CMU, RMU, GMU, ED, I, PUD, and F-EDT,
F-RM, and F-SSV.
[Amended 7-20-2022 by Ord. No. 1819]
3.
Standards.
a.
Nuisance: shall not negatively impact the adjacent properties
with excessive traffic, noise, odors, litter, or
other similar factors.
b.
Stacking. A minimum of one stacking lane shall be provided to
accommodate a minimum of seven vehicles. The Planning Commission may alter this standard if the applicant can demonstrate that fewer stacking spaces will
not adversely impact the operations of the establishment or negatively
impact neighboring properties or the traffic flow in the area.
c.
Devices for the transmission of voices shall be directed or
muffled to prevent sound from being audible beyond the boundaries
of the site.
e.
If the requirements of the zone district and
the requirements for a drive-thru cannot both be
met, the drive-thru shall not be approved.
F.
G.
Home occupations and home-based businesses.
1.
Zone districts permitted: all zone districts where
residential uses are permitted.
3.
Standards.
a.
Table 4.02G.3.a.
[Amended 12-1-2021 by Ord. No. 1805]
|
Regulation
|
Home Occupation
|
Type 1 Home-Based Business
|
Type 2 Home-Based Business
|
|---|---|---|---|
|
Employees
|
Shall live in the home
|
Shall live in the home
|
Shall live in the home plus 1 employee may work at the home-based
business
|
|
Allowable floor area dedicated to the business
|
N/A
|
50% of 1 story of the dwelling and 50% of a detached accessory
building
|
50% of 1 story of the dwelling and 50% of a detached accessory
building, or as determined by the Board of Appeals
|
|
Merchandise
|
Prohibited
|
 |
|
|
On-site customers
|
Prohibited
|
No more than 2 at a time
|
No more than 2 at a time, or as determined by the Board of Appeals
|
|
Allowable hours open to customers
|
None
|
7:00 a.m. to 9:00 p.m.
|
7:00 a.m. to 9:00 p.m.
|
|
Allowable vehicle trips from customers
|
None
|
10
|
10; or determined by the Board of Appeals
|
|
Deliveries
|
 |
|
|
|
Nonresidential alterations
|
Prohibited
|
Prohibited
|
Prohibited
|
|
Signage
|
Prohibited
|
Prohibited
|
Prohibited
|
|
Indoor storage
|
 |
|
|
|
Outdoor storage
|
Prohibited
|
Prohibited
|
Permitted subject to Section 39-4.02G.3.e and Section 39-4.02G.3.f
|
|
Outdoor activities
|
Prohibited
|
Prohibited
|
Permitted subject to Section 39-4.02G.3.e and Section 39-4.02G.3.f, or as determined by the Board of Appeals
|
|
Inspections per Chapter 14
|
See Section 39-4.02G.3.b.
|
See Section 39-4.02G.3.b.
|
See Section 39-4.02G.3.b.
|
|
Violations of chapter (also subject to Subsection G5 below)
|
Must apply for Type 1 or 2 home-based business
|
Revocation of permit; civil infraction, or apply for Type 2
home-based business
|
Hearing with Board of Appeals; revocation of permit; civil infraction
|
|
NOTES:
| |
|
|
The delivery and pickup of goods and materials used and/or produced
in the operation of the home occupation shall be limited to the customary
delivery and pickup of mail and packages by the United States Postal
Service, or by alternative private delivery service, that is common
to other residential properties. Such deliveries and pickups shall
not require a vehicle larger than a step-type van.
|
|
|
Materials, supplies, and merchandise shall be stored within
a principal or accessory structure in a manner that does not pose
a safety hazard to the dwelling, dwelling occupants, or adjoining
properties and occupants, and shall not result in a change of use
of the property or an activity prohibited by the Michigan Building
Code.
|
|
|
On-site pick up of items shall be limited to arts and crafts
produced on the premises, items commonly traded, such as coins, stamps,
and antiques, incidental supplies related to the home-based business,
and merchandise produced by the home-based business.
|
b.
Inspections. All Type 1 and Type 2 home-based businesses are subject to inspections per Chapter 14 of the Holland Ordinance Code, and compliance is required before a home-business permit will be issued.
c.
Performance standards for noise. The business shall not generate noise, vibrations, smoke, dust, odor, heat, or glare which are detectable beyond the property lines.
d.
Recreational lessons/instruction may produce noise generated by a person's voice or noise produced
by a person's recreational activity that is detectable beyond the property lines. Furthermore, the business shall not generate
any electrical interference with radio or television transmission
in the area that would exceed that which is normally produced by a
residential dwelling unit.
e.
Performance standards for outdoor business, sales and storage.
The Board of Appeals shall determine the location
and amount of outdoor activities for all Type 2 home-based
businesses as follows:
1)
Recreational lessons/instruction shall be limited to rear and side yard areas and shall be screened from the neighbors as determined by the Board of Appeals.
2)
The outdoor sale and display of horticultural products shall
be limited to products such as flowers, fruits, or vegetables and
shall be limited to one continuous three-week period each calendar
year per parcel. The dates shall be specified by
the Board of Appeals.
3)
The outdoor sale and display of arts and crafts produced by
the home business shall be limited to one continuous
three-week period each calendar year per parcel.
The dates shall be specified by the Board of Appeals.
4)
The Board of Appeals may impose other reasonable conditions
and limitations to protect nearby residential premises and persons.
f.
Home occupation and home-based business exemptions.
1)
Outdoor sales lasting no less than four consecutive days and
occurring no more than three times per calendar year shall be considered
garage or yard sales, and shall be exempt from this
section.
2)
The sale of horticultural products grown on the premises may
be sold on the premises, and shall be exempt from this section.
3)
Piano lessons and similar fine arts lessons are exempt per state
law.
4.
Prohibited home occupations and home-based businesses.
a.
Any repair of motorized vehicles, such as engine
repair, painting, or body work to automobiles, trucks, trailers, boats,
heavy equipment, and lawn or landscaping equipment.
b.
Exterior parking and storage of heavy equipment
not typically found in residential areas.
c.
Any use not allowed in residential zone districts.
5.
Enforcement. Violations of this subsection shall result in the penalties noted in the chart above. Whenever the Zoning Administrator determines that there has been a violation of any provision of this section, they shall give notice of such violation to the person responsible as prescribed in Chapter 14 of the City's Ordinance Code. In case any violation is not remedied within the time set forth in the notice, the following action shall be taken:
a.
A home occupation shall be required to apply
for a Type 1 or Type 2 home-based business;
b.
A Type 1 home-based business permit shall be
revoked, or shall be required to apply for a Type 2 home-based
business;
c.
A Type 2 home-based business shall have a hearing
before the Board of Appeals;
d.
The person subject to a violation of a Type 2 home-based
business permit shall appear and present evidence in response
to the enforcement notice to the Board of Appeals. During the hearing, the Zoning Administrator or designated representative
shall specify the violation(s) that exists and the remedial action
required. The Board of Appeals shall then determine
whether to revoke the home-based business permit,
allow additional time to remedy the violation, or impose additional
conditions to remedy the violation(s).
e.
In addition to revocation described above, a person who violates or fails to comply with any provision of this subsection is responsible for a Class II municipal civil infraction and subject to the civil fines set forth in the schedule of fees and charges adopted in Section 2-118 of the City Code of Ordinances or any other relief that may be imposed by the court. Each act of violation and each day upon which such violation occurs shall constitute a separate violation.
H.
Kennels.
1.
Zone district permitted: CMU.
3.
Standards.
a.
Operation. Kennels shall be in a fully enclosed
building. Outdoor yards and runs shall be allowed
as an accessory use, and operated during the hours
of 7:00 a.m. to 9:00 p.m.
b.
Setbacks. Outdoor yards and runs shall be a
minimum of 25 feet from all property lines.
c.
Nuisances. No kennel shall generate noise, vibrations, dust, or odors which are detectable beyond
the property lines.
J.
K.
Outdoor sales, outdoor cafes, and sidewalk cafes.
1.
2.
Outdoor cafes are located on private property.
a.
Zone districts permitted: all zone districts where restaurant uses are permitted.
c.
Standards.
1)
Outdoor seating areas shall be permitted as an accessory
use to a principal restaurant use.
2)
The tables, chairs, fencing, and other aspects of the cafe shall
be designed to be architecturally compatible with existing structures on the subject property.
3)
The cafe shall be free of debris and litter.
4)
Only food and beverages may be provided and consumed within
the cafe.
6)
The cafe shall meet all county, state, and federal requirements
for food sales, liquor control, and other relevant regulations.
3.
Sidewalk cafes are located on public property.
a.
Zone districts permitted: all zone districts where restaurant uses are permitted.
c.
Standards.
1)
Comply with Section 39-4.02K.2.c.
2)
Shall submit proof of insurance with coverage and terms to be
defined by the City Attorney.
3)
Safe use of sidewalks. A minimum pedestrian clear width of six
feet (eight feet along 8th Street between Columbia Street and Pine
Street) is required along all public walkways at all times.
4)
The tables and chairs shall not be permanently anchored to the
ground.
5)
Shall submit a statement indemnifying the City from liability
in a form deemed sufficient by the City Attorney.
6)
Tulip Time restriction. Nonfenced sidewalk
cafes in CDT and EDT shall not operate until one hour after Tulip
Time Festival parades.
L.
Parking lots as a principal use.
1.
Zone districts permitted: ED and I Zone Districts.
2.
Approving authority: Zoning Administrator.
3.
Additional review processes: special land use approval
in CMU and F Zone Districts per Section 39-4.04H.
4.
Standards.
a.
Uses prohibited. Commercial repair work, sales,
or display shall not take place in parking lots,
unless the parking lot is associated with an approved vehicle repair or vehicle sales use.
b.
. See Section 39-9.02B.5.
c.
Screening. If located within 10 feet of the front lot line,
the lot shall be concealed behind a continuous sixty- to seventy-two-inch-high
manicured evergreen hedge or a minimum forty-eight-inch-high
decorative masonry wall adjacent to the sidewalk. The only openings
in the hedges or walls shall be for vehicular and
pedestrian entrances.
d.
Pedestrian access. Parking lots shall have a minimum of one
pedestrian entrance along all street frontages. The Planning Commission may determine that the vehicle entrance is sufficient for a given frontage.
M. 
Parking
Structures with Ground Floor Liner Buildings and screening for upper
stories.
Parking
Structures with Ground Floor Liner Buildings and screening for upper
stories.
Parking structures as a principal
use.
N.
Public lodging.
1.
Zone districts permitted: CMU, RMU, GMU, and F Zone Districts; ED and PUD as an accessory use; I as an outlot
use.
[Amended 8-3-2022 by Ord. No. 1827]
2.
Approving authority: Planning Commission or administrative
review team.
O.
Recycling collection centers.
1.
Zone districts permitted: I Zone District.
3.
Standards.
a.
Shall meet the requirements of outdoor storage and processes, Section 39-4.02J.3.
b.
Materials. Materials collected shall be limited to aluminum,
copper, plastic, glass, paper materials, and batteries.
c.
Containers. Collection containers shall be a minimum of 20 feet
from any property line adjacent to a residential
use or residential zone district.
d.
Outside storage. If stored outside, recyclable materials shall
be within weather-tight containers no higher than eight feet.
e.
Screening. Collection containers and recycling locations shall
be screened from external view by solid fencing,
a vegetative screen, or a combination of both, as
approved by the approving authority.
f.
Processing equipment. Processing equipment, including crushers
and sorting equipment, shall not be part of an outside collection
operation.
P.
Q.
Short-term rentals.
1.
2.
Investor-owned in residential zone districts.
a.
Zone districts permitted: LDR, CNR, MDR, and TNR Zone
Districts.
b.
Approving authority: Zoning Administrator.
3.
4.
Tulip Time. Notwithstanding the above sections, any dwelling
unit may be rented out, in whole or in part, for up to 10
days during the designated Tulip Time Festival.
R.
Temporary uses.
1.
Zone districts permitted: all zone districts where
the use would not typically be allowed as a permitted use.
3.
Standards.
a.
A temporary use shall not last more than two weeks.
b.
Examples: arts and craft fairs, carnivals, vehicle sales, vendor sales, etc.
c.
Compliance with zoning standards shall be required for approval.
d.
Exception to zoning compliance. Parking may be located on a
nondurable surface for temporary uses.
4.
Garage
or yard sales. Shall be allowed up to three times per calendar year,
with each sale lasting no more than four consecutive days.[3]
[3]
Editor's Note: This subsection was redesignated from Subsection
R3e to Subsection R4 12-1-2021 by Ord. No. 1805. Ordinance No. 1805 also
redesignated former Subsection R4 as Subsection R5.
5.
Tulip Time. Temporary uses and activities associated
with the annual Tulip Time Festival may be authorized by City
Council for a prescribed amount of time, and may include
activities that would normally be prohibited, such as food trucks
in the F Zone District, and sales of merchandise on City property.
S.
Vehicle repair.
1.
Zone districts permitted: CMU, RMU, and I Zone Districts; GMU Zone District on corridors designated in Section 39-2.14.
3.
Additional review processes: special land use approval
for additions to existing vehicle repair uses in
the NMU Zone District per Section 39-4.04K.
4.
Standards.
a.
Location. Servicing and repair of vehicles shall
be permitted only inside a fully enclosed building.
b.
Outside storage or parking of disabled, wrecked,
inoperable, or partially dismantled vehicles shall
not be permitted outside of specifically designated areas. Outdoor storage of damaged or inoperable vehicles shall be subject to all requirements for outdoor storage in Section 39-4.02J.3.
c.
Building elevations shall specify the locations
of overhead doors. All overhead doors shall be accessed by drive aisles
that meet the dimensional standards of UDO.
d.
Vehicle sales associated with repair facilities shall receive zoning approval for each use, and shall meet all applicable standards, including those in Section 39-4.02T.4.
e.
City, county, state, and federal regulations for the storage,
transportation, and disposal of oil, gasoline, and other flammable
liquids shall be met.
T.
Vehicle sales.
1.
Zone district permitted: CMU.
3.
Additional review processes: special land use in
RMU Zone District; NMU Zone District for existing vehicle sales uses per Section 39-4.04L.
4.
Standards.
a.
Vehicle display, parking, and circulation areas
shall be paved with a durable surface and include bumper guards or
curbing that separates paved areas from landscaped and lawn areas.
Another means may be approved by the Planning Commission.
b.
Outdoor display areas shall be located a minimum of 10 feet
from all property lines. Display spaces shall be
clearly delineated on the site plan. All display vehicles shall be parked in display spaces. Display cars
shall not be parked in required parking spaces.
c.
Vehicle repair associated with vehicle
sales facilities shall receive zoning approval for each use, and shall meet all applicable zoning standards, including those in Section 39-4.02S.4.
d.
A minimum 500-square-foot permanent structure shall be provided on the lot to serve as offices and rest rooms for the vehicle sales use.
U.
V.
Vendor trucks.
[Amended 12-1-2021 by Ord. No. 1805; 7-20-2022 by Ord. No. 1819; 11-2-2022 by Ord. No. 1830]
1.
Zone districts permitted: NMU, CMU, RMU, GMU, ED, I, PUD and F Zone Districts.
2.
Approving authority: Zoning Administrator.
3.
Additional review processes:
a.
F-CDT, F-NDT, F-EDT, and F-CENT Subdistricts and NMU Zone District: permitted on private property as part of an outdoor cafe per Section 39-4.02K.2. Permitted on any private property for a special event lasting no more than 24 hours with a maximum of six events per calendar year
b.
PUD: permitted if allowed by the original development agreement,
or if a site plan amendment is made.
c.
On public property including parks, streets and other City-owned
property: permitted when approved by the City Manager through the
Use of City Facilities process. Except for Windmill Island Gardens,
the Civic Center Place and the Farmer’s Market may be approved
by the Department Director of that facility, or their designee.
X.
Wireless communication facilities less than 40 feet.
1.
Zone districts permitted: all zone districts when
mounted on an existing structure; CMU, GMU, RMU,
I, OS, PUD, and F Zone Districts when new structure is less than 40 feet in height.
2.
Approving authority: Zoning Administrator.
4.
Standards.
a.
Documentation shall be submitted showing that the facility is
in compliance with all applicable Federal Communications Commission
regulations regarding radio frequency emissions and that the facility
will not cause interference with any nearby existing wireless communications
facilities.
b.
Lighting shall not be added to the structure unless required by the Federal Aviation Administration.
5.
Small cell wireless facilities co-located and on private property.
a.
Shall be reviewed in the same manner and following the standards of Section 39-4.02X.3.
6.
Small cell wireless facilities are exempt from this section if they
meet one of the following:
a.
Located on a public property or in the street right-of-way.
b.
The replacement of a small cell wireless facility with a small
cell wireless facility that is not larger or heavier than the existing
facility and is in compliance with applicable codes.
c.
Routine maintenance of a small cell wireless facility, utility
pole, or wireless support structure.
d.
Micro wireless facility installation, placement, maintenance,
operation, or replacement of that is suspended on cables strung between
utility poles or wireless support structures in compliance
with applicable codes.
Y.
 |
[7-21-2021 by Ord. No. 1796]
A.
List of special land uses and allowable zone districts. The following
uses shall be approved as special land uses by the
Planning Commission, using the basic special land use standards per Sections 39-4.03B and 39-12.08.
1.
Child-care centers: NMU, CMU, RMU, GMU, and I Zone Districts.
[Amended 12-1-2021 by Ord. No. 1805]
2.
Dwelling units: five or more: NMU Zone District.
[Amended 12-1-2021 by Ord. No. 1805]
3.
Event venue: NMU, RMU and F Zone Districts.
[Amended 12-1-2021 by Ord. No. 1805]
4.
Government/municipal services: all zone districts except OS.
5.
Hospitals: CMU and RMU Zone Districts.
6.
Institutions of higher eduction: all zone districts except ED.
7.
K-12 schools: all zone districts except OS. Public
schools where the State Superintendent has exclusive jurisdiction
are exempt from all zoning requirements.
8.
Maker spaces: NMU and F Zone Districts.
9.
Manufacturing (low-intensity): CMU and RMU Zone Districts.
10.
Care facilities: HDR for over 20 occupants; RMU and GMU Zone Districts.
[Amended 8-3-2022 by Ord. No. 1827]
11.
Power plants, non-wind or -solar: I Zone District.
13.
Recreation (outdoor): RMU, GMU, F Zone Districts. Public parks are permitted in all zone districts, including zone districts where other outdoor recreation
is prohibited or requires special land use approval.
14.
Religious institutions: RMU, GMU, I, and F Zone Districts.
15.
Research and development: GMU Zone District.
16.
Transportation and logistics: CMU Zone District.
B.
Summary of the basic special land use standards (Section 39-12.08).
1.
The use and the site plan shall be consistent with
the intent of UDO.
2.
The site plan shall comply with all UDO requirements.
3.
The use shall be designed, constructed, operated, and maintained
to be compatible with uses on surrounding properties, and the site
design shall minimize the impact of site activity on surrounding properties.
4.
In determining if these above requirements have been met, consideration
will be given to how the following relates to the surrounding properties:
a.
Parking: location and screening of vehicular
circulation.
b.
Outdoor storage, activity, or work areas, and
mechanical equipment.
c.
Structure massing, placement, and materials.
d.
Hours of operation. Approval may be conditioned upon operation
within specified hours to minimize impact on surrounding properties.
5.
Landscaping and additional amenities proposed. Approval may be conditioned
upon additional landscaping or amenities being added to the site design.
6.
Compatibility with the City of Holland's Master Plan.
7.
Adequate access to public services.
8.
Impact of traffic. A traffic impact study may be
required for all special land uses.
9.
No detrimental effects are foreseen due to noise, vibration, smoke, fumes, odors, dust, glare, and
light, etc., on surrounding properties.
10.
Shall be compatible with the natural environment and conserve
natural resources and energy.
 |
[7-21-2021 by Ord. No. 1796]
A.
List of special land uses with basic standards and specific use standards
required.
[Amended 12-1-2021 by Ord. No. 1805]
1.
Alternative energy (wind and solar): all zone districts.
2.
Firearm and archery ranges: CMU and I Zone Districts.
3.
Gas stations: CMU, GMU and I Zone Districts.
4.
Manufacturing (high-intensity): I Zone District.
5.
Marinas: all zone districts.
6.
NMU mixed-use buildings with five or more attached dwelling units:
NMU Zone District.
7.
Parking lots as a principal use: CMU and F Zone Districts.
8.
Parking structures as the principal use: CMU and F Zone Districts.
9.
Sexually oriented businesses: CMU Zone District.
10.
Vehicle repair: NMU Zone District.
11.
Vehicle sales: NMU and RMU Zone Districts.
12.
Wireless communication facilities: CMU, I and OS Zone
Districts.
13.
Campground:
CMU, OS, and PUD Zone Districts.
[Added 7-20-2022 by Ord. No. 1819]
B.
Alternative energy.
1.
Wind turbines over 40 feet in height (large-scale).
a.
Zone districts permitted as a special land use: as an accessory use in all zone districts; as
a principal use in the I Zone District.
b.
Approving authority: Planning Commission.
c.
Additional review processes: For wind turbines 40 feet or less in height, see Section 39-4.02B.1.
d.
Standards.
1)
Large-scale: shall be freestanding; shall not be considered
an accessory structure.
3)
Setbacks. The minimum setback for the turbine structure shall
be equal to the maximum tip height of the turbine.
4)
No maximum tip height. There shall be no maximum tip
height; however, the proposed height shall
meet all state and federal regulations and be approved by the West
Michigan Airport Authority and the Planning Commission. The Planning Commission may require a lesser height.
5)
Minimum ground clearance. The minimum vertical blade tip clearance
from grade shall be 50 feet.
6)
Shadow flicker: shall not produce off-site shadow flicker.
7)
Noise standards.
a)
The applicant shall provide an initial sound
modeling report and, within six months of commencing operation of
the wind turbine, a post-construction sound report for the project.
b)
No wind turbine shall generate audible noise that exceeds 45 dBA (Lmax) or 55 dBC (Lmax)
(dBC) to dBA ratio of 10 dB per ANSI standard S12.9 Part 4 Annex D) for any duration, at a property line.
c)
Leq 1-sec shall be used for all measurements and modeling.
2.
Solar panel arrays as a principal use.
a.
Zone districts permitted as a special land use: I Zone
District.
b.
Approving authority: Planning Commission.
c.
Additional review processes: permitted as accessory freestanding or rooftop per Section 39-4.02B.2.
d.
Standards.
1)
Large-scale: shall be freestanding solar panel arrays. These
standards include all associated equipment and facilities.
3)
Setbacks: shall be set back at least 20 feet from the nearest property line and 100 feet from the nearest residential
dwelling.
4)
Height. Freestanding principal solar panel arrays shall not
exceed 25 feet in height.
5)
The applicant shall obtain approval from the
Holland Board of Public Works (HBPW).
C.
Firearm and archery ranges.
1.
Zone districts permitted as a special land use: CMU and I Zone Districts.
2.
Approving authority: Planning Commission.
3.
Standards.
b.
Minimum property area: 30,000 square feet.
c.
The submittal and approval of the following items:
1)
Certification from the indoor range equipment manufacturer that
the equipment meets all applicable federal, state, and local regulations
for archery and shooting ranges and indicates the
size or type of weapon the range is designed for. The indoor range
equipment includes all baffles and walls designed to contain arrows
and bullets or other projectiles.
2)
Certification from the project architect and/or professional
engineer that the facility meets the current requirements for all
applicable federal, state, and local regulations for archery
and shooting ranges.
3)
Certification from the contractor or installer that the equipment
described in the application has been installed and complies with
all manufacturer and architectural directions, requirements, and specifications.
4)
Certification from the range operator that the facility will
at all times comply with all applicable federal, state, and local
regulations, will meet or exceed all commonly accepted shooting range
safety and design practices, and will be operated in a manner that
protects the health, safety and welfare of the general public.
d.
The following standards shall also be adhered to:
1)
The range operator shall only allow weapons of the size or type
the range is designed for as set forth in the manufacturer's certificate.
2)
The applicant or range operator shall not modify
the indoor range equipment, on-site lead collection system or HVAC
system without first obtaining an amended special land use approval.
3)
The range owner shall obtain and maintain a license as required by Chapter 17 of the Code of Ordinances.
4)
The range shall be subject to inspection upon request of the
City to verify ongoing compliance with the requirements of this section.
5)
The interior of the building shall be impenetrable
to the discharge of any bullet or other projectile shot or discharged
in the range.
6)
Audible noise from the discharge of any firearm shall comply with the requirements of Chapter 19 of the City Code of Ordinances.
7)
The range shall have an on-site lead cleanup system and HVAC
filtration system in compliance with all federal and state regulations.
8)
Hours of operation: 7:00 a.m. to 9:00 p.m.
D.
Gas stations.
1.
Zone districts permitted as a special land use: CMU and I Zone Districts and GMU Zone District when
on street corridors.
2.
Approving authority: Planning Commission.
3. 
Standards.
b.
A raised curb of six inches in height shall
be constructed to separate the landscape planting areas from the driveways
and pump areas.
c.
Pump islands shall be set back a minimum of 35 feet from all property lines.
d.
The site shall be designed to have sufficient truck turning
space for fuel deliveries. An internal and external movement diagram
is required with the site plan application.
e.
All City, county, state, and federal regulations regarding the
storage and transportation of gasoline and other flammable liquids
shall be met.
f.
Canopy structures shall meet the following
requirements:
1)
Minimum setback: 20 feet.
4)
A canopy may be either attached or detached
from the main building.
5)
A canopy shall use a similar roof form, pitch,
and materials in order to resemble the roof covering of the main building. Materials, colors, and supporting columns shall
coordinate with the design of the main building.
6)
A canopy shall not cover architectural details,
windows, transparency, or the expression line of
the main building.
7)
A canopy structure shall not be enclosed.
8)
If any part of the canopy is illuminated, highly
reflective material shall not be installed on the underside of the canopy.
E.
Manufacturing (high-intensity).
1.
Zone districts permitted as a special land use: I Zone District.
2.
Approving authority: Planning Commission.
3.
Additional review processes: low-intensity manufacturing: permitted
in I Zone District; special land use approval in
CMU and RMU Zone Districts.
[Amended 11-2-2022 by Ord. No. 1830]
F.
Marinas.
1.
Zone districts permitted as a special land use: all zone
districts.
2.
Approving authority: Planning Commission.
3.
Standards.
b.
Storage of boats shall be permitted. Storage locations for boats
shall be delineated on the site plan.
c.
Discarding of waste or refuse. Facilities shall be provided
at the marina for disposal of refuse from boating
holding tanks in a sanitary manner.
d.
Refuse and garbage containers with covers shall be provided
and kept in clean and sanitary condition.
e.
Rest room facilities shall be provided at a ratio of one toilet
per 40 boat slips.
f.
Access drives between boat storage spaces shall meet the dimensional
requirements of UDO.
G.
NMU mixed-use
buildings with five or more attached dwelling units.
[Amended 12-1-2021 by Ord. No. 1805]
1.
Zone districts permitted as special land use: NMU Zone District.
2.
Approving authority: Planning Commission.
3.
Standards.
b.
Surrounding and adjacent uses to the site are residential.
c.
The site is in close proximity to, but not adjacent to, other
neighborhood commercial uses that serve the desired commercial need.
d.
The proposed development maintains a minimum of 20% commercial use on the first story of the front street that meets the window glazing requirements in Section 39-2.11E.
[Amended 11-2-2022 by Ord. No. 1830]
e.
The proposed development advances a goal of the City's Master
Plan, as determined by the Planning Commission.
f.
Rationale for the special use is provided by the applicant that
is reasonable, as determined by the Planning Commission.
H.
Parking lots as a principal use.
1.
Zone districts permitted as a special land use: CMU and F Zone Districts.
2.
Approving authority: Planning Commission.
4.
Standards.
c.
Planning Commission determines the parking lot is necessary to support nearby uses.
d.
Planning Commission determines the parking lot will not negatively impact the vibrancy, walkability,
or historic character of the surrounding area.
e.
Uses allowed. Parking lots shall be used for
short-term parking, not long-term storage. Commercial repair work,
sales, or display shall not take place in any parking lot not associated with an approved vehicle repair or
sales use.
f.
Structures permitted: shelter for attendants.
g.
Setback. See Section 39-9.02B.5.
h.
Screening. If located within 10 feet of the front lot line,
the lot shall be concealed behind a continuous five-to-six-foot-high
manicured evergreen hedge or a minimum four-foot-high
decorative masonry wall adjacent to the sidewalk. The only openings
in the hedges or walls shall be for vehicular and
pedestrian entrances.
i.
Pedestrian access. Parking lots shall have
a minimum of one pedestrian entrance along all street frontages. The Planning Commission may determine that the vehicle entrance is sufficient for a given frontage.
I.
Parking structures as the principal use.
1.
Zone districts permitted as a special land use: CMU and F Zone Districts.
2.
Approving authority: Planning Commission.
4.
Standards.
b.
In the F Zone District, the Form-Based
Code parking structure standards are met per Section 39-3.08.
c.
Planning Commission determines the parking structure is necessary to support nearby uses.
d.
Planning Commission determines the parking lot will not negatively impact the vibrancy, walkability,
or historic character of the surrounding area.
e.
The ground story shall include a commercial
liner building on all street frontages or
shall be entirely blocked from street view by buildings.
f.
Upper stories shall be designed so that vehicles cannot be seen from the street level.
J.
Sexually oriented business.
1.
Zone districts permitted as a special land use: CMU Zone
District.
2.
Approving authority: Planning Commission.
3.
Standards.
c.
Signs for a sexually oriented business shall comply with the requirements of Article 39-8, and no sign shall contain any words, lettering, photographs, silhouettes, drawings
or pictorial representations of a sexually explicit manner.
d.
Location. The proposed use is not located or operated within
500 feet of a religious institution; public or private
nursery school, preschool, kindergarten, elementary or secondary school,
public park, licensed child-care center, entertainment business oriented
toward children or family entertainment, the boundary of any residential zone district or a residential use not located within a residential zone district. The proposed use shall not be located within 1,000 feet of another
sexually oriented business. The following shall be met:
1)
The separation distance between a sexually oriented business
and a use listed in Section 39-4.04J3d shall be measured from the sexually oriented business structure
to the property line of the other use. The separation
distance between two sexually oriented businesses shall be measured
from property line to property line.
2)
An approved sexually oriented business shall not be designated
a nonconforming use when determining location proximities.
3)
If any portion of the structure or property the sexually oriented
business is located in fails to meet the separation distance requirements
of this section, then the entire structure or property shall be ineligible
for a sexually oriented business use.
4)
The distances listed above shall carry across municipal boundaries,
such that uses or zone districts not within the boundaries of the City of Holland may restrict the
location of sexually oriented businesses.
K.
Vehicle repair.
1.
Zone district permitted as a special land use: NMU Zone District.
2.
Approving authority: Planning Commission.
3.
Additional review processes: permitted in CMU, RMU, and I Zone Districts. In GMU Zone District on corridors per Section 39-4.02S.
4.
Standards.
a.
The vehicle repair use is existing.
c.
Servicing and repair of vehicles shall only
be permitted inside a fully enclosed building.
d.
Outside storage or parking of disabled, wrecked, inoperable,
or partially dismantled vehicles shall not be permitted
outside of areas specifically designated on the site plan. Outdoor storage of damaged or inoperable vehicles
shall be subject to all requirements for outdoor storage in Section 39-4.02J.
e.
Overhead doors shall be clearly indicated on building elevations. All overhead doors shall be accessed by drive aisles
that meet the dimensional standards of UDO.
f.
Vehicle sales associated with repair facilities
shall receive separate zoning approval from the City, and shall meet all applicable standards, including those in Section 39-4.04L.
g.
All City, county, state, and federal regulations regarding the
storage, transportation, and disposal of oil, gasoline, and other
flammable liquids shall be met.
L.
Vehicle sales.
1.
Zone districts permitted as a special land use: RMU Zone
District; NMU Zone District if there is
an existing vehicle sales use.
2.
Approving authority: Planning Commission.
4.
Standards.
b.
If located in NMU, the vehicle sales use is
existing.
c.
Vehicle display, parking, and circulation areas
shall be paved with a durable surface, and include bumper guards,
curbing, or another means approved by the Planning Commission that separates paved areas from landscaped and lawn areas.
d.
Outdoor display areas shall be located a minimum of 10 feet
from all property lines. Display spaces shall be
clearly delineated on the site plan. All display vehicles shall be parked in display spaces. Display cars
shall not be parked in required parking spaces.
e.
Vehicle repair facilities associated with vehicle sales facilities shall receive separate zoning approval from the City, and shall meet all applicable standards, including those in Section 39-4.04L.
f.
A permanent structure of a minimum of 500 square
feet shall be provided on the lot to serve as offices and rest rooms for the vehicle sales use.
M.
Wireless communication facilities.
1.
Zone districts permitted as a special land use: CMU, I, and OS Zone
Districts when a new structure is 40 feet or greater in height.
2.
Approving authority: Planning Commission.
3.
Additional review processes.
4.
Standards.
b.
Documentation shall be submitted showing that the facility is
in compliance with all applicable FCC regulations regarding radio
frequency emissions and that the facility will not cause interference
with any nearby existing wireless communications facilities.
c.
If a new structure is to be constructed for
the facility, it shall meet the following standards:
d.
The structure shall be the shortest possible height required to provide the service desired. The applicant shall submit coverage and/or capacity information,
including propagation maps and other information requested by the
City, to demonstrate the needed service improvement and why the requested height is necessary. The City may request further information,
including propagation maps, demonstrating the service at lower heights,
in order to determine whether the requested height is necessary.
e.
Any structure proposed to be constructed higher
than 200 feet in height, anywhere within the City,
shall require the approval of the West Michigan Airport Authority,
or its designated staff member, as part of the required site
plan approval.
f.
Time limit under state law. Review under this section shall
be completed within the time limits imposed by MCLA 460.1317(2). The
Zoning Administrator shall determine when the application is complete
under MCLA 460.1317.
N.
Campgrounds.
[Added 7-20-2022 by Ord. No. 1819]
1.
Zone
districts permitted as a special land use: OS, CMU, and PUD Zone Districts.
2.
Approving authority: Planning Commission.
3.
Standards.
b.
The campground shall comply with Part 125 of the Public Health
Code, Act 368 of 1978, as amended, including required licenses and
inspections.
c.
Minimum property area: five acres.
d.
Campsites shall be set back a minimum of 100 feet from all property lines.
e.
Retail uses within the campground shall be
no more than 2,000 square feet in area and shall be an accessory
use to the campground use.
f.
The property shall be connected to public water and sewer.
g.
A permanent building containing bathrooms and
shower facilities shall be provided and shall meet or exceed the minimum
number required by the Public Health Code.
h.
The perimeter of the campground shall be enclosed by a solid fence or other screening as determined by the approving
authority. Fence heights and types shall comply with Section 39-9.08.
i.
Dumpsters shall be centrally located in the campground and a
minimum of 100 feet from all property lines.
j.
Campsite access roads shall be a minimum of 100 feet from all property lines, except for the main entrance driveway that
provides access into the campground.
k.
Outdoor group activities shall be limited to 7:00 a.m. through
10:00 p.m.
l.
The maximum duration of stay at a campground shall not exceed
29 consecutive days.
m.
An application and site plan for a campground
shall contain the following:
