City of Holland, MI
Ottawa County
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Table of Contents
Table of Contents
[Ord. No. 464, § 9-1.12; Ord. No. 975, 3-1-1989; Ord. No. 1188, 2-19-1997; Ord. No. 1231, 12-16-1998; Ord. No. 1268, 1-19-2000; Ord. No. 1383, 5-12-2004; Ord. No. 1558, 2-2-2011; amended 6-5-2013 by Ord. No. 1606; 6-3-2015 by Ord. No. 1650; 10-7-2015 by Ord. No. 1656; 6-1-2016 by Ord. No. 1669; Ord. No. 1698; 4-18-2018 by Ord. No. 1731; 8-1-2018 by Ord. No. 1741]
Height and area regulations shall be specified for each residential district; provided, however, that the following general exceptions are made:
(a) 
If 40% or more of all the frontage on one side of a street, between two intersecting streets, is developed with one- and two-family residences, the lesser front yard setback so established shall prevail, but nothing in this division shall be construed to permit any new house closer than five feet to the front street line. Except where compliance with infill residential standards of Section 39-198 requires a greater setback, this section shall not require a front yard greater than that required for the zone district.
(b) 
Accessory buildings, except in the PRD Planned Residential Development District.
(1) 
No accessory building shall be erected in any required front yard.
(2) 
Accessory buildings shall be located at least three feet from any dwelling and at least three feet from any other accessory building on the lot.
(3) 
A maximum of two accessory buildings per residential lot less than two acres in size and a maximum of four accessory buildings per lots two acres in size or greater shall be permitted.
(4) 
Accessory buildings shall not exceed 17 feet in average roof height unless the property is located within an historic district and may be eligible for additional average roof height per compliance with Section 39-185(g).
(5) 
The minimum roof pitch of an accessory building shall be 3/12.
(6) 
The roof construction shall be such that the use of upper story or attic space is not usable for any purpose other than light storage. The bottom chord of the trusses or the ceiling joists shall be designed for a live load not to exceed 20 pounds per square foot. This Subsection (b)(6) shall not apply if the upper story is approved as a second floor ADU.
(c) 
Accessory buildings in residential districts 50 feet or more from any street line are permitted two feet from the lot line and, where such use is contained within or constitutes an integral part of the main building or is less than 50 feet from any street line, it shall meet all side yard requirements except as modified in Subsections (d) and (e) of this section.
(d) 
In the R-TRN District, accessory buildings and additions to principal buildings that are located on corner lots and designed for the storage of vehicles shall have a minimum front yard of 16 feet, except where vehicle access to an accessory building on a corner lot is from a public alley, the setback may be reduced to the minimum side yard on a side street as a condition of a residential infill review.
(e) 
In the R-TRN District, all new accessory buildings and additions to principal buildings that are located on corner lots will require a residential infill review pursuant to Section 39-198.
(f) 
In the application of these and other residential standards to residential properties within an historic district, the Zoning Board is hereby authorized to modify such standards as special exceptions upon public hearing thereon and a determination from evidence that:
(1) 
A certificate of appropriateness, conditioned upon zoning approval, has been issued by the Historic District Commission.
(2) 
All other requirements of building, fire safety, or other applicable codes have been met.
(3) 
The granting of such exception would not be detrimental to the health, safety, welfare, or reasonable use and enjoyment of adjoining or nearby premises.
(g) 
Accessory dwelling unit.
(1) 
An accessory dwelling unit (ADU) is a separate, complete housekeeping unit with kitchen, sleeping area, and full bathroom facilities, which is a detached from a single-family structure. For purposes of Section 39-210, a property with a single-family residence with an ADU permitted by special exception shall be deemed one single-family use permitted under Section 39-210(a).
(2) 
All structures designed and used as a temporary or permanent dwelling detached from a single-family primary residence on a lot shall be considered an accessory dwelling unit (ADU). ADUs with not more than two occupants shall be permitted as a special exception use by the Zoning Board of Appeals.
(3) 
An attached ADU will be considered as a conversion, and shall fully comply with the requirements of Section 39-189.
(4) 
ADUs shall not provide transient accommodations for periods of less than one month.
(5) 
Establishment, regulations and conditions. The Zoning Board of Appeals may grant a special exception to allow for the construction of a building as an accessory dwelling unit when all of the following conditions exist:
a. 
The ADU shall be reviewed and approved pursuant to the residential infill regulations, Section 39-198, prior to Zoning Board determination.
b. 
An applicant seeking permission to establish an accessory dwelling unit shall submit a site plan of the lot indicating the location of the accessory dwelling unit and delineating areas designated for improved off-street parking. Approval by the Zoning Board shall be conditioned upon strict compliance with the site plan relating to parking and development.
c. 
The Zoning Board shall determine the amount and level of required off-street parking as a condition to the grant of the special exception, considering the increased use, density, and safety of vehicular traffic movements on the proposed lot pursuant to the requirements of Section 39-48.
d. 
The applicant shall submit a floor plan showing that the ADU includes a kitchen, bathroom, and sleeping area, and shall meet all provisions of the Michigan Residential Code and Chapter 14 of the Holland City Code of Ordinances.
e. 
The ADU is compatible and harmonious with the established character of adjoining and nearby residentially developed lands, and no such ADU shall be approved which would, in the opinion of the Board, have a detrimental effect on the reasonable enjoyment of adjoining properties. In making a determination of compatibility, the Zoning Board shall consider such factors as:
1. 
The ADU shall not result in excessive traffic, parking congestion, or noise.
2. 
The placement, orientation, and location, of windows and doors of the ADU will not infringe on the privacy of the surrounding neighborhood.
3. 
Adequate landscaping and/or a six-foot-high solid board fence shall be installed to screen the ADU from the surrounding neighborhood.
4. 
No more than two persons shall occupy an ADU.
5. 
The Zoning Board may approve an ADU subject to such additional conditions or restrictions as it deems necessary to assure compatibility with adjoining or nearby residential property, or to protect the health, safety, and general welfare.
f. 
The applicant shall present evidence that the principal structure on the property is a single-family home.
g. 
No more than one ADU shall be permitted on a single parcel.
h. 
Where an ADU is located on a parcel, only one additional accessory structure shall be allowed except as provided in Section 39-185(b)(1) for lots exceeding two acres in size.
i. 
The finding of fact and conclusions of law of the Zoning Board approving the ADU shall be recorded with the register of deeds of Ottawa County or Allegan County in which the property is situated. Any fees incurred for compliance with this section shall be paid by the applicant.
(6) 
Development standards.
a. 
The ADU shall be connected to the City sewer and water services.
b. 
An ADU may only be located in a residential zone district.
c. 
An ADU will not be permitted in the area defined as the Hope Neighborhood Area.
d. 
The ADU will have a minimum living space footprint of 120 square feet and a maximum footprint of 720 square feet.
e. 
A detached ADU may be located on the first or second floor level of a structure. If the ADU is located on the first floor level, the ADU shall have a maximum average height of 12 feet. If the ADU is located on the second-floor level of a structure, the structure shall have a maximum average height of 24 feet.
f. 
The ADU shall not exceed 1/3 of the footprint of the main structure.
g. 
An ADU shall not be located in any front yard.
h. 
The setback for the ADU to the side and rear yard property lines shall meet or exceed the minimum setbacks established for side yard setback of a principal structure in the zone district in which it is located. On a corner lot, the full side yard on a side street requirement shall meet or exceed the minimum setback established for the principal structure in the zone district in which it is located.
i. 
Before obtaining a building permit the property owner shall file with the Zoning Administrator a copy of declaration of restrictions, recorded with the county Register of Deeds, containing a reference to the deed under which the property was acquired by the present owner which will state the following:
1. 
The use permit for the accessory unit shall be in effect only so long as either the main residence or the ADU is occupied as the principal residence by the owner.
2. 
The unit is restricted to the approved size.
3. 
The accessory unit shall not be sold separately.
4. 
All above declarations shall run with the land, and are binding upon any successor in ownership.
5. 
The deed restriction shall only lapse on the demolition of the ADU.
(7) 
A property with an ADU shall not also have a short-term rental on the same parcel.
[Ord. No. 1188, 2-19-1997; amended 3-7-2018 by Ord. No. 1727]
Due to the possible impact of certain developments on residential areas, the Planning Commission shall conduct a site plan review in accordance with the provisions of Article II of this chapter when required by Section 39-21.
[Ord. No. 801; Ord. No. 975, 3-1-1989; Ord. No. 1188, 2-19-1997; amended 6-1-2016 by Ord. No. 1669]
(a) 
In order to assure a minimum degree of harmony among residential structures, the following standards shall apply to residential structures as specified:
(1) 
No principal structure shall have a habitable floor area of less than 720 square feet. For purposes of this subsection, the term "habitable" shall include bathrooms, closets, halls and areas of similar use.
(2) 
No principal structure shall have a minimum dimension of less than 24 feet along any horizontal elevation of the principal structure.
(3) 
No principal structure shall be erected which does not include a pitched roof, having a slope of not less than three inches of rise for each 12 inches of horizontal dimension, over at least 60% of the principal structure.
(4) 
No principal structure shall be erected except upon and permanently affixed to a solid and continuous foundation of brick, block, concrete or wood, in accordance with building code regulations of the City of Holland.
(5) 
No structure shall be erected or placed which does not comply in all respects with the building code, the housing code, this chapter and all other regulations of this Code applicable to the development and maintenance of residential premises.
(b) 
For any development which is multiple-family in nature and numbers 12 dwelling units or more in any configuration, the development shall include a minimum of 50% of the area to be green space. This green space would be any land area not covered with impervious ground cover, buildings, roadways, parking installations. The green space shall be natural vegetation, grass, plantings, pedestrian walkways, recreational facilities or natural water feature. Stones, wood chips, walks, sculpture, or similar material or installation may be included as accessory components of landscaped areas, but shall not in and of themselves be considered as landscaping. The green space shall be maintained to provide attractive landscaping and be in compliance with the provisions of the Charter and Code of the City of Holland.
(c) 
The foregoing provisions of Subsection (a) above shall not be applicable to mobile homes placed on rented sites in licensed mobile home parks, so long as the state maintains jurisdiction for the licensing of such parks and the operators thereof.
(d) 
It is not intended that the provisions of Subsection (a) above shall inhibit or prevent quality design or innovation in housing styles. The Zoning Board is hereby authorized to approve deviations from Subsection (a) as special exceptions upon a determination that the granting of such special exception shall not be materially detrimental to the use, enjoyment or value of adjoining premises. In hearing appeals for special exceptions, the Zoning Board shall consider whether the specific structure has been designed for a specific site by an architect or other competent design professional, or incorporates solar heating or other design innovations which would make strict adherence to the provisions of Subsection (a) impractical.
[Ord. No. 801; Ord. No. 1188, 2-19-1997; Ord. No. 1310, 8-1-2001]
(a) 
Generally. In recognition of improved technology, the need for economic housing and changing legislative and judicial attitudes toward the regulation of housing, it is understood that some housing needs may be met by structures which are constructed in part or in full off-site, and are transported to a building site for permanent placement. Premanufactured housing shall be permitted as permanent dwellings in accordance with the requirements of Section 39-187 and all other applicable ordinances or statutes. In addition, the exterior of any such dwelling shall be free of any visible apparatus or equipment relating to means of transport, including, but not limited to, towing tongues, undercarriage, wheels, bumpers, lifting hooks or vehicular lighting.
(b) 
Aesthetic standards. Premanufactured homes shall be constructed and placed on residential lots in conformance with community aesthetic standards. The Zoning Board, upon application and public hearing thereon, shall determine if the proposed mobile home is in conformity with community aesthetic standards. The Zoning Board shall consider and prepare findings of fact regarding each of the following criteria:
(1) 
Whether the type, structure and architectural design of the proposed mobile home is compatible with the type, structure and architectural design of reasonably adjacent and contiguous residential structures;
(2) 
Whether the exterior appearance, style, roof overhang, window placement and door arrangement of the proposed mobile home is compatible with reasonably adjacent and contiguous residential structures; and
(3) 
Whether the proposed location of the mobile home and accessory structures shall be injurious to the health, safety or welfare of the proposed mobile home or surrounding property.
(c) 
Exemption. All premanufactured housing that is certified by the State of Michigan, pursuant to MCLA § 125.1519 Section 19.(1), shall be exempt from Section 39-188(b).
[Ord. No. 464, § 9-1.12; Ord. No. 885; Ord. No. 910, 9-3-1986; Ord. No. 1188, 2-19-1997; Ord. No. 1415, § 4, 6-1-2005; amended 6-1-2016 by Ord. No. 1669]
The conversion of an existing building into a dwelling, or conversion of any existing dwelling to increase the number of dwelling units, shall be permitted only as a special exception use, approved by the Zoning Board following a public hearing, and upon the finding of compliance with the following criteria and standards:
(a) 
An applicant seeking a conversion of a building or dwelling shall submit a site plan of the lot delineating areas designated for improved off-street parking. Approval by the Zoning Board shall be conditioned upon strict compliance with the site plan relating to parking and development.
(b) 
An applicant seeking exterior alterations or additions to the building or dwelling shall submit drawings or renderings specifically describing and delineating the proposed improvements. Approval by the Zoning Board shall be conditioned upon strict compliance with the drawings or renderings relating to exterior alterations or additions.
(c) 
The Zoning Board shall permit the conversion of a building or dwelling if:
(1) 
The applicant has presented reasonable evidence that the proposed conversion will not adversely affect adjacent and adjoining property because of the increased use, density, and proposed off-street parking layout.
(2) 
The conversion shall conform in all respects with housing, building, plumbing, heating, and electrical codes, including the historic district regulations, zoning ordinances, and any other codes or regulations of the City applicable to the creation, operation, or rental of residential dwelling units.
(3) 
The proposed conversion conforms with the requirements of Sections 39-282, 39-224, 39-234, 39-269, and 39-279 where applicable and is a permitted use in the zone district in which the dwelling shall be located.
(4) 
No conversion shall be allowed which involves exterior alterations or additions which are not architecturally harmonious and compatible with the structure being converted, or with other residential structures in the general vicinity.
(5) 
The Zoning Board shall determine the amount and level of required off-street parking as a condition to the grant of the special exception, considering the increased use, density, and safety of vehicular traffic movements on the proposed lot pursuant to the requirements of Section 39-48.
(6) 
The Zoning Board may approve the conversion of a building or dwelling subject to such additional conditions or restrictions as it deems necessary to assure compatibility with adjoining or nearby residential property, or to protect the health, safety, and general welfare.
(d) 
The findings of fact and conclusions of law of the Zoning Board approving the conversion of a building or dwelling shall be recorded with the register of deeds of Ottawa County or Allegan County in which the property is situated. Any fees incurred for compliance with this section shall be paid by the applicant.
[Ord. No. 910, 9-3-1986; Ord. No. 1188, 2-19-1997]
Notwithstanding the provisions of Section 39-189, no provision of this Code shall be interpreted, construed, or determined to authorize or permit the use of a dwelling or building for multifamily uses or occupancy which was not lawfully existing and permitted on the effective date of the adoption of Section 39-189.
[Ord. No. 464, § 9-1.12; Ord. No. 1188, 2-19-1997; amended 6-3-2015 by Ord. No. 1650; 6-1-2016 by Ord. No. 1669]
No accessory building, other than an accessory dwelling unit reviewed and approved in accordance with Section 39-185, in the rear of a main building on the same lot shall be used for residential purposes.
[Ord. No. 1366, § 2, 8-20-2003; Ord. No. 1461, 9-6-2006; Ord. No. 1525, 1-7-2009]
(a) 
Intent. The intent of this section is to protect residential areas from any significant impacts associated with home occupations and businesses, and to establish criteria and standards for conducting home occupations and businesses within residential zone districts. The intent of this section is also to allow and encourage residents to pursue greater business and financial independence and resources through the creation of home occupations and home based businesses. Home occupations and businesses provide a wide range of business opportunities for the residents of this community as well as being potential incubators for larger future commercial businesses that may enhance the economic development of the City of Holland and the larger Holland area.
(b) 
Home occupation and home business special exception permit procedures and enforcement.
(1) 
Approval procedure for home occupations. A home occupation is permitted by right subject to the conditions of Section 39-192(c). No special exception permit is required.
(2) 
Special exception permit procedure for Type 1 home businesses.
a. 
Applications for Type 1 home businesses shall be filed with the Zoning Administrator.
b. 
The Zoning Administrator shall issue a special exception permit for such a home business that complies with Section 39-192(d) within 15 calendar days. This review period may be extended upon mutual consent of the Zoning Administrator and the applicant.
c. 
Appeals of a Zoning Administrator decision shall be made to the Zoning Board of Appeals. The Zoning Board of Appeals shall affirm, overturn, or modify the original decision of the Zoning Administrator after holding a public hearing and conducting a thorough review of the record.
(3) 
Special exception permit procedure for Type 2 home businesses.
a. 
Applications for Type 2 home businesses shall be filed with the City Clerk.
b. 
The Zoning Board of Appeals shall hold a public hearing and shall evaluate and make a decision regarding the application pursuant to Section 39-192(e).
c. 
The Zoning Administrator shall issue a special exception permit for a Type 2 home business upon approval by the Zoning Board of Appeals.
(4) 
Enforcement.
a. 
Inspections. All home occupations and Type 1 and Type 2 home businesses are subject to inspections.
b. 
Violations. Violation of the applicable requirements set forth in Section 39-192(c) through (e) shall be deemed as a violation of this section and shall constitute grounds for revocation of a Type 1 or Type 2 home business special exception permit.
c. 
Notice. Whenever the Zoning Administrator determines that there has been or is a violation, or that there are reasonable grounds to believe that there has been or is a violation, of any provision of this section he shall give notice of such violation or alleged violation to the person responsible therefore. Such notice shall:
1. 
Be in writing;
2. 
Include a description of the real estate sufficient for identification;
3. 
Specify the violation which exists, the remedial action required, and the penalty for noncompliance being the revocation of the special exception permit; and
4. 
Allow a reasonable time for the performance of any act it requires.
d. 
Noncompliance with specified required remedial action; required hearing. In case any violation is not remedied within the time set forth in the notice, the Zoning Administrator may schedule a hearing before the Zoning Board of Appeals to consider revoking the special exception authorizing a home business. The person subject to the required remedial action may appear and present evidence in response to the enforcement notice. During the hearing, the Zoning Administrator or designated representative shall specify the violation(s) that exists and the remedial action required, the Zoning Board of Appeals shall then determine whether to revoke the special exception permit, allow additional time to remedy the violation or impose additional conditions to remedy the violation(s).
e. 
Civil infraction. In addition to revocation described in Subsection d., of this section, a person who violates or fails to comply with any provisions of this section 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 this Code 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.
(5) 
Registration of Type 1 and Type 2 home business special exception permits. Commencing one calendar year after the initial approval of the Type 1 and Type 2 home business special exception permits, and then every two calendar years thereafter, the permit holder shall be required to register their home based business with the City on a form to be supplied by the City. Said form will state the terms and conditions of the original special exception permit and/or attach a copy of said permit, and require the permit holder to attest their compliance with the terms and conditions of the special exception permit. Failure on behalf of a special exception permit holder to file the required registration may result in the termination of the Type 1 or Type 2 home business special exception permit.
(6) 
Expiration of Type 1 and Type 2 home business special exception permits. Upon the cessation of a home business for a period of 180 days, the Type 1 or Type 2 home business special exception permit shall expire and be of no further effect.
(c) 
Home occupation general requirements and performance criteria. All home occupations shall comply with the following standards:
(1) 
The home occupation shall be clearly incidental and secondary to the principal residential use of the dwelling.
(2) 
Within the home, a home occupation shall be conducted solely by persons residing in the dwelling. Off-site employees are permitted.
(3) 
All home occupation activities, including storage, shall be conducted entirely within the interior of the dwelling and/or accessory building. No outside storage is permitted. Materials, supplies, and merchandise shall be stored 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.
(4) 
There shall be no exterior alteration in the residential character of the premises in connection with the home occupation.
(5) 
The home occupation shall not generate noise, vibrations, smoke, dust, odor, heat, or glare which are detectable beyond the property lines. Furthermore, the home 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 dwelling unit in a residential zoning district used for residential purposes.
(6) 
Except for music students, there shall be no client, customer, or employee traffic generated by the home occupation and the home occupation shall not require additional on-street or off-street parking. 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 services common to residential property in which the home occupation is located. Such deliveries and pickups shall not require a vehicle larger than a step-type van.
(7) 
No signage is permitted.
(8) 
More than one home occupation is allowed on the premises if the additional home occupation meets all of the standards of this section.
(9) 
Compliance with all other applicable local, state, and federal laws and regulations.
(d) 
Type 1 home business general requirements and performance criteria. All such home businesses shall comply with the following standards:
(1) 
The home business shall be clearly incidental and secondary to the principal residential use of the dwelling.
(2) 
A home business shall be conducted solely by persons residing in the dwelling. Off-site employees are permitted.
(3) 
All home business activities, including storage, shall be conducted entirely within the interior of the dwelling and/or accessory building. No outside storage is permitted. Materials, supplies, and merchandise shall be stored 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.
(4) 
There shall be no exterior alteration in the residential character of the premises in connection with the home business.
(5) 
The home business shall not generate noise, vibrations, smoke, dust, odor, heat, or glare which are detectable beyond the property lines. Furthermore, the home 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 dwelling unit in a residential zoning district used for residential purposes.
(6) 
On-site customer sales and the pick up of merchandise by clients, customers, or other business related individuals shall be limited to:
a. 
Items commonly collected or traded, and occasionally sold by hobbyists such as coins, stamps and antiques;
b. 
Artistic or craft type products produced on the premises;
c. 
Incidental supplies necessary for and consumed in the conduct of such home business;
d. 
The pickup of merchandise produced on-site by the home business.
(7) 
The home business shall be limited to a maximum of 50% of the floor area of one story of the dwelling, and 50% of the floor area of a detached accessory building.
(8) 
No more than two clients, customers, or other business related individuals shall be received at any one time. No clients, customers, or other business related individuals shall be permitted on-site between the hours of 9:00 p.m. and 7:00 a.m.
(9) 
Customers and clients shall not generate in excess of 10 total vehicle trips per day (a trip is composed of a passenger vehicle arriving at and then leaving the premises and/or on-street area near the premises).
(10) 
In addition to regular United States postal letter carrier service, the delivery and pickup of goods and materials used and/or produced in the operation of the home business shall be limited to one combined delivery and pickup per day averaged over the course of a calendar week. Such deliveries and pickups of mail and packages shall be done by the United States Postal Service, and by alternative private delivery services common to residential property in which the home business is located. Such deliveries and pickups shall not require a vehicle larger than a step-type van.
(11) 
A minimum of two parking spaces shall be available for the home business either on-site and/or on the street immediately in front of the premises.
(12) 
No signage is permitted.
(13) 
Compliance with a housing inspection conducted in accordance with Section 14-4.32 of the City Code.
(14) 
There shall be a maximum of one home business per dwelling.
(15) 
Compliance with all other applicable local, state, and federal laws and regulations.
(e) 
Type 2 home business general requirements and performance criteria.
(1) 
General requirements.
a. 
The Zoning Board of Appeals shall use the Type 1 home business general requirements and performance criteria as an impact guide when evaluating a Type 2 home business special exception permit request.
b. 
The home business shall be clearly incidental and secondary to the principal residential use of the dwelling.
c. 
A home business shall be conducted solely by persons residing in the dwelling, plus not more than one nonresident employee/independent contractor or other person engaged in the conduct of the business on the premises at one time. Off-site employees are permitted.
d. 
There shall be no exterior alteration in the residential character of the premises in connection with the home business.
e. 
The home business shall not generate noise, vibrations, smoke, dust, odor, heat, or glare which is detectable beyond the property lines, except outdoor recreational lessons/instruction pursuant to the following Section 39-192(e)(2)f., 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 home 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 dwelling unit in a residential zoning district used for residential purposes.
f. 
On-site customer sales and the pick up of merchandise by clients, customers, or other business related individuals shall be limited to:
1. 
Items commonly collected or traded, and occasionally sold by hobbyists such as coins, stamps and antiques;
2. 
Artistic or craft type products produced on the premises;
3. 
Incidental supplies necessary for and consumed in the conduct of such home business;
4. 
The pickup of merchandise produced on-site by the home business.
g. 
The authorizing of such special exception will not be of substantial detriment to the surrounding neighborhood and will not materially impair the intent and purposes of this chapter or the public health, safety and welfare.
h. 
No signage is permitted.
i. 
Compliance with a housing inspection conducted in accordance with Section 14-4.32 of the City Code.
j. 
There shall be a maximum of one home business per dwelling.
k. 
Compliance with all other applicable local, state, and federal laws and regulations.
(2) 
Performance criteria.
a. 
All home business activities, including storage, shall be conducted entirely within the interior of the dwelling and/or accessory building, unless the Zoning Board of Appeals approves outdoor business and/or storage activities pursuant to the following Subsection f. Materials, supplies, and merchandise shall be stored 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.
b. 
The home business shall be limited to a maximum of 50% of the floor area of one story of the dwelling, and 50% of the floor area of a detached accessory building. The Zoning Board of Appeals may allow a greater amount of the floor area of a detached accessory building to be used for a home business if they determine such greater amount would still keep the home business incidental and secondary to the principal residential use of the dwelling.
c. 
The number of clients or customers that shall be allowed at any one time shall be determined by the Zoning Board of Appeals. No clients, customers, or other business related individuals shall be permitted on-site between the hours of 9:00 p.m. and 7:00 a.m.
d. 
The number of allowable vehicle trips per day by customers and clients to the premises shall be determined by the Zoning Board of Appeals. In addition to regular United States postal letter carrier service, the number of allowable deliveries and pickups per day of goods and materials used and/or produced in the operation of the home business shall also be determined by the Zoning Board of Appeals. Said deliveries and pickups of mail and packages shall be completed by the United States Postal Service, and by alternative private delivery services common to residential property in which the home business is located. Deliveries and pickups shall not require a vehicle larger than a step-type van.
e. 
On-site parking shall be provided in an amount as determined necessary by the Zoning Board of Appeals in accordance with Article IV of this chapter.
f. 
Permitted outdoor business, sales, and storage activities such as but not limited to recreational lessons/instruction, sales of horticultural products, and sales of arts and crafts produced on-site may be approved by the Zoning Board of Appeals with the following additional requirements:
1. 
Recreational lessons/instruction. Instruction areas shall be limited to rear and side yard areas and shall be enclosed with a fence as required by the Zoning Board of Appeals.
2. 
Sale and display of horticultural products and arts and crafts.
(a) 
Products for sale shall be limited to horticultural products of flowers, fruits or vegetables, and homemade arts and crafts.
(b) 
Sales shall be limited to one continuous three-week period each calendar year per parcel; the dates are to be specified by the Zoning Board of Appeals in its findings of fact approving the home business.
(c) 
Once initially approved by the Zoning Board of Appeals, the applicant must annually obtain review and approval by the Zoning Administrator for the second and any subsequent years. The Zoning Administrator shall approve the seasonal home business if (i) the Zoning Administrator determines that the seasonal home business will be operated under the same terms and conditions as originally approved by the Zoning Board of Appeals and (ii) no written complaints have been received by the Zoning Administrator concerning the operation of the seasonal home business during the prior year. If the Zoning Administrator determines that there are changes in the seasonal home business or received written complaints during the past year, the applicant must apply for review and approval by the Zoning Board of Appeals for continued operation of the seasonal home business.
g. 
Such other reasonable conditions and limitations as may be imposed by the Zoning Board of Appeals to protect nearby residential premises and persons.
(f) 
Prohibited home occupations and businesses. The following shall not be permitted as a home occupation or a home business:
(1) 
Any repair of motorized vehicles such as engine repair, painting, or body work to automobiles, trucks, trailers, boats, heavy equipment, and lawn/landscaping equipment.
(2) 
Parking and storage of heavy equipment.
(3) 
Any of the uses listed in Section 39-72 of this chapter.
(g) 
Home occupation and home business exemptions. The following shall not be classified as a home occupation or home business and are exempt from the provisions of this Section 39-192.
(1) 
Sale of horticultural products grown on the premises.
(2) 
Garage/yard sales that occur three or fewer times per year, and last four or fewer consecutive days per event.
[Ord. No. 1564, 6-1-2011; amended 3-7-2018 by Ord. No. 1727]
(a) 
Definitions. The following definitions shall apply to this section:
MARIHUANA
This term shall have the meaning given to it in Section 7601 of the Michigan Public Health Code, 1978 PA 368, MCLA § 333.7106, as is referred to in the Michigan Medical Marihuana Act, PA 2008, Initiated Law (the "Act"), at Section 3(e), MCLA § 333.26423(e).
MEDICAL USE OF MARIHUANA
The acquisition, cultivation, manufacture, transfer or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a person's debilitating medical condition or symptoms associated with the debilitating medical condition, as defined under the Michigan Medical Marihuana Act, PA 2008, Initiated Law, MCLA § 333.262423(h).
PRIMARY CAREGIVER
A person who qualifies as a primary caregiver as defined in MCLA § 333.26423(k).
QUALIFYING PATIENT
A person who qualifies as a qualifying patient as defined in MCLA § 333.26423(1) and (p).
(b) 
Medical use of marihuana. No property in any zone district shall be used for the medical use of marihuana except as provided in this Section 39-192.1. The Zoning Board of Appeals may not grant a variance from the requirements of this section.
(c) 
Medical use of marihuana by a qualifying patient.
(1) 
A qualifying patient may use his or her principal residence, but only for the qualifying patient's own medical use of marihuana. There shall not be more than 12 marihuana plants per qualifying patient residing in a single dwelling. There shall not be more than a total of 72 marihuana plants in a dwelling for all resident qualifying patients.
(2) 
The medical use of marihuana by qualifying patients shall comply with all of the general requirements listed in Subsections (f)(1) through (6), (9) through (12), (14) and (15).
(d) 
Medical use of marihuana by a primary caregiver. A primary caregiver may engage in the medical use of marihuana only as a medical marihuana home occupation as authorized in this Section 39-192.1. A primary caregiver may also be a qualifying patient.
(e) 
Procedure for allowing the medical use of marihuana by a primary caregiver; confidentiality of information; appeals.
(1) 
A primary caregiver that meets the criteria for a medical marihuana home occupation under Subsections (f), (g) and (h) of this section shall be allowed only if the property owner or tenant first obtains a special exception permit for the property, subject to ongoing compliance with Subsections (f), (g) and (h) of this section.
(2) 
An application for special exception to allow a medical marihuana home occupation shall be filed with the Zoning Administrator.
a. 
The application shall not require the name or address of a qualifying patient or primary caregiver. The application shall require the consent of a property owner. The application shall be on a form prescribed by the Zoning Administrator.
b. 
The Zoning Administrator shall issue a special exception permit for a medical marihuana home occupation within 15 calendar days if the Zoning Administrator determines that:
1. 
The application is complete;
2. 
The applicant complies with Subsections (f), (g) and (h) of this section; and
3. 
This review period may be extended upon mutual consent of the Zoning Administrator and the applicant.
c. 
Pursuant to MCLA § 333.26426, the name and address of a qualifying patient and primary caregiver, as such, shall not be released to the public but shall be kept confidential, except to the extent authorized or required by the Act, or to the extent required by the Michigan Freedom of Information Act or by other law. The location of a medical marihuana home occupation may be disclosed to law enforcement personnel. This section shall not be interpreted to require that the name of a tenant or property owner be kept confidential.
d. 
Appeals from the Zoning Administrator's decision shall be made to the Zoning Board of Appeals. The Zoning Board of Appeals shall affirm, overturn, or modify the original decision of the Zoning Administrator after holding a public hearing and conducting a thorough review of the record. The name of a qualified patient and the primary caregiver, as such, shall not be disclosed during the course of appeal but the appeal shall only be in the name of an aggrieved party, unless otherwise required by law.
(f) 
General conditions applicable to medical marihuana home occupations.
(1) 
A medical marihuana home occupation shall be clearly incidental and secondary to the principal residential use of the dwelling.
(2) 
The medical marihuana home occupation shall be limited to a maximum of 50% of the floor area of one story of the dwelling.
(3) 
All activities of the medical marihuana home occupation, including storage, shall be conducted entirely within the interior of the dwelling. No outside storage is permitted. Materials, supplies, and merchandise shall be stored 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.
(4) 
There shall be no exterior alteration in the residential character of the premises in connection with the medical marihuana home occupation.
(5) 
The medical marihuana home occupation shall not generate noise, vibrations, smoke, dust, odor, heat, or glare which are detectable beyond the property lines and not in other dwelling units on the same parcel of property. Furthermore, the home 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 dwelling unit in a residential zoning district used for residential purposes.
(6) 
No signage is permitted for a medical marihuana home occupation.
(7) 
There shall be a maximum of one medical marihuana home occupation per dwelling.
(8) 
There shall be not more than one primary caregiver engaged in the medical use of marihuana per dwelling. A primary caregiver shall not have more than five qualifying patients and shall only serve qualifying patients.
(9) 
There shall be no more than 12 marihuana plants kept in the dwelling for each qualifying patient assisted by the primary caregiver, and in no event shall there be more than a total of 72 marihuana plants kept in the dwelling. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed to the extent allowed under state law and shall not be included in this amount.
(10) 
No marihuana may be kept on site for persons other than qualifying patients a) who have currently designated the primary caregiver as their primary caregiver; or b) who currently reside in the dwelling.
(11) 
Marihuana shall be kept in a fully enclosed, locked room or enclosure accessible only by the primary caregiver.
(12) 
If a room with windows is utilized as a marihuana growing location, any lighting methods that exceed usual residential use between the hours of 11:00 p.m. and 6:00 a.m. shall employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that causes or creates a distraction or nuisance to adjacent residential properties.
(13) 
An owner or tenant shall arrange for, and comply with, an inspection conducted to determine compliance with this Section 39-192.1, prior to operation of a medical marihuana home occupation.
(14) 
A medical marihuana home occupation shall not have employees who do not reside in the dwelling.
(15) 
A medical marihuana home occupation shall comply with all other applicable local and state laws and regulations, including, but not limited to, building, electrical, plumbing, mechanical and maintenance codes and permit requirements under such codes and with the Act.
(g) 
Medical marihuana home occupation special requirements. All medical marihuana home occupations shall comply with the following standards:
(1) 
There shall be no visits by qualifying patients or other medical marihuana users generated by the medical marihuana home occupation (other than persons who reside in the dwelling). There shall be no on-site pickup or delivery of medical marihuana by qualifying patients, other medical marihuana users or others. There shall be no deliveries in public rights-of-way or on public property.
(2) 
The home occupation shall not require additional on-street or off-street parking.
(3) 
The delivery and pickup of goods and materials used and/or produced in the operation of the medical marihuana 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 services common to residential property in which the medical marihuana home occupation is located. Such deliveries and pickups shall not require a vehicle larger than a step-type van.
(4) 
The home occupation shall not be within 1,000 feet of the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, or a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility. The distances in this subsection shall be interpreted to be the same as under 21 U.S.C. § 860.
(h) 
Renewal of special exception, inspections. A special exception for a medical marihuana home occupation shall expire on April 30 of each year but may be renewed upon determination that the medical marihuana home occupation continues to comply with the criteria of this Section 39-192.1. The applicant for renewal under this section shall arrange for, and comply with, an inspection conducted to determine compliance with this Section 39-192.1.
(i) 
Additional inspections. A medical marihuana home occupation is subject to inspection to determine compliance with this Section 39-192.1, and state or federal law upon receipt of a complaint for violation of this section or state law relating to the use of medical marihuana by the Holland Department of Public Safety or the Holland Department of Community and Neighborhood Services.
(j) 
Enforcement. Violations of this section shall be enforced in the manner provided in Section 39-192(b)(4).
(k) 
No immunity from prosecution. Nothing in this section, nor any companion regulatory provision or other provision of the Holland City Code, is intended to grant, nor shall be construed as granting, immunity from criminal prosecution for the cultivation, sale, consumption, use, distribution or possession of marihuana which is not in strict compliance with the Act and the general rules and this subsection.
(l) 
Federal preemption.
(1) 
Since federal law is not affected by the Act, nothing in this chapter, or in any companion regulatory provision or any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law. Neither this ordinance nor the Act protects users, caregivers or owners of properties on which the medical use of marihuana is occurring from federal prosecution, or from having their property seized by federal authorities under the Federal Controlled Substances Act.[1]
[1]
Editor's Note: See 21 U.S.C. § 801 et seq.
(2) 
In the event that it is determined by judicial or other legal action that the provisions of the Act are preempted by federal law and/or invalid, all the rights granted under this section shall be deemed null and void.
(m) 
City regulations. The Department of Community and Neighborhood Services may adopt or amend rules pursuant to Section 1-7 of the Holland City Code, subject to approval by the City Council, as necessary to govern the procedures and interpretation of this Section 39-192.1.
[Ord. No. 464, § 9-1.12; Ord. No. 1188, 2-19-1997]
House trailers are not considered dwelling units or as an accessory to a permitted use; provided, however, that single house trailers may be allowed on a temporary basis in accordance with Chapter 35.
[Ord. No. 464, § 9-1.12; Ord. No. 1006, 10-17-1990; Ord. No. 1188, 2-19-1997; Ord. No. 1738]
The use, conversion, or expansion of existing residences for bed-and-breakfast accommodation, formerly known as tourist homes, may be permitted in residential zone districts, subject findings of compliance with the following standards.
(a) 
One to four guest rooms shall receive administrative approval by the zoning administrator providing the following conditions are met:
(1) 
All criteria set forth in Section 39-189 for conversion of buildings and dwellings shall apply to the conversion of a residence or structure to a bed-and-breakfast establishment, including requirements for hearing, requisite findings of fact, and attachment of reasonable conditions to any such approval.
(2) 
In addition to the foregoing, the following additional criteria shall apply:
a. 
Bed-and-breakfast establishments may be approved only for owner-occupied premises which are the principal residence of the owner operator, and shall be limited to not more than four guest rooms or 12 guests in addition to resident family members.
b. 
Approval shall be conditioned upon compliance with all licensing fees, inspections, and approvals of Chapter 26 applicable to public lodging facilities.
c. 
Full bathroom facilities shall be available at a ratio of not less than one bathroom for every two guest rooms, in addition to separate full bathroom facilities for the owner. Separate cooking facilities shall not be available to bed-and-breakfast guests.
d. 
In reaching a determination on required parking, not less than one improved space shall be provided for each guest room, in addition to not less than one space for the owner resident. Each such space shall be independently accessible to a street, or to an unobstructed driveway leading to a street. The parking required for guests may be provided on other private sites within 300 feet if such space conforms to all applicable requirements of this Code; a written agreement with the owner of such space is provided insuring its availability for the licensing period; and the terms of the agreement permit renewal for subsequent annual relicensing of the bed-and-breakfast establishment. Irrespective of the terms of the original approval, any subsequent reduction of available parking shall cause corresponding reduction in the number of guest rooms as may be necessary to assure compliance with this regulation.
e. 
A bed-and-breakfast establishment shall be permitted one freestanding identification sign not exceeding four square feet in area nor three feet in height to be located not less than 15 feet from the public right-of-way or one identification sign not exceeding six square feet in area which shall be affixed flat against the residence.
f. 
Maximum length of stay of any guest of the bed-and-breakfast shall not exceed 21 consecutive days.
(b) 
Five to eight guest rooms shall require a special exception by the Zoning Board of Appeals subject to the following conditions being met:
(1) 
All regulations set forth in Section 39-194(a)(1) and (2) above;
(2) 
The lot size shall not be less than 15,000 square feet;
(3) 
Landscaping and screening in the form of natural vegetation and/or fencing shall be provided to buffer and soften the view from neighboring residential properties between parking areas and adjacent residential uses;
(4) 
The applicant agrees that the Zoning Board of Appeals will determine the number of guests allowed.
[Ord. No. 492; Ord. No. 1188, 2-19-1997]
Private swimming pools may be constructed as accessory uses in residential districts; provided, that all such pools, together with required fencing, shall be located and constructed in accordance with the City building code, being Chapter 6 of this Code. In no case shall any such pool or its fencing protrude into the required front yard or side street side yard area.
[Ord. No. 587; Ord. No. 714; Ord. No. 1188, 2-19-1997]
Notwithstanding other provisions of this chapter, it is the intent of this division that the dividing of any property for purposes of residential development be such that any lot created by division have direct and immediate frontage on a public street, unless otherwise approved in a recorded subdivision, planned residential development or mobile home development. It is recognized, however, that owning to hills, streams or other topographical features or to utility installations or easements, certain undeveloped or partially developed properties may exist which cannot be reasonably developed or divided so as to provide all lots with direct and immediate frontage on a public street. The division of such properties so as to situate one lot behind another, in its relation to a public street, may be approved as a special exception by the Zoning Board, subject to public hearing thereon and compliance with the following criteria:
(a) 
Any rear lot shall have access to a public street as required by Section 39-16. Said lot shall comply in all respects with the lot area and width requirements of the zone district in which it is located, and shall be subject to determination by the Zoning Board as to appropriate front and rear lot lines for setback purposes, based on the particular conditions applying to the property and to surrounding area.
(b) 
Approval of any such division shall be conditioned upon the submission, by the applicant, of a plot plan drawn to scale and indicating the relationship of the proposed divisions to adjoining streets and neighboring properties. In addition to its review by the Board, such plan shall be reviewed by the planning office with respect to the Plat Act, Master Plan, street plan, utility plan or other plans or ordinances of the City applicable to the use or division of land, and shall not be in nonconformity with any of the provisions thereof.
(c) 
Any rear lot approved in such division shall be accessible to, and developed with connections to, City sewer and water services. When any such division creates lots which are not included in a utility assessment district, or in excess of the number of benefits assessed, such lots shall be subject to utility service assessment at the prevailing rate in effect at such time as the division is approved by the Board.
(d) 
Such division shall be found by the Zoning Board to be compatible and harmonious with the established character of adjoining and nearby residentially developed lands, and no such division shall be approved which would, in the opinion of the Board, have a detrimental effect on the reasonable enjoyment of adjoining properties. In making a determination of compatibility, the Zoning Board shall consider such factors as:
(1) 
The width, depth and lot area of established lots in the neighborhood in which such division is proposed.
(2) 
The proposed development of lots and dwellings in relation to other lots, whether developed or undeveloped, in the neighborhood.
(3) 
The effect of additional curb cuts and traffic resulting from the proposed division.
[Ord. No. 818; Ord. No. 1188, 2-19-1997; Ord. No. 1374, § 2, 11-19-2003; Ord. No. 1459, § 3, 8-2-2006; amended 6-3-2015 by Ord. No. 1650; 10-7-2015 by Ord. No. 1655]
The following uses or encroachments shall not be deemed inconsistent with the intent and purpose of maintaining open unoccupied residential yard spaces, and may be permitted in required residential yard areas. In no case, however, shall any residential yard area be used for any purpose or in any manner which would adversely effect a reasonable enjoyment of adjoining properties, or which would be likely to create or increase a nuisance.
(a) 
The following residential accessory uses shall be permitted:
(1) 
Open, uncovered steps, landings, patios or decks not exceeding three feet above the adjoining grade, and encroaching no further than 50% into a required yard area.
(2) 
Arbors, trellises, yard ornaments, statuary, flagpoles.
(3) 
Laundry drying lines or devices.
(4) 
Eaves or awnings projecting not more than three feet beyond the face of a wall, but in no case closer than one foot to property line.
(5) 
Plantings, shrubs, landscaping and indigenous vegetation.
(6) 
Parking of passenger vehicles in approved parking areas.
(7) 
Pole-mounted yard lights.
(8) 
Brick veneer or other new exterior wall surfacing to existing buildings.
(9) 
Signs which are permitted by Article IX of this chapter.
(10) 
Architectural features such as bay windows and chimneys not exceeding 25% of the wall length, and projecting not more than three feet from the face of a wall and encroaching no closer than three feet to any property line.
(11) 
Mailboxes in accordance with federal law.
(12) 
Fences not exceeding six feet in height in side and rear yards and three feet in height in any front yards and side yards adjoining a side street including nonrequired yards, except as may be permitted by Section 39-405(b). Fence gates shall not swing over public sidewalk.
(13) 
Sandboxes, swings, picnic tables, barbecues and similar accessory recreational equipment.
(14) 
Pad-mounted air-conditioning, heating or ventilating equipment, when located in front or rear yards or when located a minimum of two feet from any side yard lot line.
(15) 
Accessory buildings as permitted by this chapter.
(16) 
Swimming pools as permitted by Section 39-195.
(17) 
Refuse storage facilities, in accordance with Chapter 27 of this Code.
(18) 
Outdoor game courts in rear yards.
(19) 
Uses not specifically itemized, but which are similar in nature to any of the foregoing uses.
(b) 
In addition to the foregoing, fences of unrestricted height, playground equipment, shelters or pavilions, fountains, sculpture and similar installations of a scale not commonly found in residential yards shall be permitted in conjunction with permitted nonresidential uses in residential zone districts.
(c) 
Notwithstanding the foregoing, no fence, hedge, vegetation or other obstruction shall be permitted or maintained which materially impedes traffic visibility across a corner lot, or otherwise obstructs required open spaces in a manner that constitutes a hazard to the safe use of public streets and sidewalks as determined by the Police Department.
[Ord. No. 1234, 12-16-1997; Ord. No. 1282, 7-5-2000; Ord. No. 1359, 3-5-2003; Ord. No. 1415, § 6, 6-1-2005; Ord. No. 1422, § 1, 9-7-2005; Ord. No. 1461, 9-6-2006; Ord. No. 1478, § 2, 6-6-2007; Ord. No. 1486, 12-19-2008; Ord. No. 1576, 1-18-2012; amended 1-16-2013 by Ord. No. 1599; 7-10-2013 by Ord. No. 1612; 7-16-2014 by Ord. No. 1632; 6-3-2015 by Ord. No. 1650; 6-1-2016 by Ord. No. 1671]
(a) 
Preamble.
(1) 
An infill development places a newly constructed or moved dwelling into an established residential context that may reflect architectural styles, design features, use of materials, or placement of structures that are clearly indicative of a particular era, and which help define the visual character and preserve the economic stability of a given neighborhood. The neighborhoods listed in Subsection (b) are such established residential areas.
(2) 
In order to protect the public welfare in such established residential areas, to preserve and protect property values, to assure architectural compatibility within neighborhoods, to prevent visual conflict, and to promote complementary design, residential infill development as defined herein shall be subject to the procedures and standards set forth in this section.
(2.1) 
In order to encourage the development of housing units for persons with disabilities or limited mobility, the infill review shall allow reasonable deviation from the stated standards of review in Section 39-198(g) where necessary to include features that facilitate access to buildings and structures.
(3) 
This section is intended to promote quality development and eliminate conditions of gross design incompatibility that have the potential for enduring a century or more. It is not intended to stifle individuality or compel rigid conformity. Recognizing that great diversity of style, often between homes side by side, is one of Holland's central neighborhood strengths, this article is created and adopted with the intention that the acceptable level of compliance with these standards will be the minimum necessary to assure compatibility. This section's enforcement is premised upon achieving compatibility, not conformity.
(4) 
In the Central Park Neighborhood area, the combination of small lot sizes, the distinctive cottage character, the narrow streets and rights-of-way and the compact geography of the neighborhood create a residential neighborhood that is relatively fragile in nature. Existing nonresidential structures are imbedded within and immediately adjacent to the residential properties which may tend to amplify the nonresidential characteristics of noise, vehicle traffic and parking, and lighting needs on the surrounding cottage residential properties. Therefore, there is a heightened concern regarding the compatibility of existing and future nonresidential structures on the character of this historic residential neighborhood.
(b) 
Applicability. It is the intent of this section to regulate the placement, presentation and character of new dwellings, accessory buildings and the enclosure of existing open front porches built in residential areas of established, discernible, and relatively homogeneous character; to regulate the moving of any building into such an area; and in the area of Subsection (b)(2) below to regulate the placement, presentation and character of any new nonresidential building, and additions to existing nonresidential buildings. For purposes of this section, the procedures and standards herein shall apply to new or relocated residential structures; new or relocated accessory buildings; new nonresidential buildings or additions to existing nonresidential buildings; existing buildings where it is proposed to lift the first floor elevation above the height of the existing first floor elevation; and the enclosure of existing open front porches proposed on the following lots:
(1) 
Any lot within a residential zone which is situated in the Central Neighborhood District, as defined in Section 39-2, with the exception of any lot located in one of the City's historic districts that would otherwise require a certificate of appropriateness;
(2) 
Any residential or nonresidential lot located within the Central Park Neighborhood area bounded by East End Drive, West End Drive, South Shore Drive and Lake Macatawa, together with those properties with frontage on the west side of West End Drive;
(3) 
Any lot within a residential zone district throughout the City onto which a dwelling is proposed to be moved from another location;
(4) 
Any lot within a C-1 Neighborhood Commercial Zone District which is proposed to be used for the construction or placement of a new or relocated residential structure;
(5) 
Where 50% or more of the exterior shell of a residential structure on a lot specified above is to be demolished and reconstructed or substantially altered in a manner different than the existing (or previously existing structure, if damaged by fire, storm or other condition) residential structure, the reconstruction or alteration shall be subject to review under this section;
(6) 
Any new accessory building or addition to an existing principal building located on a corner lot in the R-TRN Traditional Residential Neighborhood District; and
(7) 
Any new or addition to an accessory dwelling unit.
(c) 
Restrictive covenants. It is not intended that review under this section in any way abrogate or supersede the valid application of restrictive covenants that may be in effect at the time of adoption of this section. To the extent that an applicant demonstrates that the requirements of this section are inconsistent with or made impractical due to those restrictive covenants, the applicant shall not be required to comply with conflicting standards of this section but must comply with the restrictive covenants.
(d) 
Required filings. Any person intending to either construct, reconstruct or move a dwelling or accessory structure on or onto a lot, enclose an existing open front porch, or construct a new nonresidential building, make additions to an existing nonresidential building, or an accessory dwelling unit regulated by this section shall file with the Department of Community and Neighborhood Services an application accompanied by an accurately dimensioned site plan showing the placement of all structures, and detailed scaled elevation sketches or photographs of the front and side elevations of all proposed structures. The applicant may be required to furnish such additional information or supporting detail as may be reasonably necessary to assure compliance with the standards herein. Upon receipt of an application for infill approval, the following procedures are required:
(1) 
For proposed new or relocated buildings of 256 square feet or less, other than an accessory dwelling unit, where no horizontal exterior dimension of the building exceeds 16 feet, there shall be no review required under this section of the chapter.
(2) 
For other requests, notice of the application shall be provided in accordance with Section 39-4.1 and MCLA § 125.3503.
(e) 
Procedures.
(1) 
The Department of Community and Neighborhood Services shall review and approve, approve with conditions or deny an application for infill unless it receives a request for Planning Commission review. A request for Planning Commission review shall be filed with the City Clerk with a copy to the Department of Community and Neighborhood Services.
(2) 
The Department shall make a decision on the application for infill within 21 days, but not sooner than 15 days, after notice is given. This time may be extended upon mutual agreement of the applicant and the City. In the absence of a decision within the specified time period, as may be extended, an application shall be denied without prejudice.
(3) 
At the initiative of the Department of Community and Neighborhood Services or upon the request of the Planning Commission, applicant, a real property owner whose real property is assessed within 300 feet of the property, or the occupant of a structure located within 300 feet of the property, a public hearing shall be held by the Planning Commission.
(f) 
Appeal. Any person aggrieved by the determination of an application for infill by the Department may appeal the decision within 10 days, in writing, to the Planning Commission. An appeal shall be filed with the City Clerk with a copy to the Department of Community and Neighborhood Services. An appeal shall stay all further proceedings and shall be heard by the Commission at its next regularly scheduled meeting, at which time the Commission shall sustain or modify the determination of the Department. Any appeal of a determination by the Commission may be taken to a court of competent jurisdiction.
(g) 
Standards. Since each infill development is unique to its immediate context, it is essential that standards be applied with due consideration to the placement, height, scale, proportion, direction emphasis, design details, texture, and materials of new or moved dwellings; new or moved accessory buildings; new nonresidential buildings, additions to nonresidential buildings; and the enclosure of existing open front porches or an accessory dwelling unit in a manner compatible with established dwellings in the immediate vicinity of the proposed development.
(1) 
Placement. No new or moved building shall be located any closer or any farther away from a street property line than the building situated on either side thereof. Building separation shall be consistent with the general character of the neighborhood which, unless otherwise defined, shall be deemed to be the prevailing character of buildings within 300 feet in either direction along street frontages, irrespective of intervening streets. Unless otherwise characteristic of a neighborhood, dwellings shall be oriented with the front facade and primary entrance facing a street. Garages and accessory dwelling units shall be located consistent with the character of garage location in the neighborhood, and any lot located on an alley and situated between dwellings that have vehicular access only to said alley shall be developed with driveway access to the alley only. A review and approval of building placement under this section shall be consistent with other setback regulations and exceptions of this chapter and other building code, fire or safety code, or other setback regulation established outside of this chapter.
(2) 
Height, scale and proportion. The height of any new or moved building or open front porch enclosure shall be consistent with the character of the neighborhood. Finished floor elevations, height of exposed basement walls, and front yard grade elevations shall be similar to those of adjacent dwellings. Overall height, width, scale and general proportions shall be similar to or consistent with the character of the neighborhood. When lifting the first floor elevation of an existing building or when determining the height of the first floor elevation of a new or expanded or altered building, the height shall be no higher than the average height of the first floor elevations of the residential buildings on each side of the subject property. The height of the first floor elevation shall be measured as the height above the public sidewalk elevation directly in front of the residential structure.
(3) 
Form, massing and directional emphasis. Where a neighborhood character clearly includes either a horizontal or vertical emphasis, and a discernible consistent building form and mass, any new or moved building or open front porch enclosure shall conform to the established character. Roof style and pitch shall be architecturally consistent with the proposed or moved building and with the prevailing neighborhood character.
(4) 
Facade, materials and detail. Where neighborhood character includes discernible patterns of detail including, but not limited to, door and window trim, corner boards, cornice details, railings and shutters, any new or moved building and open front porch enclosure shall be compatible with such character. Where prevailing neighborhood character includes open or enclosed front porches, any new or moved house shall include a similar porch; however, this shall not be construed to mean that the enclosure of an open front porch will not be allowed when the prevailing character of the neighborhood includes open front porches. The materials and relative proportions of doors and windows shall be compatible with neighborhood character. Siding width shall conform to neighborhood character. Exposed wood on any new or moved building shall be painted or stained in a manner generally compatible with other buildings on the property and with neighborhood character.
(5) 
Rear and side yard paving. The amount of paved areas for vehicle access and parking located in rear and side yard areas shall be generally consistent with that of adjoining properties and neighboring properties on the same block. Plans to provide paved areas for vehicles that are determined to be greater in area than the paved areas generally consistent with that of adjoining properties and neighboring properties on the same block may be permitted:
a. 
In one side yard only covering an area up to 75% of the side yard area or at a minimum paved area width of 10 feet, if landscaping and screening in the form of natural vegetation and/or fencing are provided to buffer and soften the view from neighborhood properties to side yard paving which exceeds a ten-foot-wide paved area in the side yard; and
b. 
On up to 50% of the rear yard if landscaping and screening in the form of natural vegetation and/or fencing are provided to buffer and soften the view of the side and rear yard paved surfaces from neighborhood properties.
(h) 
Interpretation. This section of the Code may be interpreted and augmented from time to time by the adoption of rules and regulations in the manner provided by Section 1-7 of this Code.
[Added 1-16-2013 by Ord. No. 1600]
(a) 
Intent. The intent of this section is to protect the existing residential cottage character of the Central Park Neighborhood area from residential and nonresidential development that is deemed to be detrimental in character to the existing neighborhood. The Central Park Neighborhood area is that area bounded by East End Drive, West End Drive, South Shore Drive and Lake Macatawa, together with those properties with frontage on the west side of West End Drive.
(b) 
Findings and purpose.
(1) 
The combination of small lot sizes, the distinctive cottage character, the narrow streets and rights-of-way and the compact geography of the neighborhood create an historic residential neighborhood that is relatively fragile in nature. New residential and nonresidential structures as well as additions to the same if not done in a careful manner that respects and does not diminish the character of adjoining properties and the entire neighborhood should be discouraged.
(2) 
Because the scale and size of development projects many times have a direct correlation to the establishment of negative impacts on adjoining properties, if not done carefully, this section establishes a special exception procedure requiring review of all new proposed residential and nonresidential structures that are greater than 2,500 square feet in size, excluding basements, and all proposed additions to existing residential and nonresidential structures that will create a structure that is greater than 2,500 square feet in size, excluding basements.
(c) 
Special exception required; procedures and review standards.
(1) 
The construction and expansion of residential and nonresidential structures in the Central Park Neighborhood area is allowed only if approved by the Zoning Board of Appeals as a special exception. The following structures are exempt from this section:
a. 
New structures that are less than 2,500 square feet;
b. 
Notwithstanding Subsection (c)(1)(a) of this section, a new structure greater than 256 square feet but less than 2,500 square feet shall require a special exception and not be exempt if there are additional structures on lot or contiguous lots under common ownership or control that, with the new structure, total more than 2,500 square feet.
c. 
Expansions that result in a structure that is less than 2,500 square feet;
d. 
Structures that are subject to site plan review under Article II of this Chapter 39;
(2) 
In addition to supplying the information required by the Zoning Board of Appeals general application, the applicant shall submit photos, drawings and elevation plans that specifically describe and delineate the new or expanded structure and all related improvements.
(3) 
Nonresidential building and site review standards.
a. 
A special exception for a nonresidential structure shall be granted only if the Zoning Board of Appeals determines that:
1. 
The applicant has established that the proposed structure or expanded structure (including any seasonal, temporary or accessory structures), and uses associated with such structures, will not adversely affect adjacent and adjoining properties with respect to the emission and transmission of noise, smoke, dust, dirt, litter, odor, vibration, light glare, traffic congestion, ease of routine and emergency services, drainage, erosion, light and ventilation, surface and groundwater quality, overcrowding of persons, sanitation, property values, general appearance and character, and other similar considerations.
2. 
The project will comply with the site design, landscaping, setback, buffering and lighting of off-street parking area requirements described in Sections 39-53, 39-54 and 39-54.1(a).
3. 
The City Engineer has approved drainage plans for the proposed structure or expansion.
4. 
The project has been approved under the infill review process pursuant to Section 39-198.
5. 
The applicant has provided sufficient off-street parking for the proposed uses of the property.
b. 
The Zoning Board of Appeals may approve the special exception subject to such additional conditions or restrictions as it deems necessary to assure compatibility with adjoining or nearby residential property, or to protect the health, safety, and general welfare of the neighborhood and community, including, but not limited to, the maximum number of vehicles allowed on-site.
(4) 
Residential building and site review standards: A special exception for a residential structure shall be granted only if the Zoning Board of Appeals determines that:
a. 
The project has been approved under the infill review process pursuant to Section 39-198.
b. 
The applicant establishes that the project will not adversely affect the adjoining properties and surrounding neighborhood.
c. 
The Zoning Board of Appeals may approve the special exception subject to such additional conditions or restrictions as it deems necessary to assure compatibility with adjoining or nearby residential property, or to protect the health, safety, and general welfare of the neighborhood and community.
[1]
Editor's Note: Former Section 39-199, a moratorium on housing demolition, construction and conversion, adopted 7-20-2011 by Ord. No. 1568, and amended 12-21-2011 by Ord. No. 1575, was repealed 1-18-2012 by Ord. No. 1578.
[Added 4-18-2018 by Ord. No. 1735]
(a) 
This pilot program is established to:
(1) 
Study the proper regulation of nonowner-occupied short-term rentals in residential zone districts;
(2) 
Determine what impact these short-term rental units have on neighborhoods; and
(3) 
Assess how these short-term rentals contribute to the local economy.
(b) 
Nonowner-occupied short-term rentals shall be allowed in R-TRN, R-1, and R-2 Zone Districts during the two-year pilot program with the following regulations:
(1) 
There shall be a maximum of 25 short-term rental units total within the R-TRN, R-1, and R-2 zone districts.
(2) 
There shall be a 500-foot separation distance between each nonowner-occupied short-term rental unit within the R-TRN, R-1, and R-2 zone districts.
(3) 
Compliance with the regulations of Chapter 14, Housing, shall be met, inclusive of Division 12 that specifies pilot program regulations.
(4) 
If the pilot program is not renewed or incorporated into the ordinance, the short-term rental shall not continue.