City of Holland, MI
Ottawa County
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Table of Contents
Table of Contents
[Ord. No. 464, § 9-1.21; Ord. No. 1188, 2-19-1997; Ord. No. 1461, 9-6-2006; Ord. No. 1555, 12-1-2010]
The Zoning Board of Appeals, consisting of six members, heretofore established by Ordinance No. 358 of the City, as amended by Ordinance No. 454, pursuant to the provisions of Act No. 110 of the Public Acts of 2006, is hereby continued. The members of such Zoning Board of Appeals shall be appointed by the City Council. The City Council may appoint alternate members to the Zoning Board of Appeals. The members selected by the City Council shall be representative of the population distribution and of the various interests represented in the City. One of the regular members of the City Planning Commission may be a member of the Zoning Board of Appeals. One regular member of the Zoning Board of Appeals may be a member of the City Council, but shall not serve as chairperson of the Zoning Board of Appeals.
The City Council may appoint not more than two alternate members for the same term as regular members to the Zoning Board of Appeals. An alternate member may be called as specified to serve as a member of the Zoning Board of Appeals in the absence of a regular member if the regular member will be unable to attend one or more meetings. An alternate member may also be called to serve as a member for purposes of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member appointed shall serve in the case until a final decision is made. The alternate member has the same voting rights as a regular member of the Zoning Board of Appeals.
Existing and future terms of office shall terminate on June 30 of each respective year of expiration. Each term of office shall be for a period of three years commencing with July 1 of the year of appointment, except for appointments to fill vacancies which shall be for the remainder of the unexpired term.
[Ord. No. 464, § 9-1.21; Ord. No. 1188, 2-19-1997; Ord. No. 1461, 9-6-2006; amended 10-7-2015 by Ord. No. 1657]
At its first meeting in July of each year, the Zoning Board of Appeals shall elect from its membership a chairperson (except the chairperson shall not be a member of the City Council), a vice-chairperson, and such other officers as it may deem necessary. The Clerk of the Zoning Board of Appeals shall be designated by Council, subject to the requirements of the Holland City Charter.
[Ord. No. 464, § 9-1.21; Ord. No. 1188, 2-19-1997; Ord. No. 1461, 9-6-2006]
The Zoning Board of Appeals shall adopt appropriate rules and regulations which shall include and supplement the following rules of procedure:
(a) 
Copies of regulations to be made available. Copies of such regulations shall be made available to the public at the office of the City Clerk.
(b) 
Meetings. Meetings of the Zoning Board of Appeals shall be held once each month and at such additional times as Zoning Board of Appeals may determine. The time of regular meetings shall be specified in the rules and regulations. There shall be a fixed place of meeting and all hearings shall be open to the public.
(c) 
Quorum; to act by resolution; concurring vote required to reverse, etc. The presence of four members shall constitute a quorum. In the absence of a quorum at any regular or special meeting, a majority vote of members present shall be sufficient to adjourn such meeting to a later date. The Zoning Board of Appeals shall act by resolution. The concurring vote of four members of Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Building Official, or to decide in favor of the applicant on any matter upon which it is required to pass by this chapter, or to grant variances from the requirements of this chapter.
(d) 
Minutes and records. The Zoning Board of Appeals shall keep minutes of its proceedings showing the action of the Zoning Board of Appeals and the vote of each member upon each question, or if absent or failing to vote indicating such fact, and in the case of a failure to vote the reasons therefore, and shall keep records of its examinations and other official action, all of which shall be filed promptly in the office of the City Clerk and shall be a public record.
(e) 
Assistance from City departments. The Zoning Board of Appeals may call on any City department for assistance in the performance of its duties and it shall be the duty of such departments to render such assistance to Zoning Board of Appeals as may reasonably be required.
[Ord. No. 464, § 9-1.21; Ord. No. 1188, 2-19-1997; Ord. No. 1461, 9-6-2006]
The Zoning Board of Appeals, in conformity with the provisions of this chapter and of Act No. 110 of the Public Acts of 2006, as amended, shall have the jurisdiction and power to decide questions that arise in the administration of the zoning ordinance, including the interpretation of the Zoning Map. The Zoning Board of Appeals shall also hear and decide on matters referred to the Zoning Board of Appeals, or upon which the Zoning Board of Appeals is required to pass under a zoning ordinance adopted under Act 110 of the Public Acts of 2006. It shall herein decide appeals from and review any administrative order, requirement, decision, or determination made by an administrative officer or body charged with enforcement of the zoning ordinance.
[Ord. No. 464, § 9-1.21; Ord. No. 1188, 2-19-1997; Ord. No. 1461, 9-6-2006]
The Zoning Board of Appeals, after public hearing shall have the power to decide and grant use and non-use or dimensional variances. Non-use or dimensional variances shall be only granted relating to the construction, structural changes, or alteration of buildings or structures related to dimensional requirements of the zoning ordinance or to any other non-use related standards in the ordinance if an applicant shows that there are practical difficulties in the way of carrying out the strict letter of the zoning ordinance. The standards for non-use variance are delineated as follows:
(a) 
For dimensional and non-use variances: A dimensional variance or non-use variance may be granted by the Zoning Board of Appeals only when the applicant demonstrates, in the official record of the public hearing, that practical difficulty exists by showing all of the following:
(1) 
That the need for the requested variance is due to unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, shape, water, or topography and is not due to the applicant's personal or economic difficulty.
(2) 
That the need for the requested variance is not the result of actions of the property owner or previous property owners (self-created).
(3) 
That strict compliance with regulations governing area, setback, frontage, height, bulk, density, or other dimensional requirements will unreasonably prevent the property owner from using the property for a permitted purpose, or will render conformity with those regulations unnecessarily burdensome.
(4) 
That the requested variance is the minimum variance necessary to do substantial justice to the applicant as well as to other property owners in the district.
(5) 
That the requested variance will not cause an adverse impact on surrounding property, property values, or the use and enjoyment of property in the neighborhood or zoning district.
Use variances or variances from uses of land may be granted if an applicant shows unnecessary hardship in the way of carrying out the strict letter of the zoning ordinance. The standards for granting use variances are delineated as follows:
(b) 
For use variances: a use variance may be granted by the Zoning Board of Appeals only in cases where the applicant demonstrates in the official record of the public hearing that undue hardship exists by showing all of the following:
(1) 
The building, structure, or land cannot be reasonably used for any of the uses permitted by right or by special use permit in the zoning district in which it is located.
(2) 
That the need for the requested variance is due to unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, shape, water, or topography and is not due to the applicant's personal or economic hardship.
(3) 
That the proposed use will not alter the essential character of the neighborhood.
(4) 
That the need for the requested variance is not the result of actions of the property owner or previous property owner (self-created).
If the demand for appeal is for a variance, the Zoning Board of Appeals shall either grant, grant with conditions, or deny the application. The Appeals Board may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination and may issue or direct the issuance of a permit. The decision of the Zoning Board of Appeals shall be in writing and reflect the reasons for the decision. At a minimum, the record of the decision of the Zoning Board of Appeals shall include formal determination of the facts and the conclusions derived from the facts (reasons for the decision); and the decision. Any person aggrieved by such decision shall have the right to appeal to circuit court within 30 days of the certified decision of the Zoning Board of Appeals, as provided by law.
[Ord. No. 464, § 9-1.21; Ord. No. 669; Ord. No. 1188, 2-19-1997; Ord. No. 1374, § 1, 11-19-2003; Ord. No. 1422, 9-7-2005; Ord. No. 1461, 9-6-2006; Ord. No. 1510, 7-16-2008]
The Zoning Board of Appeals, after public hearing, shall have the power to grant the special exceptions heretofore authorized by this chapter and, in addition, may authorize the following:
(a) 
The vertical extension of a building existing at the time of enactment of this chapter to such height as the original drawings of such building indicated, where such building was actually designed and constructed to carry the additional stories necessary for such height limit;
(b) 
Permit the erection or structural alteration in a district where such use is permitted of a grain elevator, gas holder or other industrial structure to a height over the limit specified for such district;
(c) 
Permit additions or enlargements along or within existing setback lines of existing buildings, conforming in use, in the side or rear yards only, where such encroachment is in character with the existing neighborhood and will not be detrimental to adjoining properties or to the neighborhood, and provided further that such construction shall fully comply with the building code of the City.
(d) 
Permit reductions in fence setbacks for corner residential lots where the rear yard of a property adjoins the rear yard of another property. The Board may permit the reduction in setback requirements for fences up to six feet in height in a rear yard or side yard on a side street to no less than five feet when the following findings are made: Adequate sight distance and safety can be maintained with respect to pedestrian and street traffic; and no substantial detriment to neighboring properties would be created thereby.
[1]
Editor's Note: Former Secs. 39-405.1, Special exceptions to approve owner-occupied short-term rentals, added 8-3-2016 by Ord. No. 1674, and 39-405.2, Special exceptions to approve non-owner-occupied short-term rentals in the C1, C-2, C-3, PRD, and PUD Zone Districts, added 10-18-2017 by Ord. No. 1697, were repealed by Ord. No. 1732.]
[Ord. No. 1185, 9-6-1996; Ord. No. 1188, 2-19-1997; Ord. No. 1461, 9-6-2006]
(a) 
The conversion of an existing building to allow for two or more roomers or boarders or fraternities and sororities, and the accommodation of the same within an existing building shall be permitted only as a special exception, when approved by the Zoning Board of Appeals, following notification of property owners in accordance with Section 39-408, and upon the finding of compliance with the following criteria and standards:
(1) 
An applicant seeking permission for a special exception shall submit a dimensioned site plan delineating areas designated for improved or unimproved off-street parking, and a dimensioned building floor plan clearly delineating areas to be accessible by the roomer(s) or boarder(s) or student(s) and physical changes which will be made to the building in order to accommodate the roomer(s) or boarder(s) or student(s). An applicant proposing exterior alterations or additions to the building or dwelling shall submit drawings or renderings describing and delineating the proposed improvements. Approval by the Zoning Board of Appeals shall be conditioned upon strict compliance with an approved plan covering parking and building alterations.
(2) 
The Zoning Board of Appeals may permit the special exception if all of the following are satisfied:
a. 
The property conforms 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. The property shall be inspected prior to the approval of the special exception and shall be inspected thereafter as required by the Housing Property Maintenance Code of the City.
b. 
The floor area of the dwelling, exclusive of basement or attic space, is at least 200 square feet per roomer, boarder or student. Individual sleeping rooms shall have interior access to common areas including living and kitchen areas.
c. 
For two or more roomers, boarders, or students, in addition to the minimum lot area otherwise required for the use in the specific zone, a lot area of at least 2,000 square feet is provided for each roomer, boarder or student.
d. 
Utilities shall not be separately metered for each sleeping room.
e. 
For existing residential structures, no structural or substantial physical changes shall be made which prevent reasonable conversion of the property to single-family or multifamily use as otherwise permitted within this zone.
f. 
No special exception shall be allowed which involves exterior alterations or additions which are not architecturally harmonious and compatible with the structure which will accommodate the roomer(s) and boarder(s) or student(s), or with other residential structures in the general vicinity.
g. 
The Zoning Board of Appeals shall determine that the proposed special exception is compatible with the uses of the adjacent and adjoining property; because of the increased use, density, and proposed off-street parking layout; that the proposed special exception will not encourage such special exception uses in the zone district to the detriment of existing and established uses; and such other considerations deemed relevant by the Zoning Board of Appeals based upon the proposed special exception and the existing and established uses in order to protect the health, safety, and welfare of surrounding properties.
(3) 
In the event the Zoning Board of Appeals grants the special exception, the Zoning Board of Appeals shall determine the amount, placement, and specification of paving as a condition to the grant of the special exception, considering the increased use, density, and safety of vehicular traffic movements on the subject property pursuant to the requirements of Section 39-27. No parking shall be permitted within a front yard nor side yard on a side street. A minimum of 50% of the remaining side and rear yards shall remain as green space. No parking shall occur within two feet of the property lines unless approved by the Zoning Board of Appeals. The access drive for the special exception use shall not be a joint or shared driveway with an adjacent property.
(4) 
The Zoning Board of Appeals may approve the special exception subject to 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.
(5) 
In the event the Zoning Board of Appeals grants the approval of the special exception, the findings of the Zoning Board of Appeals shall be recorded for the property with the register of deeds of Ottawa County or Allegan County. A special exception shall not be deemed effective until the applicant has recorded these findings and presented evidence of the recording to the City Zoning Administrator. No expansion or addition to the special exception shall be permitted without prior approval of the Zoning Board of Appeals. Any fees incurred for compliance with this section shall be paid by the applicant.
(b) 
The accommodation within an existing building of one roomer or boarder shall be permitted only as a special exception, approved by the Zoning Administrator or his/her designee, upon the finding of compliance with the criteria and standards described in Subsections (a)(1), (a)(2)a.—f., (a)(3), and (a)(4) above. For a single roomer or boarder, the Zoning Administrator may waive specific submission requirements where it is determined that such information is unnecessary to reach a determination. The Zoning Administrator may require an applicant applying for a single roomer or boarder to apply to the Zoning Board of Appeals for determination of compliance.
[Ord. No. 464, § 9-1.21; Ord. No. 1188, 2-19-1997; Ord. No. 1461, 9-6-2006]
In authorizing a variance or exception, the Zoning Board of Appeals may, in addition to the specific conditions of approval called for in this chapter, attach thereto such other conditions regarding the location, character, landscaping or treatment reasonably necessary for the furtherance of the intent and spirit of this chapter and the protection of the public health, safety and welfare.
[Ord. No. 464, § 9-1.21; Ord. No. 872; Ord. No. 940, 3-16-1988; Ord. No. 1188, 2-19-1997; Ord. No. 1461, 9-6-2006]
The following procedure shall be required:
(a) 
An application for a zoning appeal shall be filed with the City Clerk of the City. Appeals can be filed by a person aggrieved or any officer, department, board, or bureau of the State of Michigan, or of the City.
(b) 
Upon receipt of an application for appeal, the City Clerk shall refer the application for appeal to the Zoning Administrator and the Zoning Administrator shall review the application for appeal to ensure it is complete and the required fee is paid. If the application is not complete, the Zoning Administrator will return the application to the applicant with a letter that specifies the additional material required. If the application is complete, the Zoning Administrator shall schedule the demand for a public hearing before the Zoning Board of Appeals. The appeal stays all proceedings in furtherance of the action appealed, unless the body or officer from whom the appeal is taken certifies to the Zoning Board of Appeals that by reason of facts stated in the certificate, a stay would, in the opinion of the body or officer, cause eminent peril of life or property, in which case proceedings may be stayed by restraining order issued by the Zoning Board of Appeals or a circuit court.
(c) 
The notices of appeal of an administrative decision or a written request seeking an interpretation of the zoning ordinance stating the time, date, and place of the public hearing, shall be published in a newspaper of general circulation within the City, and shall be sent to the person requesting the interpretation not less than 15 days before the public hearing. In addition, if the request for an interpretation or appeal of an administrative decision involves a specific parcel, written notice stating the nature of the interpretation request, and the time, date, and place of the public hearing on the interpretation request shall be sent by first class mail or personal delivery to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet of the boundary of the property in question. If a tenant's name is not known, the term "occupant" may be used.
(d) 
If the written request of the Zoning Board of Appeals is for a variance, the Zoning Board of Appeals shall fix a reasonable time for the hearing of the request. In addition, the notice of public hearing stating the time, date, and place of the public hearing shall be published in a newspaper of general circulation in the City. Notice shall also be sent by mail or personal delivery to the owners of property for which approval is being considered. Notice shall be sent to all persons to whom real property is assessed within 300 feet of the property and the occupants of all structures within 300 feet of the property regardless of whether the property or occupant is located in the zoning jurisdiction. The notice shall be given not less than 15 days before the public hearing. If the name of the occupant is not known, the term "occupant" may be used in making notification under this subsection.
(e) 
The notice shall do all of the following:
(1) 
Describe the nature of the request.
(2) 
Indicate the property that is subject to the request. The notice shall include a listing of all existing street addresses within the property. The street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.
(3) 
State when and where the request will be considered.
(4) 
Indicate when and where written comments will be received concerning the request.
(5) 
Any party may appear at such hearings in person or by agent or attorney.
(f) 
Upon the day of the hearing of any application or appeal, the Zoning Board of Appeals may adjourn the hearing in order to permit the obtaining of additional information, or to cause such further notice as it deems property to be served upon such other property owners as it decides may be interested in such application or appeal. In the case of an adjourned hearing, persons previously notified shall not be notified of the time of the resumption of such hearing unless the Board so decides.
[Ord. No. 464, § 9-1.2; Ord. No. 1188, 2-19-1997]
An appeal under this article stays all proceedings in furtherance of the action appealed from unless the Building Official certifies to the Zoning Board, after notice of appeal shall have been filed with him, that by reason of fact stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Board or by the circuit court on application, after notice to the Building Official and on due cause shown.
[Ord. No. 464, § 9-1.21; Ord. No. 872; Ord. No. 1188, 2-19-1997]
The Zoning Board shall decide all applications and appeals within 30 days after the final hearing thereon. A copy of the Board's decision shall be transmitted to the applicant or appellant and to the Building Official. Such decision shall be binding upon the Building Official and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant whenever a permit is authorized by the Zoning Board. A decision of Zoning Board shall become final on the date the decision is made.