City of Holland, MI Article 39-14 Definitions

1 1 Toolbox2 2 Zone Districts3 3 Form Based Code4 4 Add'l Use Standards5 5 Site Design Review Standards6 6 Landscaping/ Green Inf.7 7 Lighting8 8 Signage9 9 General Standards10 10 Streets/ Sidewalks/ Driveways11 11 Subdivision of Land12 12 Processes/ Admin.13 13 Non-conformities14 14 Definitions

Sec. 39-14.01 Terms defined.

[7-21-2021 by Ord. No. 1796]

A. Note: Commonly used and technical terms that are italicized in UDO are defined in this article. In the event that a word or phrase is not defined in this article, the City shall use the definition as stated in the most recent edition of Webster's New World Dictionary.

B. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSIBLE

Public spaces, buildings, and facilities that accommodate people with special needs or disabilities.

ACCESSORY BUILDING OR STRUCTURE

A subordinate building or structure on the same property as a principal building, such as a shed, garage, or carport.

ACCESSORY DWELLING UNIT

An accessory dwelling unit (ADU) is a detached dwelling unit that is permitted only on properties with a single detached principal dwelling unit. ADUs are a lesser size than the principal dwelling unit and include a kitchen, a sleeping area, and full bathroom facilities.

[Amended 11-2-2022 by Ord. No. 1830]

ACCESSORY USE

A use naturally and normally incidental to, subordinate to, and devoted exclusively to the principal use on the same property.

ADAPTIVE REUSE

Conversion of a building into a use other than what it was designed for, such as changing a warehouse into gallery space or housing.

ADULT FOSTER CARE FACILITY

A dwelling or establishment that provides supervision, assistance, protection, or personal care and room and board to an adult. These facilities are typically licensed by the state. This does not include a licensed home for the aged, nursing home, or a mental hospital.

[Amended 8-3-2022 by Ord. No. 1827]

AIR EASEMENT

The ownership or control of airspace development rights over property, such as a building or balconies projecting over public right-of-way areas, such as streets.

ALLEY

A public or private right-of-way that provides access from a street to the rear or side yards of properties. Alleys are usually located at mid-block locations between two street and provide access to garages and yard areas. An alley is not considered a street.

AMENITY

Design features that are valued by the users of a building or public space, such as open space, clubhouses, landscaping, outdoor seating, and public art.

AMERICANS WITH DISABILITIES ACT OF 1990 (ADA)

The federal law that requires public buildings and facilities, including transportation facilities and private property that is open to the public, to be accessible to persons with disabilities.

APPLICANT

The person or entity requesting an approval under UDO. The owner of a property that is subject to an application for approval under UDO shall always be considered the applicant, although they may designate a representative to complete the application and communicate with the approving authority on their behalf.

APPROVING AUTHORITY

The person, agency, committee, or entity responsible for reviewing and making a determination on an application under UDO.

AVERAGE DAILY TRAFFIC (ADT)

The average number of vehicles passing a fixed point in a twenty-four-hour period; a conventional measurement of traffic volume.

AWNING

A rooflike shelter of canvas or other material extending over a doorway that is meant to provide protection from precipitation and the sun.

BALCONY

An open-air outdoor portion of an upper floor that typically projects from a building wall, but may also be recessed with the building mass.

BASEMENT

The portion of a building that is partly or wholly below finished grade. A basement shall not be counted as a floor or story.

BAY or BAY WINDOW

An interior portion of a building that extends beyond the building's exterior wall and is not supported from below by vertical columns or piers.

BED-AND-BREAKFAST

An owner-occupied single detached dwelling unit licensed to provide overnight sleeping accommodations and to serve breakfast to paying guests.

BIKE LOCKING CAPACITY

The total number of bicycles that can be locked to the bike locking facilities provided on a site, per the manufacturer's specifications.

BIKE LOCKING FACILITY

A sturdy, secured object designed for the locking and securing of bicycles.

BOARD OF APPEALS

The Board authorized by Section 601 of the Zoning Enabling Act[1] (or the equivalent section of a successor statute) to hear and approve variances, appeals, and interpretations, as described in Article 39-12 and in the Zoning Act. As authorized by the Zoning Act, the Board of Appeals may also be designated to perform other duties, such as the approval of special exceptions.

BOARDINGHOUSE

A dwelling with one kitchen where individual rooms are rented out for more than 30 days per occupant and the occupants of the dwelling do not live as a single family.

BUILDING

A structure with a roof, either temporary or permanent, that is used (or built) for the shelter or enclosure of persons, possessions, or property.

BUILDING FOOTPRINT

The placement, shape, and size of the ground floor of a structure on a property.

BUILDING HEIGHT, MEASURED

The vertical distance measured from grade to the highest point of the roof deck for flat roofs, to the deck line of mansard roofs, and to the average height between the eave and peak for gable, hip, and gamble roofs.

CARE FACILITIES

A private or public facility where people live on-site to receive care, treatment, supervision, or rehabilitation for physical, mental, social-emotional, social-economic or similar conditions. Examples include nursing home, home for the aged, convalescent home, rehab clinic.

[Added 8-3-2022 by Ord. No. 1827]

CEMETERY

Land used for the burial of the dead, including columbariums and mausoleums.

CITY COUNCIL

The elected legislative body of the City of Holland. The City Council is the approving authority for rezonings, text amendments, and additional applications.

CLEAR VISION CORNER

The area at the intersection of two streets within a required setback, measured 20 feet on each street along the property line where there shall be no fence or planting over three feet in height to enable an unobstructed view of approaching traffic.

CLUSTER DEVELOPMENT

A planned unit development design that concentrates buildings in specific areas on a site to allow the remaining property to be used for recreation, common open space, and preservation of environmental resources. Units are grouped on smaller parcels than zoning would otherwise permit, but the overall allowable density for the larger site is maintained.

COMMERCIAL

The use of property, or space within a building, for retail sales, office work, service provision, or similar businesses where goods or services are sold or provided directly to the consumer. As used in UDO, "commercial" shall not include industrial or manufacturing businesses.

COMMON ENTRY

A shared entrance for access to upper floor units and/or multiple ground floor tenants.

COMPLETE STREETS

Streets that are designed and operated within a network that enables safe access for all users, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities.

CONCEPT PLAN

A flexible, generally full-color plan type that allows applicants to get preliminary feedback from staff and the Planning Commission on various details of a proposed project.

CONDOMINIUM

A condominium created pursuant to the Condominium Act, MCLA 559.101 et seq., whose units are defined in the master deed, but are not separate parcels of land (sites). Units within a traditional condominium may be intended for residential, commercial, or industrial uses.

[Added 7-20-2022 by Ord. No. 1819]

CORNICE

A top of a wall or building element made evident by an assembly of projecting moldings that strike a definitive limit to that section of the building.

COURTYARD

Courtyards are accessed with a sidewalk connected to the public sidewalk, and may be approved in all zone districts. Courtyards are also a component of the forecourt facade type in form-based code subdistricts that is an open space defined by building walls on three sides and open to the street on the fourth side. The courtyard is not covered by a roof and extends the entire height of the building.

CROP CULTIVATION

The use of land for nonanimal agricultural purposes, including farming, pasturage, and orchards. Shall also include the cultivation of vegetables or fruit for commercial purposes on a property of one acre or greater.

DENSITY

The gross number of dwelling units per acre of land calculated by dividing the number of dwelling units on a site by the gross square footage of the site.

DESIGN GUIDELINES

A tool that defines appropriate architectural and urban design elements desired or required in specific areas of the City; design guidelines are used in the review of development proposals in the Form-Based Code Zone District, Neighborhood Mixed Use Zone District, and planned unit developments.

DEVELOPMENT

The construction, reconstruction, remodeling or conversion of buildings or other site features on a property to change or enhance the use, increase the number of units, or repurpose the property.

DRIVE-THRU

Driveways, windows, and signage associated with a commercial use for the provision of goods and services directly to people in motor vehicles.

DURABLE SURFACE

A surface consisting of asphalt, concrete, permeable pavement, grass pavers or another similar stable, dustless surface. Crushed concrete, crushed asphalt, gravel, and other similar materials are not considered a durable surface.

DWELLING UNITS, PRINCIPAL

A building or portion thereof occupied wholly as the permanent residence or sleeping place by one or more people. A dwelling unit contains at a minimum a kitchen, sleeping area, and full bathroom facilities.

1. SINGLE DETACHED DWELLING UNIT A dwelling unit that is not within the same structure as another dwelling unit, often referred to as a "single-family home."

2. SINGLE ATTACHED DWELLING UNIT A dwelling unit within the same structure as a commercial use or uses, but with no other dwelling units in the building. An example is a single apartment located above or behind a retail store.

3. TWO ATTACHED DWELLING UNITS Two dwelling units that are both principal uses and can be owned or leased separately. Examples include duplexes, or two attached townhomes.

4. THREE OR FOUR ATTACHED DWELLING UNITS Three or four dwelling units that are all principal uses and can be owned or leased separately. An example is a small multifamily building and three attached townhomes on the same property.

5. FIVE OR MORE ATTACHED DWELLING UNITS Five or more dwelling units that are all principal uses and can be owned or leased separately. An example is a multifamily apartment building.

EASEMENT

A grant of one or more of the property rights by a property owner to and/or for the use by the public or another person or entity.

EAVE

The projecting overhang along the edge of a roof.

ENCROACHMENT

The portion of a building, structure, equipment, or sign that intrudes into a required setback, right-of-way or easement.

ENGINEERED PLAN

Less flexible than a concept plan, but not as concrete as a site plan, this plan type provides utility and stormwater details and dimension lines for all setbacks and street widths.

ENVIRONMENTAL IMPACT

Influence of a development on the natural or built environment; environmental impact statements (EIS) are designed to measure the impact of a proposal and to recommend appropriate mitigation strategies.

ESSENTIAL SERVICES

A public or private utility or service that provides electricity, water, sewage removal, gas, communication services, or similar services.

EVENT VENUE

1. Commercial use designed for temporary gatherings of people for entertainment, collaboration, celebration, or other reasons. Examples include: Banquet facilities, community centers, and meeting facilities.

2. The following uses shall not fall under this definition: movie theaters, bowling alleys, arcades, and similar uses, which shall be considered "recreation, indoor," and religious institutions, which shall be considered "religious institutions."

FAMILY

A person or group of people meeting at least one of the following descriptions:

1. A person living alone;

2. Two or more people related by blood, marriage, adoption, or guardianship customarily living together as a single housekeeping unit in a dwelling unit, using common cooking facilities, as distinguished from a group occupying a hotel, club, religious or institutional building, boarding- or lodging house, or fraternity or sorority house;

3. One or two people living together, with or without children related by birth, adoption or guardianship, as a single housekeeping unit in a dwelling unit, using common cooking facilities, as distinguished from a group occupying a hotel, club, religious or institutional building, boarding- or lodging house, or fraternity or sorority house; or

4. Up to four unrelated people (including boarders) living together as a single housekeeping group in a dwelling unit using common cooking facilities.

FEATURE ZONES

The individual parts of a street or other transportation corridor that are designed for a specific function, in order to allow for safe travel by automobiles, pedestrians, transit, and nonmotorized vehicles. Examples of Feature Zones include the Walking Zone, the Furnishing Zone, the Parking Zone, and the Vehicle Travel Zone.

FENCE

A barrier, railing, buffer or other upright structure, typically of wood, metal or vinyl, enclosing an area of ground, marking a boundary, screening an activity, or creating a visual or physical barrier.

FIREARMS AND ARCHERY RANGE

An indoor facility that provides opportunities for the safe shooting of firearms and/or arrows.

FLOOR AREA, GROSS

The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage and measured from the exterior faces of the exterior walls. Garages shall not be included in gross floor area.

FLOOR AREA, HABITABLE

The area of a building just for living, sleeping, eating or cooking. Bathrooms, closets, halls, storage, garages, and similar areas are not considered habitable.

FORM-BASED CODE

An ordinance that regulates the form and scale of buildings in the private realm in relation to the public realm. The code is presented in written and diagrammatic form. The Form-Based Code (F) Zone District is organized by regulating maps and their designation of subdistricts, building types, building frontages, and building envelopes, and is located in Article 39-3 of UDO.

1. BUILDING ENVELOPE The area a building can be constructed within after accounting for setback and height requirements.

2. BUILDING FRONTAGE TYPE Architectural features that dictate how a building interacts with the street and generally the pedestrian users of that street. Form-Based Code building frontage types: shopfront, lobby, forecourt, arcade, and common yard.

3. BUILDING TYPE The type of building that includes the uses a building is designed to include. Forms-Based Code Building Types: mixed-use, commercial, multifamily (five units or more), Multifamily (two to four units), townhouse, parking structure, parking lot, and landmark building.

4. REGULATING PLANS Zoning Maps that only depict the form-based code subdistricts and the building height maximums for each subdistrict.

5. SUBDISTRICT The nine subdistricts that comprise the Form-Based Code (F) Zone District.

FUNERAL HOME

A building or part thereof used for human funeral services. The building may contain space and facilities for embalming and the performance of other services used in preparation of the dead for burial, the performance of autopsies, and other surgical procedures, the storage of caskets, funeral urns, and other related vehicles, and other accessory uses as authorized by state law.

GARDENING

The cultivation of vegetables, fruit, or vegetation on a property equal to or less than one acre.

GAS STATION

A facility designed or used for the retail sale of liquid fuel that is stored in underground tanks and dispensed directly into vehicles or approved containers. Convenience stores may be associated with this use.

GOVERNMENT USES

Uses owned and operated by a public entity. Examples include public parks, public parking lots, government administration buildings, post offices, and Holland Board of Public Works.

GRADE

A reference plane representing the ground level adjoining a building or structure used for the purpose of regulating the height of a structure measured at the level of the ground adjacent to, or immediately below, or at the street center line closest to the structure.

GREENHOUSE (NURSERY)

An enclosed structure used for the growing and cultivation of flowers, shrubbery, vegetables, trees, and other horticultural goods.

HISTORIC DISTRICT

An area, or group of areas not necessarily having contiguous boundaries that contain one structure or group of structures that are related by history, architecture, archaeology, engineering or culture, and require additional review prior to obtaining a building permit.

HOME OCCUPATION

A business, occupation, or profession that results in a product or service that is clearly an accessory, incidental, and secondary use of a residential dwelling unit with no exterior evidence that a business is being conducted from the premises.

HOME-BASED BUSINESS (TYPES 1 AND 2)

A home-based business, occupation, or profession that results in a product or service that is clearly an accessory, incidental, and secondary use of a residential dwelling unit, which has no employees that live off-site, which does not engage in any on-site retail sales (Type 1) or may engage in limited retail sales (Type 2).

HOSPITAL

An institution licensed by the Michigan Department of Health and Human Services (MDHHS) to provide in-patient and out-patient medical and surgical services for the sick and injured, and may include related facilities (i.e., laboratories, medical testing services, central service facilities, and staff offices).

IMPERVIOUS SURFACE

Any hard-surfaced area that does not readily absorb water, including but not limited to, roofs, parking and driveway areas, sidewalks, and paved recreational areas. Synonymous with "nonpervious surface" and "impermeable pavement."

INSTITUTION OF HIGHER EDUCATION

An institution that provides full-time or part-time education beyond high school. Examples include: universities, community colleges, vocational schools, including cosmetology and truck driving, and art schools.

There are no definitions beginning with J.

K-12 SCHOOL

A facility that provides a curriculum for Kindergarten through high school instruction. Accessory uses, such as gymnasiums, athletic fields, and cafeterias, shall be considered part of the K-12 school. This definition shall not include testing centers or tutoring centers, which shall be considered "services."

KENNEL

Any lot or premises where three or more dogs over six months of age are boarded and/or housed for compensation.

LANDSCAPING

The treatment of the ground surface with live plant materials, such as: grass, ground cover, trees, shrubs, vines, and other horticultural vegetation. A required landscape site design may include decorative nonliving materials, such as wood chips, crushed stone, boulders, or mulch accessory to live plant material. Structural features, such as fountains, pools, statues, and benches, shall also be considered a part of "landscaping," but only if provided in combination with live plant material. Artificial plant materials and other items shall not be counted toward meeting the requirements for landscaping. Commonly used landscaping terms are defined as follows:

1. BERM A continuous, raised earthen mound, with a flattened top and sloped sides, capable of supporting live plant materials.

2. CALIPER The trunk diameter of a nursery tree in inches, measured 12 inches above grade.

3. DIAMETER AT BREAST HEIGHT (DBH) The trunk diameter of a mature tree in inches measured 4 1/2 feet above grade. Where a mature tree is on a slope, the four-and-one-half-foot measurement shall be made on the uphill side of the tree. On multistem trees, the largest diameter stem shall be measured.

4. GRASS Any of a family of plants having jointed stems, narrow sheathing leaves, and seed-like grains normally grown as permanent turf lawns in West Michigan.

5. GROUND COVER Low-growing plants that form a dense, extensive growth after one complete growing season, and tend to prevent weeds and soil erosion.

6. HEDGE A row of evergreen or deciduous shrubs planted close enough to form a solid barrier.

7. MULCH A layer of wood chips, dry leaves, straw, hay, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, and/or aid plant growth.

8. PARKING LOT LANDSCAPING A landscaped area located in and around a parking lot to improve pedestrian and vehicular traffic safety, reduce heat island effect, guide traffic movement, and enhance the appearance of the parking lot.

9. RETAINING WALL A wall or similar device used at a grade change to hold the soil on the uphill side of the wall from slumping, sliding, or falling. Examples include: segmental walls, masonry walls, poured-in-place concrete walls, boulder walls, stacked railroad ties, and pre-split rock walls.

10. SCREEN OR SCREENING A wall, fence, or vegetation (or a combination of all) of sufficient height, length, and opacity to form a visual barrier.

11. SHRUB A self-supporting (deciduous or evergreen) woody plant normally branched near the base, bushy, and less than 15 feet in height.

12. TOPSOIL Surface soil, usually including the organic layer, in which plants have most of their roots.

13. TREE A self-supporting (deciduous or evergreen) woody plant with a well-defined central trunk or stem which normally grows to a mature height of 15 feet or more in West Michigan.

a. DECIDUOUS TREE A tree variety that sheds its foliage at the end of the growing season.

b. EVERGREEN TREE A tree variety whose foliage persists and remains green throughout the year.

c. ORNAMENTAL TREE A deciduous tree that is typically grown because of its shape, flowering characteristics, or other attractive features, and which grows to a mature height of 25 feet or less.

d. SHADE TREE A deciduous tree that has a mature crown spread of 25 feet or greater, and has a trunk with at least five feet of clear stem at maturity.

LIGHTING

The following definitions shall apply to lighting:

1. DIFFUSER A device used to distribute light from a source.

2. DROP LENS A type of diffuser that extends below the shield or other opaque element of a light fixture.

3. FIXTURE See "luminaire."

4. FOOTCANDLE Illuminance produced on a surface one foot from a uniform point source of one candela or when one lumen is distributed into an area of one square foot.

5. FULLY SHIELDED FIXTURE A lighting fixture that is shielded or constructed so that all light emitted is projected downward.

6. GLARE The sensation produced by a light source that is significantly brighter than the light level of the surrounding area to which the eyes are adapted, causing annoyance, discomfort, or loss in visual performance or visibility.

7. LIGHT SOURCE The source of electric light.

8. LIGHT TRESPASS Light falling where it is not wanted or needed (also called "spill light").

9. LUMINAIRE A complete lighting unit consisting of at least one light source and all other required parts designed to distribute the light, to position and protect the light source, and to connect the light source to the power supply.

10. LUMENS The unit of luminous flux, equal to the luminous flux emitted in a unit's solid angle by a point source of one candle intensity.

11. RECESSED CANOPY FIXTURE An outdoor lighting fixture recessed into a canopy ceiling so that the bottom of the fixture is flush with, or recessed within, the ceiling.

12. SKY GLOW The effect of multiple unshielded light fixtures projecting light into the atmosphere that creates an unnaturally bright hue in the night sky, obscuring the view of celestial objects.

13. TUBE LIGHT Any light fixture that has the appearance of a tube of light, including neon, LED, or other lighting types.

LINER BUILDINGS

A series of smaller buildings that are part of a glass facade of a larger structure or are commercial standalone perimeter structures positioned to break up the mass of the structure. Typically used in conjunction with parking structures.

LIVE-WORK BUILDING

A use that contains both a dwelling unit and a maker space or office within the same, single, leasable or for-sale unit.

LOADING AREA

A designated, off-street, paved area for the temporary parking of delivery vehicles while loading and unloading merchandise and materials.

LOT

A tract of land occupied, or intended to be occupied, or utilized by principal and accessory buildings, yards and/or open space.

1. CORNER LOT A lot fronting intersecting streets.

2. FLAG LOT A lot that does not meet the minimum lot width at the required front yard setback.

[Amended 10-20-2021 by Ord. No. 1804; 5-3-2023 by Ord. No. 1835]

3. LOT AREA The total area encompassed within the front, rear, and side property lines of a lot excluding street or road right-of-ways.

[Added 5-3-2023 by Ord. No. 1835]

4. THROUGH LOT A property fronting on two streets, but not at the intersection of streets.

LOT OF RECORD

A parcel of land, the dimensions and configuration of which are shown on a subdivision plat recorded in the offices of the County Register of Deeds and the City of Holland, or a lot or parcel described by metes and bounds, the accuracy of which is attested to by a land surveyor registered and licensed in the State of Michigan and is recorded with the County Register of Deeds and the City of Holland.

MAKER SPACE

Commercial space designed to be used for small-scale, low-impact artisan production of wholesale goods, including but not limited to artwork, foodstuffs, beverages, jewelry, and other handcrafted small-batch products. Any use that in the opinion of the approving authority includes processes that cause negative impacts on surrounding properties due to noise, odor, dust, or vibration, shall be considered "manufacturing."

MANUFACTURED HOUSING

A dwelling unit substantially built, constructed, assembled, and finished at an off-site location from the premises where it is to be located.

MANUFACTURING

The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, and the blending of materials.

1. LOW-INTENSITY MANUFACTURING Manufacturing uses that meet the definition of "manufacturing," but not "high-intensity manufacturing."

2. HIGH-INTENSITY MANUFACTURING A use meeting the definition of "manufacturing" that, in the opinion of the approving authority, could have a substantial negative impact on surrounding residents, businesses, and/or the environment by virtue of any of the following: noise, dust, odor, vibration, aesthetics, truck traffic, rail traffic, structure height, environmental contamination, or causing land on neighboring properties to become unstable or unbuildable.

MARINA

A facility for storing, servicing, fueling, berthing, securing, and launching of private or commercial pleasure craft that may include the sale of fuel and incidental supplies for the boat owner, crews, and guests, and small boats for rental/launching.

MASSAGE CLINIC

Any establishment where body massage is regularly practiced on the human body by professionals licensed by the State of Michigan. For the purposes of UDO, massage clinics shall be considered "medical or dental clinics."

MASSING

The scale and proportions of a building or object.

MASTER PLAN

A comprehensive, long-range plan for a municipality. When referred to in UDO, the Master Plan shall refer to the most recently adopted Master Plan for the City of Holland.

MEDICAL OR DENTAL CLINIC

A commercial use that provides medical or therapeutic care to patients. Examples include: doctor offices, urgent care clinics, medical treatment facilities, medical testing facilities, medical counseling facilities, dentist offices, outpatient surgery centers, ophthalmologists, massage clinics, medical administration offices, and veterinary clinics.

MIXED USE

Provides a vertical mix of uses generally with ground floor commercial uses and upper floors for nonretail commercial or residential uses.

NONCONFORMING

A building, structure, use, or property that lawfully existed at the time of the adoption of UDO (or an amendment to UDO that directly applied to the state of being in question) that does not conform to one or more of the regulations in UDO.

NONCONFORMING BUILDING OR STRUCTURE

A building, structure, or portions thereof that lawfully existed at the effective date of UDO, or a subsequent amendment, which does not meet one or more regulations of the zone district in which it is located.

NONCONFORMING PROPERTY

A lot of record that does not meet the dimensional requirements of UDO or amendments thereof.

NONCONFORMING USE

A use that lawfully existed prior to the effective date of UDO or amendments thereof, that do not conform to one or more of the regulations in UDO.

[2]

OFFICE

A commercial use for the provision of services to customers or for administrative duties relating to an organization or business. The following uses shall not be included in this definition:

1. The direct sale of products to customers on-site, and bank branches, which shall be considered "retail";

2. Public administrative offices, which shall be considered "government/public uses";

3. Buildings dedicated solely to offices of institutions of higher education, which shall be considered "institutions of higher education";

4. Medical offices, which shall be considered "medical or dental clinics"; and

5. Uses requiring large fabrication or testing facilities, which shall be considered "research and development."

OUTDOOR STORAGE AND PROCESSES

The keeping of industrial or commercial materials or equipment. Also, the conducting of manufacturing, deconstruction, or other industrial processes, outside of an enclosed structure.

OWNER

Any person, agent, firm, partnership, or other entity recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of a person. This definition shall also include the executor or administrator of the estate of a person if ordered to take possession of real property by a court.

OWNER-OCCUPIED

A dwelling unit that has been approved for principal residence exemption by the City of Holland Assessor.

OWNERSHIP

The designated person or entity listed on the tax rolls maintained by the City of Holland for a structure or building. For a property owned by a partnership, limited liability company or corporation, each partner, member, trustee or shareholder shall be deemed to have an ownership interest for purposes of regulating short-term rental units.

PARAPET

A part of the building wall that extends above the roof, typically located on flat roof buildings. Parapet heights are measured from the roof deck to the top of the parapet.

PARCEL

See "lot."

PARKING

The temporary storage of an operable, licensed motor vehicle. Parking may be limited in duration by a property owner, the City, or another entity with jurisdiction over a parking lot.

1. PARKING FACILITY An inclusive term including both parking lots and parking structures.

2. PARKING LOT WITH NO OTHER PRINCIPAL USE An off-street parking area that is not located on the same property as the principal use it serves or on any property that does not have another principal use.

3. PARKING, LONG-TERM BIKE A bicycle parking facility that reasonably shelters bicycles from the natural elements by locating them inside or under principal or accessory structures.

4. PARKING, OFF-SITE Parking dedicated to a particular use, but not located on the same property as the use it is dedicated to.

5. PARKING, ON-SITE Parking located on the same property as a principal use, and dedicated to that use.

6. PARKING, OFF-STREET Parking located outside of a public right-of-way, and on a public or private property.

7. PARKING, ON-STREET Parking located within a public right-of-way, authorized by the entity with jurisdiction over the right-of-way.

8. PARKING, SHARED Parking designated to meet UDO's minimum parking requirements for more than one use.

9. PARKING, SHORT-TERM BIKE A bicycle parking facility located within 100 feet of the nearest publicly accessible building entrance, and available to the public during business hours.

10. PARKING SPACE An area of definite length and width for parking a vehicle, which is fully accessible for such purposes.

11. PARKING SPACE, ACCESSIBLE A parking space meeting the dimensional and locational requirements of the Americans with Disabilities Act to be considered an accessible (sometimes called "barrier free") parking space.

12. PARKING STRUCTURE A structure or a part or a structure used exclusively for the parking or storage of motor vehicles.

PERVIOUS SURFACE

An area maintained in its natural condition or covered by a material that permits infiltration or percolation of water into the ground. Synonymous with "porous" or "permeable."

PLANNING ACT

The Michigan Planning Enabling Act, Public Act 33 of 2008, as amended,[3] or any successor acts.

PLANNING COMMISSION

The Commission authorized by Section 11 of the Planning Act[4] (or the equivalent section of a successor statute), and Article III of Chapter 2 of the City Code of Ordinances to draft, administer, and enforce the City's Master Plan and Zoning Ordinance. The Planning Commission shall act as an approving authority or recommending authority under UDO.

POCKET NEIGHBORHOOD

A cluster of residential, commercial, and/or mixed-use buildings surrounding or surrounded by green or natural space.

POCKET PARK

A small park in an urban area.

POWER PLANT, NON-WIND OR -SOLAR

A facility that converts one or more energy sources, including but not limited to water power, fossil fuels, or nuclear power, into electrical energy or steam.

PRINCIPAL STRUCTURE

The structure containing the primary use of the property.

PROPERTY

Synonymous with the term "lot."

PROPERTY LINE

The boundaries of a lot are described as follows:

1. FRONT PROPERTY LINE The property line with the narrowest street frontage of the lot. If there are two street frontages of equal width, the Zoning Administrator shall determine the front property line.

2. SECONDARY STREET FRONTAGE Any property line abutting a street that does not meet the definition of "front property line."

3. REAR PROPERTY LINE The property line opposite from the front property line. In the case of irregular, triangular, or wedge-shaped lots, or lots that are pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, 10 feet in length, positioned as far from the front lot line as possible.

4. SIDE PROPERTY LINE Any property line that does not meet the definition of "front property line," "secondary street frontage," or "rear property line."

PUBLIC HEARING

A meeting where the public shall be permitted to speak on an order of business on the meeting agenda.

PUBLIC LODGING

A facility offering transient lodging accommodations at a daily or weekly rate to the general public, with services such as restaurants, meeting rooms, and recreational facilities. Examples include: hotels, motels, hostels, and extended-stay hotels that do not meet the definition of a "dwelling unit."

PUBLIC REALM

The area between the facade of a building and the corresponding facade of the building across the street, which is typically defined by the street right-of-way lines.

PUBLIC UTILITY

An entity authorized to provide utilities or infrastructure for the purpose of transportation, water, sewer, stormwater, gas, electric, communications, and other similar services.

There are no definitions beginning with Q.

RECREATION, INDOOR

An indoor facility for leisure, exercise, and/or entertainment. Examples include: bowling alleys, arcades, indoor playgrounds, fitness centers, sports arenas, and movie theaters.

RECREATION, OUTDOOR

An outdoor facility for leisure, exercise, and/or entertainment. Examples include: parks, golf courses, nature preserves, go-carts, batting cages, sports facilities, and ice rinks.

RECREATIONAL VEHICLE

The following shall be considered a recreational vehicle:

1. A camper, motor home, pop-up camper trailer, or other similar camping unit.

2. A boat, jet ski, snowmobile, ATV or similar toy either on or off of an open, unenclosed trailer, specifically designed for transporting that toy.

3. An open, unenclosed, single-axle trailer not exceeding 8 1/2 feet by nine feet or 76.5 square feet in area.

REDEVELOPMENT

Any expansion, addition, renovation, or major change to an existing building, structure or aspect of development. "Redevelopment" can also mean the reconstruction of a previously developed multiproperty area to have new character, using new construction and renovation of existing buildings.

RELIGIOUS INSTITUTION

A use where people regularly assemble for religious activity. Examples include: a church, synagogue, temple, mosque, or similar religious facility. Accessory uses such as K-12 schools, event venues, or offices, may be approved as part of the religious institution.

RENOVATION

The modernization or updating of an existing structure. Rehabilitation and restoration are types of renovation.

1. REHABILITATION The act or process of returning a property to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those portions or features of the property that are significant to its historical, architectural, and cultural values.

2. RESTORATION The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

RESEARCH AND DEVELOPMENT

A use within an engineering or testing laboratory that does not involve the mass manufacture, fabrication, processing, or sale of products.

RESIDENTIAL

The use of property, or space within a building, for the purpose of human habitation that meets the requirements and definitions of UDO and the Building Code to be considered one or more "dwelling units."

RESIDENTIAL ONE TO FOUR

A parcel of land containing one to four dwelling units on that parcel, not necessarily contained in the same building.

[Added 10-20-2021 by Ord. No. 1804]

RESTAURANT

1. A commercial use where the principal business is the sale of food and beverages to customers. Examples include: full-service restaurants, fast-food restaurants, cafes, bars, and microbreweries/distilleries/wineries. The City may determine that the manufacturing portion of the use is sufficiently large enough to be considered a manufacturing use.

2. The following uses shall not fall under this definition: Tasting counters at grocery stores, which shall be considered "retail"; tasting counters at manufacturing and/or wholesale facilities, which shall be considered "manufacturing" or "wholesale," depending on the principal use of the site.

RETAIL

1. A commercial use that sells goods of merchandise to the public on-site. Examples include: grocery/convenience/beverage stores, clothing/shoe/accessory stores, book/music/video/electronics stores, hardware stores, and art galleries with art for sale.

2. The following uses shall not fall under this definition: gas stations, which shall be considered "gas stations"; and real estate brokerages, which shall be considered "services."

REZONING

The process described in UDO for changing the designation of a parcel to a different zone district.

RIGHT-OF-WAY

A street, alley or other thoroughfare or easement permanently established for the passage of persons or vehicles and under the legal authority of the municipality or agency having jurisdiction over said passage. The right-of-way includes all elements between the legally designated right-of-way lines, regardless of whether a portion of the right-of-way overlaps with private property. Within the right-of-way, the City (or other entity with jurisdiction over the right-of-way) may build or allow to be built, infrastructure and amenities to serve the public interest, including: streets, nonmotorized pathways, roadways, walkways, parking spaces, signage, traffic signals, landscaping, and amenities (i.e., benches, tables, garbage cans, etc.).

ROOFLINE

The top edge of a roof or building parapet, whichever is higher, excluding cupolas, chimneys or other minor projections.

SCALE

The size and shape of a building or other element of the built environment, relative to its surroundings and to the people who interact with it. Example: Pedestrian scale is based on comfortable walking dimensions and automobile scale is designed to be experienced from a moving automobile.

SCREENING

A method of visually shielding or obscuring an abutting or nearby structure, property or use from another by using fencing, walls, berms, gates, building features, or plantings of sufficient height, length, and opacity to form a visual barrier.

SELF-STORAGE FACILITY

Enclosed space for rent to the general public to store nonperishable goods.

SERVICES

A commercial use offering technical or specialized services. Examples include: law offices, engineering services, small electronics repair, real estate brokerages, and hair salons.

SETBACK

The minimum and maximum horizontal distance that a building, structure, or parking lot shall be from any property line. If there are two or more principal buildings on a property, the closest building to the property line shall be subject to the setback requirement.

SEXUALLY ORIENTED BUSINESS

A retail, event, indoor recreation, or personal service business where 25% of the floor area is dedicated to, 25% or more of the inventory is composed of, or 25% of the gross revenues derive from items or activities predominantly characterized by an emphasis on matter depicting, describing, or relating to specified anatomical areas or sexual activities.

1. SPECIFIED ANATOMICAL AREAS Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or a female breast below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

2. SPECIFIED SEXUAL ACTIVITIES The fondling or any other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts or sex acts, actual or simulated, including vaginal or anal intercourse, oral stimulation of human genitals, or masturbation, or excretory functions.

SHELTER

A facility that provides overnight housing accommodations for people who are homeless, displaced from housing, victims of violence or abuse, have an emergency, are in a transitional state, and other similar situations. The facility may provide temporary or semipermanent housing in a setting that is not considered a single dwelling unit or single-family home. The facility may also offer services to the occupants or the public, such as counseling, educational classes, vocational training, food service, etc.

[Added 8-3-2022 by Ord. No. 1827]

SHORT-TERM RENTAL

A dwelling unit for rent in part or in its entirety for less then 30 consecutive days per occupant and shall be in compliance with Chapter 14 of the City of Holland Code of Ordinances.

SIGN (SIGNAGE)

A device, structure, fixture, or placard using graphics, symbols and/or written copy, designed specifically for the purpose of identifying an establishment, product, service or activity. The following are definitions of types of signs and terms related to signage:

1. AWNING OR CANOPY SIGN A sign fixed to or integral with the surface of an awning or canopy.

2. BALLOON An object composed of an inflatable, nonporous bag.

3. BANNER A fabric, plastic, or other object made of nonridged material without an enclosing structural framework.

4. BILLBOARD A sign that contains a message or advertises an establishment, product, service, space or activity not available on the lot where the sign is located. For purposes of UDO, a movable freestanding sign is not considered a billboard or off-premises advertising sign.

5. DIRECTIONAL SIGN A sign that provides directions or instructions for the use on the lot where the sign is located, such as parking or exit and entrance signs.

6. ESSENTIAL SERVICES Signs that provide directions to or notices of equipment and accessories reasonably necessary for the furnishing of utility service or for the public health, safety or general welfare by public utilities or municipal departments.

7. FLAG A piece of fabric with a distinctive design, logo, emblem or words.

8. FEATHER FLAG A piece of fabric, typically taller than it is wide, with a distinctive design, logo, emblem or words that is specifically designed and used to draw attention to a product, service or location.

9. FREESTANDING SIGN A permanent sign not anchored or secured to a building or the ground and designed to be placed during business hours and moved inside when not in use.

10. GOVERNMENT SIGN A temporary or permanent sign erected by the City of Holland, Allegan or Ottawa Counties, or the state or federal government; including temporary signs as necessary in conjunction with the improvement of public infrastructure.

11. MARQUEE A sign affixed flat against the surface of a marquee.

12. MOVABLE FREESTANDING SIGN A freestanding sign not anchored or secured to a building or the ground.

13. MURALS

a. TYPE 1 A design or representation that does not contain promotional or commercial advertising painted or drawn on a wall.

b. TYPE 2 An original, one-of-a-kind unique design or representation that contains limited references to the establishment, product or service provided on the site, which is painted or drawn on a wall on that site.

14. NEIGHBORHOOD COMMERCIAL DISTRICT IDENTIFIER A sign located at, near, or within the boundary of an established neighborhood commercial area solely identifying the name and/or logo of the neighborhood commercial area.

15. NONCONFORMING A permanently installed sign that is legally existing at the original installation, which does not conform to the current height, size, area or location requirements of UDO.

16. PLACARD A sign that provides notices of a public nature, i.e., "No Trespassing."

17. PERMANENT A sign that has a permanent location on the ground or that is attached to a structure having a permanent location that meets the structural requirements for signs as established in the Building Code.

18. PROJECTING A double-faced sign attached to a building or wall.

19. READER BOARD A portion of a sign changed periodically either manually or electronically.

20. ROOF A sign erected above the roofline of a building.

21. SIGN FACE The area of a sign that displays a message, including the extreme limits of writing, emblem, logo, and similar representation.

22. TEMPORARY SIGN A sign intended for a limited period of display, typically less than 30 days.

23. WALL A single-faced sign painted or attached directly to and parallel to the exterior wall of a building.

24. WINDOW A sign placed on the glass of a window or door that is used for advertising or identification, and is intended to be viewed from the outside of the building.

25. WAYFINDING A temporary or permanent information system, installed or erected by the City of Holland or the Downtown Development Authority, for the purpose of guiding citizens and tourists and identifying specific places and parking areas.

SITE

The location of a development or redevelopment project that may include one or multiple properties.

SITE CONDOMINIUM UNIT

A condominium created pursuant to the Condominium Act, MCLA 559.101 et seq. whose units are separate parcels of land (sites) on which structures for independent occupation are erected. Units within a site condominium may be intended for residential, commercial, or industrial uses.

[Amended 7-20-2022 by Ord. No. 1819]

SITE IMPROVEMENT

Any building, structure, work of art, landscaping, parking lot, or other item constituting an increase in the value of a property.

SITE PLAN

A plan prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site design features proposed for a specific parcel of land.

SOLAR ENERGY FACILITY

A device that provides the collection, storage, and distribution of solar energy for space heating, cooling, or power generation, including both the solar panels and all accessory structures.

STATE EQUALIZED VALUE (SEV)

Half of the true cash value of a structure as set by either the county or the state.

STEPBACK

A setback of an exterior wall of an upper story behind the exterior walls of the floors below.

STORY

The distance between any two adjacent floors or floor lines, measured as the distance between the finished floor and finished ceiling (or bottom of exposed structure).

STREET CORRIDORS

Any street meeting the definition of "urban major" or "commercial, mixed-use corridor, or industrial major" in Article 39-10.

STREET DESIGN PLAN

This is a required site plan sheet when a new or reconstructed street is proposed. The street design plan shall include a street cross-section depicting the three street realms and the feature zones proposed. This plan shall also include construction specifications.

STREET REALMS

The three street realms are the people, parking, and travel realms. Each realm is comprised of feature zones.

STREET, FRONT

The narrowest street frontage of a property, as measured along the right-of-way which runs along a parcel's front property line. If there are two street frontages of equal length, the Zoning Administrator shall determine a front street.

STREET, LOCAL

A street designated as "local" on the City of Holland Act 51 Map.

STREET, MAJOR

A street designated as "major" on the City of Holland Act 51 Map or a street within the City of Holland that is under the jurisdiction of the Michigan Department of Transportation.

STREET, SECONDARY

Any street frontage of a property that does not meet the definition of "street, front."

STREETSCAPE

The distinguishing character of a particular street as created by its width, degree of curvature, paving materials, design of the street furniture, and forms of surrounding buildings.

STRUCTURE

Anything constructed or erected, the use of which requires location on the ground or attachment to something on the ground. Examples include: principal and accessory buildings, towers, decks, fences, walls, antennas, swimming pools, and signs.

SUBDIVISION PLAT

Used when the property is proposed to be divided pursuant to the subdivision provisions of the Michigan Land Division Act into platted lots.

[Amended 7-20-2022 by Ord. No. 1819]

TRAFFIC IMPACT STUDY

An analysis of the volume of traffic anticipated to be generated by a given land use or development proposal. The study includes the impacts of additional volume, such as congestion, accidents, and changes to the street network's level of service.

TRANSPARENCY (STRUCTURE)

The presence and percentage of glass to allow the interior of a building to be viewed from the street. Transparent glass is not heavily tinted or glazed and shall be measured by the following:

1. VISIBLE LIGHT REFLECTANCE (VLR) The percent of total visible light that is reflected by a glazing system. The lower the number, the less visible light is reflected, making the glass more transparent.

2. VISIBLE LIGHT TRANSMITTANCE (VLT) The percent of total visible light that is transmitted through a glazing system. The higher the number, the more visible light is transmitted, making the glass more transparent.

TRANSPORTATION AND LOGISTICS

A use primarily for loading and unloading trucks.

UNIFIED DEVELOPMENT ORDINANCE (UDO)

This chapter, including all 14 articles, and all subsequent amendments that may be adopted by City Council.

UNIVERSAL DESIGN

Design accessible to all people, regardless of age, disability, etc.

USE

The purpose for which land, lots, or buildings are designed, arranged, intended, or occupied, maintained, let, or leased.

1. ACCESSORY USE A use that is clearly incidental to, customarily found in connection with, subordinate to, and located on the same lot or site condominium unit as the principal use to which it is related.

2. PERMITTED USE A use that is permitted on every lot or site condominium unit in a zone district, provided that all requirements of UDO are met, as verified through the required review process by the approving authority.

3. PRINCIPAL USE The main use of land and buildings and the main purpose for which land and buildings exist.

4. PROHIBITED USE A use that is not allowed, and cannot be approved, on any lot or site condominium unit within a zone district.

5. RESTRICTED USE A use that is permitted within a zone district only on designated properties or in designated circumstances. Additionally, all requirements of UDO shall be met, as verified through the required review process by the approving authority.

6. SPECIAL LAND USE A use that is permitted within a zone district through Planning Commission approval based on it meeting context sensitive requirements.

VARIANCE

A modification of the literal provisions of UDO when granted by the Board of Appeals when strict enforcement of UDO would cause practical difficulties owing to circumstances unique to the individual property where the variance is granted.

VEHICLE

Every device in, upon, or by which any person or property is or may be transported on a street. Devices exclusively moved by human power, used exclusively on stationary rails or tracks, and mobile homes, are not considered vehicles.

VEHICLE REPAIR

1. An enclosed building where the following services may be carried out: general repairs, engine rebuilding, collision services, and painting of vehicles.

2. The following uses shall not be included under this definition: bicycle repair or lawn mower repair, which shall be considered "retail."

VEHICLE SALES

1. A building or premises used primarily for the sale of new or used automobiles and other motor vehicles. Examples include: new and used car sales, recreational vehicle sales, motorcycle/powersport sales, construction equipment sales, and boat sales.

2. The following uses shall not fall under this definition: bicycle sales and lawn mower sales, which shall be considered "retail."

VEHICLE WASH

A building or portion thereof or an area of land where automobiles are washed.

VENDOR TRUCK

A truck, camper, trailer, tent, stand or similar mobile structure used to sell food, merchandise, goods, wares or services from a fixed location.

WAREHOUSING

Storage, wholesale, and distribution of manufactured products, supplies, and equipment.

WAREHOUSING

Storage, wholesale, and distribution of manufactured products, supplies, and equipment.

WETLAND

Land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a "bog," "swamp," or "marsh."

WHOLESALE

On-premises sales of goods primarily to customers engaged in the business of reselling the goods.

WIND ENERGY FACILITY

A facility that produces energy by converting wind energy to electricity by means of wind turbines, including the wind turbine and all accessory structures; also known as "wind energy conversion system (WECS)." The following are definitions of types of wind energy facilities, and terms associated with them:

1. ACCESSORY WIND ENERGY CONVERSION SYSTEM (also called "Small-Scale") A WECS less than 40 feet in total height with the blade fully extended (tip height). Small-scale WECS are intended to generate electric power from wind solely for the use of the site on which the system is located. Small-scale WECS that are primarily intended to provide accessory power, but contribute surplus energy to the grid, may also be considered accessory small-scale WECS.

2. AUDIBLE The varying degrees of sound perception as reported by affidavit, including, but not limited to, just perceptible, audible, clearly audible, and objectionable.

3. DECIBEL (dB) The practical unit of measurement for sound pressure level; the number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 microPascals); abbreviated "dB."

a. BA The A-weighted sound level.

b. BC The C-weighted sound level.

c. LMax (LAMax or LCMax) The maximum db(A) or db(C) sound level measured using the fast response setting of the sound meter (equivalent to 0.125 second exponential averaging time).

4. EQUIVALENT SOUND LEVEL (or LEQ) The sound level measured in decibels with an integrating sound level meter and averaged on an energy basis over a specific duration.

5. NOISE An audible sound.

6. A WIND ENERGY CONVERSION SYSTEM 40 FEET OR GREATER IN TOTAL HEIGHT (also called "large-scale") Wind energy conversion systems 40 feet or greater in total height. Large-scale WECS are intended to generate power from wind primarily to supplement the greater electric utility grid. Utility-scale WECS include accessory uses, such as, but not limited to, control towers, anemometers, or electric substations.

7. SOUND PRESSURE An average rate at which sound energy is transmitted through a unit area in a specified direction. The pressure of the sound measured at a receiver.

8. SOUND PRESSURE LEVEL The sound pressure mapped to a logarithmic scale and reported in decibels (dB).

9. TIP HEIGHT The height of the turbine with a blade at the highest vertical point. Height is measured from grade to the highest point of WECS when a blade is in its vertical orientation.

WIRELESS TELECOMMUNICATION FACILITY

A freestanding facility, building, pole, tower, or structure used to provide commercial cellular telecommunication services, that consists of antennas, equipment and storage, and other accessory structures.

There are no definitions beginning with X.

YARD

The open area between a building and a property line, as determined by the actual construction on a property. A required setback is the area of the yard that shall not be built on, as required by the minimum setback requirement. The types of yards are as follows:

1. FRONT YARD The open space between the wall or element of the building and the front property line.

2. SECONDARY STREET YARD The open space between the wall or element of the building and the secondary street frontage property line.

3. REAR YARD The open space between the wall or element of the building and the rear property line.

4. SIDE YARD The open space between the wall or element of the building and a side property line.

ZONE DISTRICT

An area designated for a certain set of regulations under UDO due to a distinct character or purpose.

ZONING

Regulation of development through land use classifications and dimensional standards.

ZONING ACT

The Michigan Zoning Enabling Act, Public Act 110 of 2006,[5] as amended, or any successor acts.

ZONING MAP

The Official Map distinguishing zone district boundaries.

[1] Editor's Note: See MCLA § 125.3601.

[2] Editor's Note: The definition of "nursing home" that immediately followed this definition was repealed 8-3-2022 by Ord. No. 1827. See now "care facilities."

[3] Editor's Note: See MCLA § 125.3801 et seq.

[4] Editor's Note: See MCLA § 125.3811.

[5] Editor's Note: See MCLA § 125.3101 et seq.