City of Holland, MI Article 39-9 General Standards

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. 39-9.01 Intent.

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

The intent of this article is to provide general regulatory zoning requirements for all zone districts, or specified zone districts, to ensure orderly development. Specifically, this section includes the following regulations:

A. Off-street parking and loading requirements (Section 39-9.02), in order to ensure that all land uses in the City are provided with an appropriate amount of parking, and that parking lots are designed and maintained to be safe, sustainable, and attractive. Sufficient parking is necessary to ensure economic viability and efficient mobility, but excess parking degrades the built environment, creates safety hazards for pedestrians, bicyclists, and vehicles, and damages the natural environment. In addition to the standards in Section 39-9.02, required parking spaces by use and zone district can be found in Article 39-2.

B. Bicycle parking requirements. (Section 39-9.03), in order to ensure that bicycle parking is provided to support land uses throughout the City. The use of bicycles for transportation reduces automobile congestion and greenhouse gas emissions, while also providing exercise and recreation for City residents. Therefore, UDO encourages increased bicycle usage by requiring bicycle parking for certain uses, just as automobile parking is required. In addition to the standards in Section 39-9.03, required bicycle parking spaces by use and zone district can be found in Article 39-2.

C. Principal dwelling units (Section 39-9.04), in order to ensure that housing in the City is safe, sanitary, and built to modern standards, while encouraging a variety of housing types to be constructed. The provisions in Section 39-9.04 support other standards throughout UDO regarding the development of housing in the City.

D. Accessory structures requiring setbacks (Section 39-9.05), in order to establish clear regulations for the construction of accessory structures. Accessory structures serve an important function in a variety of land uses, especially residential and industrial uses, but regulations are needed to ensure they are located and designed to promote safety and efficient use of land and not to create burdens on neighboring properties.

E. Accessory structures allowed in required setbacks (Section 39-9.06), in order to establish clear regulations for the construction of certain types of accessory structures that, by their form or function, require separate regulations from those found in Section 39-9.05.

F. Accessory dwelling units (ADUs) (Section 39-9.07), in order to establish clear regulations for the construction of dwelling units within accessory structures. Accessory dwelling units are an important aspect of the housing market, allowing for additional housing units (frequently at an attainable price point) within neighborhoods, without altering community character. However, accessory dwelling units must be regulated to ensure that they are safe, meet standards for modern residential dwellings, and do not negatively impact neighboring properties.

G. Fences (Section 39-9.08), in order to establish clear regulations for the construction of fences throughout the City. Fences create privacy and security and can be an attractive addition to the built environment. However, if not properly designed, they can also create negative impacts on surrounding properties.

H. Infill design review standards (Section 39-9.09), in order to protect the essential character of Holland's neighborhoods, and meet the intent described in Section 39-9.09A.

I. Fair housing accommodation standards (Section 39-9.10), in order to meet the intent described in Section 39-9.10A and ensure that the regulations of UDO do not infringe on the right of residents with disabilities to have their housing units adapted to their needs.

J. Boarders (Section 39-9.11), in order to meet the intent described in Section 39-9.11A by creating regulations to allow owners of dwelling units to rent out individual bedrooms, while ensuring that safe housing conditions and neighborhood character are preserved.

K. Essential services (Section 39-9.12), in order to ensure that essential services, as defined in Section 39-9.12A, are provided efficiently to residents of the City, and that the regulations of UDO are not an impediment to the orderly and safe provision of those services.

L. Medical marihuana (Section 39-9.13), in order to protect the rights of residents under the Michigan Medical Marihuana Act of 2008,[1] while protecting neighborhood character and preventing negative impacts on neighboring properties. Section 39-9.13 clarifies the zoning status of uses authorized by Public Act 281 of 2016 and Initiated Law 1 of 2018.

[1] Editor's Note: See MCLA § 333.26421 et seq.

M. Vehicle repair (Section 39-9.14), at residential properties, in order to establish clear regulations for automotive repair work done by an occupant at their home, to maintain or repair their own vehicle. If not properly regulated this activity can cause negative impacts on surrounding properties.

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

N. Building clear vision corner (Section 39-9.15), in order to ensure an unobstructed view of oncoming pedestrian, bicycle or vehicle traffic.

[Added 2-1-2023 by Ord. No. 1834]

Sec. 39-9.02 Off-street parking and loading requirements.

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

A. Permits are required for all new or modified parking area and driveways (Section 39-12.04).

[Added 7-20-2022 by Ord. No. 1819[1]]

[1] Editor's Note: This ordinance also redesignated former Subsections A, B and C as Subsections B, C and D, respectively.

B. Parking for residential dwellings with one to four units.

1. Number of spaces required. Each required parking space shall be independently accessible. The number of required parking spaces shall be determined in accordance with each zone district; Article 39-2.

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

2. Location. All required parking spaces shall be located on the property. ED and F Zone Districts are exempt from this requirement.

3. Front yard. Vehicles in front yards shall be parked on a conforming or legal nonconforming driveway or parking space. For corner lots, both street frontages shall be considered front yards.

4. No parking between structure and right-of-way. Parking areas in front yards shall not be located between a residential structure and the street right-of-way, or in the front corner on a corner lot. Exceptions: A driveway to a vehicle entrance of a garage; an expanded driveway width or turnaround when set back a minimum of 25 feet from the property line.

Parking Areas with Sidewalk and Curb

Parking Areas with Sidewalk and No Curb

Parking Areas without Sidewalk and Curb

5. Durable surface. All driveways and parking areas shall be paved with a durable surface. For driveways over 200 feet long that serve only one dwelling unit, only the 200 feet of driveway closest to the street shall be paved. Exceptions: Recreational vehicles parked in side and rear yards and vehicles that are stored and not driven on a regular basis do not need to be parked on a durable surface.

6. Permitted vehicles. Parking shall be limited to the following vehicles:

a. Passenger motor vehicles that accommodate fewer than 10 passengers.

b. Motorcycles.

c. Recreational vehicles.

d. Trucks or buses not exceeding two tons in carrying capacity.

7. TNR Zone District only. Residential properties in the TNR Traditional Neighborhood Residential Zone District shall be subject to the following requirements:

[Amended 2-2-2022 by Ord. No. 1812]

a. Vehicles must be parked on an approved durable surface or existing driveway.

b. Rear and side yard paving.

1) Rear yard: up to 50% paving.

2) Side yard: up to 75% paving in one side yard only. For a side yard less than 14 feet in width, paving may be a maximum 10 feet wide.

3) Corner lots: up to 50% paving in secondary street yards and rear yards. Paving shall be set back a minimum of 10 feet from a street right-of-way line except for a driveway connecting to the street.

c. Hope Neighborhood Overlay District. Properties in the Hope Neighborhood Overlay District with more than 50% paving in the rear yard shall provide a fence or adequate landscaping to reduce the glare of headlights onto neighboring properties. See Section 39-2.21, Hope Neighborhood Overlay District and Section 39-9.08, Fences.

TNR Side and Rear Paving

C. Parking for all uses other than residential dwellings with one to four units.

1. Parking spaces required. Each required parking space shall be independently accessible. The number of required parking spaces shall be determined in accordance with each zone district. See Article 39-2. Requirements may be modified under certain circumstances by the approving authority.

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

2. Durable surfaces. All parking areas, access lanes, driveways, loading areas, and other vehicle maneuvering areas shall be paved with a durable surface.

3. Setback requirements. All off-street parking spaces and drive aisles shall be set back a minimum of 10 feet from all property lines when adjacent to a residential zone district.

a. The approving authority may reduce the setback to a minimum of five feet from a side or rear property line when a six-foot fence or approved vegetative screening is erected along the property line.

[Amended 2-2-2022 by Ord. No. 1812]

b. A setback shall not be required if:

1) Adjacent uses are both nonresidential or mixed use; or

2) There are shared driveways or aisles connecting two or more properties not less than 30 feet in width.

4. Parking spaces and drive aisles.

a. Off-street parking facilities containing four or more spaces shall be designed, constructed, and maintained in accordance with the following requirements:

1) Parking space size.

a) Width: minimum of eight feet.

b) Area: minimum of 160 square feet.

2) Drive aisle widths.

a) One-way: 12 feet minimum.

b) Two-way: 24 feet minimum.

5. Side yard parking in NMU and RMU Zone Districts and the following F subdistricts: NDT, EDT, WDT, RM, and WASH (28th Street to 31st Street). Parking lots located on the side of new principal buildings shall be minimized to provide for a walkable character without large parking lots separating uses. The following requirements shall be met:

a. Parking shall only occur on one side of the building;

b. The parking lot shall be a maximum of 44 feet in width to accommodate a twenty-four-foot-wide, two-way aisle and one row of parking.

6. Striping of parking lots. Parking spaces shall be striped per the approved site plan and in compliance with ADA requirements for barrier-free parking spaces. The striping shall be maintained to be visible to drivers.

7. Pedestrian circulation in parking lots. Parking lots shall accommodate direct and continuous pedestrian circulation, clearly divided from vehicular areas. Pedestrian crosswalks shall be provided and integrated into the pedestrian circulation network providing direct connections from sidewalks to the building entrance.

8. Curbs and wheel stops in parking lots. Curbs shall generally be required unless a landscape island or perimeter landscape area is used for stormwater detention or unless otherwise approved by the approving authority. If a curb is not installed, wheel stops shall be required to keep vehicles parked entirely on the pavement.

9. Parking rows and landscape islands. A landscape island shall be installed a minimum of every 20 parking spaces. These parking lot islands shall include a minimum of one tree. See Section 39-6.02.

10. Shared parking facilities. Off-street parking for separate buildings or uses is encouraged to be shared. The minimum parking requirement shall be the combined minimum requirement for the proposed uses (See Article 39-2.) minus 20% of the total. Mixed-use buildings shall also use this section to compute their parking requirement.

11. Parking lot access management is encouraged and may be required. See Section 39-10.05D.4.

12. Electric vehicle charging stations: may be located in any parking lot, as long as the required dimensions and number of spaces are maintained within the lot.

13. Paved parkways for four or more attached dwelling units. Paved parkways, located in the public right-of-way, may be approved by the approving authority for additional parking, beyond what is required on-site.

a. See Chapter 18, Motor Vehicles and Traffic, Section 18-28(c), for criteria.

14. Commercial vehicles. Commercial vehicles and heavy equipment shall only be parked on lots where such vehicles are utilized as part of the primary use.

15. Deferred parking. See Section 39-5.08I.

[Added 9-4-2024 by Ord. No. 1845]

D. Loading and unloading space requirements for commercial or industrial uses.

1. Location. Loading spaces shall be clearly defined, paved with a durable surface, and located to the rear or side of a building. Loading/unloading operations shall not negatively impact traffic circulation.

2. Storage prohibited. Nothing shall be stored in a required loading space.

3. Shared loading and unloading. Shared loading facilities may be substituted for individual loading spaces serving businesses on separate properties, provided that the following conditions are met:

a. Each business served shall have access to the shared loading area.

b. A building shall only be served by a shared loading area that is within 300 feet.

c. The approving authority may modify these conditions under certain circumstances.

Sec. 39-9.03 Bicycle parking (Section 39-5.09). [1]

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

A. Intent. The intent of this section is to provide safe and adequate bicycle facilities for the temporary and long-term storage of bicycles at uses requiring administrative or Planning Commission site plan review. To accomplish this, this section specifies the required type, number, and location of bicycle parking spaces required on a site. These requirements are designed to promote and encourage the safety and general welfare of the community by:

1. Promoting an energy-efficient mode of transportation;

2. Encouraging a healthy lifestyle by promoting and accommodating the use of bicycles; and

3. Providing safe and adequate bicycle facilities for all types of bicycle users, including those who rely on bicycling as their primary mode of transportation.

B. Applicability. Bicycle parking shall be provided for the following developments requiring an administrative or Planning Commission site plan review:

1. New structure.

2. Structure addition resulting in an increase in residential units of 20% or more.

3. Structure addition resulting in an increase in nonresidential gross floor area of 20% or more.

4. Exempt: multifamily developments where each attached dwelling unit is designated a private garage, carport, or accessible and secure storage space that is a minimum of 80 square feet in area.

C. Bicycle parking facility types. The Bicycle Parking Space Table in Section 39-9.03D.1 (and Article 39-2) specifies the number of public spaces required for short-term parking and the number or percentage of covered spaces required for long-term employee and/or resident parking. This subsection provides the definitions, standards, design requirements, and examples of each.

1. Short-term public bike parking facilities: bicycle parking facilities within 100 feet of the nearest publicly accessible building entrance of the use they are intended to serve. These spaces shall, at a minimum, be available to the public during business hours. These facilities shall also be required to meet the following requirements:

a. Be located in outdoor, well-lit areas, clearly visible from the street.

b. Be securely anchored to a durable surface.

c. Each space shall be a minimum of two feet wide by six feet long, with a minimum vertical clearance of eight feet.

d. A pedestrian-accessible walkway shall be provided between the outdoor bicycle parking facility and the primary building entrance. Public sidewalks may be used to meet this requirement.

e. An aisle width of a minimum of five feet shall be provided adjacent to any bicycle parking facility to allow for bicycle maneuvering;

f. This facility type may be located in vehicle parking areas but shall not conflict with traffic circulation.

g. This facility type may be located in the public right-of-way upon approval of a revocable license agreement (RLA) by City Council.

h. Bicycle rack design requirements. The short-term public bike parking facilities shall generally be designed as a bicycle rack unless otherwise approved by the approving authority. Bicycle racks shall adhere to the following standards:

1) Inverted-U style racks or similar design is required.

2) Racks shall be 36 inches from the base to the top of the rack and shall be a minimum 24 inches in length.

3) Each rack shall provide each bicycle parking space with at least two points of contact for a standard bicycle frame and be designed to accommodate two bicycles.

4) Racks shall be located at a minimum of two feet from any adjoining wall and a minimum of four feet from any street or back of curb.

5) The rack shall have rounded, nonabrasive surfaces and corners.

6) The facility shall be incorporated whenever possible into building design and coordinated with the design of street furniture when provided (benches, lights, planters, and other pedestrian amenities).

7) Arranged in rows or in alignment. Bicycle racks shall generally be arranged either in rows (where bicycles are parked side-to-side) or in alignment (where bicycles are parked end-to-end). Where racks are arranged in rows, they shall be spaced a minimum of three feet apart on-center. Where racks are arranged in alignment, they shall be spaced a minimum of eight feet on-center. See figures below.

Bicycles Parked in Rows

Bicycles Parked in Alignment

i. Examples of permitted short-term bicycle racks.

j. Examples of short-term bike racks not permitted.

2. Long-term bicycle parking facilities are covered spaces that provide long-term bicycle parking facilities that, at a minimum, reasonably shelter bicycles from the natural elements by locating them inside or under principal or accessory structures. Covered bicycle parking facilities shall:

a. Be required when the total number of required bike parking spaces equals five or greater.

b. Be permanently anchored to the ground or to a structure.

c. Be a minimum of eight feet above the surface it is attached to and shall, in the opinion of the approving authority, be designed to protect the bicycles in the event of inclement weather.

d. Not be located within the required front yard setback.

e. Be lockable where possible.

f. Be located within the required side or rear yard setbacks, provided that the facility is a minimum of three feet from the property line.

g. Design standards: shall meet the design standards specified in Section 39-9.03C.1.a through Section 39-9.03C.1.j.

h. Bicycle racks. The design of bicycle racks shall follow the standards specified in Section 39-9.03C.1.h.

i. Examples of long-term covered bicycle parking.

j. Examples of long-term covered bicycle parking not permitted.

D. Bicycle parking space standards. Bicycle parking spaces in bicycle parking facilities shall be provided in accordance with this table. A minimum of four public bicycle spaces shall be provided for all uses. See Article 39-2 Use and Parking Tables for the bicycle parking space standards per use and zone district.

1. Bicycle parking space table.

Use	Short Term Spaces	Long Term Spaces
Residential
1 to 4 dwelling units	N/A	N/A
Manufactured housing, short-term rentals, or home-based businesses	N/A	N/A
Multifamily (5+ dwelling units) or mixed-use structures in the NMU, RMU, and F Zone Districts	4 spaces for public	1 per dwelling unit
Multifamily (5+ dwelling units) or mixed-use structures in the all other zone districts	4 spaces for public	1 per 2 dwelling units
Commercial/Industrial
Retail, less than 75,000 square feet	1 per 4,000 square feet of building	20% of required spaces with 60% accessible to the public
Retail, greater than 75,000 square feet	1 per 12,500 square feet of building	20% of required spaces with 60% accessible to the public
Office/personal services/medical/dental clinic/hospital	1 per 5,000 square feet of building	20% of required spaces with 60% accessible to the public
Restaurant/bar	1 per 2,000 square feet of building	20% of required spaces with 60% accessible to the public
Public lodging, bed-and-breakfast	1 per 10 rooms of building	20% of required spaces with 60% accessible to the public
Manufacturing	1 per 20,000 square feet of building	90% of required spaces with 5% accessible to the public
Warehousing	1 per 50,000 square feet	90% of required spaces with 5% accessible to the public
Properties located within a recognized commercial district	Determined by approving authority at time of application	Determined by approving authority at time of application
Other commercial/industrial uses	Determined by approving authority at time of application	Determined by approving authority at time of application
Civic, Public, Institutional
Government/public uses	1 per 5,000 square feet of building	20% of required spaces with 60% accessible to the public
K-12 schools	2 per classroom	20% of required spaces with 60% accessible to the public
Religious institutions and event venues	1 per 20 seats	5% of required spaces with 75% accessible to the public
Bus, rail terminals/hubs	Spaces for 5% of projected peak A.M. period ridership	N/A
Other civic/public uses not listed	Determined by approving authority at time of application	Determined by approving authority at time of application

2. Shared bicycle parking facilities. For sites containing multiple uses or tenants or for uses on adjacent properties, a single bicycle parking facility may be provided as long as the total number of bicycle parking spaces provided is equal to or greater than the sum of all of the separate uses combined, and the bicycle parking facility is located within 200 feet of each participating structure or property. Agreements to share such facilities shall be evidenced to the approving authority by a deed, lease, contract, reciprocal easement, or similar written instrument establishing the shared use, and including ongoing maintenance.

3. Additional bicycle parking space determination standards.

a. Where no requirement is designated and the use is not comparable to any of the listed uses, bicycle parking requirements shall be determined by the approving authority based on the capacity of the facility and its associated uses.

b. When the calculation of required rate(s) yields a fractional value, the fraction shall be rounded to the nearest whole number.

c. Mixed-use developments shall calculate the total number of required spaces using the appropriate use category for each use in the development.

d. Developments with multiple buildings shall calculate space requirements for each building.

e. For nonresidential uses, when the total number of spaces required equals four or fewer, the requirement may be met by providing solely publicly available short-term spaces.

4. Reduction of required vehicle spaces. The number of required vehicle parking spaces on a site may be reduced by one vehicle parking space for every four bicycle parking spaces installed on a site in compliance with this section. Vehicle parking spaces may not be reduced by more than 10% of the total number of required vehicle parking spaces.

E. Waivers from bicycle parking requirements. The requirements in this section may be reduced or waived with approval by the approving authority to the extent that the applicant can demonstrate the requirement is unnecessarily stringent or impractical due to the characteristics of the:

1. Use, structure, or facility resulting in a reduced projected frequency of bicycle use; and/or

2. Site or area preclude the installation of bicycle parking facilities.

F. Existing public bicycle parking facilities provided by the City may be permitted to count towards a portion of the bicycle spaces required for nonresidential uses, as determined by the approving authority. To be eligible, the existing spaces shall be on the same block and on the same side of the street as the property. Eligibility shall be evaluated upon request by the approving authority.

[1] Editor's Note: The title of this section was amended 2-2-2022 by Ord. No. 1812.

Sec. 39-9.04 Principal dwelling units.

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

A. A Characteristics of a single dwelling unit include:

[Amended 2-2-2022 by Ord. No. 1812]

•	One mailbox;
•	Entrances to the dwelling enter common living space(s);
•	Full and equal access to all portions of the dwelling;
•	No separate independent access to only one part of the dwelling;
•	Single utility connection for water/sewer/electric;
•	Smoke detectors are interconnected throughout the home on all floors;
•	Occupants form a single housekeeping group and there is only one lease for the swelling (if rented).

B. Detached dwelling units.

1. Gross floor area: 500 square feet minimum. This requirement may be waived in a planned unit development by the approving authority.

2. Width: 22 feet minimum width measured horizontally along each building elevation excluding the garage. This requirement may be waived in a planned unit development by the approving authority.

[Amended 2-2-2022 by Ord. No. 1812]

3. Pitched roof required. Sixty percent of the structure of a single detached dwelling unit shall be constructed with a pitched roof that has a minimum slope of three inches of rise for every 12 inches of horizontal dimension (3:12 slope).

4. Foundation. All single detached dwellings shall be constructed on a permanent, continuous foundation.

5. Exempt. Manufactured homes located in a licensed manufactured housing community shall be exempt from this section.

C. Attached dwelling units.

1. Gross floor area: 300 square feet minimum.

2. Storage space required: 200 cubic feet of storage space shall be provided for each unit when there are five or more attached dwelling units located on a single property. The storage space shall have a floor area of at least 18 square feet and may either be within the dwelling unit or in a common space located in the same building as the unit.

D. Conversions of principal dwelling units. A conversion from a single detached dwelling unit to attached dwelling units or from attached dwelling units to a single detached dwelling unit shall be permitted by the Zoning Administrator and as allowed by the Building Code.

1. Zone districts permitted. Conversions are permitted in any zone district where the converted use is permitted.

E. Attached garages. The vehicle entrance to an attached garage shall have a minimum sixteen-foot setback from the front and secondary street property lines.

[Added 2-2-2022 by Ord. No. 1812]

Sec. 39-9.05 Accessory structures requiring setbacks.

[7-21-2021 by Ord. No. 1796; amended 12-1-2021 by Ord. No. 1805; 2-2-2022 by Ord. No. 1812; 7-20-2022 by Ord. No. 1819; 9-3-2025 by Ord. No. 1852]

A. Definition. An "accessory structure" is a subordinate structure on the same property as a principal structure, such as a shed or garage.

B. Permits are required for all accessory structures (Section 39-12.02).

C. Accessory structures for residential dwellings with one to four units.

1. Maximum number of accessory structures per property.

Acres	Maximum Number of Accessory Structures
2 or less	2
Greater than 2	4

2. Height. Accessory structures shall be a maximum of 16 feet in height, as measured to the mean (middle) height between the peak and the eave. See Section 39-1.07D. Exception: Properties in an historic district may have additional height, up to 20 feet, to meet the architectural style of the home with a certificate of appropriateness (CoA).

3. Pitched roof required. All accessory structures shall be constructed with a pitched roof that has a minimum slope of three inches of rise for every 12 inches of horizontal dimension (3:12 slope).

4. Use of attic space. Any upper story or attic space in an accessory structure shall not be 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 section shall not apply if the upper story is approved as an accessory dwelling unit (ADU). See Section 39-9.07.

5. Setbacks.

a. Front yard: shall have the same minimum setback as required for principal structures.

b. Side and rear yards: shall be located a minimum of three feet from all side and rear property lines.

c. Secondary street frontage yard: shall have the same minimum setback as required for principal structures.

d. Other structures: shall be located a minimum of three feet from any other structure on the property (principal or accessory).

e. The vehicle entrance to detached garage shall have a minimum sixteen-foot setback from the front and secondary street property lines.

6. In the CNR Zone District, the maximum footprint of any accessory structure shall be 576 square feet.

D. Accessory structures for all uses other than residential dwellings with one to four units.

1. There shall be no maximum number of accessory structures.

2. Height. Accessory structures shall be a maximum of 20 feet in height, as measured to the mean height between the peak and the eave. See Section 39-1.07D.

3. Setbacks.

a. Front yard. Accessory structures shall not be located in the required front yard setback.

b. Side and rear yards: shall be located a minimum of 10 feet from all side and rear property lines.

c. Secondary street frontage yard: shall have a minimum setback from the secondary street frontage of 16 feet.

d. Between structures: shall be located a minimum of 10 feet from any principal or other accessory structure on the property.

e. Accessory structures 120 square feet or less in area and 12 feet or less in height shall have a minimum setback requirement of three feet from all lot lines.

Sec. 39-9.06 Accessory structures allowed in required setbacks.

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

A. Placement. The placement of these accessory structures is deemed to be consistent with the intent and purpose of maintaining open yards in all zone districts. Therefore, they shall not be required to meet the setbacks for accessory structures, except as required in this section. These items shall not count towards the number of accessory structures in Section 39-9.05

[Amended 2-2-2022 by Ord. No. 1812; 2-1-2023 by Ord. No. 1834]

B. Uncovered porches, stairs, patios, and decks.

1. Height: maximum three feet in height.

2. Setbacks: shall be required to meet 50% of the minimum setback requirement for the zone district when located in the front, secondary street, side, or rear yards, but shall be set back a minimum of two feet from all property lines.

3. Exempt. If at grade, the structure shall be exempt from this section and all setback requirements.

C. Permanent equipment.

1. Types allowed: HVAC (heating ventilation, air-conditioning), emergency generators, and other similar equipment.

2. Setbacks. Equipment shall be set back a minimum of two feet from the side and rear property lines and a minimum of five feet from a secondary street property line; shall not be permitted in front yards.

D. Architectural features.

1. Types: bay windows, chimneys, awnings, and other similar features.

2. Wall face allowance: 25% maximum of each wall face.

3. Projection from wall: three feet maximum.

4. Setback: shall be set back a minimum of three feet from all property lines.

E. Eaves: may project three feet from the wall face and shall be set back at least two feet from all property lines.

[Amended 2-1-2023 by Ord. No. 1834]

F. Uncovered barrier-free access ramps: shall be set back a minimum of three feet from all property lines.

G. Swimming pools, hot tubs, and saunas.

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

1. Setback: shall be set back a minimum of 3 feet from the rear and side property lines; shall not be permitted in front or secondary street yards.

2. Additional requirements. Swimming pools, hot tubs, and saunas shall meet the requirements of Chapter 14 of the Code of Ordinances and the Michigan Building Code.

H. Fences: Section 39-9.08.

I. Miscellaneous structures.

1. Types allowable in any yard: arbors, trellises, landscaping, yard ornaments, statues, flagpoles, laundry drying lines or devices, pole-mounted lights, signs as permitted by Article 39-8, fences per Section 39-9.08, barbecues, picnic tables, playground equipment, rain barrels, refuse storage facilities in accordance with Chapter 27 of the Code of Ordinances, mailboxes in accordance with federal law, and other similar structures.

2. Type allowable only in rear yard: outdoor game courts.

3. Setbacks: none required.

J. Encroachments into the right-of-way shall maintain a clearance of eight feet from grade and shall obtain a revocable license agreement (RLA) or an air easement from City Council prior to obtaining a permit.

K. Elevated bridges. Located between nonresidential buildings, under common ownership, used for HVAC equipment or other similiar equipment and pedestrian access shall be allowed with zero setback.

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

L. Gazebos, pergolas and picnic shelters.

[Added 9-4-2024 by Ord. No. 1845]

1. Types allowed: This section shall be used for freestanding structures used and intended for recreation, outdoor dining and other similar uses. Structures used for parking or storage shall be regulated by 39-9.05.

2. Construction: Structures with a solid roof and open on all sides, no walls.

3. Size: Residential uses (10 - four units), 200 square feet or less; All other uses, 120 square feet or less.

4. A permit is required, but these structures shall not count toward the maximum number of structures allowed on the property.

5. Setback: Shall be setback a minimum of three feet from other structures, rear and side property lines. Shall not be permitted in the front or secondary street yards.

Sec. 39-9.07 Accessory dwelling units (ADUs).

[7-21-2021 by Ord. No. 1796; amended 10-20-2021 by Ord. No. 1804; 12-1-2021 by Ord. No. 1805]

A. Definition. 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.

B. Zone districts permitted: LDR, MDR, TNR, GMU, and PUD, provided that they are only on properties with one single detached dwelling unit and meet the standards of this section.

C. Application process. Application for an ADU shall be made to the Zoning Administrator and shall include the following information:

1. Scaled and dimensioned site plan of the property showing the following:

a. Location of all structures on the property (principal and accessory structures).

b. Proposed location of the ADU.

c. Setbacks of the proposed ADU from the property lines and all structures.

d. Designated parking area for the ADU.

e. Landscaping or fencing for the ADU.

2. Scaled and dimensioned floor plan of the ADU, showing the following:

a. Kitchen.

b. Bathroom.

c. Sleeping area.

d. Entry stairs, porches, or entrances.

e. Total square footage of the ADU.

f. Gross square footage of principal dwelling unit.

3. Scaled elevations of all sides of the ADU, including windows, doors, porches, and other exterior features.

D. Review process.

1. Approving authority. The Zoning Administrator shall be the approving authority and shall use the criteria listed in Subsection E.

2. Notice to adjacent property owners. After the Zoning Administrator receives a complete application for an ADU, and determines that the plan meets all of the standards for approval, a notice shall be provided to all property owners within a radius of 300 feet of the subject property with a description of the ADU request. See Section 39-12.06C.

3. A notified property owner may request a special exception public hearing and review by the Board of Appeals. To initiate a hearing by the Board of Appeals, the noticed neighbor shall provide a written request to the Zoning Administrator describing the specific reasons for the request. The Board of Appeals may approve an ADU with conditions if necessary to ensure compatibility with adjoining or nearby residential properties, or to protect the health, safety, and general welfare of the neighbors or the public.

E. Standards for approval. The Zoning Administrator or Board of Appeals shall review the ADU using the following standards:

1. Number allowed: one ADU maximum shall be permitted on a property.

2. Location and setbacks.

a. Front yard. An ADU shall not be permitted in a required front setback.

b. Side yard: shall meet the minimum side yard setback for principal structures in the zone district. See Article 39-2.

c. Secondary street. An ADU shall meet the minimum secondary street yard setback for principal structures in the zone district. See Article 39-2.

d. Rear yard: shall meet the minimum side yard setback for principal structures in the zone district. See Article 39-2.

3. Size and occupancy. An ADU shall comply with the size and occupancy requirements of the following chart:

[Amended 2-1-2023 by Ord. No. 1834]

	Minimum Lot Size	Minimum Lot Width	Permitted ADU Size	Maximum Number of Occupants*
Tier 1	—	—	200 sf to 720 sf, not to exceed 35% of the gross floor area of the principal dwelling unit above grade	3 people
Tier 2	9,600 sf	60 ft	200 sf to 800 sf, not to exceed 50% of the gross floor area of the principal dwelling unit above grade	4 people

*The number of occupants in an ADU shall not exceed the space requirements of Section 14-4.15 of the Code of Ordinances.

4. Height. An ADU located on the first floor shall have a maximum average height of 16 feet. An ADU located on the second floor shall have a maximum average height of 22 feet.

5. Occupancy. Either the principal dwelling unit or the ADU shall be owner-occupied.

[Amended 2-1-2023 by Ord. No. 1834]

6. Property requirements.

a. An ADU shall only be constructed on a property with a single detached dwelling unit.

b. A property with an ADU shall not have a short-term rental or a bed-and-breakfast on the same property.

c. An ADU shall count towards the maximum number of permitted accessory structures on the lot, as described in Section 39-9.05.

[Amended 2-1-2023 by Ord. No. 1834]

d. An ADU shall not be allowed in the area defined as the Hope Neighborhood Overlay District. See Section 39-2.21.

e. An ADU shall be connected to an approved water and sewer system.

f. The utilities for the ADU shall not be metered separately.

g. An ADU shall not be sold separately.

[Added 2-1-2023 by Ord. No. 1834]

h. The ADU shall have one dedicated parking space in addition to one parking space for the single-family home.

[Added 2-1-2023 by Ord. No. 1834]

7. Impact.

a. An ADU located in any zone district shall receive an infill design review per Section 39-9.09 to ensure character compatibility with the neighborhood.

b. The ADU shall not result in an excessive increase in traffic, parking congestion, or noise.

c. The placement, orientation, and location of the windows and doors of the ADU shall not infringe on the privacy of the surrounding neighborhood.

d. Adequate landscaping and/or a six-foot-high fence shall be installed to screen an ADU from an adjacent property when the ADU is located on the ground floor.

F. Post approval requirements. Construction may commence on an ADU following approval by the Zoning Administrator or Board of Appeals, infill design review, and the issuance of a building permit. After ADU construction is complete and a certificate of occupancy has been obtained, the property owner shall record a document with the County Register of Deeds notifying potential buyers of the ADU requirements specified in this section.

Sec. 39-9.08 Fences.

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

A. General standards. These standards shall apply to fences as an accessory structure in all zone districts.

1. Permit. A permit from the Zoning Administrator is required prior to construction or installation of any fence. See Sections 39-12.02 and 39-12.04.

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

2. Gates. Gates shall not swing over public sidewalks.

3. Drainage easement restriction. Only chain-link fences are permitted within a drainage easement.

4. Thirty feet from a property line. A fence may be installed at the maximum height allowed in the zone district, if located at least 30 feet from the front or secondary street property line.

5. Floodway. Fences shall not be permitted within a floodway.

6. Pools. Fences that serve as an enclosure for a swimming pool shall meet the permit requirements and standards of the State of Michigan Building Code and the height and setback requirements of Section 39-9.05.

7. Measuring fence height. The fence body determines the fence height, and is measured from the grade below the fence, to the top of the fence body. Posts may be up to six inches above the fence body. There will be an additional tolerance of up to three inches due to grade changes along the fence.

8. Exempt. Freestanding fence sections less than 16 feet in length are considered landscaping and not a fence. These features shall not require a permit but shall meet all required setbacks.

B. Specific standards.

1. Unrestricted height. Fences of unrestricted height shall be allowed for recreational fields and other uses as determined by the Zoning Administrator or by the approving authority during the site plan review process.

2. Flag lots. The owner of a flag lot may request permission from the Zoning Administrator for approval to install a fence in their front or side yard, if the same fence could be legally installed in the side or rear yard of the adjoining property.

3. Through properties are permitted a six-foot-tall fence in the designated rear yard. If there are two street frontages of equal dimension, the front property line shall be along the street where a minimum of 40% of the buildings along the same side of the street face and the rear property line shall be opposite.

4. Historic district. Additional approval from the Historic District Commission is required within an historic district.

C. Minimum setbacks.

1. Front yard: one foot from the property line when a public sidewalk exists.

2. Secondary street frontage yard: same as for the front yard. See chart in Section 39-9.08F for additional allowances for residential structures.

3. Side or rear yard: no minimum setback.

4. Clear vision corner: measured as 20 feet on each street corner. Clear vision corners shall not have a fence or landscaping taller than three feet in height.

D. Fence materials and maintenance.

1. Fences shall be constructed of wood, wrought-iron, bricks, masonry, plastic, or other materials designed for permanent outdoor fencing.

2. Wood fences shall be constructed of cedar, redwood, or other decay-resistant wood.

3. Fences shall be maintained in good repair and safe condition.

4. Peeling, flaking, and chipped coating shall be eliminated and surfaces shall be recoated.

5. Slats in chain-link fence, barbed, razor, concertina, electrified and similar wire fence, as well as fabric, tarps, and materials not traditionally used for fencing are prohibited.

E. Fence types.

1. Open fence: A freestanding fence that is more than 50% open when viewed from an angle perpendicular to the fence.

2. Solid fence: A freestanding fence or wall that is 50% or less open when viewed from an angle perpendicular to the fence. The fence shall provide reasonable sound-blocking properties.

F. Fence height maximums.

	Residential (1 to 4 Dwelling Units)		Industrial Uses		All Other Uses
Location	Solid (feet)	Open (feet)	Solid (feet)	Open (feet)	Solid (feet)	Open (feet)
Front yard	3	4	4		4
Side yard	6		8		6
Behind the principal structure on the secondary street frontage	6 with a 5-foot setback from the property line		N/A	N/A	N/A	N/A
Rear yard	6		8		6
Clear vision area	3		3		3

Maximum Fence Heights (Residential)

Maximum Fence Heights (Nonresidential)

Sec. 39-9.09 Infill design review standards.

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

A. Intent. The intent of this section is to:

1. Protect the visual character and economic stability of the neighborhoods located primarily within the CNR Cottage Neighborhood Residential and the TNR Traditional Neighborhood Residential Zone Districts.

2. Preserve and protect the public welfare and property values in these established residential neighborhoods.

3. Eliminate design incompatibility, promote complementary design, and enable a diversity of styles that maintain the attractiveness of the residential neighborhoods.

4. Provide reasonable deviations from the standards of review where necessary to include features that facilitate access to persons with disabilities or limited mobility.

B. Applicability. The standards of this section shall apply in the following circumstances:

1. CNR and TNR Zone Districts.

a. Construction of new residential structures.

b. Accessory structure construction or relocation on residential properties when greater than 256 square feet in area with a horizontal dimension of 16 feet or greater.

c. New nonresidential structures and additions to existing nonresidential structures.

d. Enclosure of a front porch.

e. Adding an additional story to a structure.

f. Substantial changes to increase the height of any story or the overall height of a structure.

g. Reconstruction or substantially altering a structure if 50% or more of the exterior shell is demolished or substantially altered due to fire, storm, or other circumstances.[1]

[1] Editor's Note: Former Subsection B1h, Exception, which immediately followed, was redesignated as Subsection B4 2-2-2022 by Ord. No. 1812

2. Moving a house: when a dwelling unit is proposed to be moved from any location to a property within the CNR, TNR, LDR, MDR, or HDR Zone Districts.

3. Accessory dwelling units (ADUs), in any zone district where they are permitted. See Article 39-2 and Section 39-9.07.

4. Exception. Construction subject to Historic District Commission approval shall not be subject to this section.

C. Standards.

[Amended 9-4-2024 by Ord. No. 1845]

1. Building setbacks. Building setbacks shall comply with the zone district setback requirements.

2. Height. Building height shall comply with the zone district height requirements.

3. First floor elevation height: shall not be higher than the average height of the first floor elevations of the principal structures on each side of the infill property. The first floor elevation shall be measured as the height above the ground elevation from the center line of the fronting street.

4. Scale. Finished floor elevations, height of exposed basement walls, and front yard grade elevations shall be similar to those of adjacent dwellings.

5. Width and general proportions: shall be consistent with or similar to the character of the neighborhood.

6. Form, massing, and directional emphasis: shall conform to the established horizontal or vertical character of the neighborhood and the neighborhood's established building form and massing characteristics.

7. Facade, materials, and detail: shall be consistent with the neighborhood's discernible patterns of detail, including, but not limited to, door and window trim, corner boards, cornice details, railings, and shutters. Materials, siding width, and relative proportions of doors and windows shall be compatible with neighborhood character. Exposed wood shall be painted or stained in a manner generally compatible with other buildings on the property and with the neighborhood character.

8. Porches: whether enclosed or not, shall be similar in design to existing porches in the neighborhood. Enclosed porches may be allowed when the prevailing character of the neighborhood includes open front porches as long as the design is consistent with those porches that are open.

9. Roof style and pitch: shall be architecturally consistent with the prevailing neighborhood character.

10. Building separation: shall be consistent with the character of the neighborhood.

11. Orientation. Front facades and primary entrances of principal structures shall face a street. Garages and accessory dwelling units shall be oriented consistent with the character of garage orientations in the neighborhood.

12. Alleys. If the property has access to an alley, vehicle access to the property may be limited to the alley.

D. Review procedures.

1. An application shall be submitted to the Community and Neighborhood Services Department (CNS) that includes:

a. Site plan with scaled dimensions showing the placement of all structures.

b. Elevation sketches that are detailed and scaled or photographs of the front and side elevations of all proposed structures.

c. Additional information as reasonably necessary to assure compliance with standards.

2. CNS shall provide public notice to all properties within 300 feet of the infill property.

3. CNS shall approve, approve with conditions, or deny an application within 21 days, but not sooner than 15 days, after public notice is given. This time period may be extended upon mutual agreement of the applicant and the City. No decision within this time period shall be a denial.

4. For infill properties also requiring site plan approval, the Planning Commission shall conduct the infill design review.

[Amended 2-2-2022 by Ord. No. 1812]

5. Expiration of approval. An infill review is valid for 18 months. If a building permit is not issued within the eighteen-month approval period, the infill review expires. Infill reviews may be eligible for a one-year extension if application is made and approval is granted prior to the original expiration date.

[Added 2-2-2022 by Ord. No. 1812]

E. Appeals procedure.

1. Any noticed resident may request that the Planning Commission undertake the infill design review instead of the CNS Department, if a written request is received by the CNS Department no later than 15 days after the notice was postmarked.

2. Appeal of CNS decision. The applicant or a noticed resident may appeal a CNS Department decision no more than 10 days after approval by providing a written request to the Planning Commission.

a. If a noticed resident appeals the CNS decision, they shall specify how the proposed design, in their opinion, does not meet the standards of this section. The appeal shall stay all further proceedings and shall be heard by the Planning Commission at its next regularly scheduled public hearing. The Planning Commission shall review only the resident's specified concerns with the proposed design to determine if the design meets the standards of this section, in the opinion of Planning Commission. The Planning Commission shall then sustain or modify the CNS Department's determination.

3. Appeal of a Planning Commission decision. The applicant may appeal the Planning Commission decision within 10 days of the Planning Commission decision by providing a written request to the Board of Appeals. The appeal shall stay all further proceedings and shall be heard by the Board of Appeals at its next regularly scheduled public hearing. The Board of Appeals shall then sustain or modify the Planning Commission's determination.

4. Appeal of a Board of Appeals decision. The applicant may appeal the Board of Appeals decision to Circuit Court.

F. Definitions.

1.

INFILL PROPERTY

The property to be considered for infill design review.

2.

NEIGHBORHOOD

Generally defined as within 300 feet in either direction along street frontages, unless otherwise defined by CNS due to unique characteristics of the immediate surroundings. CNS shall notify the applicant of any change to the definition of "neighborhood" for a given application.

Sec. 39-9.10 Fair housing accommodation policy.

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

A. Intent. It is the policy of the City of Holland, pursuant to the Federal Fair Housing Act and the Michigan Elliot Larsen Civil Rights Act[1] (hereafter "fair housing laws"), to provide individuals with disabilities reasonable accommodation in rules, practices, and procedures to ensure equal access to housing and to facilitate the development of housing for individuals with disabilities. The intent of this section is to provide a procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief from the application of zoning regulations, policies, practices, and procedures that will further the City's compliance with fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities.

[1] Editor's Note: See MCLA § 37.2101 et seq.

B. Definitions. For purposes of this section, the following terms shall be defined as:

1.

ELIGIBLE PERSON

A person who is an individual with a disability, their representative, or a developer or a provider of housing for individuals with disabilities.

2.

INDIVIDUAL WITH A DISABILITY

Someone who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having such impairment, or anyone with a record of such impairment. This term shall not include current, illegal use of, or addiction to, a controlled substance as defined in 21 U.S.C. § 802.

3.

PERSON

An individual, partnership, limited-liability company, corporation, or other entity.

4.

REASONABLE ACCOMMODATION

Providing eligible persons with flexibility in the application of zoning regulations, policies, practices, and procedures, or even granting variances from certain requirements, when it is necessary to eliminate barriers to equal housing opportunities.

5.

REQUEST FOR REASONABLE ACCOMMODATION

A request by any individual with a disability, their representative, a developer or a provider of housing for individuals with disabilities, when the application of a zoning regulation, policy, practice, or procedure acts as a barrier to fair housing opportunities.

C. Notice of Fair Housing Assistance Policy.

1. Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the Community and Neighborhood Services Department, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the Community and Neighborhood Services Department.

2. The notice shall indicate that the Community and Neighborhood Services Department will provide an applicant with assistance in filing a request for reasonable accommodation or an appeal from a decision on such request so that the process is accessible.

D. Application process.

1. The Board of Appeals shall have the jurisdiction and power to grant a special exception from the non-use requirements of the zoning requirements in UDO where necessary to provide reasonable accommodation to allow individuals with disabilities to have reasonable access to housing in the City of Holland.

2. A special exception is not necessary for state-licensed adult foster care homes to the extent that state law preempts local zoning and may exist legally without the special exception.

3. An eligible person may request a reasonable accommodation in zoning regulations, policies, practices, and procedures.

4. Timing of application. A request for reasonable accommodation in regulations, policies, practices, and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

E. Required contents of application requests for reasonable accommodation shall be made in writing and shall be filed with the Zoning Administrator providing the following information:

1. Name and address of the individual(s) requesting reasonable accommodation, or property owners if different.

2. Address and parcel number of the property for which the accommodation is requested.

3. Evidence that the request is for an individual with a disability under fair housing laws.

4. Description of the requested accommodation and the regulation(s) or procedure(s) for which accommodation is sought.

5. Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

6. All alternative accommodations and other options that have been considered by the applicant.

7. Evidence of whether the property is within 500 feet of another property granted accommodations for use by five or more unrelated persons under this section.

8. The written consent of the property owner.

F. Confidentiality. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, except as may be required by the Michigan Freedom of Information Act.[2]

[2] Editor's Note: See MCLA § 15.231 et seq.

G. Decisions and notice to applicant.

1. The Board of Appeals shall issue a decision on a request for reasonable accommodation within 45 days from the date a complete application has been filed with the Clerk and may either grant, grant with modifications or conditions, or deny a request for reasonable accommodation in accordance with the criteria below.

2. If necessary to reach a determination on the request for reasonable accommodation, the Board of Appeals may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the forty-five-day period to issue a decision is stayed until the applicant completely responds to the request.

3. If the Board of Appeals fails to render a decision on the request for reasonable accommodation within the 45 days from the date a complete application has been filed with the Zoning Administrator, the request shall be deemed granted.

4. The written decision of the Board of Appeals shall explain in detail the basis of the decision, including its findings on the criteria set forth in Section 39-12.12D.6. The decision shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. A copy of the decision shall be provided to the applicant or sent to the applicant by first class mail.

[Amended 2-1-2023 by Ord. No. 1834]

5. The written decision of the Board of Appeals shall be final unless an applicant appeals it to the Circuit Court.

6. Effect of zoning pending a determination. While a request for reasonable accommodation is pending, all zoning regulations, policies, practices, and procedures otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

7. Appeals. An applicant may appeal a decision by the Board of Appeals as provided by statute.

Sec. 39-9.11 Boarders.

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

A. Intent. The intent of this section is to enable a property owner to rent out one room in their dwelling unit to a single boarder in addition to rooms occupied by a single family. Compliance with this section is required prior to renting a room.

B. Application. To request permission for one boarder, the property owner shall submit the following information:

1. A written description of the request that includes the property address, property owner's name, address, and phone number.

2. A dimensioned site plan, delineating areas designated for off-street parking, with one parking space designated for the boarder.

3. A dimensioned building floor plan of the dwelling unit, delineating a minimum of 200 square feet of area that will be dedicated for use by the boarder.

4. A written summary of any physical changes that will be made to the building to accommodate the boarder. Physical changes resulting in additional dwelling units shall be prohibited.

C. Approval criteria.

1. The Zoning Administrator shall review the request and ensure that the property conforms in all respects to zoning, housing, building, plumbing, heating, and electrical codes, including historic district regulations if applicable, and any other codes or regulations of the City applicable to the construction or rental of residential dwelling units. The property shall be registered and inspected as required by Chapter 14 of the Code of Ordinances.

2. Habitable floor area. The floor area of the dwelling, exclusive of unfinished basement or attic space, shall have a minimum of 200 square feet of habitable area dedicated exclusively for use by the boarder. Areas dedicated to the boarder shall have interior access to common areas, including living and kitchen areas.

3. Utilities shall not be separately metered for each sleeping room.

4. Allowing a boarder shall not increase the number of dwelling units.

5. Boarders shall not be allowed in the Hope Neighborhood Overlay District. See Section 39-2.21.

D. Approval time frame. Within five business days of receiving a written request, the Zoning Administrator shall review the approval criteria and provide a written notification to the property owner either approving or denying the request and shall provide the reasons if denied.

E. Penalty. Violations of this section shall be administered as provided in Sections 14-4.34(a) and 14-4.38 of the City's Code of Ordinances.

Sec. 39-9.12 Essential services.

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

A. Definition. See Article 39-14, Definitions.

B. Examples: utility wires and pipes, electrical transformers, lift stations, etc.

C. Zone districts permitted. Essential services are allowed in all zone districts without zoning approval.

Sec. 39-9.13 Medical marihuana (marijuana).

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

A. Definitions. The following definitions shall apply to this section:

1.

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(d), MCLA § 333.26423(d). The term "medical marijuana" shall have the same meaning.

2.

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 § 333.26423(d).

3.

PRIMARY CAREGIVER

A person who qualifies as a primary caregiver as defined in MCLA § 333.26423(g).

4.

QUALIFYING PATIENT

A person who qualifies as a qualifying patient as defined in MCLA § 333.26423(h) and (k).

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. The 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 their principal residence for their 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 applicable requirements for primary caregivers in Section 39-9.13D.

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 and in Article 39-2. A primary caregiver may also be a qualifying patient.

1. Procedure for approval.

a. A primary caregiver who meets the criteria for a medical marihuana home occupation under this section shall be allowed only if the property owner or tenant first obtains a permit from the Zoning Administrator, subject to ongoing compliance with this section.

b. 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.

c. The Zoning Administrator shall issue a permit for a medical marihuana home occupation within 15 calendar days if the Zoning Administrator determines that:

1) The application is complete; and

2) The applicant complies with this section.

d. Confidentiality. 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,[1] or by another 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.

[1] Editor's Note: See MCLA 15.231 et seq.

e. Appeals. Appeals from the Zoning Administrator's decision shall be made to the Board of Appeals.

2. Design and operational requirements.

a. A medical marihuana home occupation shall be clearly accessory to the principal residential use of the dwelling.

b. The medical marihuana home occupation shall be limited to a maximum of 50% of the floor area of one story of the dwelling.

c. 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.

d. 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.

e. There shall be no exterior alteration in the residential character of the premises in connection with the medical marihuana home occupation.

f. The medical marihuana home occupation shall not generate noise, vibrations, smoke, dust, odor, heat, or glare 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 zone district used for residential purposes.

g. No signage is permitted for a medical marihuana home occupation.

h. There shall be a maximum of one medical marihuana home occupation per dwelling.

i. There shall be not more than one primary caregiver engaged in the medical use of marihuana per dwelling.

j. A medical marihuana home occupation shall not have employees who do not reside in the dwelling. The primary caregiver shall reside in the dwelling.

k. 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.

l. Marihuana shall be kept in a fully enclosed, locked room or enclosure accessible only by the primary caregiver.

m. 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.

n. An owner or tenant shall arrange for, and comply with, an inspection conducted to determine compliance with this section, prior to operation of a medical marihuana home occupation.

o. 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 within the Act.

p. 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.

q. The home occupation shall not require additional on-street or off-street parking.

r. 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 common to residential property. Such deliveries and pickups shall not require a vehicle larger than a step-type van.

s. The medical marihuana home occupation shall not be within 1,000 feet of a preexisting public or private school providing education in kindergarten or any of grades 1 through 12 or within 100 feet of a public or private youth center or public swimming pool.

E. Annual renewal of permit. A permit for a medical marihuana home occupation shall be renewed annually upon determination that the medical marihuana home occupation continues to comply with the criteria of this section. The applicant for renewal shall arrange for, and comply with, an inspection conducted to determine compliance with this section.

F. 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 section.

G. Federal preemption.

1. Since federal law is not affected by the Act, nothing in this section, or in any companion regulatory provision or any other provision of UDO, is intended to grant, nor shall be construed as granting, immunity from criminal prosecution under federal law. Neither UDO 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.

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.

H. City regulations. The Community and Neighborhood Services Department may adopt or amend rules pursuant to Chapters 1 through 7 of the City of Holland Code of Ordinances, subject to approval by City Council, as necessary to govern the procedures and interpretation of this section.

I. Uses permitted under Public Act 281 of 2016 (commercial-scale medical marihuana). Nothing in this section shall be taken to authorize or permit marijuana uses regulated under Public Act 281 of 2016 within the City of Holland.

J. Uses permitted under Initiated Law 1 of 2018 (recreational marijuana). Marijuana establishments, as authorized by, and defined in, the Michigan Regulation and Taxation of Marijuana Act[2] ("MRTMA"), are prohibited in all zone districts, and shall not be permitted as home occupations or businesses under UDO.

[2] Editor's Note: See MCLA § 333.27591 et seq.

Sec. 39-9.14 Vehicle repair at residential properties.

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

A. General standards. These standards shall apply to residential dwellings (one to four units) where the property contains a garage or detached accessory structure that is used for auto repair work as an accessory use.

B. Specific standards. Mechanical work and repair of motor vehicles, recreational vehicles, boats, travel trailers and other similar vehicles is allowed, provided the following criteria are met:

1. Not more than one vehicle shall be under repair at any given time.

2. The vehicle under repair shall be licensed to and registered in the name of the dwelling occupant and shall be solely for the personal use of the dwelling occupant.

3. There shall be no outside storage of vehicle parts, equipment or tools.

4. There shall be no heavy equipment stored at the property.

5. All repair work shall be conducted inside of a fully enclosed garage or legal accessory structure.

6. Repair activities shall not create excessive noise, vibration, smoke, dust, heat, odor or other nuisance to neighboring properties.

C. Vehicle repair is prohibited at properties with more than four residential dwelling units unless otherwise allowed by UDO, Chapter 39.

Sec. 39-9.15 Building clear vision corner.

[Added 2-1-2023 by Ord. No. 1834]

Regardless of the Zone District, buildings with a zero to three-foot setback from a corner property line shall demonstrate to the satisfaction of the approving authority that the design will enable a clear view of approaching vehicle traffic in the street and pedestrian/bicycle traffic on the sidewalk. This shall apply to all new buildings and additions, and may be done in conjunction with the requirements of Section 39-3.17.