To accommodate or house a greater number of persons or families than permitted by the zoning district.

To have narrower or smaller rear yards, front yards, or other side yards, other than permitted.

Restoring unsafe buildings. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the Building Inspector or the Allegan County Health Department. A building or structure condemned by the Building Inspector may be restored to safe condition, provided change of use or occupancy is not contemplated nor compelled by reason of such reconstruction or restoration; except that if the damage or cost of reconstruction or restoration is equal to or in excess of its state equalized value, the structure shall be made to comply in all respects with the requirements for materials and methods of construction of structures hereafter erected.

Structure to have access. Every principal structure hereafter erected or moved shall be in a lot adjacent to a public street, or with access to an approved private street, and all structures shall be located on lots as to provide safe and convenient access for servicing fire protection and required off-street parking.

Minimum dwelling unit size. The minimum size for any dwelling unit within the City of Fennville shall be 350 square feet in area.

Where the accessory building or structure is structurally attached to a main building, it shall be subject to and must conform to all regulations of this chapter applicable to the main building.

Accessory buildings and structures shall only be permitted in the side or rear yard.

No detached accessory building or structure shall be located closer than 10 feet to any main building, nor shall it be located closer than five feet to any side or rear lot line.

Except for approved accessory dwelling units (ADUs), no detached accessory building shall exceed one story or 14 feet in height.

When an accessory building or structure is located on a corner lot, the rear yard shall be the portion of the yard that is opposite the building's primary entrance and not located within the side yard. In no instance shall an accessory building be located nearer than 20 feet to a side yard street right-of-way line.

Accessory buildings and structures shall not be subject to permit requirements if 120 square feet or less in area.

There shall be a minimum distance of not less than 10 feet, between the adjoining property line, or alley right-of-way and the outside of the pool wall. The side yard setback shall apply to side yards greater than 10 feet.

There shall be a distance of not less than four feet between the outside pool wall and any building located on the same lot.

No swimming pool shall be located less than 35 feet from any front lot line.

No swimming pool shall be located in any easement.

Two lots. If each of the two adjacent lots in question has both frontage and area measurements that equal or exceed the individual frontage and area measurements of at least 60% of the total number of developed lots within 400 feet on both sides of the same street, each of said lots in question shall be construed to be in character with the neighborhood. If not, the two lots shall be considered a single lot.

Three lots. If each of the three lots in common ownership has both frontage and area measurements that equal or exceed the individual frontage and area measurements of at least 60% of the total number of developed lots within 400 feet on both sides of the same street, each of said lots shall be construed to be in character with the neighborhood. If not, the three lots shall be considered one or two lots meeting the zone district requirements.

Four or more lots. If each of the four or more lots in common ownership are less than the minimum requirements, they shall be resubdivided into one, two, or three lots meeting the zone district requirements.

Small satellite dish antennas, as defined in § 450-302, are not subject to regulation by the City.

A large satellite dish antenna is defined as any satellite dish antenna which is not a small satellite dish antenna. The following regulations shall apply to all large satellite dish antennas:

Substantial rebuilding of a fence is considered reconstruction of more than 50% of the structure (as determined by either value or amount of materials), a change in the height of the structure, or a change from the existing material within a twelve-month period. Painting, cleaning, replacement of like materials, or other actions commonly considered as general maintenance shall not be defined as "substantial rebuilding."

Fences shall not be permitted within a floodplain or floodway.

Fence height is measured from the grade below the fence, to the top of the fence.

Stability, materials, and maintenance.

Corner and driveway clearance. No fence, wall, shrubbery, sign, or other obstruction to vision above a height of 24 inches from established street grades shall be permitted within the triangular area formed:

Fences in residential districts, or residential uses in mixed-use districts.

Fences in nonresidential districts.

Intent. It is the intent of this chapter to permit legal nonconforming lots, structures, or uses to continue until they are removed but not to encourage their expansion.

It is recognized that there are, lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments.

Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, except as provided below, nor shall nonconformities be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on.

Notwithstanding limitations imposed by other provisions of this chapter, a single-family detached dwelling and customary accessory buildings in zoning districts that permit single-family dwellings, may be erected on any single lot of record on the effective date of adoption or amendment of this chapter.

The provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are required in the district; provided that yard dimensions and other requirements not involving area or width or both (e.g., setbacks) of the lot shall conform to the regulations for the district in which such lot is located.

Nonresidential uses on nonconforming lots can be permitted, provided that the proposed use is permitted for the district of which it is located. All other requirements, such as setbacks, landscaping, and other applicable site features, shall be established in full conformance with this chapter.

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter; and

If such nonconforming use of land ceases for any reason for a period of more than six consecutive months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

No such structure may be enlarged, altered, or rebuilt in a way which increases its nonconformity.

Should such structure be moved for any reason, any distance whatever, it shall thereafter conform to the regulations for the district in which it is located.

In the event any nonconforming building or structure shall be damaged by fire, wind, or similar catastrophe, the same shall be permitted to be rebuilt, provided it does not exceed the size, floor area, height, and placement of the original building or structure.

No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for the nonconforming uses, and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside the building.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

When a nonconforming use of a structure, or structure and land in combination, is discontinued or ceases to exist for six consecutive months, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be excepted from this provision.

Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

Temporary buildings for nonresidential use, including semi-trucks/trailers and concrete batch plants, shall be permitted only when the intended use is by a contractor or builder in conjunction with a construction project, and only after review and approval by the Building Official. Such temporary structures shall be removed immediately upon completion of the construction project and prior to a request for a certificate of occupancy for the project.

A building or structure may be approved for temporary residential use only while damage to the principal dwelling due to fire, flood, ice, wind, or other natural disaster is being repaired. Any such temporary building shall not be used as a residence without prior review and approval by the Police, Fire, and Building Officials.

The Zoning Administrator may grant a permit for temporary use of land and structures for temporary special events, provided that adequate off-street parking is provided, specification of the exact duration of the temporary use is provided, and all electrical and utility connections shall be identified and approved by the Zoning Administrator and all other applicable personnel, such as the Fire Marshal, police staff, and/or Building Official. Temporary event permits shall not exceed a period of 30 days. Temporary events may include:

A temporary building or structure shall not be used as an accessory building or structure.

All temporary structures shall be removed upon expiration of the one-year permit period.

The house to be used as such an office is built upon a lot approved as part of the approved subdivision and is of substantially similar design as those houses to be sold within the subdivision.

No retail sales or business other than that accessory to the management and sales of the land in the subdivision owned by the applicant shall be permitted.

Said dwelling house shall meet all other zoning restrictions of the zone in which it is located.

Allowed only in any zoning district as an accessory use in a residential dwelling unit which is the principal dwelling place of the occupant operating the home occupation.

Class I home occupations are to be primarily limited service and professional activities, including, without limitation: dressmaking/tailoring, music, art, and dance instruction (limited to no more than six students at a time during a single class), author, artist, musician, clerk, computer internet marketing, bookkeeper, income tax preparation, photography instruction and studio, and beauty salon.

Activity is allowed to be conducted within the dwelling only.

No mechanical equipment is installed except such as would be normally used for purely domestic or household purposes.

The home occupation shall involve no employees.

There is no external evidence of the home occupation except for a small sign, not larger than nine square feet in area.

Maximum floor area — that not over 25% of the total actual floor area of any story is used for home occupation or professional purposes.

Only merchandise produced as a result of the home occupation or sold as a normal product used in conjunction with the service activity may be sold.

No home occupation activity may create a nuisance to adjoining properties by reason of noise, smoke, odor, electrical disturbance, night lighting, or increased and unreasonable traffic.

Allowed only in any zoning district within a residential dwelling unit as an accessory use with special land use approval on the lot on which the principal dwelling unit of the occupant operating the home occupation is located.

Class II home occupations are to be limited to small-scale retail sales of goods and small-scale wholesale activities or sales of goods. An accessory structure may be used for such sales, and for storage of goods, materials and equipment related to the home occupation. Parking of one commercial vehicle (semi-trailers are prohibited) used in conjunction with the home occupation is allowed on the lot in an approved parking area.

Maximum space allowed — no more than 25% of the total actual floor area of the dwelling unit in which the home occupation is operated may be used for such purpose; provided that, if the dwelling unit contains more than one story, the home occupation shall be limited to one story and the size limitation shall apply to the total floor area of that story. Additionally, 100% of floor space of an approved accessory building located on the same lot or parcel as the dwelling unit may be used for the home occupation.

No outdoor storage or activity is permitted.

No more than one employee shall be permitted that does not reside in the home.

Hours of operation are limited to 8:00 a.m. to 8:00 p.m. every day of the week.

No external evidence of the home occupation except for a small sign, not larger than nine square feet in area.

No home occupation activity may create a nuisance to adjoining properties by reason of noise, smoke, odor, electrical disturbance, night lighting, or increased and unreasonable traffic.

The Zoning Administrator or designee will review the application to determine whether the application and proposed use conforms with the following standards: