Holland City Zoning Code
ARTICLE 39
1 Introduction, Toolbox, and Legal Provisions
Sec. 39-1.01 What is a Unified Development Ordinance (UDO)?
A.
A unique approach in land use regulation by combining or referencing all development related ordinances and codes. The City of Holland's Unified Development Ordinance (UDO) combines the City's existing Zoning, Streets and Sidewalks, Tree, and Subdivision Ordinances, traditionally divided into multiple ordinances, into a single, graphic-heavy, user-friendly, regulatory document. UDO also references additional development related codes such as the International Fire Code (IFC) and the Holland Board of Public Works (HBPW) Terms of Service.
B.
When to use UDO. The requirements of UDO shall be met for all new construction and for all exterior renovations, additions, or site alterations. See Section 39-12.01 to determine the approval process for each project.
C.
UDO implements the City's Master Plan. It does this through zoning standard requirements that implement the goals that were developed through public input and adopted by City Council.
UDO is a legal document where the Master Plan is a policy document. If there is a conflict between UDO and the Master Plan, UDO shall govern.
D.
UDO promotes resiliency. Many of the goals of the City's Master Plan regard developing a more economically, environmentally, and socially resilient community.
1.
Mixed-use development. A primary way to achieve resiliency through zoning is by enabling mixed-use development in most areas of the City.
a.
This best planning and zoning practice locates housing close to employment and amenities, which promotes resilient practices.
b.
UDO achieves this by changing all commercial zone districts into mixed-use zone districts and allows for some mixed-use development in residential and industrial zone districts as well.
c.
Resilient practices promoted by mixed-use development:
• | A reduction in the total vehicle miles traveled, resulting in lower greenhouse gas emissions, lower community costs, and decreased traffic congestion. |
• | Complete neighborhoods where residents can live, work, and play. |
• | Livelier urban spaces with public gathering places and a variety of shops, restaurants, and entertainment. |
• | Vibrant commercial areas that provide retail and services. |
• | Compact development that helps preserve open space. |
• | Efficient use of services and infrastructure, resulting in cost savings for the public. |
• | More nonmotorized transportation opportunities, such as walking and bicycling. |
• | Preserving property values by enabling developers and property owners to gain value from multiple market segments at once. |
• | Decreased need for pavement, which leads to less stormwater runoff causing flooding and poor surface water quality. |
[1]
Editor's Note: This ordinance also repealed former Ch. 39, Zoning, adopted by Ord. No. 464, as amended. Ordinance No. 1797, adopted 7-21-2021, also repealed former Ch. 39, Zoning.
Sec. 39-1.02 What is hybrid zoning?
[7-21-2021 by Ord. No. 1796]
A.
Context sensitive approach. Hybrid zoning recognizes the need for context sensitive zoning so that each area of the City has purposeful zone districts and zoning standards to preserve or enhance the area's specific character and to enable appropriate uses in that area. UDO implements hybrid zoning to seamlessly meld four zoning types found throughout the City of Holland. Each zoning type is organized by placing more or less emphasis on these zoning elements: separation of uses, mixed uses, character via form and design, general and site plan standards, and process. See Section 39-1.02C.
B.
The four hybrid zoning types.
1.
Conventional zoning. This is the traditional, historic zoning type, which focuses on the separation of uses. Zone districts following this zoning type only allow a mixture of uses on separate properties. An example of a conventional zone district is LDR Low Density Residential.
2.
Conventional and mixed-use zoning. This is a new and innovative zoning type that enables a small percentage of mixed uses on the same property. An example of a conventional and mixed-use zone district is HDR High Density Residential that permits a maximum of 25% of a multifamily development to contain certain commercial uses.
3.
Mixed-use zoning. This best practice enables mixed uses to be located on the same property, which is extremely important as discussed in Section 39-1.01D. An example of a mixed-use zone district is CMU Corridor Mixed Use where commercial and residential uses are permitted and residential uses do not have a density maximum.
4.
Form-based code. The Form-Based Code Zone District is broken-up into subdistricts depending on the context of the area. Form-based code encourages mixed-use development and is specifically attentive to the form, design, and character of each area. Instead of being organized by permitted uses as the other zoning types are, form-based code subdistricts are organized by building and frontage types and by building envelope dimensional standards. An example of a form-based code zone district is F-CDT Form-Based Code Central Downtown which focuses on preserving the character of the Downtown Holland.
C.
Hybrid zoning types and zoning elements. The graphic below depicts the four hybrid zoning types in UDO. The importance of each of the zoning elements is depicted by the size of the circles. Each of the City's zone districts is provided below the graphic indicating which hybrid zoning type each uses. Section 39-1.05 provides the Zoning Map used to determine which zone district each property is located in, within the City.
Conventional Zoning | Conventional and Mixed-Use Zoning | Mixed-Use Zoning | Form-Based Code | ||||
|---|---|---|---|---|---|---|---|
 | |  |  | ||||
 | LDR Low Density Residential |  | HDR High Density Residential |  | NMU Neighborhood Mixed Use |  | F-CDT Central Downtown |
 | CNR Cottage Neighborhood |  | MHR Manufactured Housing Community |  | CMU Corridor Mixed Use |  | F-NDT North Downtown |
 | MDR Medium Density Residential |  | I Industrial |  | RMU Redevelopment Mixed Use |  | F-EDT East Downtown |
 | TNR Traditional Neighborhood |  | GMU Greenfield Mixed Use |  | F-WDT Waterfront Downtown | ||
 | A Airport |  | PUD Planned Unit Development |  | F-CENT Centennial | ||
 | OS Open Space |  | F-RM River Michigan | ||||
 | F-SIXT Sixteenth Street | ||||||
 | F-WASH Washington Boulevard | ||||||
 | F-SSV South Shore Village | ||||||
Sec. 39-1.03 What is form-based code?
[7-21-2021 by Ord. No. 1796]
A.
Organizing principles. Unlike the conventional, conventional and mixed-use, and mixed-use zoning types, which are organized by allowable uses and dimensional standards, the form-based code zoning type is organized by the following principles:
1. | Regulating plan which is an additional layer to the Zoning Map that establishes the nine form-based code subdistricts based on the desired character for each area. |
 | Building types allowed in each subdistrict that provide the private realm character. |
 | Frontage types allowed in each subdistrict that guide how a building and the private realm interact with the public realm: the streets and sidewalks. |
 | Building envelopes for each subdistrict that provide dimensional standards. |
Sec. 39-1.04 Zone districts established.
[7-21-2021 by Ord. No. 1796]
A.
The transect. In addition to being informed by the zoning types, the standards for each zone district in UDO have also been developed based on the transect. The transect is a context-sensitive planning approach based on, in general, the decrease of lot sizes and increase of land uses allowed from natural to urban character. This approach is critical to ensure that the standards set forth in each zone district meet the specific needs of each area, neighborhood or corridor of the City of Holland.
 |
B.
Zone district boundaries. The boundaries of the zone districts are hereby established as shown on the Zoning Map in Section 39-1.05. All notations, references, and other information on the Map shall be considered fully and completely part of UDO.
C.
Classification of annexed areas. Whenever any area is annexed to the City, if such an area was subject to zoning regulations at the time of such annexation, the following classifications shall be applied, pending an overall analysis and adoption of new City zoning regulations with respect to the area:
1.
Areas previously zoned for industrial uses shall become an I Industrial Zone District.
2.
Areas previously zoned for commercial uses shall become a CMU Corridor Mixed Use Zone District.
3.
Areas previously zoned for residential uses shall become a LDR Low Density Residential Zone District.
4.
Areas previously zoned for agricultural uses shall become an LDR Low Density Residential Zone District.
5.
Whenever an unzoned area is annexed to the City, such area shall become an LDR Low Density Residential Zone District.
Sec. 39-1.05 Zoning Map.
[7-21-2021 by Ord. No. 1796; amended 5-3-2023 by Ord. No. 1835; 10-4-2023 by Ord. No. 1838]
 |
Sec. 39-1.06 How to use UDO.
[7-21-2021 by Ord. No. 1796; amended 10-20-2021 by Ord. No. 1804]
A.
Frequently asked questions.
 | See the Zoning Map (Section 39-1.05), which will tell you which zone district your property is located in. |
 | See the Summary Use Table (Section 39-2.03). F-Form-Based Code Zone District properties: See Article 39-3. |
 | See the Summary Dimensional Standards Tables to determine dimensional standards per zone district (Section 39-2.04). F-Form-Based Code Zone District properties: See Article 39-3. See Toolbox for how to measure building setbacks and height (Section 39-1.07). |
 | See the Toolbox to learn how to determine front, side, secondary street, and rear property lines (Section 39-1.07C.1). |
 | |
 | Each residential unit requires a minimum of 1 parking space. |
 | See signage standards (Article 39-8). |
 | Italicized words are defined in Article 39-14 or in the section where the term is used. |
 | See Article 39-12 to determine applicable review processes and procedures. Section 39-12.01 provides a review process table by application type. |
B.
Review Processes Flowchart.
 |
Sec. 39-1.07 Toolbox.
[7-21-2021 by Ord. No. 1796]
The title of this chapter is the "City of Holland's Unified Development Ordinance," abbreviated "UDO."
Sec. 39-1.08 Title.
[7-21-2021 by Ord. No. 1796]
The fundamental purpose of UDO is to promote the health, safety, and welfare of the inhabitants of the City by:
A.
Promoting the orderly development of the City by implementing the goals and action steps identified in the City of Holland's Master Plan, following City policies, and identifying land uses suitable for properties to protect allowable uses against incompatible uses of land;
B.
Encouraging City-wide resiliency through smart, low-impact development and stormwater management that preserves and protects the natural and built elements of the City;
C.
Promoting the economic progress of the City by preserving and growing the established commercial business districts and developing additional commercial business and residential mixed-use nodes throughout the City;
D.
Preserving and establishing walkable areas by intentionally focusing on building form, urban design, and how the building frontages interact with the public street;
E.
Enhancing the City's multimodal network and providing for the efficient movement and parking of vehicular and nonmotorized transportation;
F.
Beautifying the City by enhancing its urban tree canopy and being attentive to site design and landscaping; and
G.
Reducing the hazards to life and property, promoting traffic safety, and providing protection from the spread of fire and other hazards.
Sec. 39-1.09 Purpose.
[7-21-2021 by Ord. No. 1796]
A.
The provisions of UDO shall be held as minimum requirements adopted for the promotion of the public health, safety, and general welfare of the residents, businesses, property owners, and occupants of the City of Holland. Among other purposes, the provisions of UDO are intended to promote the health, safety, economic vitality, and environmental sustainability of the City.
B.
Adoption of UDO is not intended to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of the City's other laws or ordinances, except those specifically repealed at the time of the adoption of UDO.
C.
UDO does not supersede any private restrictions placed upon property by covenant, deed, or other private agreement more restrictive than UDO. Where UDO imposes a stricter restriction than is imposed by a private restriction, the provisions of UDO shall govern.
D.
Images in UDO are included to aid in the interpretation of the text, but are not regulatory. If there is any conflict between an image and text, the text shall govern.
Sec. 39-1.10 Interpretation.
[7-21-2021 by Ord. No. 1796]
A.
Whenever any provision of UDO imposes more stringent requirements than required by the provisions of any other City ordinance or any county, state, or federal law or regulation, then the provisions of UDO shall govern, except if exempted by state or federal statute.
B.
Whenever any provision of UDO imposes less stringent requirements than required by the provisions of any other City ordinance or any county, state, or federal law or regulation, then the provisions of the other ordinance, law, or regulation shall govern.
Sec. 39-1.11 Conflicting regulations.
[7-21-2021 by Ord. No. 1796]
The various articles, sections, parts, paragraphs, sentences, and clauses of UDO are hereby declared to be severable. If any of them are adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of UDO shall not be affected thereby.
Sec. 39-1.12 Severability.
[7-21-2021 by Ord. No. 1796]
UDO is enacted pursuant to Public Act 110 of the Public Acts of 2006, the Michigan Zoning Enabling Act, as amended, and Public Act 288 of the Public Acts of 1967, the Michigan Land Division Act.[1]
[1]
Editor's Note: See MCLA § 125.3101 et seq. and MCLA § 560.101 et seq., respectively.
Sec. 39-1.13 Legal basis.
[7-21-2021 by Ord. No. 1796]
Except as otherwise specified in UDO (through waiver/variance/special exception processes), no structure or premises shall be used or occupied, and no building or part thereof shall be erected, razed, moved, placed, reconstructed, extended, enlarged, or altered, except in compliance with the regulations set forth in UDO.
Sec. 39-1.14 Compliance with regulations.
[7-21-2021 by Ord. No. 1796]
UDO was adopted by the City Council of Holland on July 21, 2021, and became effective on August 11, 2021.