Holland City Zoning Code
ARTICLE 39
12 Application Review Processes and Administration
Sec. 39-12.01 Intent.
[7-21-2021 by Ord. No. 1796]
A.
This article establishes the processes used for the review of development applications.
[Amended 7-20-2022 by Ord. No. 1819]
How to use this article: | |
1. | Determine the review process required per application type from the table in Section 39-12.02. |
2. | Learn about the approving authorities for each review process in Section 39-12.03. |
3. | Zoning Administrator review and permit process: See Section 39-12.04. |
4. | For all other review processes: general review process requirements in Section 39-12.05. |
5. | Administrative review process: Section 39-12.06. |
6. | |
7. | Determine the application materials and site plan components required per review process from the tables in Section 39-12.09. |
8. | |
9. | Post-site plan approval requirements. See Section 39-12.11. |
10. | Violations information: See Section 39-12.13. |
Sec. 39-12.02 Review processes and approving authorities tables.
[7-21-2021 by Ord. No. 1796; amended 10-20-2021 by Ord. No. 1804; 12-1-2021 by Ord. No. 1805; 2-2-2022 by Ord. No. 1812; 7-20-2022 by Ord. No. 1819; 5-3-2023 by Ord. No. 1835; 9-4-2024 by Ord. No. 1845]
All zone districts | ||||||
|---|---|---|---|---|---|---|
Application Type | Zoning Administrator/ Zoning Permit | Administrative Review Staff | Planning Commission | City Council | Board of Appeals | Other Required Approval |
Site improvements with no structural changes | Final determination | — | — | — | — | — |
Accessory structures(other than in PUD, A, and F Zone Districts) | Final determination | — | — | — | — | HDC approval in historic districts |
Signs (other than in PUD, A, and F Zone Districts) | Final determination | — | — | — | — | HDC approval in historic districts |
Fences (other than in PUD, A, and F Zone Districts) | Final determination | — | — | — | — | HDC approval in historic districts |
Outdoor cafes where restaurant uses are allowed (private property) | Final determination | — | — | — | — | DRB review for F subdistricts downtown |
Sidewalk cafes where restaurant uses are allowed (public property) | Final determination | — | — | — | — | DRB review for F subdistricts downtown Approval of insurance and indemnification by City Attorney |
Accessory dwelling units | Final determination | — | — | — | Final determination if special exception requested | Infill design review if not in historic districts HDC approval in historic districts Noticed neighbors may request Board of Appeals special exception |
Special land uses | — | Recommendation | Final determination | — | — | Public workshop in PUD and F Zone Districts DDA recommendation for F subdistricts downtown |
Rezoning and conditional rezoning | — | Recommendation | Recommendation | Final determination | — | Public outreach workshop (exempt rezoning to LDR, MDR, or CNR) DDA recommendation for downtown F subdistricts |
Text amendment (UDO or Master Plan) | — | Recommendation | Recommendation | Final determination | — | — |
Special exception | — | — | — | — | Final Determination | — |
Variance | — | — | — | — | Final determination | — |
Nonconformities | — | — | — | — | Final determination | — |
UDO interpretation | Final determination | — | — | — | Final determination if appealed | — |
Lot split or combination | Final determination | — | — | — | — | Assessor approval |
Site condominium | — | Recommendation | Final determination | — | — | Use Zoning District to establish review process. If zone district does not establish process then Planning Commission will be the Approving Authority |
Traditional condominium | — | Recommendation | Final determination | — | — | Use Zoning District to establish review process. If zone district does not establish process then Planning Commission will be the Approving Authority |
Subdivision plat | — | Recommendation | Recommendation | Final determination | — | Use Zoning District to establish review process. If zone district does not establish process then Planning Commission will be the Approving Authority |
Zone Districts LDR, CNR, MDR, TNR, HDR, MHR | ||||||
|---|---|---|---|---|---|---|
Application Type | Zoning Administrator/ Zoning Permit | Administrative Review Staff | Planning Commission | City Council | Board of Appeals | Other Required Approval |
1 residential building with 1 to 4 units (new and additions) | Final determination | — | — | — | — | Infill design review (CNR and TNR) HDC approval in historic districts |
New nonresidential buildings | — | Recommendation | Final determination | — | — | Infill design review (CNR and TNR) HDC approval in historic districts |
Nonresidential building additions | Less than 1,000 square feet Final determination | 1,000 square feet or greater Final determination | — | — | — | HDC approval in historic districts |
Conversions of residential dwelling units | Final determination | — | — | — | Final determination if special exception requested | HDC approval in historic districts |
HDR only: more than one residential building with 1 to 4 units (new and additions) | — | Recommendation | Final determination | — | — | — |
HDR only: new buildings with 5 or more residential dwellings units and mixed uses | — | Recommendation | Final determination | — | — | — |
Zone Districts NMU, CMU, RMU, GMU, ED | ||||||
|---|---|---|---|---|---|---|
Application Type | Zoning Administrator/ Zoning Permit | Administrative Review Staff | Planning Commission | City Council | Board of Appeals | Other Required Approval |
One residential building with 1 to 4 units | Final determination | — | — | — | — | — |
New mixed-use | 1,000 square feet or less Final determination | Greater than 1,000 square feet Final determination | — | — | — | Noticed neighbors may request Planning Commission review (for administrative review only) |
All nonresidential | 1,000 square feet or less Final determination | Greater than 1,000 square feet Final determination | — | — | — | Noticed neighbors may request Planning Commission review (for administrative review only) |
New buildings with 5+ residential dwelling units | — | Recommendation | Final determination | — | — | Noticed neighbors may request Planning Commission review (for administrative review only) |
Building additions (other than ED) | 1,000 square feet or less Final determination | Greater than 1,000 square feet Final determination | — | — | — | Noticed neighbors may request Planning Commission review (for administrative review only) |
More than 1 residential building with 1 to 4 units | — | Final determination | — | — | — | — |
ED only: single residential detached dwellings with 1 to 4 units | Final determination | — | — | — | — | — |
ED only: building additions | Final determination | — | — | — | — | — |
NMU, CMU, RMU, GMU only: (commercial parking waiver/reduction) | — | — | Final determination | — | — | — |
Zone District I | ||||||
|---|---|---|---|---|---|---|
Application Type | Zoning Administrator/ Zoning Permit | Administrative Review Staff | Planning Commission | City Council | Board of Appeals | Other Required Approval |
East or south of US-31 New buildings | Less than 1,000 square feet Final determination | — | — | — | — | Noticed neighbors may request Planning Commission review (for administrative review only) |
West or north of US-31 New buildings | Less than 1,000 square feet Final determination | 1,000 square feet or greater not adjacent to a residential zone district: final determination 1,000 square feet or greater and adjacent to residential zone district: recommendation | 1,000 square feet or greater and adjacent to residential zone district Final determination | — | — | Noticed neighbors may request Planning Commission review (for administrative review only) |
Building additions | 10,000 square feet or less Final determination | Greater than 10,000 square feet Final determination | — | — | — | Noticed neighbors may request Planning Commission review (for administrative review only) |
Zone District A | ||||||
|---|---|---|---|---|---|---|
Application Type | Zoning Administrator/ Zoning Permit | Administrative Review Staff | Planning Commission | City Council | Board of Appeals | Other Required Approval |
New buildings | Final determination | — | — | — | — | West Michigan Airport Authority recommendation |
Site improvements with no changes to principal building | Final determination | — | — | — | — | West Michigan Airport Authority recommendation |
Signs and fences | Final determination | — | — | — | — | West Michigan Airport Authority recommendation |
Zone District PUD | ||||||
|---|---|---|---|---|---|---|
Application Type | Zoning Administrator/ Zoning Permit | Administrative Review Staff | Planning Commission | City Council | Board of Appeals | Other Required Approval |
New buildings and site elements1 | — | Recommendation | Final determination | — | — | Public outreach workshop |
Site improvements with no changes to principal building | — | Final determination if minor addition | Final determination in conjunction with a site plan review or major addition | — | — | — |
Signs | Permit issued | Recommendation | Final determination | — | — | HDC approval in historic districts Standards defined in PUD agreement |
Fences | Permit issued | Recommendation | Final determination | — | — | Standards defined in PUD agreement |
Fences and signs (not in conjunction with a site plan) | Final determination based on PUD agreement | — | — | — | — | HDC approval in historic districts |
NOTE: | |
1 | Site elements include all nonstructure aspects of site design. For example: utilities, lighting, landscaping, or parking. |
Zone District OS | ||||||
|---|---|---|---|---|---|---|
Application Type | Zoning Administrator/ Zoning Permit | Administrative Review Staff | Planning Commission | City Council | Board of Appeals | Other Required Approval |
New buildings | 1,000 square feet or less | Over 1,000 square feet | — | — | — | — |
Building additions | 1,000 square feet or less | Over 1,000 square feet | — | — | — | — |
Zone Districts F-WDT, NDT, CDT, EDT, and CENT | ||||||
|---|---|---|---|---|---|---|
Application Type | Zoning Administrator/ Zoning Permit | Administrative Review Staff | Planning Commission | City Council | Board of Appeals | Other Required Approval |
New buildings or additions | — | Less than 500 square feet: final determination 500 square feet or greater: recommendation | 500 square feet or greater: final determination | — | — | If 500 square feet or greater: public outreach workshop and DDA recommendation Less than 500 square feet: noticed neighbors may request Planning Commission review |
Accessory buildings (not in conjunction with site plan) | 200 square feet or less Final determination | Over 200 square feet Final determination | — | — | — | Noticed neighbors may request Planning Commission review (for administrative review only) DDA recommendation |
Form-based code standards waiver | — | Recommendation | Final determination | — | — | DDA recommendation |
Signs | Final determination | — | — | — | — | DRB review |
Fences | Final determination | — | — | — | — | DDA recommendation |
Facade changes or modifications | 25% or less of one façade Final determination | More than 25% of one façade Final determination | — | — | — | More than 25% of one façade DDA recommendation |
Zone Districts F-RM, SIXT, WASH and SSV | ||||||
|---|---|---|---|---|---|---|
Application Type | Zoning Administrator/ Zoning Permit | Administrative Review Staff | Planning Commission | City Council | Board of Appeals | Other Required Approval |
New buildings or additions | — | Less than 500 square feet: final determination 500 square feet: or greater: recommendation | 500 square feet: or greater: final determination | — | — | Less than 500 square feet: noticed neighbors may request Planning Commission review |
Accessory buildings (not in conjunction with site plan) | 200 square feet or less Final determination | Greater than 200 square feet Final determination | — | — | — | Noticed neighbors may request Planning Commission review (for administrative review only) |
Form-based code standards waiver | — | Recommendation | Final determination | — | — | — |
Signs and fences | Final determination | — | — | — | — | — |
Sec. 39-12.03 Approving authorities established.
[7-21-2021 by Ord. No. 1796]
A.
Intent. This section shall authorize staff, commissions, and boards to review and make determinations on application types, as specified in Section 39-12.02. The approving authorities include the: Zoning Administrator or their designated staff, Administrative Review Staff or their designated staff, Planning Commission, Board of Appeals, Historic District Commission, Downtown Development Authority (DDA), Design Review Board (DRB), West Michigan Airport Authority, and City Council. Their functions in development review are described in this section.
[Amended 5-3-2023 by Ord. No. 1835]
B.
Zoning Administrator: staff member responsible for making staff-level interpretations and administering zoning functions such as: approval of residential dwellings with one to four units, accessory structures, fencing, and signage.
C.
Administrative Review Staff. The Administrative Review Staff reviews and makes determinations on administrative review applications and provides recommendations to planning staff and the Planning Commission. Administrative Review Staff are generally comprised of the Senior Planner; Municipal Planner; Zoning Administrator; City Engineer; Fire Marshal; Holland Board of Public Works Water/Wastewater, Pollution Control, Electric, and Communications Engineers; Director of Parks and Recreation Department; the Director of Community and Neighborhood Services Department; the Chief of the Department of Public Safety; and the DDA Coordinator (for Downtown developments).
[Amended 5-3-2023 by Ord. No. 1835]
D.
Planning Commission. The Planning Commission is responsible for reviewing large development projects, re-zoning requests, ordinance text amendments and updating the City’s Master Plan. The Commission is comprised of nine members including the Mayor, a City Council Liaison, one staff member and six volunteer residents who are appointed by the Mayor. See Section 2-16 of the Holland Ordinance Code and the bylaws for meeting dates, times and additional information.
[Amended 9-4-2024 by Ord. No. 1845]
E.
Board of Appeals (BOA). The BOA hears applications from property owners and developers who are seeking a special exception, ordinance interpretation or a variance from UDO requirements. The Board of Appeals is comprised of a non-voting City Council liasion, six regular members and two alternate members who are appointed by City Council. See the BOA Rules and Regulations for meeting dates, times and board information.
[Amended 9-4-2024 by Ord. No. 1845]
F.
Historic District Commission (HDC). The HDC reviews proposed construction work within the five designated Historic Districts. Certificates of appropriateness (CoA) are issued, using the Secretary of Interior Standards, for construction work or property improvements that impact the exterior portion of the structure or property. HDC Staff also provides consultation for renovations that impact the National Register Downtown Historic District properties, described in Section 39-12.07.D.6.f. The HDC is comprised of seven volunteer residents and one non-voting City Council Liaison. See Section 2-100 of the Holland Ordinance Code and the HDC Bylaws for meeting dates, times and additional information.
[Amended 9-4-2024 by Ord. No. 1845]
G.
Downtown Development Authority (DDA). The DDA oversees design, streetscape, amenities, developments, and public parking within the DDA boundary. Developments requiring site plan review located in the Downtown Form Based CodeSub-Districts (F-CDT, F-NDT, F-WDT, F-EDT, and F-CENT) require a presentation from the developer to the DDA and the DDA shall make a recommendation to Planning Commission. DDA staff also review and issue permits for signs, outdoor cafes, and sidewalk cafes located downtown. The DDA is comprised of 14 members including a City Council Liaison and the Assistant City Manager. See Section 2-97 of the Holland Ordinance Code and the bylaws for meeting dates, times and additional information.
[Amended 9-4-2024 by Ord. No. 1845]
H.
Design Review Board (DRB). The DRB, a sub-committee of the DDA , is charged with reviewing applications for permits issued by DDA staff such as signs, outdoor cafes, sidewalk cafes. The DRB is comprised of seven members with three DDA members and four design professionals.
[Amended 10-4-2023 by Ord. No. 1839; 9-4-2024 by Ord. No. 1845]
I.
West Michigan Airport Authority (WMAA). The WMAA is charged with managing the West Michigan Regional Airport. The WMAA reviews, approves, and provides recommendations to the Planning Commission on developments requiring site plan review in the Airport Overlay District. The WMAA is comprised of three City of Holland representatives and other representatives from Park Township and the City of Zeeland.
J.
City Council. The City Council's primary responsibility is to make decisions regarding the present and future of the City of Holland. In matters concerning UDO, the City Council is the final approving authority on all rezoning requests, text amendments, subdivision plats, street vacations, and adoption of ordinances. City Council is comprised of eight elected Council members and the elected Mayor.
Sec. 39-12.04 Zoning Administrator review and permit process.
[7-21-2021 by Ord. No. 1796; amended 7-20-2022 by Ord. No. 1819]
A.
Zoning applications, changes of use and permits are reviewed by the Zoning Administrator, or designee, as described in the process table in Section 39-12.02.
B.
Zoning permits are required for:
C.
Applications for a zoning permit shall be submitted to the Community and Neighborhood Services Department to ensure compliance with UDO and other applicable regulations. Application for a permit shall be made using forms provided by the Department. If additional information or materials are required to be submitted with the application form, those items will be listed on the application form along with any additional approvals that may be required.
Sec. 39-12.05 General requirements for Administrative Staff and Planning Commission review.
[7-21-2021 by Ord. No. 1796]
A.
Intent. This section specifies general review process requirements for any application type required other than a zoning permit, regardless of whether it is reviewed by the Administrative or the Planning Commission process. See Section 39-12.04.
B.
Administrative Review Team meeting. Community and Neighborhood Services (CNS) planning staff shall require this meeting with the Administrative Review Team to review a basic engineered site plan to ensure early coordination on a given development, unless determined unnecessary by CNS staff. The Administrative Review Team shall include staff from the departments listed in Section 39-12.03C.
C.
Application submittal. Per Section 39-12.09, the applicant shall submit:
[Amended 10-20-2021 by Ord. No. 1804]
• | An application. |
• | Two scaled hard copy site plans sized 24 inches by 32 inches. |
• | The application fee. |
• | The required supplementary materials. |
• | An electronic copy of everything. |
The application materials shall be submitted to the Community and Neighborhood Services Department by 5:00 p.m. 28 days prior to the Planning Commission meeting or 15 business days prior to a desired administrative review decision. Applications shall only be accepted if all required contents are provided. |
D.
Public notices of applications. Upon receipt of an application, the Community and Neighborhood Services Department shall adhere to the Michigan Zoning Enabling Act, P.A. 110 of 2006 and mail a written notice to notify property owners and occupants within a 300-foot radius. If the proposed development site borders an adjacent municipality, that municipal governmental office and the properties within 300 feet of the subject site's property lines shall both be noticed. See Section 39-12.06 and Section 39-12.07 for noticing requirements pertaining to Administrative and Planning Commission reviews.
E.
Administrative review and staff report. The Administrative Review Team shall review the application, site plan, and additional required materials and make either a determination or recommendation, depending on the application type, which shall be compiled into a staff report with conditions of approval.
G.
Time period for obtaining approval. An applicant shall have a maximum of one year from the application submittal date to obtain a final determination on the site plan. If approval is not achieved within this period, the application becomes null and void and a new application is required.
H.
Expiration of site plan approval. A site plan approval is valid for 18 months. If a building permit is not issued within the eighteen-month approval period, the site plan approval expires. Site plan approvals may be eligible for a one-year extension if application is made to and granted by the same Approving Authority which approved the site plan prior to the expiration of the site plan.
[Amended 2-21-2024 by Ord. No. 1843]
I.
Amendments to an administratively approved site plan. If modifications are requested to an approved administrative site plan prior to the completion of construction, the Administrative Review Team staff shall determine if the change requested is a minor or major amendment per the table in Section 39-12.05K, and shall then review it accordingly.
J.
Amendments to a Planning Commission approved site plan. If modifications are requested to a site plan approved by the Planning Commission prior to the completion of construction, the following table shall be used to determine if the proposed site plan amendment is a minor or major amendment.
K.
Minor and Major Amendments Table.
Change Requested  | Minor Amendment  | Major Amendment  | New Application and Fee Required | |
|---|---|---|---|---|
Structural Elements | ||||
Building setbacks | Administratively approved site plan and most Planning Commission approved site plans | Planned unit development (PUD) amendment or determined a significant change  | More than 1 setback change or major amendment | |
Building height | Administratively approved site plan and most Planning Commission approved site plans | Planned unit development (PUD) amendment or determined a significant change | Major amendment | |
Building elevations and/or materials | Administratively approved site plan and most Planning Commission approved site plans | Planned unit development (PUD) amendment or determined a significant change | Major amendment | |
Signage | All approved site plans except planned unit development (PUD) | Planned unit development (PUD) | Major amendment | |
Site Elements | ||||
Utilities and Fire Code | All approved site plans | — | Dependent on other departments | |
Lighting | Administratively approved site plan and most Planning Commission approved site plans | Planned unit development (PUD) amendment or determined a significant change | Major amendment | |
Landscaping | All approved site plans, unless determined as significant change | Determined a significant change if it would significantly change the amount of screening adjacent to residential uses | Major amendment | |
Number of parking spaces (auto/bicycle) | All approved site plans except planned unit development (PUD) | Planned unit development (PUD) amendment or determined a significant change | Major amendment | |
Parking lot design | Administratively approved site plan and most Planning Commission approved site plans | Planning Commission approved site plan determined significant | Major amendment | |
Other site plan change | All approved site plans, unless determined as significant change | Determined a significant change | Major amendment | |
Form-Based Code | ||||
Building or frontage types, architectural elements, or building envelopes | — | All approved site plans | Yes | |
Other site plan changes | All approved site plans, unless determined as significant change | Determined a significant change | Major amendment | |
NOTES: | |
 | All amendments shall comply with the zoning standards. Amendments not meeting the required zoning standards shall require a variance by the Board of Appeals. |
 | Minor amendments are administratively reviewed. |
 | Major amendments are reviewed by the Planning Commission. |
 | Significant change: if staff is concerned that the change could potentially negatively impact the health, safety, or welfare of site users and/or adjacent properties. |
Sec. 39-12.06 Administrative Staff review process for site plans.
[7-21-2021 by Ord. No. 1796]
A.
Intent. Application types requiring Administrative Review shall be subject to the standards in this section.
C.
Public notice of Administrative Review application types. Per Section 39-12.05D, written public notice shall be mailed to all property owners and occupants within a 300-foot radius of the site's property lines. Public notice for Administrative Review applications shall include the following information:
1.
The address of the subject property or properties.
2.
The application type.
3.
The nature of the development, if applicable.
4.
The date the Administrative Review determination will be made, which is a minimum of 10 days after the public notice is postmarked.
5.
Notice that the notified person may provide public comment and/or request that a public hearing be held by the Planning Commission on the proposed application, rather than Administrative Review, by submitting a detailed written statement regarding the reason for the request.
6.
The due date for the public hearing request, which shall be a minimum of seven days after the date the public notice is postmarked. If a public hearing is scheduled, the application type shall instead follow the Planning Commission review process specified in Section 39-12.07.
7.
Contact information to provide public comment or to request a public hearing.
D.
Administrative Review application decisions. One of the following application determinations shall be made by the Administrative Review Staff for Administrative Review application types and shall be made known to the applicant via a staff report.
1.
Approve. Upon determination that an application is complete and a site plan is in compliance with the standards and requirements of UDO and other ordinances, codes, and laws, the Administrative Review Staff shall approve the site plan application.
2.
Approve with conditions. Upon determination that a site plan is in compliance with the standards and requirements of UDO and other applicable ordinances, codes, and laws, except for minor additional actions, modifications, or items needed, the Administrative Review Team shall approve the site plan application subject to the conditions of approval being met.
3.
Deny. Upon determination that a site plan does not comply with the standards and regulations of UDO and/or other ordinances, codes, and laws, or requires extensive, major revisions to comply with said standards and regulations, the Administrative Review Staff shall deny the site plan application.
E.
Appeals of administrative site plan or infill design review determinations. An applicant or aggrieved party shall appeal an Administrative Review determination to the Planning Commission following the process specified in Section 39-12.12G. The appeal application shall stay action on any permit issuance.
Sec. 39-12.07 Planning Commission application types and review process.
[7-21-2021 by Ord. No. 1796]
A.
Intent. Application types requiring Planning Commission review shall be subject to the standards in this section.
B.
Final determination by Planning Commission application types.
3.
Condominiums as specified in Section 39-12.07D2.
[Amended 9-4-2024 by Ord. No. 1845]
4.
PUD planned unit developments not requiring a rezoning as specified in Section 39-12.07E.
[Amended 9-4-2024 by Ord. No. 1845]
5.
Additional waivers. If an applicant is submitting an application for a site plan, special land use, condominium or PUD under this section, they ay also request a setback or parking waiver. See Section 39-3.15 for waivers in the F Zone Districts.
[Amended 12-1-2021 by Ord. No. 1805; 2-1-2023 by Ord. No. 1834]
a.
Setback waiver. A setback waiver may be considered for approval by the Planning Commission when evidence is provided that:
b.
Parking reduction/waiver. A parking reduction or waiver may be granted by the Planning Commission for commercial uses in the NMU, CMU, GMU and RMU Zone Districts. The Planning Commission shall consider the following criteria when considering the request:
6.
Appeals of Administrative Review determinations. An application for an appeal shall be submitted to the Community and Neighborhood Services Department, which shall stay action on the issuance of any permit. The appeal application shall state the factual basis for the appeal. The Planning Commission shall hold a public hearing and shall then affirm, reverse, or otherwise modify the original Administrative Review determination, stating its finding and reasons for its action. A written copy of such findings, reasons, and actions shall be provided to the applicant and filed with the City Clerk.
C.
Planning Commission processes and procedures. The following processes and procedures shall be met during a Planning Commission review:
1.
The general review process standards specified in Section 39-12.05 shall be met for all Planning Commission review application types.
2.
Public notice of Planning Commission application types. Per Section 39-12.05D, 15 days prior to the public hearing, a written public notice shall be mailed to all property owners and occupants within a 300-foot radius of the site's property lines and notice shall be sent to the City's newspaper of regular circulation for publication. Public notice for Planning Commission review applications shall include the following information:
a.
The address of the subject property or properties.
b.
The application type.
c.
The nature of the development.
d.
The date and location of the Planning Commission public hearing.
e.
Contact information to provide public comment for Planning Commission consideration.
f.
Notice that the City of Holland will provide necessary services and auxiliary aids at the public hearing to individuals with disabilities, upon request a minimum of seven days prior to the public hearing.
3.
Planning Commission public hearing. The Planning Commission shall hold a public hearing to receive public comment on the development proposal.
4.
Application determinations. Following the public hearing, one of the following application determinations shall be made by the Planning Commission.
a.
Approve. The Planning Commission shall approve a development application upon determination that an application is complete and the proposed development is in compliance with the standards and requirements of UDO and other ordinances, codes, and laws.
b.
Approve with conditions. The Planning Commission shall approve a site plan application contingent on the applicant meeting specified conditions of approval if minor modifications are needed and if additional ordinance or code items need to still be met.
c.
Deny. The Planning Commission shall deny an application upon determination that the proposed development does not comply with the standards and regulations of UDO and/or other ordinances, codes, and laws, or requires extensive, major revisions to comply with said standards and regulations.
d.
Table. Upon determination that an application is incomplete and/or the application is not ready to be approved, approved with conditions, or denied, or upon request by the applicant, the Planning Commission may keep the public hearing open and table consideration of an application until a future Planning Commission meeting.
e.
Recording of action at Planning Commission meeting. Each action taken shall be recorded in the minutes of the Planning Commission meeting including points of discussion and additional conditions imposed by the Planning Commission in conjunction with an approval. For special land use and rezoning applications, the minutes shall record the findings of fact relative to each application and the grounds for the action taken.
5.
Appeals of Planning Commission review decisions. An application for an appeal shall be submitted to the Community and Neighborhood Services Department, which shall stay action on the issuance of any permit. The appeal application shall state the factual basis for the appeal. The Board of Appeals shall hold a public hearing and shall then affirm, reverse, or otherwise modify the original Planning Commission review determination, stating its finding and reasons for its action. A written copy of such findings, reasons, and actions shall be provided to the applicant and filed with the City Clerk. Challenges to a rezoning and appeals to a special land use decision shall be made to the Circuit Court.
6.
Additional meetings if applicable. The following meetings may be required depending on the application type and the zone district of the subject property:
a.
Concept plan framework meeting. A concept plan framework meeting shall be required with Community and Neighborhood Services (CNS) planning staff to review the framework and context of the proposed development, site, and/or rezoning to ensure the eventual site plan will meet UDO, other ordinances and laws, and the goals of the City. Additional meetings may be required or requested. This framework meeting may be waived by CNS staff if determined unnecessary.
c.
Planning Commission study session. The applicant shall present proposed development information, including site plans and building elevation plans or renderings, to the Planning Commission during the study session prior to the application submittal to obtain Planning Commission feedback. The Planning Commission shall not take any formal action at this meeting.
d.
Public outreach workshop. A public outreach workshop shall be required for the following application types:
1)
New construction in a downtown form-based code subdistrict (F-CDT, F-NDT, F-EDT, F-WDT, and F-CENT).
2)
Planned unit developments (PUDs).
3)
Rezoning of a property or properties to any zone district other than LDR, CNR, and MDR.
4)
Requirements. A mailed notice to property owners and occupants within a minimum radius of 600 feet from all development site property lines shall be provided a minimum of 15 days prior to the workshop and to the DDA if located in a downtown form-based code subdistrict. A written summary shall be provided by the applicant in the development application stating what was discussed and how the public's feedback was incorporated into the final site plan design.
e.
Downtown Development Authority (DDA) recommendation. An applicant shall be required to present a proposed development to the DDA if the subject property is located in a downtown form-based code subdistrict (F-CDT, F-NDT, F-EDT, F-WDT, F-CENT). The DDA shall provide a written recommendation to the Planning Commission, which shall be included in the staff report.
f.
National Register Historic Downtown District meeting. An applicant is required to meet with the Historic Preservation Planner and the Senior Planner if the subject property is located in the F-CDT Subdistrict and is in the National Register Historic Downtown District per the following map. The intent of this meeting is to review the proposed development's building design alignment with the United States Secretary of the Interior's Standards of the Treatment of Historic Buildings. The Planners may recommend design changes to improve historic compatibility. Comments and recommendations shall be included in the staff report to the Planning Commission.
National Register Historic Downtown District Map  |
D.
PUD planned unit development and condominium developments.
1.
PUD planned unit development application review process. The Planning Commission shall review and make an application determination (Section 39-12.07E) based on the following required PUD application items and the criteria in Section 39-2.19.
b.
Planned unit development agreement detailing the following.
1)
Site plan details.
2)
Conditions of site plan approval.
3)
A description of the property.
4)
A description of the permitted uses of the property, the density or intensity of use permitted, and the maximum height and size of buildings permitted.
5)
History of previous PUD agreements and amendments approved.
6)
Actions taken by the Planning Commission and City Council.
7)
Review and explanation of all special provisions agreed to by the applicant and City during the course of the review of the PUD site plan proposal.
8)
An explanation of all public improvements to be undertaken by the applicant or the City in conjunction with the proposed PUD.
9)
Confirmation that the proposed development meets the provisions of UDO, other ordinances or codes, and the Master Plan.
10)
Duration of the agreement and terms under which a termination date, if applicable, may be extended by mutual agreement.
2.
Condominium Application Review Processes.
[Amended 9-4-2024 by Ord. No. 1845]
a.
There are two condominium development methods: site condominiums and traditional condominiums.
c.
Condominium documents. The proposed Master Deed, including the condominium bylaws and the condominium subdivision plat, require approval prior to permit issuance. The recorded version of these aforementioned documents shall be submitted to CNS promptly after recording.
d.
Condominium review process. The Approving Authority is determined based on the zoning district. See Section 39- 12.02 process review table.
E.
Application types requiring a recommendation by Planning Commission to City Council for final determination.
1.
Rezonings. See Section 39-12.10D.1.
2.
Text or Map amendments. See Section 39-12.10D.2.
3.
Street vacations when associated with a site plan. See Section 39-12.10D.3.
4.
Subdivision plats. See Section 39-12.10D.4.
Sec. 39-12.08 Special land use review process.
[7-21-2021 by Ord. No. 1796]
A.
Intent. Special land uses are uses that have unique characteristics that require special consideration by the Planning Commission in relation to the welfare of adjacent properties and the community as a whole. The intent of this section is to specify which review standards shall be considered by the Planning Commission in making its determination.
B.
Special land use types. There are two types of special land uses:
C.
Planning Commission review process. Special land uses shall be required to follow the:
D.
Basic special land use standards. The Planning Commission shall review these standards in making a special land use application determination:
1.
UDO. The proposed use and the site plan are consistent with the intent and standards of UDO.
2.
Master Plan. The proposed use and site plan meet the goals, objectives, action steps, and the intent of the City of Holland's Master Plan.
3.
Adjacent use compatibility. The proposed use shall be designed, constructed, operated, and maintained to be compatible with adjacent uses. The site design of the proposed use shall minimize the impact of site activity in relationship to adjacent properties by considering the following:
a.
The location and screening of traffic circulation and parking areas.
b.
The location and screening of outdoor storage, outdoor activity, outdoor work areas, and mechanical equipment.
c.
Structure massing, placement, and construction materials of construction of the proposed use.
d.
Enhanced landscaping and other site amenities. Additional landscaping over and above the requirements of Article 39-6 may be required as a condition of approval for a special land use.
e.
Hours of operation. Approval of a special land use may be conditioned upon operation within specified hours to help mitigate any potential impacts on surrounding properties.
4.
Impact on traffic. The proposed arrangement of streets, driveways, sidewalks, and nonmotorized pathways respects the existing development pattern, limits access points, meets the requirements in Article 39-10, and the special land use will not impose a significant amount of additional traffic. A traffic study shall be required, unless waived by the City Engineer.
5.
Detrimental effects. The special land use shall not create excessive traffic, noise, vibration, smoke, fumes, odors, dust, glare or light that may be detrimental to adjoining properties or create a public nuisance.
6.
Public services. The special land use shall be adequately served by public infrastructure and utilities.
E.
Effect of special land use approval. Upon approval, the property of the special land use shall be deemed a conforming use permitted in the zone district in which it is proposed, subject to conditions imposed and the final determination of the site plan. Such approval shall affect only the property or portion thereof where the proposed use is located and shall remain valid regardless of change of property ownership.
F.
Special land use variances and appeals. The Board of Appeals shall have the authority to consider variances to UDO standards associated with a special land use application, but shall not have authority to impose conditions of approval. Appeals of special land uses shall go to the Circuit Court.
G.
Special land use amendment. The Planning Commission may approve a special land use amendment when a new application, a revised site plan, and additional items (as requested), are provided to the Community and Neighborhood Services Department.
Sec. 39-12.09 Application and site plan components required.
[7-21-2021 by Ord. No. 1796]
A.
Intent. This section specifies which application types require City Council review. The general City Council review process is required for all application types, and specific review processes are required per application type.
C.
General City Council review process.
1.
Planning Commission recommendation. The Planning Commission shall provide to City Council a recommendation of approval or denial for an application type listed in Section 39-12.10B.
2.
Documentation. A resolution and additional documentation shall be prepared by the Community and Neighborhood Services Department on behalf of the Planning Commission and provided to the City Council for consideration.
3.
Multiple Council meetings. City Council may require a first reading of the application at a public meeting prior to a vote.
4.
City Council may approve, table, or deny applications.
D.
Specific review processes per application type.
1.
Rezoning of a property review process. Rezoning applications may be made in combination with a site plan, PUD, or condominium application, or separately, provided that a concept plan is included in the application. The following requirements shall be met within this review process:
c.
Planning Commission shall provide a recommendation to City Council based on the following approval criteria, which City Council shall use in its final determination:
1)
The application request is aligned with the intent of UDO.
2)
The application request will further the comprehensive planning goals of the City of Holland as stated in the City's most recently adopted Master Plan.
3)
The application request will not result in unlawful exclusionary zoning or spot zoning.
4)
The proposed zone district is consistent with the Future Land Use Map of the City's Master Plan.
5)
The existing or proposed use can meet UDO standards required of the proposed zone district.
6)
The proposed zone district is consistent with the trends in land development in the general vicinity of the subject property.
d.
PUD planned unit development rezoning. See Section 39-12.07.E.1 and Section 39-12.10.D.2.
[Amended 5-3-2023 by Ord. No. 1835]
e.
Condominium rezoning. See Section 39-12.07.E.1 and Section 39-12.10.D.2.
[Amended 5-3-2023 by Ord. No. 1835]
f.
Conditional rezoning agreement. An applicant shall have the option of applying for a conditional rezoning whereby the applicant voluntarily offers certain site-specific regulations, set forth in a conditional rezoning agreement, that are equally or more limiting than the regulations that would apply to the property under the proposed zone district. Conditional rezoning agreements shall not be amendable. A conditional rezoning and agreement shall only be approved if the standards specified in Section 39-12.10D.1.c are met.
2.
Text or Map amendments review process. The City Council may amend, supplement, or change any elements of UDO and the Master Plan, including, but not limited to text, graphics, photographs, and maps, pursuant to the authority and procedures set forth in the Michigan Zoning Enabling Act, P.A. 110 of 2006, and as amended, and in the Michigan Planning Enabling Act, P.A. 33 of 2008, and as amended.[1]
[1]
Editor's Note: See MCLA § 125.3101 et seq. and MCLA § 125.3801 et seq.
3.
Street vacation review process associated with a site plan. Street vacation applications associated with a site plan shall be reviewed under the processes specified in Section 39-12.05 and Section 39-12.07 and shall also follow the process specified below:
a.
Notification to City departments. The Community and Neighborhood Services Department (CNS) shall notify the Transportation Services Department (TSD) and the Assessing Office (AO) of a proposed street vacation.
b.
Survey. The applicant shall submit a survey and legal description of the proposed right-of-way to be vacated to CNS to disseminate to TSD and AO.
c.
Assessing Office (AO) review and cost determination. The AO shall review the proposed right-of-way to be vacated and shall determine a fair market value for the subject land.
d.
Transportation Services Department (TSD) review. The TSD shall review the application and determine the impact the proposed vacation is likely to have on mobility, safety, and transportation efficiency in the City. The TSD shall provide comments and a recommendation to be included in the staff report provided to the Planning Commission.
e.
Community and Neighborhood Services (CNS) review. CNS shall review the application and determine the impact of the proposed street vacation on the physical development, economic vibrancy, and health, safety, and general welfare of the City, and how the proposed street vacation would impact the proposed site plan. CNS shall provide comments and a recommendation to be included in the staff report to the Planning Commission.
f.
g.
City Council scheduling of public hearing. The Clerk's office shall notice the City Council's street vacation public hearing in the City of Holland's newspaper of regular circulation once per week for three weeks in advance of the public hearing.
h.
City Council public hearing and action. City Council shall hold the required public hearing and shall approve, approve with conditions, or deny the application. An approval shall be accompanied by a resolution of street vacation, the survey, and the legal description.
i.
Financial obligations shall be coordinated with the City Attorney, the Assessing Office, and the Clerk's office.
j.
Street vacation applications not associated with a site plan shall not be reviewed under UDO. Contact the Transportation Services Department directly for those.
4.
Subdivision plat review process.
a.
Following a recommendation from the Planning Commission, City Council shall review the preliminary plat and provide the applicant with preliminary comments per MCLA § 560.112.
b.
City Council shall make a determination on the preliminary plat pursuant to MCLA § 560.120 applying the criteria of MCLA § 560.105, following intra-agency review.
c.
City Council shall approve the final plat if it is unchanged from the preliminary plat and if it conforms to the provisions of the Land Division Act per MCLA § 560.167.
d.
Plat amendments or divisions of a platted lot shall receive a recommendation from the Planning Commission and a final determination shall be made by City Council pursuant to MCLA §§ 560.222 through 560.229 and MCLA § 560.263 respectively.
e.
Review components.
2)
Preliminary and final plat plans shall comply with the site plan requirements specified in Section 39-12.09 and shall also include the following information:
a)
Total acreage of the proposed development and the number of lots proposed.
b)
Exact boundary lines of the development by bearings and distances with such measurements tied into an existing reference point and the boundaries of contiguous properties.
c)
Location, widths, and names of all existing or previously platted but unimproved streets, or other rights-of-way, parks, and other public open spaces, permanent buildings and structures, easements, and section and corporate lines within the proposed development and to a distance of 100 feet beyond the tract.
d)
Location and size of existing sewers, water mains, culverts, or other underground facilities within the proposed development and to a distance of 100 feet beyond the proposed subdivision plat; also indicate such data as grade invert elevations, and locations of catch basins, manholes, and hydrants.
e)
A vicinity map drawn at a scale of one inch equals 600 feet, showing boundary lines of adjoining developed and undeveloped properties within an area bounded by the nearest arterial streets or other natural boundaries, identifying the type of use and ownership of surrounding land, and showing alignments of existing streets.
Sec. 39-12.10 City Council final determination and review processes.
[7-21-2021 by Ord. No. 1796]
B.
Other permits. It shall be the responsibility of the applicant to obtain all other applicable City, county, state, or federal permits required prior to issuance of a building permit.
C.
Application for a building permit. After obtaining site plan approval, a stormwater permit, and any other required permits, the applicant may apply to the Community and Neighborhood Services Department for a building permit. Building permits for construction in a condominium development shall not be issued until a copy of the recorded master deed has been supplied to the CNS Department.
D.
Application for certificate of occupancy. Following completion of site work and construction, the applicant may apply to the Community and Neighborhood Services Department for a certificate of occupancy. It shall be the applicant's responsibility to ensure any conditions of approval have been met and to contact the Building Inspectors and City Planner for building and site inspections. A certificate of occupancy is required prior to any occupancy of the property.
E.
Property maintenance after approval. It shall be the responsibility of the property owner to maintain the property in accordance with the approved site design on a continuing basis until the property is razed, new UDO standards supersede the standards the site plan approval was based on, or a new site design is approved. Any property owner who fails to maintain an approved site plan shall be deemed in violation of the provisions of UDO and shall be subject to the violations and penalties specified in Section 39-12.13.
Sec. 39-12.11 Post site plan application approval requirements.
[7-21-2021 by Ord. No. 1796]
A.
Intent. The Board of Appeals shall have the authority to approve special exceptions, variances, nonconforming structures, uses, and properties, and hear appeals on determinations made by the Zoning Administrator and the Planning Commission. It shall use the processes specified in this section.
B.
Application submittal. Per Section 39-12.09, the applicant shall submit:
[Amended 10-20-2021 by Ord. No. 1804; 9-4-2024 by Ord. No. 1845]
• | An application. |
• | Two scaled hard copy site plans sized 24 inches by 32 inches. |
• | The application fee. |
• | The required supplementary materials. |
• | An electronic copy of everything. |
The application materials shall be submitted to the Community and Neighborhood Services Department by 5:00 p.m. 28 days prior to the Board of Appeals meeting. Applications shall only be accepted if all required contents are provided. |
C.
Public notices of applications. Upon receipt of an application, the Community and Neighborhood Services Department shall adhere to the Michigan Zoning Enabling Act, P.A. 110 of 2006 and mail a written notice to notify property owners and occupants within a 300-foot radius. If the proposed development site borders an adjacent municipality, that municipal governmental office and the properties within 300 feet of the subject site's property lines shall both be noticed. See Section 39-12.06 and Section 39-12.07 for noticing requirements pertaining to Administrative and Planning Commission reviews.
D.
Special exceptions. The Board of Appeals, after a public hearing, shall have the power to grant a special exception for the following circumstances, and based on the following criteria. Special exceptions shall not be considered variances, as specified in Section 39-12.12E, and shall instead be subject to the approval criteria described in each special exception type below.
1.
Accessory dwelling units (ADUs). This is applicable when a noticed property owner requests an ADU be reviewed as a special exception. See Section 39-9.07, Accessory dwelling units.
2.
Type 2 home-based business. This is applicable when an applicant modifies certain regulations as shown in Table 4.02G3a, such as employees, allowable floor area, on-site customers, etc.
[Amended 12-1-2021 by Ord. No. 1805]
3.
Along or within. This is applicable when an applicant requests a vertical or horizontal extension of a building along or within the established setback line that will result in a nonconforming setback in the side or rear yard.
[Amended 5-3-2023 by Ord. No. 1835]
a.
Criteria for approval. The Board of Appeals may approve the request if it finds find that the proposed use is conforming, the encroachment is in character with the existing neighborhood, and the extension of the building will not be detrimental to adjoining properties or to the neighborhood.
4.
Substandard residential lot setback reduction. This is applicable when an applicant requests a reduction in setbacks for the construction or renovation of a building located on an existing lot of record that does not meet the minimum standards of the zone district where it is located.
a.
Criteria for approval. The Board of Appeals may reduce the side setback, lot width and/or lot area requirements if it determines, with evidence provided by the applicant, that 60% or more of the lots within 300 feet of the property line along the same side of the street are developed at a lesser front, rear, or side yard, lot width and lot area than required in the zone district; the encroachment is in character with the existing neighborhood; the encroachment will not be detrimental to adjoining properties or to the neighborhood; and the proposed dwelling unit shall not be erected, built, or constructed less than 10 feet from adjoining dwelling units.
5.
Flag lots: This is applicable when a property owner requests to divide a parcel of land, located in LDR, CNR, MDR, TNR, or HDR, into two or more lots and the resulting lot(s) does not meet the minimum width requirement of the Zone District, at the front building setback.
[Amended 12-1-2021 by Ord. No. 1805; 5-3-2023 by Ord. No. 1835]
a.
Criteria of approval. The Board of Appeals may approve a flag lot request if it determines the following:
1)
The proposed flag lot shall have a twenty-foot-wide legal access to a public street;
2)
The lots shall meet the area and width requirements of the zone district where they are located. For purposes of calculating lot size and area, no portion of the lot that is less than 40 feet in width shall be considered;
3)
The property split shall be compatible and harmonious with the established character of adjacent and nearby residentially developed lands and shall not have a detrimental effect on the reasonable enjoyment of adjacent properties;
4)
The additional curb cut will not, in the opinion of the Board of Appeals, have a negative impact on traffic safety and efficiency;
5)
The property shall be served by City water and sewer;
6)
The split must comply with the Land Division Act, Master Plan, street plan, utility plan or other plans or Code of Ordinances applicable to the use or division of land, and shall conform to all of the provisions thereof; and
6.
Fair housing accommodations. This is applicable when a UDO requirement would be an impediment to providing reasonable accommodation to individuals with disabilities, based on the Fair Housing Accommodation Policy in Section 39-9.10.
[Amended 2-1-2023 by Ord. No. 1834]
a.
Criteria for approval. The Board of Appeals may grant a special exception from UDO requirements if it determines that all of the following are met:
1)
The requested accommodation is necessary to make housing available to an individual with disabilities under the Fair Housing Laws and will be used by an individual with disabilities protected under Fair Housing Laws.
2)
The requested accommodation would not impose an undue financial or administrative burden on the City.
3)
The requested accommodation would not require a fundamental alteration in the nature of the City's zoning requirements.
4)
There is not an alternative accommodation which may provide an equivalent level of benefit to the applicant.
5)
If the request is for a recovery residence, the Board of Appeals shall take the following into consideration when making its decision:
a)
The recovery residence is state-licensed as a substance use disorder facility;
b)
If it is managed under an established entity that conducts its own inspections and has its own standards for the benefit of occupants, e.g., CARF International, National Alliance for Recovery Residences (NARR) or any equivalent entity having similar requirements for membership;
c)
The proposed on-site management of the property;
d)
How the requested accommodation will benefit the people in the program; and
e)
Whether the property is within 500 feet of another property that provides similar accommodations for five or more unrelated persons.
7.
Group child-care home: to allow a private home to care for and supervise eight to 14 minor children for periods of less than 24 hours a day and for more than four weeks during a calendar year by an unrelated adult.
[Amended 11-2-2022 by Ord. No. 1830]
a.
Criteria for approval.
2)
The applicant shall provide an application with the items specified in Section 39-12.04C and the following items:
a)
Sketch floor plan of floors and rooms proposed for use in the child-care operations;
b)
Location of drives and parking areas serving the premises;
c)
Location and heights of any walls, fences, or landscape barriers, including location of gates and types of construction material; and
d)
Location of all outside play areas to be used in the child-care program and identification of any portion of the exterior premises that will be specifically excluded from use or access by child-care activities;
3)
The Board of Appeals may grant a special exception permitting the use of the residence as a group child-care home if it finds, based on the evidence submitted by the applicant and the public hearing, that all of the following exist:
a)
The group child-care home shall be located on a site with a minimum of 5,000 square feet of lot area and the proposed site shall contain a minimum of 100 square feet per child of usable outdoor play area. For purposes of this section, "usable outdoor play area" shall be defined as the area located on the lot behind the established front yard setback of the home that is available or devoted to outdoor activities, exclusive of any area occupied by a swimming pool. The area shall be free from sharp gravel, glass, or cinder, and shall be well-drained.
b)
The access drive for the group child-care home is not a shared driveway unless the applicant shall file the written consent of the abutting property owner.
c)
The proposed group child-care home shall be inspected for compliance with the Chapter 14 of the Code of Ordinances. Additional code inspection may be required as is necessary to determine compliance with regulations that are now or may be determined to be specifically applicable to group child care, and for which the City has been determined to be the enforcing agency.
d)
The proposed use of the residence for group child care shall not change the essential character of the surrounding residential area, and shall not create a nuisance in fact or law relating to vehicular parking, noise, additional congestion, or density in excess of residential uses of the property in the zone district.
e)
The grant of the special exception would not impair the health, safety, welfare, or reasonable enjoyment of adjacent or nearby residential properties.
8.
Bed-and-breakfasts with five to eight guest rooms.
a.
Criteria for approval.
9.
Nonresidential uses in CNR. Nonresidential uses in CNR shall be a maximum of 2,500 square feet unless a special exception is approved for a greater size. This pertains to new construction or additions.
a.
Criteria for approval. A special exception shall be granted only if the Board of Appeals determines that:
1)
The applicant has established, with the submittal of photographs, drawings, and elevation plans, that the proposed structure (including seasonal, temporary, and accessory structures), and uses associated with the structures will not adversely affect adjacent properties with respect to the emission and transmission of noise, smoke, dust, dirt, litter, odor, vibration, light glare, traffic congestion, emergency services, drainage, erosion, light and ventilation, surface water and groundwater quality, overcrowding of persons, sanitation, property values, general appearance, character, and other similar considerations.
2)
The development project will comply with the site design, landscaping, setback, buffering, and lighting of off-street parking area requirements in UDO.
3)
Sufficient off-street parking is provided for the proposed use.
4)
The City Engineer has approved drainage plans for the proposed structure or expansion.
b.
Conditions of approval. The Board of Appeals may approve the special exception subject to such additional conditions or restrictions as it deems necessary to assure compatibility with adjoining or nearby residential property, or to protect the health, safety, and general welfare of the neighborhood and community, including, but not limited to, the maximum number of vehicles allowed on-site.
E.
Use and non-use variances may be granted by the Board of Appeals, after a public hearing.
1.
Use variance. Use variances are required when an applicant wants to use a property for a purpose not allowed by UDO in the zone district where the property is located.
2.
Granting of a use variance. Use variances may be granted by the Board of Appeals only in cases where the applicant demonstrates, in the official record of the public hearing, that undue hardship exists by showing all of the following:
a.
The building, structure, or land cannot be reasonably used for any of the uses permitted by right or by special land use approval in the zone district in which it is located.
b.
The need for the requested variance is due to unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, shape, water, or topography and is not due to the applicant's personal or economic hardship.
c.
The proposed use will not alter the essential character of the neighborhood.
d.
The need for the requested variance is not the result of actions of the property owner or previous property owner (self-created).
3.
Non-use variances, also called dimensional variances, are required for the construction, structural change, or alteration of a building or structure when the applicant cannot meet the strict dimensional requirements, or any other non-use related standards of UDO.
4.
Granting of a non-use variance. A non-use variance may be granted by the Board of Appeals only when the applicant demonstrates, in the official record of the public hearing, that practical difficulty exists by showing all of the following:
a.
The need for the requested variance is due to unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, shape, water, or topography and is not due to the applicant's personal or economic difficulty.
b.
The need for the requested variance is not the result of actions of the property owner or previous property owners (self-created).
c.
That strict compliance with regulations governing area, setback, frontage, height, bulk, density, or other dimensional requirements will unreasonably prevent the property owner from using the property for a permitted purpose, or will render conformity with those regulations unnecessarily burdensome.
d.
The requested variance is the minimum variance necessary to do substantial justice to the applicant and to other property owners in the district.
e.
The requested variance will not cause an adverse impact on surrounding property, property values, or the use and enjoyment of property in the neighborhood or zone district.
F.
Nonconforming uses and structures. Some nonconforming uses and structures may be modified, changed or expanded after a public hearing by the Board of Appeals. Nonconforming uses may continue, but shall not be encouraged where they are incompatible with other approved uses in the zone district. Nonconforming structures may be enlarged or altered as long as the proposed change does not extend the life of the structure longer than originally designed. The Board of Appeals shall approve the requested changes after it determines, based on the factors below, that the modification, change or expansion will not be more incompatible, detrimental or create additional nuisance factors than the previous nonconforming use or structure.
1.
Nonconforming uses may be changed to another nonconforming use if the applicant can demonstrate that the proposed use will not:
a.
Adversely impact neighboring properties or decrease the value.
b.
Increase density or congestion.
c.
Be a general nuisance.
d.
Increase the amount of radioactivity, vibration, noise, odor, heat or other adverse factors.
e.
Create a general nuisance to neighbors or in the neighborhood.
f.
Require increased off-street parking, which would be detrimental to neighboring properties.
g.
Impact the health, safety and welfare of adjacent properties.
2.
Damaged uses and structures. A nonconforming use and/or structure that is damaged, deteriorated, or destroyed by fire, flood, wind, or other calamity at a value more than the state equalized value (SEV) at the time of destruction, may be restored if the Board of Appeals finds the following conditions are met:
a.
Restoration of the structure and/or use will not substantially extend the probable duration of the nonconforming structure and/or use.
b.
Restoration of the structure or use will be done with similar building materials, structural layout and design, construction methods, fixtures, and mechanical equipment, thereby limiting the possibility that such restoration will substantially extend the probable duration of the structure or use.
c.
Circumstances are such that the land occupied by the nonconforming structure or use cannot reasonably meet the criteria of the zone district.
G.
Appeal of determinations.
1.
Zoning Administrator. The Board of Appeals shall have authority to hear and decide appeals where it is alleged that there is an error in an order, requirement, permit, decision, or refusal made by the Zoning Administrator. Such an appeal shall be requested by the applicant or an aggrieved party.
2.
Planning Commission. The Board of Appeals shall have the authority to hear and decide appeals of Planning Commission determinations per Section 39-12.07C.5.
3.
Text and Map interpretations. The Board of Appeals shall have authority to hear and decide requests for text interpretations of UDO where it is alleged that there is an error made by the Zoning Administrator in their interpretation. The Board of Appeals shall make such decisions so that the intent of UDO shall be observed. Text interpretations shall be limited to the issues presented and shall be based upon a reading of UDO as a whole and shall not have the effect of amending UDO.
H.
Board of Appeals procedures.
1.
Consent of all property owners required. An application to the Board of Appeals shall be made with the written consent of all owners of the property subject to the application, or their legal representative, except for an appeal by a party challenging an approval granted to a third-party applicant for such applicant's property.
2.
Stay of proceedings. An appeal filed under this article shall stay all proceedings in furtherance of the action appealed unless the Building Official certifies to the Board of Appeals, after notice of appeal has been filed, that by reason of fact stated in the certificate a stay would, in their opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Appeals or by the Circuit Court on application, after notice to the Building Official and on due cause shown.
3.
Review criteria. In hearing and deciding appeals, the Board of Appeals review shall be based on the record presented to the Board of Appeals.
4.
Decision by the Board of Appeals. The concurring vote of a majority of the membership of the Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of an official, board, or commission made in the administration of UDO, to decide in favor of an applicant on any matter upon which the Board of Appeals has authority.
a.
Disposition and duration of decisions. The Board of Appeals may reverse, affirm, vary or modify any order, requirement, decision, or determination presented in a case within the Board of Appeals jurisdiction, and shall have all of the powers of the official, board, or commission from whom the appeal is taken, subject to the Board of Appeals' scope of review, as specified in UDO and/or by law. The Board of Appeals may remand a case for further proceedings and decisions, with or without instructions.
b.
Period of validity. Any decision of the Board of Appeals favorable to the applicant shall remain valid only as long as the information and data relating to such decision is found to be correct, and the conditions upon which the decision was based are maintained. The relief granted by the Board of Appeals shall be valid for a period not longer than one year, unless otherwise specified by the Board of Appeals, and within such period of effectiveness, actual on-site improvement of property in accordance with the approved plan, and the relief granted, under a valid building permit, shall be commenced or the grant of relief shall be deemed void.
5.
Conditions. The Board of Appeals may impose reasonable conditions in connection with an affirmative decision on an appeal, interpretation or variance request. Conditions imposed shall meet the following requirements:
a.
Be designed to protect the health, safety and welfare and the social and economic well-being of those who will use the property or activity under consideration, residents and property owners adjacent to the subject property or activity, and the community as a whole.
b.
Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.
c.
Be necessary to meet the intent of UDO, be related to the standards established in UDO, and be necessary to ensure compliance with those standards.
d.
Conditions imposed with respect to the approval of a variance shall be recorded as part of the Board of Appeals minutes, and shall remain unchanged except upon the mutual consent of the Board of Appeals and the property owner following public notice and public hearing as required.
e.
The Board of Appeals shall have no obligation to consider and/or grant a request for relief unless and until a conforming and complete application has been filed; including relevant plans, studies, and other information.
6.
Record of proceedings. The City of Holland shall prepare and keep minutes of the Board of Appeals proceedings, showing the findings, decisions, conditions, if any. The minutes shall be within the ultimate authority, and shall be the responsibility of, the Clerk or designee and shall be subject to approval of the Board of Appeals. The official records of the Board of Appeals proceedings shall be filed with the City Clerk and shall be public records.
7.
Appeal of a Board of Appeals decision. Appeals of a Board of Appeals decision shall be made to the Circuit Court in accordance with state law.
Sec. 39-12.12 Board of Appeals processes and procedures.
[7-21-2021 by Ord. No. 1796; 7-20-2022 by Ord. No. 1819]
A.
Approvals and permits required. No person shall commence excavation for, construction of, or demolition of any building, structure, or parking area, or make structural changes in any existing building or structure, without first obtaining the required approval(s) and permit(s) from the approving authority or authorities. All construction shall be in compliance with the provisions of UDO, the approved site plan, and Chapter 6 and Chapter 14, Article II, of the Code of Ordinances, as well as any additional applicable provisions.
B.
Notice of violation. When a violation of the Unified Development Ordinance (UDO) is found, notice of the violation shall be provided as follows:
1.
Service. Notice of violation shall be served upon the owner of record, provided that such notice shall be deemed to be properly served upon such owner if a copy thereof is delivered to him or her personally, or if he or she is not found, by leaving a copy thereof at his or her usual place of abode with a person of suitable age and discretion, who shall be informed of the contents thereof, or by sending a copy thereof by mail to his or her last known address, or, if the letter with the copy is returned showing it has not been delivered to him or her, by posting a copy thereof in a conspicuous place or on or about the structure affected by the notice.
2.
Contents. Whenever the enforcing officer determines that there has been or is a violation, or that there are reasonable grounds to believe that there has been or is a violation of any provision of the Unified Development Ordinance (UDO), he or she shall give notice of such violation or alleged violation to the person responsible therefor. Such notice shall:
3.
Noncompliance; legal action or proceeding. In case any notice of violation is not complied with within the time set forth in the notice, the enforcing officer may issue a citation or pursue appropriate legal action against the person responsible for the violation, ordering him or her to:
a.
Restrain, correct or remove the violation or refrain from any further execution of work;
b.
Restrain or correct the erection, installation or alteration of such building;
c.
Require the removal of work in violation;
d.
Prevent the occupation or use of the building, structure or part thereof erected, constructed, installed or altered in violation of, or not in compliance with, the provisions of the Unified Development Ordinance (UDO), or in violation of a plan or specification under which an approval, permit or certificate was issued;
e.
Comply with the penalty provisions of UDO; or
f.
Pay the attorney fees and costs incurred by the City with respect to the action or proceeding at law or in equity and the administrative expense incurred by the City in efforts to enforce the notice of violation.
C.
Violations declared to be a nuisance, unlawful, an offense, a civil infraction, or a misdemeanor. A violation of any provision of UDO or the Code of Ordinances is hereby declared to be a nuisance per se. In addition, any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with any of the provision of UDO, Chapter 39, shall be punished as follows:
1.
Civil infraction. Violations of any provision, section or article in Chapter 39 shall be deemed a Class II civil infraction except for those specifically listed in Subsection C2, below. All civil infractions shall be subject to fines and penalties as provided in Article XVII, Municipal Civil Infractions, (Sections 2-113 through 2-120) of the Code of Ordinances.
D.
Continuance. Each act of violation and each day upon which such a violation occurs shall constitute a separate violation.