Holland City Zoning Code
ARTICLE 39
4 Additional Use Standards
Sec. 39-4.01 Intent.
[7-21-2021 by Ord. No. 1796]
Sec. 39-4.02 Permitted land uses with additional standards.
 |
[7-21-2021 by Ord. No. 1796]
A.
List of permitted land uses with additional standards.
1.
Alternative energy (wind and solar): all zone districts.
2.
Bed-and-breakfasts (one to four rooms): all zone districts where single detached dwelling units are permitted.
3.
Child-care centers: LDR, CNR, MDR, TNR, HDR, MHR, CMU, ED, PUD, F Zone Districts.
Family and group child-care homes: all zone districts where residential uses are permitted.
4.
Drive-thrus: NMU, CMU, RMU, GMU, ED, I, PUD, F Zone Districts.
5.
Funeral homes: NMU (east of US-31), CMU; F (CENT and F-RM Subdistricts).
6.
Home occupations and businesses: all zone districts where residential uses are permitted.
7.
Kennels: CMU Zone District.
8.
Oil and gas drilling: NMU, CMU, RMU, GMU, and I Zone Districts.
9.
Outdoor storage and processes: CMU, RMU, and I Zone Districts.
10.
Outdoor sales, outdoor cafes, and sidewalk cafes: NMU, CMU, RMU, GMU, ED, I, PUD and FZone Districts.
[Amended 12-1-2021 by Ord. No. 1805]
11.
Parking lots as a principal use: ED and I Zone Districts.
12.
Parking structures as the principal use: ED, I and PUD Zone Districts.
[Amended 12-1-2021 by Ord. No. 1805]
13.
Public lodging: CMU, RMU, GMU, ED, I, PUD, and F Zone Districts.
[Amended 12-1-2021 by Ord. No. 1805]
14.
Recycling collection centers: I Zone District.
15.
Self-storage facilities: CMU, RMU, and I Zone Districts.
16.
Short-term rentals: all zone districts.
17.
Temporary uses: all zone districts where the use is typically not permitted.
18.
Vehicle repair: CMU, RMU, GMU, and I Zone Districts.
19.
Vehicle sales: CMU and RMU Zone Districts.
[Amended 12-1-2021 by Ord. No. 1805]
20.
Vehicle wash: CMU, RMU, and I Zone Districts, and GMU Zone District.
21.
Vendor trucks: NMU, CMU, RMU, GMU, ED, I, PUD, and F Zone Districts along corridors.
[Amended 12-1-2021 by Ord. No. 1805]
22.
Warehousing: CMU, RMU, and I Zone Districts.
23.
Wireless communication facilities less than 40 feet: all zone districts.
24.
Care facilities: HDR Zone District.
[Added 8-3-2022 by Ord. No. 1827]
25.
Shelters: CMU, RMU, GMU, ED, I, PUD and F Zone Districts.
[Added 8-3-2022 by Ord. No. 1827]
26.
Cemeteries: OS Zone District.
[Added 9-4-2024 by Ord. No. 1845]
B.
Alternative energy.
1. 
Wind energy turbines up to 40 feet in height (small-scale and accessory).
[Amended 12-1-2021 by Ord. No. 1805]
a.
Zone districts permitted: all zone districts.
b.
Approving authority: Zoning Administrator.
c.
Additional review processes: special land use approval if greater than 40 feet in height and in I Zone District as a principal use (Section 39-4.04B.1).
d.
Standards.
1)
Small-scale: may be mounted on the roof of a principal or accessory building or may be freestanding; shall not be a principal use, and shall not be considered an accessory structure.
2)
Setbacks. At its most horizontal position, the blade shall not cross a property line and the turbine shall be set back from all property lines at a minimum of the same dimension as the maximum tip height.
3)
Maximum tip height: 40 feet from grade, except where state and federal regulations, or the West Michigan Airport Authority require a lesser height.
4)
Minimum ground clearance: 10 feet for ground-mounted turbines, the minimum vertical blade tip clearance from grade.
5)
Shadow flicker: shall not produce off-site shadow flicker.
2. 
Solar panel arrays (small-scale and accessory).
a.
Zone districts permitted: all zone districts.
b.
Approving authority: Zoning Administrator.
c.
Additional review processes: special land use approval in I Zone District as a principal use under Section 39-4.04B.2.
d.
Standards.
1)
Small-scale: may be mounted on a roof of a principal or accessory building or may be freestanding; shall not be a principal use, and shall not be considered an accessory structure.
2)
Setbacks. Freestanding solar panel arrays shall meet the front setback requirement for principal structures in the zone district in which they are located.
3)
Height. Freestanding solar panel arrays shall not exceed 15 feet in height.
C.
Bed-and-breakfasts.
1.
Zone districts permitted: all zone districts where single detached dwelling units are permitted.
3.
General standards for one to eight guest rooms:
a.
The property owner shall reside on-site.
c.
Full bathroom facilities shall be available at a ratio of at least one bathroom for every two guest rooms, in addition to separate full bathroom facilities for the owner.
d.
A minimum of one parking space shall be provided for each guest room in addition to a minimum of one space for the resident owner. Each space shall be independently accessible to a street.
e.
The establishment shall be permitted to have one identification sign, not larger than six square feet, mounted in the ground or on the wall of the building. Ground-mounted signs shall not exceed four feet in height and be set back a minimum of 10 feet from all property lines. This section shall supersede Article 39-8.
f.
Guests shall stay no more than 21 consecutive days.
D.
Child-care centers, family child-care home, group child-care home.
1.
Child-care centers are commercial facilities. They shall comply with all state laws and standards and shall obtain valid licenses from the State of Michigan.
a.
Zone districts permitted: LDR, CNR, MDR, TNR, HDR, MHR, PUD, and F as an accessory use to a religious institution or K-12 school, ED when accessory to an institution of higher education, and CMU as a principal use.
b.
Approving authority. If site plan required: Planning Commission or Administrative Staff. If no site plan required: Zoning Administrator.
c.
Additional review processes: special land use in NMU, RMU, GMU, and I Zone Districts per Section 39-4.03A.1.
2.
Family child-care homes are private homes where one to seven minor children are supervised and cared for for periods less than 24 hours per day and for more than four weeks during a calendar year by an unrelated adult member in the child-care provider's home. Children related to the child-care provider may also be cared for and are not included in the seven-children capacity.
[Amended 12-1-2021 by Ord. No. 1805; 11-2-2022 by Ord. No. 1830]
3.
Group child-care home is a private home where eight to 14 minor children are supervised and cared for for periods of less than 24 hours a day and for more than four weeks during a calendar year by an unrelated adult member in the child-care provider's home. Children related to the child-care provider may also be cared for and are not included in the fourteen-children capacity.
[Amended 12-1-2021 by Ord. No. 1805; 11-2-2022 by Ord. No. 1830]
E.
Drive-thrus.
1.
Zone districts permitted: NMU, CMU, RMU, GMU, ED, I, PUD, and F-EDT, F-RM, and F-SSV.
[Amended 7-20-2022 by Ord. No. 1819]
2.
Approving authority. If site plan required: Planning Commission or Administrative Staff. If no site plan required: Zoning Administrator.
3.
Standards.
a.
Nuisance: shall not negatively impact the adjacent properties with excessive traffic, noise, odors, litter, or other similar factors.
b.
Stacking. A minimum of one stacking lane shall be provided to accommodate a minimum of seven vehicles. The Planning Commission may alter this standard if the applicant can demonstrate that fewer stacking spaces will not adversely impact the operations of the establishment or negatively impact neighboring properties or the traffic flow in the area.
c.
Devices for the transmission of voices shall be directed or muffled to prevent sound from being audible beyond the boundaries of the site.
e.
If the requirements of the zone district and the requirements for a drive-thru cannot both be met, the drive-thru shall not be approved.
F.
G.
Home occupations and home-based businesses.
1.
Zone districts permitted: all zone districts where residential uses are permitted.
3.
Standards.
a.
Table 4.02G.3.a.
[Amended 12-1-2021 by Ord. No. 1805]
Regulation | Home Occupation | Type 1 Home-Based Business | Type 2 Home-Based Business |
|---|---|---|---|
Employees | Shall live in the home | Shall live in the home | Shall live in the home plus 1 employee may work at the home-based business |
Allowable floor area dedicated to the business | N/A | 50% of 1 story of the dwelling and 50% of a detached accessory building | 50% of 1 story of the dwelling and 50% of a detached accessory building, or as determined by the Board of Appeals |
Merchandise | Prohibited |  | |
On-site customers | Prohibited | No more than 2 at a time | No more than 2 at a time, or as determined by the Board of Appeals |
Allowable hours open to customers | None | 7:00 a.m. to 9:00 p.m. | 7:00 a.m. to 9:00 p.m. |
Allowable vehicle trips from customers | None | 10 | 10; or determined by the Board of Appeals |
Deliveries |  | | |
Nonresidential alterations | Prohibited | Prohibited | Prohibited |
Signage | Prohibited | Prohibited | Prohibited |
Indoor storage |  | | |
Outdoor storage | Prohibited | Prohibited | Permitted subject to Section 39-4.02G.3.e and Section 39-4.02G.3.f |
Outdoor activities | Prohibited | Prohibited | Permitted subject to Section 39-4.02G.3.e and Section 39-4.02G.3.f, or as determined by the Board of Appeals |
Inspections per Chapter 14 | See Section 39-4.02G.3.b. | See Section 39-4.02G.3.b. | See Section 39-4.02G.3.b. |
Violations of chapter (also subject to Subsection G5 below) | Must apply for Type 1 or 2 home-based business | Revocation of permit; civil infraction, or apply for Type 2 home-based business | Hearing with Board of Appeals; revocation of permit; civil infraction |
NOTES: | |
| The delivery and pickup of goods and materials used and/or produced in the operation of the home occupation shall be limited to the customary delivery and pickup of mail and packages by the United States Postal Service, or by alternative private delivery service, that is common to other residential properties. Such deliveries and pickups shall not require a vehicle larger than a step-type van. |
| Materials, supplies, and merchandise shall be stored within a principal or accessory structure in a manner that does not pose a safety hazard to the dwelling, dwelling occupants, or adjoining properties and occupants, and shall not result in a change of use of the property or an activity prohibited by the Michigan Building Code. |
| On-site pick up of items shall be limited to arts and crafts produced on the premises, items commonly traded, such as coins, stamps, and antiques, incidental supplies related to the home-based business, and merchandise produced by the home-based business. |
b.
Inspections. All Type 1 and Type 2 home-based businesses are subject to inspections per Chapter 14 of the Holland Ordinance Code, and compliance is required before a home-business permit will be issued.
c.
Performance standards for noise. The business shall not generate noise, vibrations, smoke, dust, odor, heat, or glare which are detectable beyond the property lines.
d.
Recreational lessons/instruction may produce noise generated by a person's voice or noise produced by a person's recreational activity that is detectable beyond the property lines. Furthermore, the business shall not generate any electrical interference with radio or television transmission in the area that would exceed that which is normally produced by a residential dwelling unit.
e.
Performance standards for outdoor business, sales and storage. The Board of Appeals shall determine the location and amount of outdoor activities for all Type 2 home-based businesses as follows:
1)
Recreational lessons/instruction shall be limited to rear and side yard areas and shall be screened from the neighbors as determined by the Board of Appeals.
2)
The outdoor sale and display of horticultural products shall be limited to products such as flowers, fruits, or vegetables and shall be limited to one continuous three-week period each calendar year per parcel. The dates shall be specified by the Board of Appeals.
3)
The outdoor sale and display of arts and crafts produced by the home business shall be limited to one continuous three-week period each calendar year per parcel. The dates shall be specified by the Board of Appeals.
4)
The Board of Appeals may impose other reasonable conditions and limitations to protect nearby residential premises and persons.
f.
Home occupation and home-based business exemptions.
1)
Outdoor sales lasting no less than four consecutive days and occurring no more than three times per calendar year shall be considered garage or yard sales, and shall be exempt from this section.
2)
The sale of horticultural products grown on the premises may be sold on the premises, and shall be exempt from this section.
3)
Piano lessons and similar fine arts lessons are exempt per state law.
4.
Prohibited home occupations and home-based businesses.
a.
Any repair of motorized vehicles, such as engine repair, painting, or body work to automobiles, trucks, trailers, boats, heavy equipment, and lawn or landscaping equipment.
b.
Exterior parking and storage of heavy equipment not typically found in residential areas.
c.
Any use not allowed in residential zone districts.
5.
Enforcement. Violations of this subsection shall result in the penalties noted in the chart above. Whenever the Zoning Administrator determines that there has been a violation of any provision of this section, they shall give notice of such violation to the person responsible as prescribed in Chapter 14 of the City's Ordinance Code. In case any violation is not remedied within the time set forth in the notice, the following action shall be taken:
a.
A home occupation shall be required to apply for a Type 1 or Type 2 home-based business;
b.
A Type 1 home-based business permit shall be revoked, or shall be required to apply for a Type 2 home-based business;
c.
A Type 2 home-based business shall have a hearing before the Board of Appeals;
d.
The person subject to a violation of a Type 2 home-based business permit shall appear and present evidence in response to the enforcement notice to the Board of Appeals. During the hearing, the Zoning Administrator or designated representative shall specify the violation(s) that exists and the remedial action required. The Board of Appeals shall then determine whether to revoke the home-based business permit, allow additional time to remedy the violation, or impose additional conditions to remedy the violation(s).
e.
In addition to revocation described above, a person who violates or fails to comply with any provision of this subsection is responsible for a Class II municipal civil infraction and subject to the civil fines set forth in the schedule of fees and charges adopted in Section 2-118 of the City Code of Ordinances or any other relief that may be imposed by the court. Each act of violation and each day upon which such violation occurs shall constitute a separate violation.
H.
Kennels.
1.
Zone district permitted: CMU.
2.
Approving authority. If site plan required: Planning Commission or Administrative Staff. If no site plan required: Zoning Administrator.
3.
Standards.
a.
Operation. Kennels shall be in a fully enclosed building. Outdoor yards and runs shall be allowed as an accessory use, and operated during the hours of 7:00 a.m. to 9:00 p.m.
b.
Setbacks. Outdoor yards and runs shall be a minimum of 25 feet from all property lines.
c.
Nuisances. No kennel shall generate noise, vibrations, dust, or odors which are detectable beyond the property lines.
J.
K.
Outdoor sales, outdoor cafes, and sidewalk cafes.
1.
2. 
Outdoor cafes are located on private property.
a.
Zone districts permitted: all zone districts where restaurant uses are permitted.
c.
Standards.
1)
Outdoor seating areas shall be permitted as an accessory use to a principal restaurant use.
2)
The tables, chairs, fencing, and other aspects of the cafe shall be designed to be architecturally compatible with existing structures on the subject property.
3)
The cafe shall be free of debris and litter.
4)
Only food and beverages may be provided and consumed within the cafe.
6)
The cafe shall meet all county, state, and federal requirements for food sales, liquor control, and other relevant regulations.
3. 
Sidewalk cafes are located on public property.
a.
Zone districts permitted: all zone districts where restaurant uses are permitted.
c.
Standards.
1)
Comply with Section 39-4.02K.2.c.
2)
Shall submit proof of insurance with coverage and terms to be defined by the City Attorney.
3)
Safe use of sidewalks. A minimum pedestrian clear width of six feet (eight feet along 8th Street between Columbia Street and Pine Street) is required along all public walkways at all times.
4)
The tables and chairs shall not be permanently anchored to the ground.
5)
Shall submit a statement indemnifying the City from liability in a form deemed sufficient by the City Attorney.
6)
Tulip Time restriction. Nonfenced sidewalk cafes in CDT and EDT shall not operate until one hour after Tulip Time Festival parades.
L.
Parking lots as a principal use.
1.
Zone districts permitted: ED and I Zone Districts.
2.
Approving authority: Zoning Administrator.
3.
Additional review processes: special land use approval in CMU and F Zone Districts per Section 39-4.04H.
4.
Standards.
a.
Uses prohibited. Commercial repair work, sales, or display shall not take place in parking lots, unless the parking lot is associated with an approved vehicle repair or vehicle sales use.
b.
. See Section 39-9.02B.5.
c.
Screening. If located within 10 feet of the front lot line, the lot shall be concealed behind a continuous sixty- to seventy-two-inch-high manicured evergreen hedge or a minimum forty-eight-inch-high decorative masonry wall adjacent to the sidewalk. The only openings in the hedges or walls shall be for vehicular and pedestrian entrances.
d.
Pedestrian access. Parking lots shall have a minimum of one pedestrian entrance along all street frontages. The Planning Commission may determine that the vehicle entrance is sufficient for a given frontage.
M. 
Parking Structures with Ground Floor Liner Buildings and screening for upper stories.
Parking Structures with Ground Floor Liner Buildings and screening for upper stories.
Parking structures as a principal use.
1.
Zone districts permitted: ED and I Zone Districts.
2.
Approving authority. If site plan required: Planning Commission or Administrative Staff. If no site plan required: Zoning Administrator.
N.
Public lodging.
1.
Zone districts permitted: CMU, RMU, GMU, and F Zone Districts; ED and PUD as an accessory use; I as an outlot use.
[Amended 8-3-2022 by Ord. No. 1827]
2.
Approving authority: Planning Commission or administrative review team.
O.
Recycling collection centers.
[Amended 9-4-2024 by Ord. No. 1845]
1.
Zone districts permitted: I Zone District.
2.
Approving authority. If site plan required: Planning Commission or Administrative Staff. If no site plan required: Zoning Administrator.
3.
Standards.
a.
Shall meet the requirements of outdoor storage and processes, Section 39-4.02J.3.
b.
Materials. Materials collected shall be limited to aluminum, copper, plastic, glass, paper materials, batteries or other similar materials as determined by the approving authority.
c.
Containers. Collection containers shall be a minimum of 20 feet from any property line adjacent to a residential use or residential zone district.
d.
Outside storage. If stored outside, recyclable materials shall be within weather-tight containers no higher than eight feet.
e.
Screening. Collection containers and recycling locations shall be screened from external view by solid fencing, a vegetative screen, or a combination of both, as approved by the approving authority.
f.
Processing equipment. Processing equipment, including crushers and sorting equipment, shall not be part of an outside collection operation.
P.
Q.
Short-term rentals.
1.
2.
Investor-owned in residential zone districts.
a.
Zone districts permitted: LDR, CNR, MDR, and TNR Zone Districts.
b.
Approving authority: Zoning Administrator.
3.
4.
Tulip Time. Notwithstanding the above sections, any dwelling unit may be rented out, in whole or in part, for up to 10 days during the designated Tulip Time Festival.
R.
Temporary uses.
1.
Zone districts permitted: all zone districts where the use would not typically be allowed as a permitted use.
3.
Standards.
a.
A temporary use shall not last more than two weeks.
b.
Examples: arts and craft fairs, carnivals, vehicle sales, vendor sales, etc.
c.
Compliance with zoning standards shall be required for approval.
d.
Exception to zoning compliance. Parking may be located on a nondurable surface for temporary uses.
4.
Garage or yard sales. Shall be allowed up to three times per calendar year, with each sale lasting no more than four consecutive days.[3]
5.
Tulip Time. Temporary uses and activities associated with the annual Tulip Time Festival may be authorized by City Council for a prescribed amount of time, and may include activities that would normally be prohibited, such as food trucks in the F Zone District, and sales of merchandise on City property.
S.
Vehicle repair.
1.
Zone districts permitted: CMU, RMU, and I Zone Districts; GMU Zone District on corridors designated in Section 39-2.14.
2.
Approving authority. If site plan required: Planning Commission or Administrative Staff. If no site plan required: Zoning Administrator.
3.
Additional review processes: special land use approval for additions to existing vehicle repair uses in the NMU Zone District per Section 39-4.04K.
4.
Standards.
a.
Location. Servicing and repair of vehicles shall be permitted only inside a fully enclosed building.
b.
Outside storage or parking of disabled, wrecked, inoperable, or partially dismantled vehicles shall not be permitted outside of specifically designated areas. Outdoor storage of damaged or inoperable vehicles shall be subject to all requirements for outdoor storage in Section 39-4.02J.3.
c.
Building elevations shall specify the locations of overhead doors. All overhead doors shall be accessed by drive aisles that meet the dimensional standards of UDO.
d.
Vehicle sales associated with repair facilities shall receive zoning approval for each use, and shall meet all applicable standards, including those in Section 39-4.02T.4.
e.
City, county, state, and federal regulations for the storage, transportation, and disposal of oil, gasoline, and other flammable liquids shall be met.
T.
Vehicle sales.
1.
Zone district permitted: CMU.
2.
Approving authority. If site plan required: Planning Commission or Administrative Staff. If no site plan required: Zoning Administrator.
3.
Additional review processes: special land use in RMU Zone District; NMU Zone District for existing vehicle sales uses per Section 39-4.04L.
4.
Standards.
a.
Vehicle display, parking, and circulation areas shall be paved with a durable surface and include bumper guards or curbing that separates paved areas from landscaped and lawn areas. Another means may be approved by the Planning Commission.
b.
Outdoor display areas shall be located a minimum of 10 feet from all property lines. Display spaces shall be clearly delineated on the site plan. All display vehicles shall be parked in display spaces. Display cars shall not be parked in required parking spaces.
c.
Vehicle repair associated with vehicle sales facilities shall receive zoning approval for each use, and shall meet all applicable zoning standards, including those in Section 39-4.02S.4.
d.
A minimum 500-square-foot permanent structure shall be provided on the lot to serve as offices and rest rooms for the vehicle sales use.
U.
V.
Vendor trucks.
[Amended 12-1-2021 by Ord. No. 1805; 7-20-2022 by Ord. No. 1819; 11-2-2022 by Ord. No. 1830]
1.
Zone districts permitted: NMU, CMU, RMU, GMU, ED, I, PUD and F Zone Districts.
2.
Approving authority: Zoning Administrator.
3.
Additional review processes:
a.
F-CDT, F-NDT, F-EDT, and F-CENT Subdistricts and NMU Zone District: permitted on private property as part of an outdoor cafe per Section 39-4.02K.2. Permitted on any private property for a special event lasting no more than 24 hours with a maximum of six events per calendar year
b.
PUD: permitted if allowed by the original development agreement, or if a site plan amendment is made.
c.
On public property including parks, streets and other City-owned property: permitted when approved by the City Manager through the Use of City Facilities process. Except for Windmill Island Gardens, the Civic Center Place and the Farmer’s Market may be approved by the Department Director of that facility, or their designee.
W.
X.
Wireless communication facilities less than 40 feet.
1.
Zone districts permitted: all zone districts when mounted on an existing structure; CMU, GMU, RMU, I, OS, PUD, and F Zone Districts when new structure is less than 40 feet in height.
2.
Approving authority: Zoning Administrator.
4.
Standards.
a.
Documentation shall be submitted showing that the facility is in compliance with all applicable Federal Communications Commission regulations regarding radio frequency emissions and that the facility will not cause interference with any nearby existing wireless communications facilities.
b.
Lighting shall not be added to the structure unless required by the Federal Aviation Administration.
5.
Small cell wireless facilities co-located and on private property.
a.
Shall be reviewed in the same manner and following the standards of Section 39-4.02X.3.
6.
Small cell wireless facilities are exempt from this section if they meet one of the following:
a.
Located on a public property or in the street right-of-way.
b.
The replacement of a small cell wireless facility with a small cell wireless facility that is not larger or heavier than the existing facility and is in compliance with applicable codes.
c.
Routine maintenance of a small cell wireless facility, utility pole, or wireless support structure.
d.
Micro wireless facility installation, placement, maintenance, operation, or replacement of that is suspended on cables strung between utility poles or wireless support structures in compliance with applicable codes.
Y.
Z.
AA.
Cemeteries.
[Added 9-4-2024 by Ord. No. 1845]
1.
Zone Districts Permitted: OS.
2.
Approving Authority. If site plan required: Administrative Staff, if no site plan required: Zoning Administrator.
3.
Standards:
a.
The cemetery must comply with MCL Act 251 of 1968.
b.
No exterior storage of cemetery materials.
c.
All buildings shall meet the setback requirements of the zone district where they are located.
d.
There shall be a ten-foot setback from the side and rear property lines for any burial or earth interment.
e.
Any cemetery that is adjacent to a residential use or residential zone district must meet the residential buffer requirements per Section 39-6.02.I.
Sec. 39-4.03 Special land uses with basic standards required.
 |
[7-21-2021 by Ord. No. 1796]
A.
List of special land uses and allowable zone districts. The following uses shall be approved as special land uses by the Planning Commission, using the basic special land use standards per Sections 39-4.03B and 39-12.08.
1.
Child-care centers: NMU, CMU, RMU, GMU, and I Zone Districts.
[Amended 12-1-2021 by Ord. No. 1805]
2.
Dwelling units: five or more: NMU Zone District.
[Amended 12-1-2021 by Ord. No. 1805]
3.
Event venue: NMU, RMU and F Zone Districts.
[Amended 12-1-2021 by Ord. No. 1805]
4.
Government/municipal services: all zone districts except OS.
5.
Hospitals: CMU and RMU Zone Districts.
6.
Institutions of higher eduction: all zone districts except ED.
7.
K-12 schools: all zone districts except OS. Public schools where the State Superintendent has exclusive jurisdiction are exempt from all zoning requirements.
8.
Maker spaces: NMU and F Zone Districts.
9.
Manufacturing (low-intensity): CMU and RMU Zone Districts.
10.
Care facilities: HDR for over 20 occupants; RMU and GMU Zone Districts.
[Amended 8-3-2022 by Ord. No. 1827]
11.
Power plants, non-wind or -solar: I Zone District.
13.
Recreation (outdoor): RMU, GMU, F Zone Districts. Public parks are permitted in all zone districts, including zone districts where other outdoor recreation is prohibited or requires special land use approval.
14.
Religious institutions: RMU, GMU, I, and F Zone Districts.
15.
Research and development: GMU Zone District.
16.
Transportation and logistics: CMU Zone District.
B.
Summary of the basic special land use standards (Section 39-12.08).
1.
The use and the site plan shall be consistent with the intent of UDO.
2.
The site plan shall comply with all UDO requirements.
3.
The use shall be designed, constructed, operated, and maintained to be compatible with uses on surrounding properties, and the site design shall minimize the impact of site activity on surrounding properties.
4.
In determining if these above requirements have been met, consideration will be given to how the following relates to the surrounding properties:
a.
Parking: location and screening of vehicular circulation.
b.
Outdoor storage, activity, or work areas, and mechanical equipment.
c.
Structure massing, placement, and materials.
d.
Hours of operation. Approval may be conditioned upon operation within specified hours to minimize impact on surrounding properties.
5.
Landscaping and additional amenities proposed. Approval may be conditioned upon additional landscaping or amenities being added to the site design.
6.
Compatibility with the City of Holland's Master Plan.
7.
Adequate access to public services.
8.
Impact of traffic. A traffic impact study may be required for all special land uses.
9.
No detrimental effects are foreseen due to noise, vibration, smoke, fumes, odors, dust, glare, and light, etc., on surrounding properties.
10.
Shall be compatible with the natural environment and conserve natural resources and energy.
Sec. 39-4.04 Special land uses with basic standards and specific use standards required.
 |
[7-21-2021 by Ord. No. 1796; amended 2-19-2025 by Ord. No. 1848]
A.
List of special land uses with basic standards and specific use standards required.
[Amended 12-1-2021 by Ord. No. 1805]
1.
Alternative energy (wind and solar): all zone districts.
2.
Firearm and archery ranges: CMU and I Zone Districts.
3.
Gas stations: CMU, GMU and I Zone Districts.
4.
Manufacturing (high-intensity): I Zone District.
5.
Marinas: all zone districts.
6.
NMU mixed-use buildings with five or more attached dwelling units: NMU Zone District.
7.
Parking lots as a principal use: CMU and F Zone Districts.
8.
Parking structures as the principal use: CMU and F Zone Districts.
9.
Sexually oriented businesses: CMU Zone District.
10.
Vehicle repair: NMU Zone District.
11.
Vehicle sales: NMU and RMU Zone Districts.
12.
Wireless communication facilities: CMU, I and OS Zone Districts.
13.
Campground: CMU, OS, and PUD Zone Districts.
[Added 7-20-2022 by Ord. No. 1819]
B.
Alternative energy.
1.
Wind turbines over 40 feet in height (large-scale).
a.
Zone districts permitted as a special land use: as an accessory use in all zone districts; as a principal use in the I Zone District.
b.
Approving authority: Planning Commission.
c.
Additional review processes: For wind turbines 40 feet or less in height, see Section 39-4.02B.1.
d.
Standards.
1)
Large-scale: shall be freestanding; shall not be considered an accessory structure.
3)
Setbacks. The minimum setback for the turbine structure shall be equal to the maximum tip height of the turbine.
4)
No maximum tip height. There shall be no maximum tip height; however, the proposed height shall meet all state and federal regulations and be approved by the West Michigan Airport Authority and the Planning Commission. The Planning Commission may require a lesser height.
5)
Minimum ground clearance. The minimum vertical blade tip clearance from grade shall be 50 feet.
6)
Shadow flicker: shall not produce off-site shadow flicker.
7)
Noise standards.
a)
The applicant shall provide an initial sound modeling report and, within six months of commencing operation of the wind turbine, a post-construction sound report for the project.
b)
No wind turbine shall generate audible noise that exceeds 45 dBA (Lmax) or 55 dBC (Lmax) (dBC) to dBA ratio of 10 dB per ANSI standard S12.9 Part 4 Annex D) for any duration, at a property line.
c)
Leq 1-sec shall be used for all measurements and modeling.
2.
Solar panel arrays as a principal use.
a.
Zone districts permitted as a special land use: I Zone District.
b.
Approving authority: Planning Commission.
c.
Additional review processes: permitted as accessory freestanding or rooftop per Section 39-4.02B.2.
d.
Standards.
1)
Large-scale: shall be freestanding solar panel arrays. These standards include all associated equipment and facilities.
3)
Setbacks: shall be set back at least 20 feet from the nearest property line and 100 feet from the nearest residential dwelling.
4)
Height. Freestanding principal solar panel arrays shall not exceed 25 feet in height.
5)
The applicant shall obtain approval from the Holland Board of Public Works (HBPW).
C.
Firearm and archery ranges.
1.
Zone districts permitted as a special land use: CMU and I Zone Districts.
2.
Approving authority: Planning Commission.
3.
Standards.
b.
Minimum property area: 30,000 square feet.
c.
The submittal and approval of the following items:
1)
Certification from the indoor range equipment manufacturer that the equipment meets all applicable federal, state, and local regulations for archery and shooting ranges and indicates the size or type of weapon the range is designed for. The indoor range equipment includes all baffles and walls designed to contain arrows and bullets or other projectiles.
2)
Certification from the project architect and/or professional engineer that the facility meets the current requirements for all applicable federal, state, and local regulations for archery and shooting ranges.
3)
Certification from the contractor or installer that the equipment described in the application has been installed and complies with all manufacturer and architectural directions, requirements, and specifications.
4)
Certification from the range operator that the facility will at all times comply with all applicable federal, state, and local regulations, will meet or exceed all commonly accepted shooting range safety and design practices, and will be operated in a manner that protects the health, safety and welfare of the general public.
d.
The following standards shall also be adhered to:
1)
The range operator shall only allow weapons of the size or type the range is designed for as set forth in the manufacturer's certificate.
2)
The applicant or range operator shall not modify the indoor range equipment, on-site lead collection system or HVAC system without first obtaining an amended special land use approval.
3)
The range owner shall obtain and maintain a license as required by Chapter 17 of the Code of Ordinances.
4)
The range shall be subject to inspection upon request of the City to verify ongoing compliance with the requirements of this section.
5)
The interior of the building shall be impenetrable to the discharge of any bullet or other projectile shot or discharged in the range.
6)
Audible noise from the discharge of any firearm shall comply with the requirements of Chapter 19 of the City Code of Ordinances.
7)
The range shall have an on-site lead cleanup system and HVAC filtration system in compliance with all federal and state regulations.
8)
Hours of operation: 7:00 a.m. to 9:00 p.m.
D.
Gas stations.
1.
Zone districts permitted as a special land use: CMU and I Zone Districts and GMU Zone District when on street corridors.
2.
Approving authority: Planning Commission.
3. 
Standards.
b.
A raised curb of six inches in height shall be constructed to separate the landscape planting areas from the driveways and pump areas.
c.
Pump islands shall be set back a minimum of 35 feet from all property lines.
d.
The site shall be designed to have sufficient truck turning space for fuel deliveries. An internal and external movement diagram is required with the site plan application.
e.
All City, county, state, and federal regulations regarding the storage and transportation of gasoline and other flammable liquids shall be met.
f.
Canopy structures shall meet the following requirements:
1)
Minimum setback: 20 feet.
2)
Height. Minimum: 13 feet six inches. Maximum: 20 feet.
4)
A canopy may be either attached or detached from the main building.
5)
A canopy shall use a similar roof form, pitch, and materials in order to resemble the roof covering of the main building. Materials, colors, and supporting columns shall coordinate with the design of the main building.
6)
A canopy shall not cover architectural details, windows, transparency, or the expression line of the main building.
7)
A canopy structure shall not be enclosed.
8)
If any part of the canopy is illuminated, highly reflective material shall not be installed on the underside of the canopy.
E.
Manufacturing (high-intensity).
1.
Zone districts permitted as a special land use: I Zone District.
2.
Approving authority: Planning Commission.
3.
Additional review processes: low-intensity manufacturing: permitted in I Zone District; special land use approval in CMU and RMU Zone Districts.
[Amended 11-2-2022 by Ord. No. 1830]
4.
Standards.
b.
Determination of high intensity vs. low intensity.
1)
Staff shall refer proposed uses that may meet the definition of high intensity in Article 39-14 to the Zoning Administrator for a determination of high intensity.
2)
Appeals of high intensity determinations by the Zoning Administrator shall be made to the Board of Appeals. The determination shall be based on the High Intensity Manufacturing Definition and City internal review process.
F.
Marinas.
1.
Zone districts permitted as a special land use: all zone districts.
2.
Approving authority: Planning Commission.
3.
Standards.
b.
Storage of boats shall be permitted. Storage locations for boats shall be delineated on the site plan.
c.
Discarding of waste or refuse. Facilities shall be provided at the marina for disposal of refuse from boating holding tanks in a sanitary manner.
d.
Refuse and garbage containers with covers shall be provided and kept in clean and sanitary condition.
e.
Rest room facilities shall be provided at a ratio of one toilet per 40 boat slips.
f.
Access drives between boat storage spaces shall meet the dimensional requirements of UDO.
G.
NMU mixed-use buildings with five or more attached dwelling units.
[Amended 12-1-2021 by Ord. No. 1805]
1.
Zone districts permitted as special land use: NMU Zone District.
2.
Approving authority: Planning Commission.
3.
Standards.
b.
Surrounding and adjacent uses to the site are residential.
c.
The site is in close proximity to, but not adjacent to, other neighborhood commercial uses that serve the desired commercial need.
d.
The proposed development maintains a minimum of 20% commercial use on the first story of the front street that meets the window glazing requirements in Section 39-2.11E.
[Amended 11-2-2022 by Ord. No. 1830]
e.
The proposed development advances a goal of the City's Master Plan, as determined by the Planning Commission.
f.
Rationale for the special use is provided by the applicant that is reasonable, as determined by the Planning Commission.
H.
Parking lots as a principal use.
1.
Zone districts permitted as a special land use: CMU and F Zone Districts.
2.
Approving authority: Planning Commission.
4.
Standards.
c.
Planning Commission determines the parking lot is necessary to support nearby uses.
d.
Planning Commission determines the parking lot will not negatively impact the vibrancy, walkability, or historic character of the surrounding area.
e.
Uses allowed. Parking lots shall be used for short-term parking, not long-term storage. Commercial repair work, sales, or display shall not take place in any parking lot not associated with an approved vehicle repair or sales use.
f.
Structures permitted: shelter for attendants.
g.
Setback. See Section 39-9.02C.3.
[Amended 2-21-2024 by Ord. No. 1843]
h.
Screening. If located within 10 feet of the front lot line, the lot shall be concealed behind a continuous five-to-six-foot-high manicured evergreen hedge or a minimum four-foot-high decorative masonry wall adjacent to the sidewalk. The only openings in the hedges or walls shall be for vehicular and pedestrian entrances.
i.
Pedestrian access. Parking lots shall have a minimum of one pedestrian entrance along all street frontages. The Planning Commission may determine that the vehicle entrance is sufficient for a given frontage.
I.
Parking structures as the principal use.
1.
Zone districts permitted as a special land use: CMU and F Zone Districts.
2.
Approving authority: Planning Commission.
4.
Standards.
b.
In the F Zone District, the Form-Based Code parking structure standards are met per Section 39-3.08.
c.
Planning Commission determines the parking structure is necessary to support nearby uses.
d.
Planning Commission determines the parking lot will not negatively impact the vibrancy, walkability, or historic character of the surrounding area.
e.
The ground story shall include a commercial liner building on all street frontages or shall be entirely blocked from street view by buildings.
f.
Upper stories shall be designed so that vehicles cannot be seen from the street level.
J.
Sexually oriented business.
1.
Zone districts permitted as a special land use: CMU Zone District.
2.
Approving authority: Planning Commission.
3.
Standards.
c.
Signs for a sexually oriented business shall comply with the requirements of Article 39-8, and no sign shall contain any words, lettering, photographs, silhouettes, drawings or pictorial representations of a sexually explicit manner.
d.
Location. The proposed use is not located or operated within 500 feet of a religious institution; public or private nursery school, preschool, kindergarten, elementary or secondary school, public park, licensed child-care center, entertainment business oriented toward children or family entertainment, the boundary of any residential zone district or a residential use not located within a residential zone district. The proposed use shall not be located within 1,000 feet of another sexually oriented business. The following shall be met:
1)
The separation distance between a sexually oriented business and a use listed in Section 39-4.04J3d shall be measured from the sexually oriented business structure to the property line of the other use. The separation distance between two sexually oriented businesses shall be measured from property line to property line.
2)
An approved sexually oriented business shall not be designated a nonconforming use when determining location proximities.
3)
If any portion of the structure or property the sexually oriented business is located in fails to meet the separation distance requirements of this section, then the entire structure or property shall be ineligible for a sexually oriented business use.
4)
The distances listed above shall carry across municipal boundaries, such that uses or zone districts not within the boundaries of the City of Holland may restrict the location of sexually oriented businesses.
K.
Vehicle repair.
1.
Zone district permitted as a special land use: NMU Zone District.
2.
Approving authority: Planning Commission.
3.
Additional review processes: permitted in CMU, RMU, and I Zone Districts. In GMU Zone District on corridors per Section 39-4.02S.
4.
Standards.
a.
The vehicle repair use is existing.
c.
Servicing and repair of vehicles shall only be permitted inside a fully enclosed building.
d.
Outside storage or parking of disabled, wrecked, inoperable, or partially dismantled vehicles shall not be permitted outside of areas specifically designated on the site plan. Outdoor storage of damaged or inoperable vehicles shall be subject to all requirements for outdoor storage in Section 39-4.02J.
e.
Overhead doors shall be clearly indicated on building elevations. All overhead doors shall be accessed by drive aisles that meet the dimensional standards of UDO.
f.
Vehicle sales associated with repair facilities shall receive separate zoning approval from the City, and shall meet all applicable standards, including those in Section 39-4.04L.
g.
All City, county, state, and federal regulations regarding the storage, transportation, and disposal of oil, gasoline, and other flammable liquids shall be met.
L.
Vehicle sales.
1.
Zone districts permitted as a special land use: RMU Zone District; NMU Zone District if there is an existing vehicle sales use.
2.
Approving authority: Planning Commission.
4.
Standards.
b.
If located in NMU, the vehicle sales use is existing.
c.
Vehicle display, parking, and circulation areas shall be paved with a durable surface, and include bumper guards, curbing, or another means approved by the Planning Commission that separates paved areas from landscaped and lawn areas.
d.
Outdoor display areas shall be located a minimum of 10 feet from all property lines. Display spaces shall be clearly delineated on the site plan. All display vehicles shall be parked in display spaces. Display cars shall not be parked in required parking spaces.
e.
Vehicle repair facilities associated with vehicle sales facilities shall receive separate zoning approval from the City, and shall meet all applicable standards, including those in Section 39-4.04L.
f.
A permanent structure of a minimum of 500 square feet shall be provided on the lot to serve as offices and rest rooms for the vehicle sales use.
M.
Wireless communication facilities.
1.
Zone districts permitted as a special land use: CMU, I, and OS Zone Districts when a new structure is 40 feet or greater in height.
2.
Approving authority: Planning Commission.
3.
Additional review processes.
• | Permitted in all zone districts when mounted on an existing structure per Section 39-4.02X. |
• |
4.
Standards.
b.
Documentation shall be submitted showing that the facility is in compliance with all applicable FCC regulations regarding radio frequency emissions and that the facility will not cause interference with any nearby existing wireless communications facilities.
c.
If a new structure is to be constructed for the facility, it shall meet the following standards:
d.
The structure shall be the shortest possible height required to provide the service desired. The applicant shall submit coverage and/or capacity information, including propagation maps and other information requested by the City, to demonstrate the needed service improvement and why the requested height is necessary. The City may request further information, including propagation maps, demonstrating the service at lower heights, in order to determine whether the requested height is necessary.
e.
Any structure proposed to be constructed higher than 200 feet in height, anywhere within the City, shall require the approval of the West Michigan Airport Authority, or its designated staff member, as part of the required site plan approval.
f.
Time limit under state law. Review under this section shall be completed within the time limits imposed by MCLA 460.1317(2). The Zoning Administrator shall determine when the application is complete under MCLA 460.1317.
N.
Campgrounds.
[Added 7-20-2022 by Ord. No. 1819]
1.
Zone districts permitted as a special land use: OS, CMU, and PUD Zone Districts.
2.
Approving authority: Planning Commission.
3.
Standards.
b.
The campground shall comply with Part 125 of the Public Health Code, Act 368 of 1978, as amended, including required licenses and inspections.
c.
Minimum property area: five acres.
d.
Campsites shall be set back a minimum of 100 feet from all property lines.
e.
Retail uses within the campground shall be no more than 2,000 square feet in area and shall be an accessory use to the campground use.
f.
The property shall be connected to public water and sewer.
g.
A permanent building containing bathrooms and shower facilities shall be provided and shall meet or exceed the minimum number required by the Public Health Code.
h.
The perimeter of the campground shall be enclosed by a solid fence or other screening as determined by the approving authority. Fence heights and types shall comply with Section 39-9.08.
i.
Dumpsters shall be centrally located in the campground and a minimum of 100 feet from all property lines.
j.
Campsite access roads shall be a minimum of 100 feet from all property lines, except for the main entrance driveway that provides access into the campground.
k.
Outdoor group activities shall be limited to 7:00 a.m. through 10:00 p.m.
l.
The maximum duration of stay at a campground shall not exceed 29 consecutive days.
m.
An application and site plan for a campground shall contain the following: