This ordinance shall be known as the "City of Kentwood Zoning Ordinance."

The fundamental purpose of this ordinance is to promote and safeguard the public health, safety, prosperity and general welfare of the people of this City. The provisions of this Ordinance are intended, among other things, to encourage the use of lands, waters, and other natural resources in the City in accordance with their character and in a reasonable manner; to limit the improper use of lands and resources; to eliminate nonconforming uses; to reduce hazards to life and property; to provide for orderly development within the City; to avoid overcrowding of land with structures or buildings; to provide adequate light, air and health conditions within dwellings and buildings hereafter erected or altered; to protect the prosperity and economic interests of the city, taxpayers, and property owners; to ensure that the built environment in the city is durable and sustainable; to encourage redevelopment efforts within the city; to manage the impact on the public roads and streets resulting from development; to protect and conserve natural recreational areas, residential and other areas naturally suited to particular uses; to facilitate the establishment of an adequate and economic system of transportation; sewage disposal, safe water supply, education, recreation and other public requirements; to conserve the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources and properties.

This Ordinance is enacted under the authority of the City and Village Zoning Act and Section 6.14 (c) of the Charter of the City of Kentwood.

(Ord. No. 9-24, § 1, 7-9-2024)

A.

It is not intended by this ordinance to repeal, abrogate, annul or in any other way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this ordinance, or of any private restrictions placed upon property by covenant, deed or other private agreement; provided, however, that where any provision of this ordinance imposes more stringent requirements, regulations, restrictions or limitations upon the erection or use of land and buildings, or upon the height of buildings and structures, or upon safety and sanitary measures, or requires larger yards or open spaces than are imposed or required by the provisions of any other law or ordinance, or any said rules, regulations, permits or easements, then the provisions of this ordinance shall govern.

B.

The requirements of this ordinance are to be construed as minimum requirements, and shall in no way impair or affect any covenant or restriction imposing greater requirements.

A.

In order to effectively protect and promote the general welfare and accomplish the aims and objectives of the city of Kentwood Master Plan, the city is divided into zoning districts of the number, boundaries, shape and area and of common unity of purpose, adaptability or use, that are deemed most suitable to provide for the best development of the community, while protecting the common rights and interests of all through associated regulations and restrictions.

B.

All street, alley and railroad rights-of-way, if not otherwise designated to be in a particular zoning district, shall be considered to be in the same district as the lot or parcel it immediately abuts. Unless specifically provided for otherwise, when abutting more than one lot or parcel, or when the centerline of the right-of-way serves as a zoning district boundary, the abutting property's district shall be deemed to be the same up to the center of the right-of-way.

C.

Boundaries indicated as approximately following lot lines shall be construed as following such lot lines.

D.

Boundaries indicated as approximately parallel to the centerlines of streets or highways shall be construed as being parallel and at the distances indicated on the official zoning map. If no distance is given, such dimension shall be determined by the use of the scale on the official zoning map.

(Ord. No. 7-03, § 1(1.04), 4-1-2003)

State Law reference— Conflicts between zoning ordinances and other ordinances, MCL 125.586.

A.

The Official Zoning Map of the city of Kentwood shall be so identified by signature of the Planning Commission chair, as attested to by the city Clerk, under the following wording: "This is to certify that this map is the Official Zoning Map of the city of Kentwood, which is a part of the city of Kentwood Zoning Ordinance." The Official Zoning Map of the city of Kentwood is incorporated by reference in this ordinance.

B.

A record is to be kept by the zoning administrator of all changes made or required to be made to the official zoning map. The official zoning map is to be kept up to date, accessible to the general public and shall be the final authority as to the current zoning district status of all land and buildings in the city of Kentwood which are subject to the provisions of this ordinance.

The chapter, section, and subsection headings used in this zoning ordinance are for convenience only and are not part of the zoning ordinance.

A.

For the purpose of this ordinance, except as hereafter specifically provided, no lot, land, parcel or premises shall be used, maintained or occupied, and no building or structure or part thereof shall be constructed, erected, moved, placed, maintained, reconstructed, used, extended, enlarged or altered, except in conformity with the regulations specified for the zoning district in which it is located; these limitations being construed as the minimum legislation necessary to promote and protect the general welfare and safety of the community. Zoning affects every structure and use and extends vertically.

B.

If any building or part thereof is used, erected, altered or occupied contrary to law or to the provisions of this ordinance, that building shall be declared a nuisance per se and may be required to be vacated, torn down or abated by any legal means and shall not be used or occupied until it has been brought into conformance.

C.

If construction on a building is lawfully begun prior to adoption of this ordinance, nothing in this ordinance shall be deemed to require any change in the planned or designed use of that building, provided that actual construction is being diligently carried on, and further provided that the building shall be entirely completed for its planned or designed use within two years from the effective date of this ordinance.

D.

The use of any land or premises, or any structure, existing and lawful at the time of enactment of the zoning ordinance, or amendment thereto, may be continued even though the use does not conform to the current provisions of the zoning ordinance.

E.

Uses which are not expressly listed in a particular zone district to be permitted or allowed subject to special land use review are prohibited.

F.

Notwithstanding the foregoing, the co-location of a small cell wireless facility and associated support structure within a public right of way ("ROW") is not subject to zoning reviews or approvals under this ordinance to the extent exempt from such reviews under Act 365 of 2018, as amended ("Act 365"). In such case, a utility pole in the ROW may not exceed 40 feet above ground level without city approval and a small cell wireless facility in the ROW shall not extend more than five feet above a utility pole or wireless support structure on which the small cell wireless facility is co-located. Co-location of a small cell wireless facility or installation of an associated support structure shall require that the wireless provider apply for and obtain a permit from the city consistent with the City Code. New small cell wireless facilities and associated support structures not exempt from zoning reviews and approvals shall only be permitted in accordance with the provisions of this zoning ordinance and Act 365 and upon application for and receipt from the city of a permit consistent with the City Code.

A small cell wireless facility in the ROW that exceeds the height restrictions above is subject to special land use standards of section 15.02 of the Zoning Ordinance.

A new small cell wireless facility located outside of the ROW is subject to the special land use standards of section 15.02 and 15.04 JJ of the Zoning Ordinance.

As defined in chapter 2, definitions, the following uses are allowed only as provided for in the following. Refer to chapter 15, approval standards for special land uses, for applicable conditions.

P: Land and/or buildings may be used for the purposes listed by right.

SLU: Land and/or buildings may be permitted by obtaining special land use approval when all applicable standards as cited in chapter 15 and elsewhere are met:

(Ord. No. 7-03, § 1(1.07), 4-1-2003; Ord. No. 2-17, § 1, 2-7-2017, eff. 2-17-2017; Ord. No. 1-19, § 1, 3-18-2019)

For the purposes of this ordinance, the city of Kentwood is divided into the following zoning districts:

(Ord. No. 1-21, § 13, 3-22-2021, eff. 4-1-2021; Ord. No. 9-21, § 1, 11-16-2021)