Saugatuck City Zoning Code
ZONING DISTRICTS
AND DISTRICT REGULATIONS
§ 154.020 EFFECT OF ZONING.
(A) Zoning affects every structure and use.
(B) Except as hereinafter specified, no building, structure or premises shall hereafter be used or occupied, and no building or part thereof or other structure shall be erected, moved, placed, reconstructed, extended, enlarged or altered, except in conformance with the regulations herein specified for the zoning district in which it is located.
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002) Penalty, see § 154.999
§ 154.021 APPLICATION OF REGULATIONS.
(A) The regulations set by this chapter throughout the city and within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure, land or use.
(B) All buildings, structures or land may hereafter be constructed, altered or changed in use or occupancy only when in conformity with all of the regulations herein specified for the district in which it is located.
(C) No building or other structure shall hereafter be altered:
(1) To accommodate or house a greater number of persons or families than permitted by the zoning district; or
(2) To have narrower or smaller rear yards, front yards, side yards, other than permitted.
(D) No yard or lot existing at the time of the passage of this chapter shall be subdivided or reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002) Penalty, see § 154.999
§ 154.022 GENERAL REGULATIONS.
(A) Zoning permit required; conformance to zoning. In accordance with other city codes, ordinances and regulations duly adopted by the City Council, and in accordance with this chapter, no building or structure shall hereafter be erected, relocated or altered in its exterior dimension or use, and no excavation for any building shall be begun until a zoning and building permit has been issued. With respect to this Zoning Code, eligibility for a zoning permit shall be established upon conformance with the provisions contained in this chapter. This shall apply to all new construction, as well as to additions and improvements to existing structures. (See §§ 154.171 through 154.173 for application and procedures.)
(1) A zoning permit is required for detached accessory buildings or structures.
(2) Zoning permits will not be necessary for normal repairs to existing structures, or for minor improvements such as painting, new roofs and similar minor repairs and improvements or for minor landscaping.
(C) Structures.
(1) Restoring unsafe buildings. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the Building Inspector or the County Health Inspector and after approval by the Zoning Administrator.
(2) Minimum floor area for dwelling units. Each new dwelling shall have a minimum gross floor area in accordance with the following standards:
(a) Single-family detached. Each new dwelling unit shall have a minimum finished gross floor area of 600 square feet of floor area;
(b) Single-family attached, including two-family and townhouses. Each new dwelling unit shall have a minimum finished gross floor area of 900 square feet with a minimum of 600 square feet on the ground floor for units of more than one story; and
(c) Multiple-family dwellings.
Gross Floor Area/Unit in Square Feet
| |
Efficiency | 375 square feet |
One bedroom | 600 square feet |
Two bedrooms | 780 square feet |
Three bedrooms | 940 square feet |
In excess of 3 bedrooms | 940 plus 80 square feet for each additional bedroom |
(3) Sewage disposal facilities required. Each dwelling unit and principal structure shall be equipped with adequate water-carried sewage disposal facilities to comply with the city sanitary code in effect at the time of the erection or modification of the dwelling unit or principal structure.
(4) Structure to have access. Every principal structure hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking. Every easement for a private drive, street or road shall be a minimum of 15 feet wide.
(5) Principal building. Only one principal building and permitted accessory uses may be erected on any lot of record, except as may be permitted for planned unit development projects, special land uses or condominium developments
(D) Height limit. In the case of a principal building, the vertical distance measured from the average grade to the highest point of flat roofs, to the deck line of mansard roofs, and the average height between eaves and the ridge of gable, hip and gambrel roofs, shall not exceed 28 feet unless otherwise specified in this chapter. In no case shall the overall peak building height be greater than 32 feet when measured from the natural average grade.
(E) Height limit exceptions. The following may be exempted from height limit requirements, provided that no portion of the excepted structure may be used for human occupancy:
(1) Those purely ornamental in purpose such as belfries, cupolas, domes and ornamental towers/monuments, provided they do not exceed 40 feet in height above the average grade of the lot or parcel on which the feature will be located;
(2) Those necessary appurtenances to mechanical or structural functions, such as radio towers, masts and aerials, television antennas, wire transmission structures or other structures where the manufacturing process requires a greater height but do not exceed 100 feet in height;
(3) Public utility structures, but not including communication towers, except upon receipt of a special use permit;
(4) Wind power electrical generating towers shall not exceed 70 feet in height and the distance from the base of the tower to any lot line shall be ten feet more than the height of the tower; and
(5) Church spires and flag poles shall not exceed 50 feet in height.
(F) Lots.
(1) New lots to be buildable. All newly created lots shall have the net buildable area appropriate to the zone district in which it is located and appropriate access to a public or approved private road.
(2) Minimum lot size regulations to be met. No new lot shall be created which does not meet the minimum lot size regulations of this chapter.
(3) Corner lots. On a corner lot, each lot line which abuts a street shall be deemed to be a front lot line, and the required yard along both lot frontages shall be required front yard. The owner shall elect, and so designate in his or her application for the zoning permit, which of the remaining two required yards shall be the required side yard and which the required rear yard.
(4) Waterfront lots. Notwithstanding any other provisions of this chapter, all structures on a waterfront lot shall have a setback of 25 feet from the waterfront. The lot line which abuts the street shall be deemed to be the front lot line, and the two remaining yards shall both be required side yards.
(5) Flag lots. Where there is no other way to gain access to undeveloped land due to limited street frontage, new flag lots may be permitted to be used, provided that the flag lot has at least 20 feet of frontage on a public street, that this right-of-way serves only one lot, and that there is at least a distance equivalent to the lot width of a conforming lot between flag lots. The minimum front, side and rear yard requirements of the district in which a flag lot is located must be met on the portion of the lot excluding the right-of-way. (See Appendix, Figure 7).
(6) Lot division.
(a) No lot or lots in common ownership, and no yard, court, parking area or other space, shall be divided, altered or reduced to make such area or dimension less than the minimum required by the zone district in which it is located. No lot line adjustments shall be made which create or increase non-conformity with the minimum area or dimensions of the zone district in which it is located.
(b) After a land division is approved by the city, a document accomplishing the division must be filed by the property owner or the property owner’s agent with the Allegan County Register of Deeds Office within 90 days of the approval, or the approval will lapse. (See Saugatuck City Code § 153.01; land division ordinance for division of non-platted lots).
(7) More than one nonconforming lot may be considered only one lot. If more than one lot of record is held in common ownership and the lots are contiguous, undeveloped and substandard in size relative to the required minimum lot size in the zoning district, they shall for the purpose of this chapter, be held as one lot or as many lots as shall leave no lot substandard.
(G) Permitted yard encroachments. Whenever otherwise lawfully permitted the following may be permitted to encroach upon the minimum yard area and setback requirements of this chapter:
(1) Eaves, cornices or pilasters a maximum of two feet;
(2) Approved fences and signs;
(3) Flower boxes, a maximum of one foot;
(4) Sidewalks, driveways, parking lots;
(5) Utility meters or service points;
(6) Detached stairways on slopes with landings, provided the landing(s) do(es) not exceed the minimum requirement of the building code by more the 10%;
(7) Rails, cables, stairways, and motorized lifts on steep slopes, extending from ground floor doorways or detached from a structure;
(8) Front steps less than 36 inches high and wheel chair ramps;
(9) Decks not more than 30 inches above the surrounding finished grade at any point are permitted to encroach on required side and rear yards, provided they are not closer than seven feet to any side or rear property line;
(10) Patios not higher than 12 inches above the surrounding finished grade at any point are permitted to encroach on required side and rear yard setbacks provided they are no closer than 3 feet to any side or rear property line provided there still remains adequate access in the event of an emergency;
(11) Patios between 12 inches and 30 inches above the surrounding finished grade at any point my encroach on required side and rear yards, provided that they or not closer than seven feet to an side or rear property line provided there still remains adequate access in the event of an emergency;
(12) Hot tubs, spas, and in ground swimming pools along with their associated or contiguous patios and decks, may encroach into ½ of the required side or rear yard setbacks, but in no case shall be closer than seven feet to any property line. No such structures shall be permitted in the front yard. Waterfront pool enclosure fencing as required by the State Construction Code shall conform with § 154.143(F)(6);
(13) Driveways and landscaping;
(14) Arbors, trellises, yard ornaments, statuary, flagpoles;
(15) Plantings, shrubs, landscaping and indigenous vegetation;
(16) Sandboxes, swings, picnic tables, barbecues and similar accessory recreational equipment;
(17) Pad-mounted air-conditioning, heating or ventilating equipment, located in side or rear yards provided that they are no closer than two feet from any side or rear yard lot line;
(18) Uses not specifically itemized, but which are similar in nature to any of the foregoing uses.
(H) Accessory buildings and structures. All new accessory buildings and structures shall conform with all of the following requirements.
(1) Accessory buildings shall not be erected within ten feet of any other building.
(2) Maximum area, maximum lot coverage and minimum setback standards for accessory buildings and structures are as listed below.
(a) Maximum area shall not exceed the ground floor area of the main building.
(b) Maximum lot coverage shall not exceed the lot coverage requirements as shown in district regulations.
(c) Minimum setback shall meet the schedule of regulations for the district.
(3) Accessory buildings and structures shall not be erected on a lot or parcel prior to the establishment of a principal structure. Where two or more abutting lots are held under one ownership, the owner may erect an accessory building on a lot separate from that on which the principal building is located.
(4) Accessory buildings and structures shall not occupy any portion of the required setback area.
(5) Accessory buildings and structures that are portable in nature shall comply with the regulations herein, including the minimum setback requirements for principal buildings specified in the dimension and area regulations for the zoning district in which they are located. This shall include, but not be limited to, buildings and structures constructed on skids and/or frames, and those without attachment to a foundation. All accessory buildings shall be required to obtain a zoning permit prior to installation.
(6) Accessory buildings and structures that do not fall into any of the categories specified herein shall meet the minimum setback requirements for principal buildings specified in the dimension and area regulations for the zoning district in which they are located.
(7) Habitation of accessory structures. No accessory building or structure, including, without limitation, a garage or cellar, whether fixed or portable, may be used or occupied as a dwelling unless permitted in accordance with the provisions of divisions (M), (R), or (W).
(I) Parking.
(1) Off-street parking. All buildings located in the city shall provide off-street parking adequate for the use intended, as specified in § 154.135.
(2) Parking, storage or use of major recreational or commercial equipment. No major recreational or commercial equipment shall be parked or stored in any required front yard, provided, however, that the equipment may be parked for not more than 24 hours during loading or unloading. No such equipment shall be used for permanent living or housekeeping purposes when parked or stored in any location not approved for such use.
(J) Regulations applicable to single-family dwellings located outside of manufactured home parks. Any single-family dwelling, whether constructed and erected on a lot or a manufactured home, shall be permitted outside a manufactured home park only if it complies with all of the following requirements:
(1) If the dwelling unit is a manufactured home, the manufactured home must either be new and certified by the manufacturer and/or appropriate inspection agency as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as amended, or any similar successor or replacement standards which may be promulgated, or used and certified by the manufacturer and/or appropriate inspection agency as meeting the standards referenced above, and found, on inspection by the Building Inspector or his or her designee, to be in excellent condition and safe and fit for residential use;
(2) The dwelling unit shall comply with all applicable building, electrical, plumbing, fire, energy and other similar codes which are or may be adopted by the city, provided, however, that where a dwelling unit is required by low to comply with any federal or state standards or regulations for construction, and where such standards or regulations for construction are different than those imposed by city codes, then and in such event the more restrictive standard or regulation shall apply. Appropriate evidence of compliance with such standards or regulations shall be provided to the City Building Inspector;
(3) The dwelling unit and the lot on which the unit is placed shall comply with all restrictions and requirements of this chapter including, without limitation, the minimum lot area, minimum lot width, minimum residential floor area, required yards and maximum building height requirements of the underlying zone district;
(4) If the dwelling unit is a manufactured home, the manufactured home shall be installed with the wheels removed;
(5) The dwelling unit shall be firmly attached to a permanent continuous foundation constructed on the building site, such foundation to have a wall of the same perimeter dimensions as the dwelling unit and to be constructed of such materials and type as required by the Building Code for on-site constructed single-family dwellings. If the dwelling unit is a manufactured home, its foundation shall fully enclose the chassis, undercarriage and towing mechanism;
(6) If the dwelling unit is a manufactured home, it shall be installed pursuant to the manufacturers set-up instructions and shall be secured to the building site by an anchoring system or device complying with the rules and regulations, as amended, of the Michigan Mobile Home Commission, or any similar or successor agency having regulatory responsibility for manufactured home parks;
(7) Permanently attached steps or porch areas at least three feet in width shall be provided where there is an elevation difference greater than eight inches between the first floor entry of the dwelling unit and the adjacent grade; and
(8) No basement, cellar, garage or damaged or incomplete structure shall be used as a dwelling.
(K) Home business; purpose. Home businesses are allowed in residential areas of the city as a means for a person or persons to work out of their home with a slightly higher level of intensity than a home occupation but still resulting in a minimal impact on the adjacent properties and the neighborhood and a moderate amount of activity on the premises. A home business may be permitted subject to all of the following.
(1) Unless otherwise provided for the by zone district, home businesses shall be subject to site plan review and approval by the Planning Commission. The adjacent property owners within 300 feet shall be notified of the home business request. The notice shall indicate the nature of the request, the time, date and place at which the request will be considered by the Planning Commission; and, shall indicate the opportunity and process for public comment on the application.
(2) Not more than two persons, plus members of the immediate family residing on the premises, shall use, be located or stationed at the home for business purposes.
(3) The home business shall be operated entirely within the main building, permitted garage (attached or detached), or permitted accessory building.
(4) The use of the dwelling for the home business shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall not use on area exceeding more than 50% of the main floor area of the dwelling unit. Not more than 75% of the garage or permitted accessory structure may be used in the conduct of the home business. Pursuant to use of the garage or permitted accessory structure, the home business shall not result in the displacement and outside placement of equipment and materials (e.g. lawn mower, snow blower, garden equipment, recreation equipment and the like) normally stored in the garage or accessory structure as associated with the residential nature of the premises.
(5) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the home business, other than one sign, not exceeding two square feet in area, non-illuminated, and mounted on the wall of the main building facing the street which shall comply with all provisions of the sign requirements. No over-the-counter retail sales or other sales of merchandise or products shall be conducted upon the premises except for incidental products related to the home business or those goods actually produced on the premises.
(6) The home business shall not generate more than eight client trips per day to the home during the hours of 8:00 a.m. to 8:00 p.m. Clients shall not be received during other hours unless approved by the Planning Commission. Any need for parking generated by the conduct of the home business shall be provided off street.
(7) No equipment or process shall be used in such home business which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal human senses at or beyond the property line of the site at which the home business is conducted. Pursuant to electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or cause fluctuation in line voltage off the premises.
(8) The home business shall not require any type of special construction beyond that customarily associated with a single-family dwelling.
(9) The home business shall not involve the storage or use of any significant amount of materials for which there is a high risk of flammability or explosion. For purposes of this section, SIGNIFICANT AMOUNT shall be defined as any amount and/or use and/or type of material that would be classified by the City Building Code as requiring any form of special construction beyond that customarily associated with single-family dwellings.
(10) In reviewing and approving a home business, the Planning Commission shall determine that:
(a) The request for a home business is consistent with the residential character of the neighborhood; and
(b) The proposed home business will have a minimal impact on the adjacent properties and on the neighborhood.
(11) The Planning Commission may require conditions which are considered necessary to ensure the residential integrity of the premises and the neighborhood.
(12) Approved home businesses are subject to the provisions of city code Chapter 110.
(L) Home occupation. Home occupations are allowed in residential areas of the city as a means for a person or persons to work at home with minimal visibility and impact on the adjacent properties and the neighborhood and a minimal amount of activity on the premises. The home occupation shall comply with all of the following regulations:
(1) Home occupations shall be approved by the Zoning Administrator who upon receipt of a completed application has determined that the proposed home occupation meets the provisions of the Ordinance;
(2) Only those members of the immediate family residing on the premises, plus not more than one non-resident, shall be engaged in the home occupation;
(3) The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and shall not use on area exceeding more than 50% of the main floor area of the dwelling unit;
(4) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the home occupation; signs advertising the home occupation are not allowed;
(5) The home occupation shall be operated entirely within the main building, permitted garage (attached or detached), or permitted accessory building;
(6) No over the counter retail sales or other sales of merchandise or products shall be conducted upon the premises except for incidental products related to the home occupation or those goods actually produced on the premises. Sales may be made if goods and services are not transferred on the premises;
(7) Home occupations shall not generate more than eight client trips per week to the home during the hours of 8:00 a.m. to 8:00 p.m. Clients shall not be received during other hours. Any need for parking generated by the conduct of the home occupation shall be met off the street;
(8) No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal human senses at or beyond the property line of the site at which the home occupation is conducted. Pursuant to electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or cause fluctuation in line voltage off the premises;
(9) The home occupation shall not require any type of special construction beyond that customarily associated with a single-family dwelling;
(10) The home occupation shall not involve the storage or use of any significant amount of materials for which there is a high risk of flammability or explosion. For purposes of this section, significant amount shall be defined as any amount and/or use and/or type of material that would be classified by the City Building Code as requiring any form of special construction beyond that customarily associated with single-family dwellings;
(11) Pursuant to the use of a garage or accessory structure, the home occupation shall not result in the displacement and outside placement of equipment and materials (e.g. lawn mower, snow blower, garden equipment, recreation equipment and the like) normally stored in the garage or accessory structure as associated with the residential nature of the premises;
(12) Instruction in a craft or fine art shall be considered a home occupation, provided, however, all requirements of this section shall be complied with; and
(13) Approved home occupations are not subject to the provisions of Chapter 110.
(M) Temporary buildings, structures and uses.
(1) Generally. Temporary buildings, structures and uses are permitted in all districts unless otherwise provided. Temporary buildings and structures not greater than 300 square feet in area may be placed on a lot or parcel of record and used only under the following conditions and as authorized by a temporary zoning permit issued by the Zoning Administrator.
(a) Fire damage. During renovation of a permanent building damaged by fire. The temporary building or structure must be removed when repair of fire damage is complete, but in no case shall it be located on the lot or parcel for more than 180 days.
(b) Construction. Temporary buildings and structures not used for dwelling purposes, incidental to construction work shall be removed within 15 days after construction is complete, but in no case shall the building or structure be allowed more than 12 months, unless expressly authorized after petition to the Zoning Board of Appeals.
(c) Churches and schools. Temporary buildings and structures incidental to a church or school, provided that all wiring, plumbing, fire protection and exits are approved by the Fire Chief, Building Inspector, and by relevant state agencies..
(d) Christmas tree sales. The display and sale of Christmas trees in the City Center Commercial (C-1), or at a school, church, campground or nursery is permitted by a temporary zoning permit, provided it is incidental and accessory to the principal use. The temporary zoning permit for the display and sale on an open lot shall be valid for a period not to exceed 45 days, and any temporary building or structure shall be removed by December 31. All unsold trees must be removed from the property by December 31 of each calendar year.
(e) Auctions. The public auction of property shall be permitted for not more than five days and no sales activity shall occur within 30 feet of any street or road right-of-way.
(f) Recreational trailers. Recreational trailers, pick-up campers or coaches designed to be mounted on automotive vehicles, self-propelled dwellings, tent trailers and the like may be permitted to be occupied for dwelling purposes in a residential zone district for up to three consecutive days, three times a year on a property which is owner occupied. For purposes of this section OWNER OCCUPIED PROPERTY means that there is located on the same property a single family home that is not used as a short term rental for any part of a year.
(2) Performance guarantee. The Zoning Administrator may require a performance guarantee in the form of cash, check, savings certificate or performance bond which will be deposited with the City Clerk in an amount equal to the estimated cost of removing any temporary structure authorized under this section should the temporary structure not be removed by an applicant at the end of an authorized period. The applicant shall similarly sign an affidavit holding the city harmless against any claim for damages if the city were to subsequently use the performance guarantee to remove the temporary structure after its authorized period had expired. The performance guarantee shall be returned when all the terms and conditions of the temporary zoning permit have been met and the temporary use or structure has been removed.
(3) Applications. A written temporary zoning permit application for all temporary buildings, structures, and uses shall contain the following information:
(a) The applicant’s name;
(b) The location and effective dates of the temporary use;
(c) Conditions specified by which the permit is issued, such as:
1. Use and placement of signs;
2. Provision of security and safety measures;
3. Control of nuisance factors; and
4. Submission of performance guarantee;
(4) Permits. A temporary zoning permit may be approved, modified, conditioned, or denied by the Zoning Administrator consistent with the standards set forth in this section. The Zoning Administrator may refer the application to the Planning Commission where reasonably warranted.
(5) Conditions of approval.
(a) The nature and intensity of the temporary use and the size and placement of any temporary structure shall be planned so that the temporary building, structure, or use will be compatible with existing development.
(b) The building, structure, or use shall not be typically located within a permanent building or structure.
(c) The parcel shall be of sufficient size to adequately accommodate the temporary building, structure, or use.
(d) The location of the temporary building, structure, or use shall be such that adverse effects on surrounding properties will be minimal, particularly regarding the traffic generated by the temporary building, structure, or use.
(e) Off-street parking areas are of adequate size for the particular temporary building, structure, or use and properly located, and the entrance and exit drives are laid out so as to prevent traffic hazards and nuisances.
(f) Signs shall conform to the provisions of this chapter and any other city ordinance regulating signs.
(g) Any lighting shall be directed and controlled so as to not create a nuisance to neighboring property owners.
(h) The Zoning Administrator may impose conditions with the issuance of the permit which are designed to insure compliance with the requirements of this chapter. The Zoning Administrator may revoke a permit for nonconformance with the requirements of this section and a permit issued thereunder.
(i) Permits which are renewable shall have an application filed for renewal at least 15 days prior to the expiration date of the current permit, except that applications for renewal or extension of a permit for less than 15 days may be applied for no later than three days prior to the expiration date of the current permit.
(6) Revocation. Upon expiration or revocation of a temporary zoning permit for a temporary use, the temporary building, structure, or use shall cease and all temporary structures, dwellings or buildings shall be removed from the parcel of land. A temporary zoning permit may be revoked or modified by the Zoning Administrator if any one of the following findings are documented by the Zoning Administrator:
(a) That material circumstances have changed;
(b) That the temporary zoning permit was obtained by misrepresentation or fraud;
(c) That one or more of the conditions of the temporary zoning permit have not been met; or
(d) That the use is in violation of any statute, ordinance, law or regulation.
(7) Appeal. An appeal of a decision by the Zoning Administrator relative to denial or revocation of a temporary zoning permit for a temporary building, structure, or use or renewal thereof may be taken to the Zoning Board of Appeals.
(N) Surfacing of parking lots and pedestrian walks. All areas provided for use by commercial or industrial vehicles and all pedestrian walks shall be surfaced with bituminous asphalt, concrete or similar materials as approved by the city and properly drained. See § 154.130.
(O) Refuse containers. Refuse containers shall be screened. Screening shall consist of vegetation or solid fencing. Containers (including the container site and container lids) shall be properly secured and maintained to prevent unauthorized use, to avoid odors, and to prevent infestation by rodents and vermin. Refuse container screening shall be designed and constructed consistent with the character of surrounding development. See § 154.142 and Chapter 152.
(P) Ingress and egress. In all districts, provisions shall be made for safe and efficient ingress and egress to the public streets and highways serving the property without creating undue congestion or interference with normal traffic flow. Pursuant to the above requirement, the city may require an applicant to provide a traffic impact analysis demonstrating compliance with the above standard if the city determines that a proposed project has a reasonable potential of resulting in congestion and/or on unsafe traffic situation. The traffic impact analysis shall be performed by a qualified Traffic Engineer.
(Q) Infrastructure design and construction. The design and construction of all streets, sidewalks, water systems, sanitary systems, storm sewer systems, surface water retention and detention systems, fire protection/suppression systems, and other such infrastructure shall meet or exceed city standards.
(R) Bed and breakfast establishments. Bed and Breakfast Establishments (B&B), as defined by this chapter, are permitted as special land uses in certain districts. In addition to compliance with the special land use standards and provisions, all B&Bs shall meet the following criteria.
(1) Rooms utilized for guest sleeping shall not exceed two occupants per room not including children under the age of 12. Each room for guest sleeping shall contain at least 100 net square feet of room size.
(2) The B&B facility and operation shall meet all applicable building, health and related safety codes. All sleeping rooms shall contain a separate smoke detector in proper working order. Each floor of the dwelling shall contain a fire extinguisher in proper working order in conformance with all applicable fire codes.
(3) The guest room charge shall include the preparation and serving of breakfast to overnight guest. No additional breakfast fee shall be charged.
(4) No separate or individual cooking facilities shall be provided for the use of guests, including existing cooking facilities.
(5) The B&B operation may include a wall sign, attached flat against the front face of the dwelling, not to exceed two square feet in area. The sign shall be non-illuminated and designed and constructed consistent with the architectural and aesthetic character of the dwelling to which the sign shall be affixed. In lieu of a wall sign, the Planning Commission may permit a free-standing sign, not to exceed four square feet. (See § 154.141 and Chapter 152).
(6) No guest shall reside on the premises for more that 14 consecutive days, and not more than 30 days in any one year.
(7) Off-street parking shall be provided as required by the parking regulations of this chapter. See § 154.130.
(8) The use of outdoor yard areas, open decks, pools and the like shall not result in the production of excessive off-site noise, odor and other external disturbances. Said determination to be based on the judgement of the Zoning Administrator. Approval of the B&B operation may be conditioned upon the installation of screening, fencing, plantings and/or other such installations and conditions to help ensure compatibility of the B&B operation with the surrounding area.
(9) An existing residential structure may be converted to a bed and breakfast and exterior additions to an existing residential structure for the purpose of providing additional rental rooms shall only be allowed if all of the following conditions are met:
(a) The parcel of property must meet all of the provisions of this chapter for the particular zone in which the proposed bed and breakfast is located; and
(b) All of the special land use permit requirements of this subchapter shall be met.
(10) An accessory building or buildings on the same lot as a principal building used as a B&B may be used as accessory guest buildings, provided the following requirements are met:
(a) The lot must be in the R-4 City Center Transitional Residential (CER) Zoning District.
1. The overall site plan shall not detract from the cohesive appearance and layout of the subject block and surrounding neighborhood.
2. Accessory guest buildings shall be designed to be compatible with the existing built character of the block in which they are located, as well as nearby blocks that are similar in character, including consistency with prevailing building density, mass, bulk, scale, and design.
(c) All requirements of § 154.022(R)(1) through (9) must be met.
(d) There shall be no more than two accessory guest buildings per principal bed and breakfast building.
(e) An individual accessory guest building shall include no more than three guest rooms.
(f) The total number of guest rooms within accessory guest buildings shall not exceed 50% of the total number of guest rooms within the principal building or six, whichever number is less.
(g) Any newly constructed accessory guest building must meet all requirements of § 154.022(H).
(h) Conversions of existing buildings.
1. The conversion of existing buildings that previously served as principal or accessory buildings into accessory guest buildings must meet all requirements of § 154.022(H). However, existing buildings that do not currently comply with height, lot coverage, or setback requirements may be approved by the Planning Commission for conversion to accessory guest buildings if special land use standards are satisfied.
2. Any expansion to a building proposed to be converted to an accessory guest building shall comply with § 154.022(H).
3. Conversions that do not alter the footprint or height of the building(s) shall not be considered to be an expansion of a dimensional non-conformity.
(S) Reserved.
(T) Reserved.
(U) Reserved.
(V) Short-term rentals. Short-term rentals shall require a license pursuant to the Chapter 99.5, Short-Term Rentals, and shall comply with the following requirements:
(1) Short-term rentals shall only be permitted in dwelling units that satisfy all the applicable requirements of this chapter.
(2) Signs shall be subject to the applicable provisions of § 154.141.
(3) Maximum limits on short-term rental licenses.
(a) Findings and purpose. The city formed a task force, conducted studies, took surveys, and held public hearings to better understand the benefits and impacts of short-term rentals within the city. The city recognizes that while short-term rentals offer many benefits, short-term rentals are commercial in nature and that the over proliferation of short-term rentals may, among other things, be incompatible with, and may cause adverse impacts to, residential uses and the long-term residential character of certain zoning districts. The city also recognizes that its R-1 zoning districts are intended to promote and preserve single-family residential uses and are the most susceptible to the potential negative effects of the unchecked growth of short-term rentals. The city therefore finds that the public health, safety, and welfare will be best served by a maximum limit on the number of short- term rental licenses that may be approved in its R-1 zoning districts initially equal to approximately 20% of the total dwelling units in each R-1 district. It is the city's intent for this maximum limit to operate prospectively and to allow existing short-term rental licenses and certificates to continue to operate and renew, and to achieve such limits through attrition as licenses or certificates expire, are terminated, or are voided within districts that exceed the established limit.
(b) Initial maximum limit on licenses in R-1 zoning districts. The initial maximum number of short-term rental licenses that may be issued in each R-1 zoning district shall be established as follows:
1. Community Residential R-1: No more than 67 licenses.
2. Peninsula West R-1: No more than ten licenses.
3. Maple Street R-1: No more than seven licenses.
4. Peninsula South R-1: No more than 11 licenses.
5. Peninsula North (Duneside) R-1: No more than three licenses.
6. Peninsula North (Riverside) R-1 : No more than two licenses.
(c) Effect of maximum limit. When the number of short-term rental licenses and short- term rental certificates in a zoning district meets or exceeds the maximum number of licenses established for that district, the city shall not accept any additional applications for short-term rental licenses in that district until the number of active (e.g., not expired, voided, or terminated) short-term rental licenses and/or short-term rental certificates in that district falls below the maximum number, creating an available license. This maximum limit shall not be the basis for the termination or nonrenewal of an issued and otherwise valid short-term rental license.
(d) Accessory dwelling units. Accessory dwelling units shall not be subject to the maximum number of licenses established herein, such that accessory dwelling units may be licensed as short-term rentals even if the current number of short-term rental licenses in the applicable zoning district exceeds the maximum limit. In addition, accessory dwelling units shall not be counted towards the total number of dwelling units in a district for the purposes of calculating the maximum limit of short-term rental licenses.
(e) Issuing available licenses. The city shall develop a policy for providing notice of available short-term rental licenses and for receiving and approving applications for the same once the number of active short-term rental licenses in a zoning district falls below the maximum limit. When short-term rental licenses become available, submitted applications shall be selected for processing and approval through a random lottery.
(W) Accessory dwelling unit. An accessory dwelling unit, as defined in § 154.005 shall meet the following criteria:
(1) An accessory dwelling unit shall be permitted on a lot where the principal use is an existing single-family detached dwelling.
(2) Occupancy of an accessory dwelling unit permitted by right shall be limited to the following:
(a) Owners/occupants of the single-family detached dwelling on the same property.
(b) Non-renting invited guests of the owners/occupants of the single-family detached dwelling on the same property, such as family or friends.
(c) Renters of the single-family detached dwelling on the same property if both the single-family detached dwelling and accessory dwelling unit are rented under a single contract. Renting both the single-family detached dwelling and the accessory dwelling unit under a single contract does not require a special land use approval. If an accessory dwelling unit is rented in conjunction with a single-family detached dwelling for less than 31 days, each dwelling unit must obtain a short-term rental license pursuant to the Chapter 99.5, Short-Term Rentals, and shall otherwise adhere to all of this chapter's requirements concerning short-term rentals.
(3) Minimum and maximum size.
(a) An accessory dwelling unit shall have the minimum gross finished floor area necessary to satisfy the State of Michigan Building Code for residential occupancy.
(b) An accessory dwelling unit shall not exceed the lesser of 30% of the gross finished floor area contained within the single-family detached dwelling or 600 square feet of gross finished floor area; except, in the CRC zone district when the parcel on which the accessory dwelling unit is located is two or more acres in area, the floor area of an accessory dwelling unit shall not exceed the lesser of 30% of the gross floor area of the principal residence or 1,500 square feet.
(c) For purposes of this section, the floor area of an accessory dwelling unit is the total gross finished floor area intended for living, sleeping, bathing, eating and cooking. In the case of an accessory dwelling unit attached to or incorporated with a detached accessory building intended for other purposes, such as accessory studio, shop, or storage space, there shall be no internal access and connection to the additional floor area intended for the other purpose if the result of the connection would exceed the maximum gross finished floor area required for the accessory dwelling unit.
(4) An accessory dwelling, which is not located within the single-family detached dwelling, shall not be located between the front door of the single-family detached dwelling and the public right-of-way, unless located above an existing detached accessory structure.
(5) An accessory dwelling shall be subject to all setback and lot coverage requirements applicable to a single-family detached dwelling in the district in which it is located.
(6) No more than one accessory dwelling unit is permitted on any lot.
(7) Accessory dwellings shall not be permitted to have independent electric, gas, or water meters from the single-family detached dwelling.
(8) An accessory dwelling unit attached to a single-family detached dwelling shall have a separate entrance from the exterior of the single-family detached dwelling.
(9) A lot with an accessory dwelling unit shall provide one additional parking space on a fully improved surface of concrete, asphalt, or brick, gravel, stone, or other surface approved by the city.
(10) The rental of an accessory dwelling unit independently from the single-family detached dwelling on the same parcel shall be prohibited without receiving special land use approval from the Planning Commission as authorized in § 154.092(J).
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. passed 5-10-2004; Am. Ord. 070611-1, passed 6-11-2007; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 100726-1, passed 7-26-2010; Am. Ord. 111212-1, passed 12-12-2011; Am. Ord. 140714-1, passed 7-14-2014; Am. Ord. 150427-2, passed 4-27-2015; Am. Ord. 161114-1 passed 11-14-2016; Am. Ord. 161128-2, passed 11-28-2016; Am. Ord. 170213-2, passed 2-13-2017; Am. Ord. 170522-1, passed 5-22-2017; Am. Ord. 181112-1, passed 11-12-2018; Am. Ord. 181226-2, passed 12-26-2018; Am. Ord. 240229-A, passed 2-29-2024; Am. Ord. 240826-A, passed 8-26-2024; Am. Ord. 250210-B, passed 2-10-2025; Am. Ord. 250310-A, passed 3-10-2025) Penalty, see § 154.999
§ 154.023 LI-1 BLUE STAR DISTRICT (LIND).
(A) Generally.
(1) It is the intent of this district to serve as a transitional zone between the adjacent residential districts and the commercial district in the abutting township.
(2) Properties which abut a residential zone shall utilize adequate screening, green belts or buffers to minimize the impacts on the residential zone.
(3) This district will allow uses which traditionally do not cause excessive noise, vibration, odors, visual blight, pollution, use hazardous processes, and are not manufacturing or fabricating base industries.
(4) The district will provide business and industry a location in the city which is consistent with the density and area needs which cannot be found in central business district or industrial district.
(B) Permitted uses:
(1) Equipment rental and leasing;
(2)
Nursery, flower, plant or garden shops, provided all incidental equipment and supplies, including fertilizer, tools and containers, are kept within a completely enclosed structure;
(3) Amusement and recreation services;
(4) Contractor’s stores (plumbing, heating, electrical and the like), provided all operations and storage are conducted within an enclosed structure;
(5) Lumber yards;
(6) Marine contractors;
(7) Veterinary hospitals or clinics;
(8) Off-street parking;
(9) Storage buildings; and
(10) Art gallery.
(1) Automobile parts stores, enclosed structures only;
(2) Lodge hall, private clubs, veterans clubs;
(3) Research laboratory;
(4) Bowling alleys;
(5) Billiards, pool halls;
(6) Automotive services;
(7) Recreational transportation rental facilities; and
(8) Gas stations.
(D) Dimensions and area regulations:
Front setback | 50 feet |
Side setbacks | 15 feet |
Rear setback | 25 feet |
Minimum lot area | one acre |
Maximum lot coverage | 25% |
Minimum lot width | 150 |
(E) Parking. Parking shall be provided in paved and lighted lots. Parking lots shall be provided in rear and side yards only.
(F) Landscaping. Front yards shall utilize existing vegetation wherever possible. Landscaping plans for front yards shall be submitted to the Planning Commission for review and approval. Berms may be substituted for some landscaping.
(G) Driveways and curb cuts. The location of a driveway curb cut to any street shall be:
(1) Fifty feet from an intersection of any two streets;
(2) Fifty feet from another driveway, regardless of which side of the street the drive is located on, as measured along a line drawn parallel to the center line of the street;
(3) The width of a driveway shall be a minimum of 20 feet and not greater than 35 feet; and
(4) There shall be one driveway curb cut per property.
(H) Outside storage. Storage or warehousing of materials, goods, display cases and any related items shall not be permitted outside of any building in the LI-1 district.
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. passed 12-9-2002; Am. Ord. 101122-1, passed 11-22-2010; Am. Ord. 111212-1, passed 12-12-2011; Am. Ord. 140714-1, passed 7-14-2014)
§ 154.024 C-1 CITY CENTER COMMERCIAL DISTRICT (CC).
(A) Generally.
(1) This district is designed to promote and preserve the Central Business District character of the city.
(2) The district permits intense retail and commercial uses.
(3) Residential uses and business and professional offices are encouraged on the second and third floors of buildings in the district.
(4) Utilization of existing undeveloped land in the district is encouraged when done in a manner consistent with the character of the district.
(B) Permitted uses.
(1) Essential public services;
(2) Retail stores;
(3) Personal service establishments;
(4) Art galleries;
(5) First-floor and upper-floor apartments, except that first-floor apartments shall not front public streets. First-floor apartments may front public or private alleys, private streets, private driveways, side yards, and rear yards;
(6) Home occupations;
(7) Short-term rental of allowable apartments; and
(8) Business, professional offices on first or upper floors, except that first-floor offices shall not front public streets. First-floor offices may front public or private alleys, private streets, private driveways, side yards, and rear yards.
(1) Bed and breakfast;
(2) Hotel/inn;
(3) Motel/motor court;
(4) Theater;
(5) Parking facility;
(6) Restaurants;
(7) Rental of accessory dwellings;
(8) Recreational transportation rental facilities; and
(9) Brewery, distillery, and winery.
(D) Dimension and area regulations.
(1) Permitted uses and special uses: 4. Theater, 5. Parking facility, 6. Restaurants, 8. Recreational transportation rental facilities, and 9. Brewery, distillery, and winery.
Front setback | 0 feet |
Side setback | 0 feet* |
Rear setback | 0 feet* |
Minimum lot area | 4,356 square feet |
Minimum lot width | 33 feet of street frontage |
Maximum lot coverage | 100%* |
* Subject to Fire Code Regulations | |
(2) Special uses: 1. Bed and breakfast, 2. Hotel/inn, 3. Motel/motor court, and 7. Rental of accessory dwellings.
Front setback | 0 feet |
Side setback | 0 feet* |
Rear setback | 0 feet* |
Minimum lot area | 8,712 square feet |
Minimum lot width | 66 feet |
Maximum lot coverage | 100%* |
* Subject to Fire Code Regulations | |
(Ord. passed 6-24-1996; Am. Ord. 050711, passed - -; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 100726-1, passed 7-26-2010; Am. Ord. 101122-1, passed 11-22-2010; Am. Ord. 110214-1, passed 12-14-2011; Am. Ord. 111212-1, passed 12-12-2011; Am. Ord. 140714-1, passed 7-14-2014; Am. Ord. 200622-1, passed 6-22-2020; Am. Ord. 201109-D, passed 11-9-2020; Am. Ord. 240229-A, passed 2-29-2024)
§ 154.025 R-4 CITY CENTER TRANSITIONAL RESIDENTIAL DISTRICT (CER).
(A) Generally.
(1) The purpose of the Transitional Residential Zone is to create a buffer zone from the high intensity City Center Commercial Zone to the low intensity Community Residential Zone.
(2) This zone will permit a limited number of mixed uses but intentions are to promote residential land uses.
(3) As a transitional zone its character shall be reviewed more frequently to assess the needs of the adjoining zones.
(4) This zone is not intended to be static but rather to adjust with the development needs of the community.
(B) Permitted uses:
(1) Dwelling, single-family detached, with a floor area ratio that does not exceed 0.3:1;
(2) Dwelling, two-family;
(3) Essential public services;
(4) Bed and breakfasts with guest rooms only in the principal building;
(5) Home occupations; and
(6) Short-term rental unit.
(1) Home businesses;
(2) Rented accessory dwelling units in accordance with § 154.092(J); and
(3) Dwelling, single-family detached, with a floor area ratio that exceeds 0.3:1.
(4) Bed and breakfasts with guest rooms in the principal building and in an accessory guest building or buildings.
(D) Dimension and area regulations.
Front setback | 20 feet** |
Side setback | 7 feet |
Rear setback | 10 feet |
Minimum lot area | 8,712 square feet |
Minimum lot width | 66 feet |
Maximum lot coverage | 25%* |
* Maximum lot coverage in this district may be increased to a maximum of 35% for properties that are below, the required minimum lot area following a hearing and approval by the Zoning Board of Appeals at which time consideration of factors affecting adjoining properties will be reviewed. All other dimension and area regulations shall be met. The following formula shall be used in calculating the allowable lot coverage and shall be rounded to the nearest whole percentage: minimum lot area divided by actual lot area multiplied by 25%. | |
** If structures are established on at least 40% of the parcels on the same side of the street between two intersecting platted streets and at least half of the established structures are built within the required front yard setback, the front yard setback for new construction may be reduced to the lesser established front yard setback, provided that no new construction may be established closer than seven feet to the front street line. This section shall not require a front yard greater than that required for this zone district. | |
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. passed 6-24-2002; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 100726-1, passed 7-26-2010; Am. Ord. 140714-1, passed 7-14-2014; Am. Ord. 161114-1, passed 11-14-2016; Am. Ord. 170911-1, passed 9-11-2017; Am. Ord. 211108-A, passed 11-8-2021; Am. Ord. 250310-A, passed 3-10-2025)
§ 154.026 R-1 COMMUNITY RESIDENTIAL DISTRICT (CR).
(A) Generally.
(1) This district is designed to protect and promote low density single-family residential uses and development in the city.
(2) The purpose of this district is to preserve the residential character of the district and to provide a mechanism for orderly development in undeveloped areas.
(3) Residential land use is the only use that will be permitted or encouraged in this district.
(B) Permitted uses:
(1) Dwelling, single-family detached, with a floor area ratio that does not exceed 0.3:1;
(2) Essential public services;
(3) Home occupations; and
(4) Short-term rental unit.
(1) Home businesses;
(2) Religious facilities;
(3) Rented accessory dwelling units in accordance with § 154.092(J); and
(4) Dwelling, single-family detached, with a floor area ratio that exceeds 0.3:1.
(D) Dimension and area regulations.
Front setback | 20 feet |
Side setback | 7 feet |
Rear setback | 10 feet |
Minimum lot area | 8,712 square feet |
Minimum lot width | 66 feet |
Maximum lot coverage | 30% |
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 100628-1, passed 6-28-2010; Am. Ord. 100726-1, passed 7-26-2010; Am. Ord. 140714-1, passed 7-14-2014 ; Am. Ord. 170911-1, passed 9-11-2017)
§ 154.027 CONSERVATION, RECREATION AND CAMP DISTRICT (CRC).
(A) Generally.
(1) This district is designed to maximize preservation of the existing environment by providing for a private recreation camp and low density residential uses.
(2) It is a restrictive zone, intended to permit development only after an in-depth review and zoning approval. This is in order to help protect and enhance natural resources, amenities and natural wildlife habitats, to ensure the availability of adequate utilities and public services, and to protect public health, safety and welfare.
(3) The purpose of this district is to accommodate private recreation camps and residential uses so that they generally relate to one another and the surrounding uses in terms of site design, architectural compatibility, and access and so that potential conflicts are minimized.
(4) The zone is also regulated by critical dunes legislation, M.C.L.A. §§ 324.35301 et seq., as amended, and the Shorelands Protection Act, M.C.L.A. §§ 324.32301 et seq., as amended, and any other applicable state and/or federal regulations.
(B) Permitted uses:
(1) Essential public services;
(2) Private recreation camps that existed prior to July 10, 2006, provided that the Planning Commission has certified a site plan and supporting documentation indicating existing land uses, and building locations, heights and their capacity; and
(3) Park or preserve.
(1) Single-family homes;
(3) Rented accessory dwelling units in accordance with § 154.092(J).
(D) Regulations for single-family dwelling use.
Front setback | 100 feet |
Side setback | 50 feet |
Rear setback | 50 feet |
Minimum lot area | 2 acres |
Minimum lot width | 200 feet |
Maximum lot coverage | 5% |
(E) Private recreation camp dimension and area regulations:
(1) Setback to a property line or a public street right-of-way not constructed as part of the development: 200 feet; and
(2) Minimum lot area: 40 acres.
(1) Purpose. Pursuant to the City Land Use Plan and the intent of the Conservation, Recreation and Camp District (CRC), every building and structure shall conform not only to the following regulations, but also to those of the Sand Dune Protection and Management Act, Public Act 222 of 1976, being M.C.L.A. §§ 324.63701 et seq., updated Part 353 of NREPA, Act 451 of 1994 as amended; and Part 323 of NREPA, Act 451 of 1994 (collectively, the "Act"), if the land in question is within a designated critical dune or high risk erosion area. Where a standard in the Act is more restrictive than this chapter, or vice versa, the more restrictive standard shall apply.
(2) Application. The restrictions of this division (F) shall apply to all lands in the Conservation, Recreation and Camp District (CRC).
(3) Restrictions and obligations.
(a) Foredune ridges and all crests shall not be disturbed. In no case shall the natural topography of the dune crest be altered.
(b) Roadways and pathways shall be located in troughs between dune crests and other natural gaps.
(c) Alternation of dune vegetation shall be minimal.
(d) No structure shall be placed within an area that will be affected by the shifting of a dune within 30 years unless the structure has a lesser life. Barring substantial evidence to the contrary, a rate of change of one foot per year shall be used.
(e) Areas with little vegetation may be required to use raised construction piers. Where sand is of indeterminate depth or solid ground is too deep for piling, spread footings shall be used.
(f) Roadways shall have beach grass planted on areas of open sand on the shoulders.
(g) Utilities shall be underground (except for private recreation camps).
(h) No construction shall be permitted lakeward of the foredune ridge.
(i) Raised boardwalks may be required for pedestrian access ways.
(j) Recreational use of all-terrain, off-road vehicles is prohibited.
(4) Setbacks from water bodies. Any structure or any part of the septic system shall not be located closer than 40 feet to a water body, or from the edge of perennial vegetation moving lakeward. VEGETATION shall mean any type of stabilizing ground cover from beach grass through successive stages of vegetation. Where two or more principal structures abutting each side of a proposed principal structure are closer to the water than permitted by these requirements, the new principal structure may be set back in line with the average setback of the existing structures.
(5) Restoration review. Where vegetation must be removed, the Planning Commission may require a plan indicating what is to be removed and the reasons why it is to be removed. The plan shall be presented for Commission approval. The Commission may require amendments or impose conditions. The Commission may also require that cleared areas be replanted in dune grass or other suitable natural materials. Restoration must take place within 60 days of the normal planting season after final building inspection.
(6) Private recreation camp development review for building restoration or replacement.
(a) The Zoning Administrator may authorize the restoration or replacement of an existing structure for the same use, subject to applicable local and state code requirements. The Zoning Administrator may also authorize an expansion that does not exceed 350 square feet for an individual building if the proposed change is for the express purpose of expanding or upgrading bathrooms or a shower area; complying with handicap access, or meeting Americans with Disabilities Act (ADA) requirements; and does not result in an increase in camp user capacity or intensity. Any such expansion greater than 350 square feet shall be subject to site plan review and special use approval, in accordance with the requirements of §§ 154.060 through 154.068 and §§ 154.080 through 154.092.
(b) The Zoning Administrator may authorize building renovations, expansions or replacements that result in an increase of no more than 50 square feet, or 5% of the area of the original structure, whichever is greater, or a change of not more than ten feet in building location, measured in any direction; based on a plan previously certified by the Planning Commission.
(c) An increase greater than 5% of the area of the original structure, but less than 250 square feet, or a change in location that is greater than ten feet, shall be subject to site plan review and approval by the Planning Commission in accordance with §§ 154.060 through 154.068 An expansion of 250 square feet or greater, or any change in use, traffic patterns, parking or similar elements, shall be subject to site plan review and special use approval in accordance with the requirements of §§ 154.060 through 154.068 and §§ 154.080 through 154.092.
(G) Park or preserve regulations.
(1) Structures shall not be constructed within 25 feet of any property line or right-of-way;
(2) Minimum lot area: 2 acres; and
(3) Structures shall receive site plan review by the Planning Commission prior to construction.
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 060710-1, passed 7-10-2006; Am. Ord. 100726-1, passed 7-26-2010; Am. Ord. 140714-1, passed 7-14-2014)
§ 154.028 SUMMER RESORT AND PARK ASSOCIATION DISTRICT (SRP).
(A) Generally.
(1) The Summer Resort and Park Association District is intended to provide for summer resort and park associations established under Michigan Act No. 230 of 1897 ("Act 230"), as amended, which existed prior to September 21, 1902. This district is designed to maximize preservation of the existing environment. It is a doubly restrictive zone in that these types of developments are not only regulated by this chapter but also by Act 230 and the particular summer resort and park association’s articles and by-laws.
(a) The district regulations are intended to permit further development only after an in-depth environmental review and site plan review and approval process.
(b) However, the intent is to allow for reasonable use, reconstruction, accessory structures and additions to existing uses and structures with minimal administrative review by the city.
(c) Because of the unique nature of this type of ownership, definitions specific only to this district (SRP) are found in division (G) below.
(2) As of the date that this district was initiated in 2006, the entire district is located within a designated critical dunes area as well as a high risk erosion area as defined and regulated by the state of Michigan, Department of Environmental Quality ("DEQ"), under Public Act 451 of 1994, as amended, Parts 323, Shorelands Protection and Management and 353, Sand Dune Protection and Management. Permits from the DEQ are likely required for any activity that might disturb the delicate dunes and shorelands environments.
(B) Permitted uses:
(1) Dwelling, single-family detached: existing, according to the city assessor's records, as of December 31, 2005, together with existing or new accessory buildings within the same share area, subject to § 154.027(A), (D), (E), (F) and (G) below; and
(2) Essential public services.
(1) Summer Resort and Park Associations, subject to § 154.092(I).
(a) New summer resort and park associations.
(b) Expansion of an existing summer resort and park association, established under Michigan Public Act 230 of 1897, or any of the related Michigan public acts.
(c) New dwelling, single-family detached: on a "share area" within an existing summer resort and park association, that was vacant, according to the city assessor's records, as of December 31, 2005.
(2) Conversion of an existing summer resort & park association to any other type of ownership, subject to either the platting or condominium requirements of this chapter, and/or the state’s Land Division Act.
(3) Religious facilities, including Sunday schools, subject to § 154.092(I).
(4) Swimming pools, tennis courts or other recreational facilities oriented to the membership of a summer resort and park association and subject to § 154.092(I).
(5) Rented accessory dwelling units in accordance with
§154.092(J).
(D) Dimension and area regulations. Recognizing that shareholders in a summer resort and park association do not own "lots" but rather "shares" of the association which correspond to the right to occupy a designated portion of the association's property, the following regulations shall apply:
(1) Street front setback, 25 feet (from the centerline of an existing road/street);
(2) Minimum distance between structures, ten feet;
(3) Water body setback, structures that exceed 676 square feet in area must be located landward of the 50-year high-risk erosion setback line. All other structures must be located at least 40 feet landward from the edge of perennial vegetation (as defined in the CRC district);
(4) Outer boundary setback: 25 feet from the outer boundary of the summer resort and park association boundary or any common area or dedicated park, beach or similar area within the summer resort and park association;
(5) Maximum building height, as required in § 154.022(D); and
(6) Maximum share area coverage*: 25% of the calculated share area, (see definitions: shares; share area coverage). * Maximum share area coverage in this district may be increased to a maximum of 35% for share areas with areas calculated to be below the average share area as platted, provided all other dimension and area regulations shall be met. The following formula shall be used in calculating the allowable share area coverage and shall be rounded to the nearest whole percentage: Average platted lot for all occupied share areas divided by the individual platted lot area multiplied by 25%.
(E) Special requirements. Any approved construction, uses and activities shall conform to the most restrictive requirements of:
(1) State environmental review. Pursuant to the city’s land use plan and the intent of the Peninsula Area Plan, all structures and additions shall conform not only to the regulations of this ordinance, but also to those of Public Act 451 of 1994, Parts 323 and 353 as amended;
(2) Fire safety review. Additions to existing structures shall provide for adequate fire and emergency access as determined by the city’s Fire Chief. A formal review and approval by the Fire Chief, in writing, is required for all additions or alterations within ten feet of any unit (platted lot) line or existing structure; and
(3) Design Review Committee. All building and/or zoning permits shall be reviewed and approved by the particular summer resort and park association’s design review committee (or its equivalent). The summer resort and park association shall be the applicant for all permits and all applications shall have the signatures of the design review committee of the summer resort and park association.
(F) Procedure. Because of the unusual statutory nature of a summer resort and park association, the fact that the association is the owner of record of all of the properties within such an association, and due to past practice, any proposal shall:
(1) Be submitted only by the association’s design review committee and be compared to this Zoning Ordinance;
(2) Be submitted to the DEQ. Once approvals have been obtained from the DEQ, the summer resort and park association involved (as the applicant) shall; and
(3) File all zoning and building permit applications with the City Zoning Administrator for final approval. If a site plan submitted to any of the reviewing bodies differs from that approved by another reviewing body, any permit issued in reliance on that submittal shall be null and void.
(G) SRP District definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SHARE(S) and SHARE AREA. A summer resort and park association member's (owner's) "share(s)" or "share area" shall be considered to be similar, for calculations of maximum building size, to a standard subdivision "lot". The recorded summer resort and park association plat shall be used to calculate the share area that corresponds to a member’s share(s) area. The share areas shall be the areas of the platted lots as shown on the recorded plat.
SHARE AREA COVERAGE. The area of a share, stated in terms of percentage, which is covered by all buildings and structures as defined in LOT COVERAGE (see also definitions for: PATIO, and DECK). For the purpose of using these two definitions together in this chapter, the word SHARE shall be equivalent to the word LOT.
(H) If the applicable regulations of act 230 are ever invalidated. Public Act 230 gives a properly-established summer resort and park association quasi-municipal powers, which are in addition to, but do not displace, the police powers and ordinance powers of the city. Should Michigan Public Act 230 of 1897, as amended, or should this chapter of this ordinance ever be declared to be unconstitutional or invalid by a court of competent jurisdiction or appellate court and the court decision is binding within Allegan County, then all of the restrictions and requirements of the Conservation, Recreation and Camp (CRC) zoning district pursuant to this Ordinance shall apply and any summer resort and park association in existence at that time shall for the purposes of this chapter be considered to be a planned unit development special use as regulated in § 154.174(G).
(Ord. 070108-1, passed 1-8-2007; Am. Ord. 100726-1, passed 7-26-2010; Am. Ord. 140714-1, passed 7-14-2014)
§ 154.029 CULTURAL/COMMUNITY DISTRICT.
(A) Generally.
(1) The purpose of this district is to provide for development of cultural and community facilities. The range of uses provided for by this district is intended to further enhance the social, cultural and economic synergy of the city’s downtown area.
(2) Any development in this district must include community center and cultural/performing arts components.
(B) Permitted uses:
(1) Essential public services.
(C) Special land uses:
(1) Planned unit development (PUD);
(2) Community center;
(3) Cultural/performing arts facility;
(4)
Business, professional offices;
(5) Conference meeting room;
(6) Food and beverage services;
(7) Off-street parking;
(8) Exhibition space; and
(9) Farm market.
(D) Dimension and area regulations:
Culver street setback | 25 feet |
Mason street setback | 0 |
East side setback | 10 feet |
West side setback | 0 |
Minimum lot area | 50,000 square feet |
Maximum lot coverage | 60% |
Minimum lot width | 198 feet |
(E) Special requirements.
(1) Ingress and egress. Provisions shall be made for safe and efficient ingress and egress to the public streets and highways serving the property without creating undue congestion or interference with normal traffic flow. Pursuant to the above requirement, the city may require an applicant to provide a traffic impact analysis demonstrating compliance with the above standard if the city determines that a proposed project has a reasonable potential of resulting in congestion and/or an unsafe traffic situation. The traffic impact analysis shall be performed by a qualified Traffic Engineer.
(2) Permanent seating allowed. The combined cultural/performing arts facility and the community center may have permanent seating for up to 550 persons. Occupancy limits: the total number of persons in attendance at any time shall be determined by the Michigan Building Code and the Saugatuck Township Fire District Chief - Fire Inspector.
(3) Food and beverage services. Food or beverages may only be offered for consumption or for sale on premises to the patrons in attendance at the event. The facility may contain a kitchen which is used by outside caterers to provide food for the events at the facility. Food and beverages shall not be offered for sale outside of the facility.
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 070312-1, passed 3-12-2007; Am. Ord. 111212-1, passed 12-12-2011; Am. Ord. 130408-1, passed 4-8-2013; Am. Ord. 140714-1, passed 7-14-2014)
§ 154.030 R-2 LAKE STREET DISTRICT (LS).
(A) Generally. This district shall be primarily a residential district. The objective of the district is to enhance low density single-family land use and promote visual access to the Kalamazoo River.
(B) Permitted uses:
(1) Dwelling, single-family detached;
(2) Essential public services;
(3) Home occupations; and
(4) Short-term rental unit.
(1) Bed and breakfasts;
(2) Home businesses;
(3) Rented accessory dwelling units in accordance with § 154.092(J); and
(4) Motor courts.
(D) Dimension and area regulations:
Front yard setback | 10 feet |
Side yard setback | 10 feet |
Rear yard setback | 25 feet |
Minimum lot width | 66 feet |
Minimum lot area | 8,712 square feet |
Maximum lot coverage | 25% |
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 100726-1, passed 7-26-2010; Am. Ord. 140714-1, passed 7-14-2014; Am. Ord. 170911-1, passed 9-11-2017; Am. Ord. 180813-1, passed 8-13-2018)
§ 154.031 R-1 MAPLE STREET DISTRICT (MS).
(A) Generally.
(1) This district will provide for a larger lot single-family residential development and land use. The purpose of the district is to promote single-family residential land use in a low density setting.
(2) The district promotes preservation of the rural character of the district and its natural resources. Development of this district will promote single-family residential development to the exclusion of all other uses.
(3) The extension of city infrastructure will be concentrated in this district to ensure planned and controlled development.
(B) Permitted uses:
(1) Dwelling, single-family detached, with a floor area ratio that does not exceed 0.3:1;
(2) Dwelling, two-family;
(3) Essential public services;
(4) Home occupations; and
(5) Short-term rental unit.
(1) Home businesses;
(2) Religious facilities;
(3) Rented accessory dwelling units in accordance with § 154.092(J); and
(4) Dwelling, single-family detached, with a floor area ratio that exceeds 0.3:1.
(D) Dimension and area regulations:
Front setback | 50 feet |
Side setback | 10 feet |
Rear setback | 19 feet |
Minimum lot area | 15,000 square feet |
Minimum lot width | 80 feet |
Maximum lot coverage | 25% |
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 100726-1, passed 7-26-2010; Am. Ord. 140714-1, passed 7-14-2014; Am. Ord. 170911-1, passed 9-11-2017)
§ 154.032 NEIGHBORHOOD MARINE DISTRICT (NHM).
(A) Generally.
(1) The purpose of this district is to promote utilization of the waterfront property with mixed land uses.
(2) The goal of the district is to encourage larger lot development in order to preserve and protect visual access to the waterfront.
(3) Land uses in the district that emphasize water access and usage are desired after appropriate review.
(B) Permitted uses:
(1) Dwelling, single-family detached, with a floor area ratio that does not exceed 0.3:1;
(2) Essential public services;
(3) Bed and breakfasts;
(4) Home occupations; and
(5) Short-term rental units.
(1) Restaurants;
(2) Marinas/commercial boats;
(3) Home businesses;
(4) Rented accessory dwelling units in accordance with § 154.092(J);
(5) Dwelling, single-family detached, with a floor area ratio that exceeds 0.3:1; and
(6) Floating homes moored in a full service marina.
(D) Dimension and area regulations:
Front setback | 25 feet |
Side setback | 10 feet |
Rear setback | 15 feet |
Minimum lot area | 17,424 square feet |
Minimum lot width | 132 feet |
Maximum lot coverage | 35% |
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 100726-1, passed 7-26-2010; Am. Ord. 140714-1, passed 7-14-2014; Am. Ord. 170911-1, passed 9-11-2017; Am. Ord. 210726-A, passed 7-26-2021)
§ 154.033 R-1 PENINSULA NORTH (DUNESIDE) DISTRICT (PN-A).
(A) Generally. The purpose of this District is to preserve and protect residential water front land uses along Kalamazoo Lake and River. The intent of the District shall be to retain the river front residential character of the area and protect the area's natural resources. Small lot development is permitted in coordination with water oriented residential uses. The Duneside portion of this District (southern end or south of and including parcel number 0357-009-036-00) is a unique area within the city with unique topographic constraints. These regulations are intended to allow accessory structures between the street and the river while retaining the view of the river for all property owners within the District.
(B) Permitted uses.
(1) Dwelling, single-family detached, with a floor area ratio that does not exceed 0.3:1.
(2) Essential public services.
(3) Home occupations; and
(4) Short-term rental unit.
(1) Home businesses;
(2) Rented accessory dwelling units in accordance with § 154.092(J); and
(3) Dwelling, single-family detached, with a floor area ratio that exceeds 0.3:1.
(D) Dimension and area regulations. In the event that any lawful nonconforming structure shall be damaged by fire, wind accident, act of God, or other such means or matter, reconstruction or restoration shall be permitted by right under the following conditions: Reconstruction is permitted within the original dimensions at every structural level and/or within the original gross finished floor area, including decks and patios, with the exception that no portion of the structure shall be reconstructed within, or so as to encroach on a public right-of-way or public easement, and all reconstruction or restoration of structures within a flood hazard area shall conform to the State Construction Code. Any expansion shall be in full conformance with the requirements of the zoning district.
Front setbacks | |
Road front setback | 29 feet from centerline on the west (dune) side of Park Street, and 12 feet from centerline on the east (river) side of Park Street |
Water front setback | 2 feet from the flood hazard elevation line |
Side setback | 10 feet* |
For lots less than 66 feet wide the side setbacks on each side shall be 10% of the lot width | |
Rear setback | 10 feet* |
Minimum lot area | 8,712 square feet |
Minimum lot width | 66 feet |
Maximum lot coverage | 25% |
Maximum building height | 28 feet on the west side (dune) of Park Street, and 15 feet on the east side (river) of Park Street |
* Except waterfront yards – see “water front setback” above | |
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 080414-1, passed 4-14-2008; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 100726-1, passed 7-26-2010; Am. Ord. 170911-1, passed 9-11-2017)
§ 154.034 R-1 PENINSULA NORTH (RIVERSIDE) DISTRICT (PN-B).
(A) Generally. The purpose of this District is to preserve and protect residential water front land uses along Kalamazoo Lake and River. The intent of the District shall be to retain the river front residential character of the area and protect the area's natural resources. Small lot development is permitted in coordination with water oriented residential uses. The riverside portion of this District (northern end or north of and including parcel number 0357-009-035-00) is a unique area within the city with unique topographic constraints. These regulations are intended to allow principal structures between the street and the river while allowing for accessory structures only on the dune side.
(B) Permitted uses.
(1) Dwelling, single-family detached, with a floor area ratio that does not exceed 0.3:1.
(2) Essential public services.
(3) Home occupations; and
(4) Short-term rental unit.
(1) Home businesses;
(2) Rented accessory dwelling units in accordance with § 154.092(J); and
(3) Dwelling, single-family detached, with a floor area ratio that exceeds 0.3:1.
(D) Dimension and area regulations. In the event that any lawful nonconforming structure shall be damaged by fire, wind accident, act of God, or other such means or matter, reconstruction or restoration shall be permitted by right under the following conditions: Reconstruction is permitted within the original dimensions at every structural level and/or within the original gross finished floor area, including decks and patios, with the exception that no portion of the structure shall be reconstructed within, or so as to encroach on a public right-of-way or public easement, and all reconstruction or restoration of structures within a flood hazard area shall conform to the State Construction Code. Any expansion shall be in full conformance with the requirements of the Zoning District.
Front setbacks | |
Road front | Where the street easement is less than 30' wide: 14 feet from centerline on the west side of Park Street and 12 feet from center line on the river side of Park Street |
Where the street easement is 30' wide or greater: 33 feet from centerline on the river side and 33 feet from centerline on the west side of Park Street. | |
Water front setback | The water-front setback shall be the average setback for any existing subject structure and all similar structures within 300 feet on either side of the subject property side lot line. The maximum setback shall not exceed 25 feet. No structure shall be constructed within the flood hazard area. |
“Similar structure” shall mean that only principal structures shall be compared to each other, while all accessory structures shall be compared whether garage, gazebo or deck over 24 inches in height. | |
Side setback | 10 feet* |
For lots less than 66 feet wide, the side setbacks shall be 10% of the lot width on each side. Structures less than 3 feet from the lot line are subject to higher construction restrictions of the State Building Code. | |
Rear setback | 10 feet* |
Minimum lot area | 8,712 square feet |
Minimum lot width | 66 feet |
Maximum lot coverage | 25% |
* Except waterfront yards – see “water front setback” above | |
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 080414-1, passed 4-14-2008; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 100726-1, passed 7-26-2010; Am. Ord. 140714-1, passed 7-14-2014; Am. Ord. 170911-1, passed 9-11-2017)
§ 154.035 R-1 PENINSULA SOUTH DISTRICT (PS).
(A) Generally. The Peninsula South District is intended to recognize the character of plats that were created prior to 1968 and, as far as possible, allow for reasonable development. The district is also intended to promote waterfront residential land uses and enhance and protect the existing character of the district. The district objective is to promote visual access to Kalamazoo Lake and River and preserve the environmental characteristics of the zone. This district is designed to be more restrictive than other residential zones because of its proximity to water and the undeveloped portions of the city.
(B) Permitted uses:
(1) Dwelling, single-family detached, with a floor area ratio that does not exceed 0.3:1;
(2) Essential public services;
(3) Home occupations; and
(4) Short-term rental units.
(1) Home businesses;
(2) Rented accessory dwelling units in accordance with § 154.092(J); and
(3) Dwelling, single-family detached, with a floor area ratio that exceeds 0.3:1.
(D) Dimension and area regulations:
Front setback | 25 feet from right-of-way for lots fronting on Park and Perryman Streets, or 15 feet from all other platted streets and alleys |
Side setback | 10 feet* |
Rear setback | 10 feet* |
Minimum lot width | 66 feet |
Maximum lot coverage | 25% |
Minimum lot area | 8,712 square feet |
* Except waterfront yards – see § 154.022(F)(4) waterfront lots | |
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 080414-1, passed 4-14-2008; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 100726-1, passed 7-26-2010; Am. Ord. 111212-1, passed 12-12-2011; Am. Ord. 140714-1, passed 7-14-2014; Am. Ord. 170911-1, passed 9-11-2017; Am. Ord. 201109-A, passed 11-9-2020)
§ 154.036 R-1 PENINSULA WEST DISTRICT (PW).
(A) Generally. The purpose of this District is to promote and protect the natural environmental features of the area such as dunes and open spaces. Residential development on larger lots is encouraged in this District. Density in this District is intended to be less dense than other residential districts in the city to preserve the stability of the District.
(B) Permitted uses.
(1) Dwelling, single-family detached, with a floor area ratio that does not exceed 0.3:1;
(2) Essential public services;
(3) Home occupations; and
(4) Short-term rental unit.
(1) Religious facilities;
(2) Home businesses;
(3) Rented accessory dwelling units in accordance with § 154.092(J); and
(4) Dwelling, single-family detached, with a floor area ratio that exceeds 0.3:1.
(D) Dimension and area regulations:
Front setback | 25 feet |
Side setback | 10 feet |
Rear setback | 25 feet |
Minimum lot area | 21,780 square feet |
Minimum lot width | 100 feet |
Maximum lot coverage | 25% |
(Ord. passed 6-24-1996; Am. Ord. passed 9-22-1997; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 080414-1, passed 4-14-2008; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 100726-1, passed 7-26-2010; Am. Ord. 111212-1, passed 12-12-2011; Am. Ord. 140714-1, passed 7-14-2014; Am. Ord. 170911-1, passed 9-11-2017)
§ 154.037 C-4 RESORT DISTRICT.
(A) Generally.
(1) The purpose of this district is to provide compatible zoning for existing and future hotels, motels, and bed and breakfasts.
(2) The zone is intended to eliminate a number of nonconforming uses and preserve the historic character of the structures in the district.
(3) It is designed to compliment the waterfront property and permit lodging facilities that are associated and coordinate with the waterfront.
(4) Land use in this district is intensive but limited to provide a specific zone for the use.
(B) Permitted uses:
(1) Essential public services; and
(2) Short-term rental unit.
(1) Marinas/commercial boats;
(2) Parking facilities;
(3)
Restaurant, where such facilities are designed, constructed and managed as an integral part of an overall motel or hotel operation;
(4) Planned unit developments;
(5) Hotels/inns;
(6) Motels/motor courts;
(7) Swimming pools, tennis courts or other recreational facilities oriented to the clientele of the motel or hotel;
(8) Other uses deemed by the Planning Commission to be accessory to a motel or hotel use;
(9) Dwellings, single-family, regardless of the floor area ratio;
(10) Rented accessory dwelling units in accordance with § 154.092(J); and
(11) Bed and breakfasts.
(D) Dimension and area regulations:
(1) All uses except single-family dwellings:
Front setback | 15 feet |
Side setback | 10 feet |
Rear setback | 10 feet |
Minimum lot area | 15,000 square feet |
Minimum lot width | 66 feet |
Maximum lot coverage | 50% |
Maximum number of stories | 2.5 |
Maximum building width | 60% of lot width |
(2) Single-family dwellings:
Front setback | 15 feet |
Side setback | 7 feet* For lots less than 66-feet wide, the side setbacks on each side shall be 10% of the lot width |
Rear setback | 10 feet* |
Minimum lot area | 8,712 square feet |
Minimum lot width | 66 feet |
Maximum lot coverage | 25% |
*Except waterfront yards - see 154.022(F)(4) waterfront lots | |
(3) On sites of five acres or more, where the developer uses the required yard setback area for parking, there shall be minimum building setback from the right-of-way to each street on which the property abuts of at least 35 feet, the front 25 feet of which shall be bermed and landscaped. Where the required yard setback is not used for parking, there shall be minimum building setback from the right-of-way to all streets on which the property abuts of 40 feet, the total of which shall be landscaped. There shall be a minimum building setback from all property lines of 25 feet, and a minimum building setback from all other adjacent use districts of 35 feet. On sites smaller than the five acres, lesser setbacks shall apply as determined by the Planning Commission; and
(4) A minimum-ten-foot-wide landscaped berm or green belt shall separate all non-residential parking areas from residential uses on adjacent properties.
(E) Surfacing of parking lots and pedestrian walks. All areas provided for use by commercial or industrial vehicles and all pedestrian walks shall be surfaced with bituminous asphalt, concrete or similar materials as approved by the city and properly drained. See § 154.130.
(F) Refuse containers. Refuse containers shall be screened. Screening shall consist of vegetation or solid fencing. Containers (including the container site and container lids) shall be properly secured and maintained to prevent unauthorized use, to avoid odors, and to prevent infestation by rodents and vermin. Refuse container screening shall be designed and constructed consistent with the character of surrounding development. See § 154.142 and Chapter 152.
(G) Ingress and egress. In all districts, provisions shall be made for safe and efficient ingress and egress to the public streets and highways serving the property without creating undue congestion or interference with normal traffic flow. Pursuant to the above requirement, the city may require an applicant to provide a traffic impact analysis demonstrating compliance with the above standard if the city determines that a proposed project has a reasonable potential of resulting in congestion and/or an unsafe traffic situation. The traffic impact analysis shall be performed by a qualified Traffic Engineer.
(Ord. 02-02, passed 2-11-2002; Am. Ord. 090427-2, passed 4-27-2009; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 091109-1, passed 11-9-2009; Am. Ord. 100726-1, passed 7-26-2010; Am. Ord. 111212-1, passed 12-12-2011; Am. Ord. 140714-1, passed 7-14-2014; Am. Ord. 170911-1, passed 9-11-2017; Am. Ord. 240122-B, passed 1-22-2024)
§ 154.038 C-2 DOWNTOWN WATERFRONT PRESERVATION DISTRICT (DWP).
(A) Generally. This district will provide an area for commercial businesses, offices, accommodations, hospitality, recreational, residential uses, and mixed-use projects. However, the Downtown Waterfront Preservation District is intended to manage and regulate development and redevelopment projects to ensure views of the Kalamazoo River and to encourage and incentivize access to its shoreline. Development and redevelopment projects that complement and enhance the waterfront are envisioned for this area. The objectives of this district are to:
(1) Connect the downtown area and surrounding neighborhoods to the waterfront area;
(2) Provide opportunities for public access and recreation along the waterfront, creating spaces for community enjoyment, leisure, and cultural activities;
(3) Preserve and protect the character of the waterfront area, ensuring that its architectural, cultural, and historical significance is maintained for future generations;
(4) Promote economic revitalization by encouraging the adaptive reuse of historic structures, redevelopment, and the development of compatible businesses and land uses that enhance the vibrancy and attractiveness of the waterfront and downtown area;
(5) Establish requirements to ensure design excellence, visual harmony, and a sense of place, contributing to a unique and visually appealing waterfront district; and
(6) Ensure a balance between new residential development, job creation, and public benefits.
(B) Permitted uses.
(1) Short-term rental of allowable apartments;
(2) Home occupations;
(3) Essential public services; and
(4) A change from an existing use to any of the following uses that does not involve a significant exterior change, as determined by the Zoning Administrator. For the purposes of this section, a SIGNIFICANT EXTERIOR CHANGE shall include but not necessarily be limited to construction of a new structure, expansion of an existing structure, or new or expanded exterior site development (such as parking, grading, outdoor storage, etc.):
(a) Art galleries;
(b) Business, professional offices;
(c) Upper-floor apartments;
(d) Personal service establishments; and
(e) Retail stores.
(1) Bed and breakfasts;
(2) Charter fishing tours;
(3) Community centers, clubs, and fraternal organizations;
(4) Hotels/inns;
(5) Marinas, commercial/private;
(6) Parks;
(7) Recreational transportation rental facilities;
(8) Restaurants; and
(9) The establishment or a change from an existing use to any of the following uses if it involves a significant exterior change, as determined by the Zoning Administrator:
(a) Art galleries;
(b) Business, professional offices;
(c) Upper-floor apartments;
(d) Personal service establishments; and
(e) Retail stores.
(D) Dimension and area regulations north of Francis Street.
Front setback | 5 feet |
Maximum front setback | 20 feet |
Side setback | 20 feet minimum between both side setbacks |
Rear setback | 15 feet |
Waterfront setback | 25 feet, see § 154.021(F)(4) |
Minimum lot area | 4,560 square feet for all uses except for hotels/inns, which require 8,712 square feet |
Minimum lot width | 100 feet of street frontage |
Maximum lot coverage | No requirement |
Maximum number of stories | 2.5 |
Minimum parking lot setback | 20 feet |
(E) Dimension and area regulations south of Francis Street.
Front setback | 20 feet |
Maximum front setback | 40 feet |
Side setback | 40 feet minimum between both side setbacks |
Rear setback | 15 feet |
Waterfront setback | 25 feet, see § 154.021(F)(4) |
Minimum lot area | 6,600 square feet for all uses except for hotels/inns, which require 13,200 square feet |
Minimum lot width | 100 feet of street frontage for all uses except for hotels/inns which require 132 feet of street frontage |
Maximum lot coverage | 50% |
Maximum number of stories | 2.5 |
Minimum parking lot setback | 40 feet |
(F) Other requirements.
Garage doors intended for vehicles, loading docks, and overhead doors for loading purposes | Shall not face the public right-of-way |
Parking lot location | Side or rear yard only |
Usable and accessible open area | An open area equal to at least 10% of the total buildable area shall be preserved on every lot subject to the following: No more than one-third of the required open area may be satisfied through balconies of individual units. At least two-thirds of the open area shall comprise no more than two separate areas at grade, such as a patio, deck, walkway, or boardwalk, or above the first floor, such as a terrace walkout level or rooftop patio. |
(Ord. 240122-B, passed 1-22-2024; Am. Ord. 241223-A, passed 12-23-2024)
§ 154.039 C-2 WATER STREET EAST DISTRICT (WSE).
(A) Generally. The Water Street East District is designed to preserve the residential flavor of the area while promoting commercial land use and development. The district is designed for an intermediate intensity and density of structures and land use. Commercial development is desired in this district. The district will also promote visual access to the Kalamazoo River and Lake.
(B) Permitted uses.
(1) Essential public services;
(2) Retail stores;
(3) Domestic business repairs;
(4) Personal service establishment;
(5) Art gallery;
(6) Dwelling, single-family detached;
(7) First-floor and upper-floor apartments, except that first-floor apartments shall not front public streets. First-floor apartments may front public or private alleys, private streets, private driveways, side yards, and rear yards;
(8) Short-term rental of allowable dwelling units or apartments; and
(9) Home occupations.
(1) Hotel/inn;
(2) Motel/motor court;
(3) Motion picture facilities;
(4) Amusement and recreation services;
(5) Recreational transportation rental facilities;
(6) Parking facilities;
(7) Restaurant;
(8) Domestic business repairs;
(9) Business, professional offices; and
(10) Bed and breakfast establishment.
(D) Dimension and area regulations:
(1) Permitted uses (except as noted) and special uses: 4. Amusement and recreation services and 5. Recreational transportation rental facilities.
Front setback | 0 feet |
Side setbacks | 10 feet |
Rear setback | 10 feet |
Minimum lot area | 4,356 square feet |
Maximum lot coverage | 65% |
(2) Special uses: 1. Hotel/inn, 2. Motel/motor court, 3. Theater, and 8. Dwelling unit, single-family detached.
Front setback | 0 feet |
Side setbacks | 10 feet |
Rear setback | 10 feet |
Minimum lot area | 8,712 square feet |
Minimum lot width | 66 feet |
Maximum lot coverage | 65% |
*Front setback shall be 10 feet for single- family dwellings. | |
(Ord. 050711, passed - -; Am. Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 101122-1, passed 11-22-2010; Am. Ord. 111212-1, passed 12-12-2011; Am. Ord. 140714-1, passed 7-14-2014; Am. Ord. 150427-1, passed 4-27-2015; Am. Ord. 200622-1; 6-22-2020; Am. Ord. 201109-D, passed 11-9-2020; Am. Ord. 240229-A, passed 2-29-2024)
§ 154.040 C-1 WATER STREET NORTH DISTRICT (WSN).
(A) Generally. Water Street North District is designed to promote high intensity commercial uses that complement its waterfront setting. This district will promote visual access to the Kalamazoo River and Lake to coordinate with the commercial uses of the district. The purpose of the district is to promote a more intense commercial use and encourage development of similar businesses and land uses in the district.
(B) Permitted uses.
(1) Dwelling, single-family detached;
(2) Dwelling unit, two-family;
(3) Essential public services;
(4) Retail stores;
(5) Personal service establishments;
(6) Art gallery;
(7) Marinas/commercial boats;
(8) First-floor and upper-floor apartments, except that first-floor apartments shall not front public streets. First-floor apartments may front public or private alleys, private streets, private driveways, side yards, and rear yards;
(9) Charter fishing/tours;
(10) Home occupations; and
(11) Short-term rental of allowable dwelling units or apartments.
(1) Bed and breakfasts;
(2) Hotel/inn;
(3) Motel/motor court;
(4) Restaurants;
(5) Home businesses;
(6) Domestic business repairs;
(7) Recreational transportation rental facilities; and
(8) Parking facilities.
(D) Dimension and area regulations:
(1) Permitted non-residential uses and special uses: 4. Restaurants and 6. Recreational transportation rental facilities.
Front setback | 0 feet |
Side setbacks | 0 feet* |
Rear setback | 0 feet* |
Minimum lot | 4,560 square feet |
Minimum lot width | 66 feet |
Maximum lot coverage | 100%* |
* Subject to Fire Code Regulations | |
(2) Single-family dwellings, two-family dwellings, and special use: 5. Home businesses.
Front setback | 15 feet |
Side setbacks | 5 feet |
Rear setback | 10 feet |
Minimum lot area | 6,600 square feet |
Minimum lot width | 66 feet |
Maximum lot coverage | 50% |
(3) Special uses: 1. Bed and breakfast, 2. Hotel/inn, and 3. Motel/motor court.
Front setback | 0 feet |
Side setback | 0 feet* |
Rear setback | 0 feet* |
Minimum lot area | 8,712 square feet |
Minimum lot width | 66 feet |
Maximum lot coverage | 50% |
* Subject to Fire Code Regulations | |
(Ord. 050711, passed - -; Am. Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 101122-1, passed 11-22-2010; Am. Ord. 111212-1, passed 12-12-2011; Am. Ord. 140714-1, passed 7-14-2014; Am. Ord. 150427-1, passed 4-27-2015; Am. Ord. 201109-D, passed 11-9-2020; Am. Ord. 240229-A, passed 2-29-2024)
§ 154.041 C-2 WATER STREET SOUTH DISTRICT (WSS).
(A) Generally. This district will provide an area for waterfront retail and commercial land use. The Water Street South District will provide for a less intense commercial use than the City Center District and promote visual access to the Kalamazoo River. The intent of the district is to coordinate the aspects of a Central Business District with that of waterfront property and blend commercial uses that complement and enhance the waterfront.
(B) Permitted uses.
(1) Essential public services;
(2) Retail stores;
(3) Bed and breakfasts;
(4) Personal service establishments;
(5) Art gallery;
(6) Parks;
(7) Dwelling, single-family detached;
(8) First-floor and upper-floor apartments, except that first-floor apartments shall not front public streets. First-floor apartments may front public or private alleys, private streets, private driveways, side yards, and rear yards;
(9) Home occupations; and
(10) Short-term rental of allowable dwelling units or apartments.
(1) Hotel/inn;
(2) Motel/motor court;
(3) Motion picture facilities;
(4) Marina commercial/private;
(5) Community center;
(6) Club and fraternal organization;
(7) Amusement and recreational services;
(8) Recreational transportation rental facilities;
(9) Amusement arcades;
(10) Parking facilities; and
(11) Restaurants.
(D) Dimension and area regulations:
(1) Permitted uses and special uses: 5. Community center, 6. Club and fraternal organization, 7. Amusement and recreational services, and 8. Recreational transportation rental facilities.
Front setback | 0 feet |
Side setback | 10 feet |
Rear setback | 15 feet |
Minimum lot area | 6,600 square feet |
Minimum lot width | 66 feet of street frontage |
Maximum lot depth | 100 feet |
Maximum lot coverage | 45% |
(2) Special uses: 1. Hotel/inn, 2. Motel/motor court, 3. Motion picture facility, and 4. Marina commercial/private:
Front setback | 0 feet |
Side setback | 10 feet |
Rear setback | 15 feet |
Minimum lot area | 13,200 square feet |
Minimum lot width | 132 feet |
Minimum lot depth | 100 feet |
Maximum lot coverage | 45% |
(Ord. 050711, passed - Am. -; Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 100510-1, passed 5-10-2010; Am. Ord. 101122-1, passed 11-22-2010; Am. Ord. 111212-1, passed 12-12-2011; Am. Ord. 140714-1, passed 7-14-2014; Am. Ord. 150427-1, passed 4-27-2015; Am. Ord. 200622-1; 6-22-2020; Am. Ord. 201109-D, passed 11-9-2020; Am. Ord. 240229-A, passed 2-29-2024)
§ 154.042 R-3 MULTI-FAMILY RESIDENTIAL DISTRICT (MR).
(A) Generally.
(1) This district will provide an area for multi-family residential structures. All parcels in this district will have direct access to either Blue Star Highway or the northern 2,000 feet of Maple Street or the section of North Street between Maple and Blue Star.
(2) The intent is to recognize the legitimate existence of (and need for) apartment buildings and duplex developments, but, to limit the uses to a portion of the city where adequate highway access, fire protection and public utilities are readily available and to prevent the creation of land use conflicts and nuisances in existing single-family districts.
(B) Permitted uses:
(1) Dwelling, single-family detached;
(2)
Dwelling, two-family;
(3) Essential public services;
(4) Home occupations; and
(5) Short-term rental unit.
(1) Dwelling, Multiple Family (more than two attached) including multiple principal structures as an exception to § 154.022(C)(5);
(2) Bed and breakfasts (in detached single-family dwellings only);
(3) Home businesses (in detached single-family and two-family dwellings only); and
(4) Rented accessory dwelling units in accordance with
§154.092(J).
(D) Dimension and area regulations for permitted uses:
Front setback | 50 feet |
Side setback | 10 feet |
Rear setback | 10 feet |
Minimum lot width | 80 feet |
Minimum lot area | 15,000 square feet |
Maximum lot coverage | 25% |
(Ord. 040726, passed - - ; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 100726-1, passed 7-26-2010; Am. Ord. 140714-1, passed 7-14-2014)
§ 154.043 ZONING MAP.
(A) The areas and boundaries of such districts noted in this subchapter are hereby established to scale as shown on a map entitled zoning map of the city, and referred to herein as the
ZONING MAP
. The zoning map, together with everything shown thereon, is hereby adopted by reference and declared to be a part of this chapter.
(B) Regardless of the existence of copies of the zoning map which may be made or published, the official zoning map shall be located at the City Hall and shall be the final authority as to the current zoning status in the city. No amendment to this chapter which involves a change of a mapped zoning district, shall become effective until such change and entry has been made on the official zoning map. The official zoning map shall be identified by the signature of the Mayor, and attested to by the City Clerk.
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 140714-1, passed 7-14-2014)
§ 154.044 INTERPRETATION OF DISTRICT BOUNDARIES.
When uncertainty exists as to the boundaries of districts as shown on the zoning map, the following rules shall apply:
(A) Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines;
(B) Boundaries indicated as approximately following platted lot lines shall be construed to follow the lot lines;
(C) Boundaries indicated as approximately following city boundaries shall be construed to follow city boundaries;
(D) Boundaries indicated as watercourses shall be construed to follow the centerline of the watercourses and in the event of changing watercourses shall be construed as following the changing watercourses;
(E) Boundaries indicated as approximately following property lines or section lines or other lines of a survey shall be construed to follow the property lines as of the effective date of Ord. 80-133;
(F) Boundaries indicated as parallel to or extensions of features indicated in divisions (A) through (E) of this section shall be so construed. Distances not specifically indicated on the zoning map shall be determined by the scale of the map; and
(G) Where physical or cultural features existing on the ground are at variance with those shown in the zoning map, or in other circumstances not covered by divisions (A) through (F) of this section, the Zoning Administrator shall interpret the district boundaries. Upon appeal, the Zoning Board of Appeals reserves the right to amend the interpretation of the Zoning Administrator.
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002)
§ 154.045 AREA NOT INCLUDED WITHIN A CITY DISTRICT.
(A) In every case where property has not been specifically included within a district, including all cases in which property becomes a part of the city subsequent to the effective date of this chapter, the property shall be included within a zone district within one year from the official date of discovery that it was not so included or from the date of annexation.
(B) In the interim, the land shall be treated as land zoned Conservation and Recreation District.
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002)
§ 154.046 PERMITTED ACCESSORY STRUCTURES AND USES IN ALL RESIDENTIAL DISTRICTS.
(A) Carports, garages or other buildings not used as a dwelling and customarily incidental to the principal use of the premises.
(B) Accessory uses customarily incidental to the principal use of the premises.
(C) State licensed residential facilities, pursuant to M.C.L.A. § 125.3206.
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002)
§ 154.047 CONDOMINIUM SUBDIVISIONS.
(A) All condominium units, including single-family detached units, shall comply with the applicable site development standards contained in the dimension and area regulations for each district.
(B) The condominium subdivision shall comply with the provisions in division (C) of this section pertaining to potable water supply and waste disposal facilities and to the provisions of § 154.130.
(C) The condominium subdivision shall provide for dedication of easements to the appropriate public agencies for the purposes of construction, operation, maintenance, inspection, repair, alteration, replacement and/or removal of pipelines, conduits, mains and other installations of a similar character for the purpose of providing public utility services, including conveyance of sewage, potable water and storm water runoff across, through and under the property subject to the easement, and excavation and refilling of ditches and trenches necessary for the location of the installations.
(1) A project description which describes the nature and intent of the proposed subdivision;
(2) A survey plan of the condominium subdivision;
(3) A site plan showing the location, size, shape, area and width of all condominium units;
(4) If applicable, a utility plan showing all sanitary sewer and water lines and easements granted to the city for installation, repair and maintenance of all utilities;
(5) Identification of any portions of the condominium subdivision within or abutting a floodplain;
(6) A street construction, paving and maintenance plan for all private streets within the proposed condominium subdivision;
(7) A storm drainage and stormwater management plan, including all conduits, swales, drains, detention basins, and other facilities;
(8) A description of the common elements of the condominium subdivision as will be contained in the master deed; and
(9) Proposed use and occupancy restrictions as will be contained in the master deed.
(E) All provisions of the condominium subdivision plan which are approved by the Planning Commission shall be incorporated, as approved, in the master deed for the condominium subdivision. Any proposed changes to the approved condominium subdivision plan shall be subject to review and approval by the Planning Commission as a major amendment to a special land use permit, subject to the procedures of §§ 154.080 through 154.092.
(F) All condominium projects which consist in whole or in part of condominium units which are building sites shall be marked with monuments or property irons as provided below.
(1) Monuments shall be located in the ground and made according to division (F)(2) below, but it is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the subdivision if the angle points can be readily reestablished by reference to monuments along the sidelines of the streets.
(2) All property irons shall be made of solid iron or steel bars at least 36 inches long and 1/2-inch in diameter. A monument is a property iron completely encased in concrete four inches in diameter.
(3) Monuments shall be located in the ground at all angles in the boundaries of the subdivision; at the intersection lines of streets with the boundaries of the subdivision and at the intersection of alleys with the boundaries of the subdivision; at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in the side lines of streets and alleys; and at all angles of an intermediate traverse line.
(4) If the required location of a monument is in an inaccessible place, or where the locating of a monument would be clearly impractical, it is sufficient to place a reference monument nearby and the precise location thereof be clearly indicated on the subdivision and referenced to the true point.
(5) If a point required to be monumented is on a bedrock outcropping, a steel rod, at least 1/2-inch in diameter shall be drilled and grouted into solid rock to a depth of at least eight inches.
(6) All required monuments shall be placed flush with the finished grade where practical.
(7) All lot corners shall be identified or staked in the field by iron or steel bars or iron pipes at least 18 inches long and 1/2-inch in diameter or other approved markers.
(8) The City Council may waive the placing of any of the required monuments and markers for a reasonable time, not to exceed one year, on the condition that the proprietor deposits with the City Clerk cash or a certified check, or irrevocable bank letter of credit running to the municipality, whichever the proprietor selects, in an amount determined by the City Council. The cash, certified check or irrevocable bank letter of credit shall be refunded to the proprietor upon receipt of a certificate by a surveyor that the monuments and markers have been placed as required within the time specified.
(G) The design and construction of all streets, sidewalks, water systems, sanitary systems, storm sewer systems, surface water retention and detention systems, fire protection/suppression systems, and other such infrastructure shall meet or exceed city standards.
(H) The City Council requires a copy of the maintenance agreement for common lands or common open space.
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002)
Statutory reference:
Condominium Act, see M.C.L.A. §§ 559.101 et seq.
§ 154.048 HISTORIC DISTRICT OVERLAY ZONE.
(A) Generally. The Historic District Overlay Zone (HDOZ) is designed to recognize the city’s officially designated historic areas. The HDOZ represents a supplementary series of developmental requirements which are in addition to the regulations of the zone district(s) underlying the HDOZ.
(B) Permitted uses. Uses classified as such by the underlying zone district.
(C) Special land use. Uses classified as such by the underlying zone district.
(D) Dimension and area regulations. Except as noted under division (E) below, dimension and area regulations shall be as required by the underlying zone district.
(E) Special provisions. The requirements of Chapter 152, of the city code of ordinances, shall apply to all lands, buildings and structures within the HDOZ. In the event of conflict between the regulations of the Zoning Code and Chapter 152, the more stringent requirements shall apply unless there is historic precedent regarding the location of a structure, in which case the Historic District Commission may permit the reconstruction of a structure within a required setback if other zoning regulations can still be met.
(Ord. 02-02, passed 2-11-2002; Am. Ord. 140714-1, passed 7-14-2014)
§ 154.049 SERVICE OF ALCOHOLIC BEVERAGES.
The Planning Commission shall conduct a Special Land Use and Site Plan Review public hearing for any establishment seeking a license for the sale or consumption of beer, wine, or alcoholic beverages on-premises that is not located in the C-1 City Center Commercial District (CC), the C-4 Resort District, the C-2 Water Street East District (WSE), the C-1 Water Street North District (WSN), or the C-2 Water Street South District (WSS). Notice of the public hearing shall be served in the manner required by the Zoning Enabling Act, Act 110 of 2006 as amended. Following its determination as to whether the proposed special land use and accompanying site plan meet the criteria of the City Code, the Planning Commission shall recommend to the City Council approval, approval with conditions or denial. A recommendation for approval may be conditioned upon the execution of a development agreement between the applicant and the city. The City Council shall thereafter determine whether to deny, approve, or approve with conditions the special land use and site plan review.
(Ord. 140908-1, passed 9-8-2014; Am. Ord. 180529-2, passed 5-29-2018)