Zeeland City Zoning Code

An accessory dwelling unit (ADU) is a self-contained, independent living space; containing its own kitchen or kitchenette, bathroom, and sleeping area; located on a lot or parcel with a principal dwelling; and used for long-term occupancy of at least three months.

(Ord. No. 1024, § 1, 12-4-2023)

ADUs are permitted as special land uses in the A-1, R-1, R-2, and R-3 zoning districts on which a single-family dwelling is located, subject to the special use requirements of article IX of this zoning ordinance.

(Ord. No. 1024, § 1, 12-4-2023)

(a)

General requirements.

(1)

Only one ADU shall be permitted on a lot or parcel.

(2)

An ADU shall be designed as an independent housekeeping unit that can be isolated from the principal dwelling space.

(3)

The owner of the property shall occupy either the principal dwelling or the ADU and that dwelling shall serve as the owner's principal place of residence.

(4)

An ADU may be created through new construction, the conversion of an existing building, or as an addition to an existing building, as follows:

i.

Internal units are created when a portion of a detached single-family dwelling is partitioned off to become a separate dwelling unit. It is fully within and under the same roof as the principal dwelling unit, though it may have an external entrance into the unit.

ii.

Attached units are connected to the principal dwelling unit, by a roof and at least one common wall or by a breezeway or similar covered and enclosed structure.

iii.

Detached units stand-alone from the principal dwelling unit and include detached garage apartments and free-standing backyard cottages.

(5)

An ADU shall be at least 350 square feet in floor area; but no larger than 35 percent of the floor area (not including the basement) of the principal dwelling or 850 square feet, whichever is less.

(6)

The ADU shall not contain more than one bedroom.

(7)

Trailers, tents, recreational vehicles, manufactured homes, and similar structures shall not be used as an ADU.

(8)

As a condition of special use approval, the owner shall prepare a deed restriction or other legal instrument to be reviewed and approved by the city attorney. Following approval by the city attorney, the instrument shall be recorded with the Ottawa County Register of Deeds, prior to issuance of a building permit for the ADU. The instrument shall include substantially the following provisions:

i.

A statement that the principal dwelling and the ADU shall have the same owner, unless the dwellings can be separated onto individual building lots, each of which complies with all relevant lot area, setback, access, and other requirements of the zoning ordinance, subject to city approval.

ii.

A statement that the ADU shall not be used as a short-term rental or used as a bed and breakfast facility.

iii.

A statement that the ADU is authorized by the city as a special use subject to ownership and occupancy restrictions of this ordinance.

iv.

A statement containing other restrictions which are appropriate and which reflect conditions that are established by the planning commission when the special land use is approved.

(b)

Internal ADU requirements. An internal ADU may have an exterior entrance located on the side or rear of the principal dwelling. In all other respects, the ADU shall be fully internal to the principal dwelling unit.

(c)

Attached ADU requirements.

(1)

If attached to the principal dwelling, the ADU shall meet all height and setback requirements of the principal dwelling.

(2)

The lot must meet the minimum required lot area for the zone district. Construction of the ADU shall not cause the maximum lot coverage requirements, as specified in the table below, to be exceeded.

(d)

Detached ADU requirements.

(1)

The lot must meet the minimum required lot area for the zone district. Construction of the ADU shall not cause the maximum lot coverage requirements, as specified in the table below, to be exceeded.

(2)

An ADU may be constructed above or on the side of a detached garage that already exists at the time of the adoption of this ordinance, subject to the following standards:

i.

The existing detached garage must be in compliance with the accessory building setback requirements of this ordinance and the accessory building setback requirements shall be maintained after construction of the ADU.

ii.

No portion of the ADU shall be closer than ten feet to the principal dwelling and nor shall it be closer than ten feet from any side or rear property line.

iii.

If located above a detached garage, the maximum height of the structure shall not exceed 25 feet. If attached to the side of the detached garage, the ADU height shall not exceed 14 feet.

(3)

A free-standing detached ADU (not attached to another building) shall meet the following dimensional requirements:

i.

Maximum height: 25 feet

ii.

Separation from all buildings on the lot: Ten feet

iii.

Rear yard setback: 25 feet

iv.

Side yard setback: Ten feet

¹ Includes principal building, accessory buildings, and roofed structures.

² Includes buildings and all paved surfaces such as driveways, walkways, patios, and other impervious surfaces. Fifty percent of permeable surfaces (pavers, decks, etc., not including driveways and parking spaces) may be excluded from the coverage calculation, if approved by the zoning administrator.

(Ord. No. 1024, § 1, 12-4-2023)