(a)

Intent.

(1)

It is recognized that there exists within zoning districts certain lots, buildings and structures, and uses that were lawful before this ordinance was passed or amended, which would be prohibited, regulated or restricted under the terms of this ordinance. It is the intent of this ordinance to permit legal nonconforming lots, buildings and structures, and uses to continue until they are removed, but not to encourage their survival.

(2)

Nonconforming lots, buildings and structures, and uses are declared by this ordinance to be incompatible with permitted uses in the districts in which they are located. It is the intent of this ordinance that these nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other buildings, structures or uses prohibited elsewhere in the district.

(3)

Nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently conducted.

(b)

Nonconforming lots of record.

(1)

Where a lot of record in existence at the time of the adoption or amendment of this ordinance does not meet the minimum requirements for lot width or lot area, such lot of record may be used for any purposes permitted by the district in which the lot is located, provided that any building or structure constructed on the lot complies with all other yard setback requirements.

(2)

If two or more lots of record or combination of lots and portions of lots of record with continuous frontage, in existence at the time of the passage of this ordinance, or an amendment thereto, do not meet the requirements established for lot width or lot area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of such parcel shall be used or divided in a manner which diminishes compliance with lot width and area requirements established by this ordinance.

(c)

Nonconforming uses.

(1)

No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of the adoption or amendment of this ordinance, unless the zoning board of appeals finds all of the following facts to be true:

a.

The enlargement or extension will not substantially extend the probable duration of such nonconforming use and that all enlargements since the use became nonconforming are upon and limited to the same parcel the nonconforming use was located on at the time of the adoption of the ordinance or amendment;

b.

The enlargement or extension will not lead to other similar requests in the general vicinity of the property;

c.

The enlargement or extension will not interfere with the use of other properties in the vicinity for the uses for which they have been zoned nor with their use in compliance with all of the provisions of this ordinance;

d.

Expansion of the use will not have a significant detrimental effect on property values of nearby properties; and,

e.

Expansion of the use will not be contrary to the public health, safety, or welfare or the spirit of the ordinance.

(2)

No part of any nonconforming use shall be moved unless such movement eliminates the nonconformity.

(3)

If a nonconforming use is abandoned for any reason for a period of more than 180 days, any subsequent use shall conform to the requirements of this ordinance. A nonconforming use shall be determined to be abandoned if one or more of the following conditions exists, and such conditions shall be deemed to constitute an intent on the part of the property owner to abandon the nonconforming use:

a.

Utilities, such as water, gas and electricity to the property, have been disconnected;

b.

The property, buildings, and grounds, have fallen into disrepair;

c.

Signs or other indications of the existence of the nonconforming use have been removed;

d.

Removal of equipment or fixtures which are necessary for the operation of the nonconforming use; or,

e.

Other actions, which in the opinion of the City of Zeeland constitute an intention on the part of the property owner or lessee to abandon the nonconforming use.

(4)

A nonconforming use may be changed to another nonconforming use provided that all of the following determinations are made by the zoning board of appeals:

a.

The proposed use shall be as compatible or more compatible with the surrounding neighborhood than the previous nonconforming use;

b.

The proposed nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than the previous nonconforming use; and,

c.

Appropriate conditions and safeguards are provided that will ensure compliance with the intent and purpose of this ordinance.

(5)

A nonconforming use may be re-established after damage, destruction or removal in accordance with the following:

a.

Except for a nonconforming single-family residential use as noted below, a nonconforming use shall not be continued, re-established or recommenced after damage, destruction, or removal of the structure in which the nonconforming use is conducted, whether or not it is a nonconforming structure, if the estimated expense of repair or reconstruction of the structure, at the time of the damage, destruction, or removal, exceeds 60 percent of its replacement value, exclusive of the foundation.

b.

A structure containing a nonconforming single-family residential use or an accessory structure serving a nonconforming single family residential use that is damaged or destroyed more than 60 percent of its replacement value, exclusive of the foundation, may be re-established upon the same footprint, provided that:

1.

With regard to lot, yard, height or other requirements pertaining to the structure, the new structure shall not increase any nonconformity or result in any new nonconformity; and,

2.

Notwithstanding the location of the original footprint, the new structure may be no closer than five feet from any side lot line if it is the principal dwelling, and no closer than three feet from any side or rear lot line and no closer than ten feet from the principal dwelling if it is an accessory structure.

(d)

Nonconforming buildings and structures.

(1)

Where a lawful building or structure exists at the effective date of this ordinance, or an amendment thereto, that does not comply with the requirements of this ordinance because of restrictions such as lot area, coverage, width, height, or yards, such building or structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

a.

No such building or structure may be enlarged or altered in a way that increases its nonconformity, except in cases in which the setback of a building or structure is nonconforming by 50 percent or less of the distance required by this ordinance. Only in these cases may the nonconforming setback be extended along the same plane as the existing nonconforming setback, provided that in so doing, the setback itself is not further reduced;

b.

Should a nonconforming building or structure be destroyed to an extent of more than 60 percent of its replacement value, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this ordinance; and,

c.

Should a nonconforming building or structure be moved for any reason and for any distance, it shall be moved to a location which complies with the requirements of this ordinance.

(2)

None of the provisions of this section are meant to preclude normal repairs and maintenance on any nonconforming building or structure that would prevent strengthening or correcting of any unsafe condition of the building or structure.

(e)

Acquisition by city. The city may acquire, through purchase or condemnation, private nonconforming, buildings, structures, or land. The city council may make this purchase of private property in the manner provided for by law.

(f)

Municipally created nonconforming lots. In any district, a building which is permitted in such zoning district and accessory buildings may be erected upon a lot which does not meet the minimum lot size as the result of a division of a parcel for purposes of dedicating to the city a road right-of-way area. This provision shall apply even though such lot fails to meet the requirements for area and/or width that are generally applicable in the district. Yard requirement variances may be applied for from the zoning board of appeals. A variance for such a nonconforming lot shall be for an indefinite period of time until the lot has been fully developed.

State Law reference— Nonconforming uses or structures, MCL 125.3208.

(a)

Purpose and intent. The following regulations have been adopted to ensure that placement of temporary storage units, commonly known as temporary on demand storage structures, complies with health and safety objectives of the City of Zeeland.

(b)

Definitions. The following definitions shall apply under this section:

Person means the person or entity that owns, rents, occupies, or controls the property upon which a temporary storage unit is placed.

Supplier means the company or vendor that supplies the temporary storage unit.

Temporary storage unit means a transportable unit, container or structure designed and used primarily for temporary storage of personal property, household goods, and other materials for use on a temporary basis. Such unit shall not be considered an accessory structure.

(c)

Requirements for registration and to receive approval of temporary storage units.

(1)

Prior to or within five business days of the initial delivery of a temporary storage unit or units, a person or the supplier shall register the placement of the temporary storage unit with the zoning administrator.

(2)

Registration requires completing the zoning administrator's application to include the person's name, the number and size of the temporary storage unit to be registered, the address at which the temporary storage unit will be placed, the delivery date, removal date, and a sketch depicting the location and the placement of the temporary storage unit, and written approval of the application must be obtained from the zoning administrator department in order to use a temporary storage unit.

(3)

The effective date of the registration shall be the date of the zoning administrator department's approval.

(4)

Unless otherwise permitted, the temporary storage unit shall be located at such address for a maximum of 30 consecutive days, including the days of delivery and removal. A person may apply, however, for up to two 30-day extensions. Unless used in conjunction with a construction or renovation project, a temporary storage unit shall not be permitted to be on the premises for more than 90 consecutive days. If a temporary storage unit is being used in conjunction with a construction project or a renovation project, then the term for a permit shall be for a period of up to one year.

(5)

Each lot is limited to a maximum of two registrations per 12-month period. Unless otherwise permitted, the term for a permit shall not exceed 90 days. No more than one temporary storage unit shall be permitted per property.

(d)

Requirements of temporary storage units. The following requirements shall apply to the placement of temporary storage units:

(1)

It shall be unlawful to place or permit the continued placement of a temporary storage unit on property located within the City of Zeeland unless it is registered with the zoning administrator and such registration is approved by the city.

(2)

A temporary storage unit shall be placed at least five feet from a building and also at least five feet from a property line.

(3)

No temporary storage unit shall be placed upon or within public property or a public place, including without limitation, a street, street right-of-way, or sidewalk, unless written approval has been granted by the city manager.

(4)

A temporary storage unit shall not exceed ten feet in height, ten feet in width or 20 feet in length.

(5)

A temporary storage unit shall be secured in a manner that does not endanger the safety of persons or property in the vicinity of such unit.

(6)

A temporary storage unit shall be maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks, at all times.

(e)

No temporary storage unit shall be used for human occupancy or to store solid waste, construction debris, demolition debris, goods for property other than the property where the temporary storage unit is located, or any other illegal or hazardous material. Upon reasonable notice, the City of Zeeland may inspect the contents of any temporary storage unit at any reasonable time to ensure that it is not being used to store prohibited materials.

(f)

A temporary storage unit which was utilized in conjunction with a construction project shall be removed from a site within 15 days from the date of a final inspection of a site.

(g)

Any temporary storage unit which is not removed at the end of the time for which it may lawfully remain in place may be removed by the city immediately, without notice, and the cost of such removal and storage of goods may be assessed against the property on which such unit was located. If the cost of removal and storage is not paid, then such cost may be added to the cost of a property bill. A person in registering a temporary storage unit shall be deemed to have granted the city the right to have access to a site and to have the right to remove a temporary storage unit as provided for herein. The contents of such a temporary storage unit may be auctioned off by the city within 30 days of the removal of a temporary storage unit if a person does not make arrangements to pick up such items within such time period. Such costs shall be treated as a single lot assessment as provided by Section 14.22 of the Zeeland City Charter.

(h)

A sign advertising the supplier's business and mounted on a temporary storage unit does not require a sign permit, provided that the temporary storage unit is in compliance with this section and all applicable ordinances.

(a)

Accessory buildings generally.

(1)

Where an accessory building is attached to a main building, it shall conform to all regulations of this ordinance applicable to the main building.

(2)

Accessory buildings shall not be permitted in the front yard.

(3)

Accessory buildings shall not be permitted on a lot or parcel which does not have a main use or building.

(4)

The exterior surfaces of all exterior walls of accessory buildings shall have the same surface skin and/or materials as the primary surfaces of the principal structure on the premises, unless the person or entity charged with reviewing a site or building plan shall find that the contents or proposed use of such accessory building requires an alternate surface material. It is the specific intent of this section that fabric, plastic, canvas, and metal surfaces shall not be permitted where the exterior surfaces of the principal structure consists of brick, wood, vinyl, stucco, or other similar materials unless good cause and a necessity can be shown for an alternate exterior surface.

(5)

Temporary special occasion tents which have a maximum occupancy of 50 people or less and which are used for seven days or less are exempt from the requirements of Subsections (a)(4) and (c)(5) of this section. No permit shall be required for special occasion tents provided that they have a three-foot setback from an adjacent lot line and if they do not interfere with any means of ingress or egress of any structure. Neither shall the temporary special occasion tent interfere with the visibility for any driveway.

(b)

Accessory uses generally.

(1)

Accessory uses are permitted only in connection with, incidental to, and on the same lot with a main use which is permitted in the particular zoning district.

(2)

An accessory use must be in the same zoning district as the main use on a lot.

(3)

No accessory use shall be occupied or utilized unless the main structure to which it is accessory is occupied or utilized. No accessory use may be placed on a lot without a main use.

(4)

Accessory uses shall not be permitted in the front yard.

(c)

Residential accessory buildings and structures. Accessory buildings shall be permitted within the R-1 and R-2 districts or with any residential use provided that the following restrictions are met:

(1)

No more than two detached accessory buildings shall be permitted on any residential lot.

(2)

The total area of all accessory buildings shall not exceed 960 square feet on lots of 9,000 square feet or less, or 1,200 square feet on lots larger than 9,000 square feet. For parcels larger than 9,000 square feet and on which there is a housing facility serving developmentally disabled individuals, an accessory building shall not exceed 1,500 square feet.

(3)

An accessory building located in the rear yard shall not occupy an area which is greater than either 25 percent of the total rear yard area or an area which is larger than the footprint of the dwelling.

(4)

Any accessory building in a side yard may not be smaller than 400 square feet; provided, however, that if an accessory building is in a side yard, that the combined areas of all accessory residential buildings shall not exceed the area permitted in Subsection (c)(2) of this section nor an area which is larger than the footprint of the dwelling.

(5)

Accessory buildings smaller than 120 square feet which are not fabric, plastic, canvas, or constructed from a nonrigid material and summer screen houses that are not used for any storage purposes are exempt from the requirements of Subsection (a)(4) of this section, but shall meet all of the other requirements of this section.

(6)

Accessory buildings which are made in whole or in part of fabric, plastic, canvas, or other similar materials and whose size is smaller than 300 square feet are exempt from the requirements of Subsection (a)(4) of this section and are also permitted provided that all of the following additional requirements are met:

a.

That such a structure only be located in a rear yard for lots of less than 100 feet in width, and that for lots in excess of 100 feet in width, that such a structure may be located in a rear yard or in a side yard if the structure has at least a 15 foot side yard setback and also a setback of at least 15 feet from the front of the principal structure on the lot;

b.

That if any recreational vehicle is parked underneath such a structure, that it must be parked on a paved surface;

c.

That such a structure shall not be utilized for any nonrecreational vehicles, for any vehicle which is owned by a third party, or for any other storage;

d.

That such structure not be utilized for more than six months a year and not remain erected for more than six consecutive months a year;

e.

That such structure not have enclosed sides; and,

f.

That a building or land use permit be obtained for the annual erection and disassembling of such a structure from the zoning administrator's office. Such a permit shall be valid for up to five years.

(7)

No detached accessory building shall be located closer than ten feet to any main building. The drip edge of any detached accessory building shall not be located closer than three feet to any side or rear lot line.

(8)

No accessory building shall exceed 14 feet in height, provided that if an accessory building exceeds 660 square feet, that the height of that accessory building may be 18 feet.

(9)

For corner lots, an accessory building may be permitted within a front yard, but not in the primary front yard or in the required front yard of a secondary front yard, but in no event, however, shall such accessory building be permitted to be closer to the public right-of-way than the nearest adjacent residential structure to such accessory building.

(d)

Other district accessory buildings and structures. Accessory buildings shall be permitted within the R-3, OS, C-1, C-3, I-1, I-2, and PF districts provided that the following restrictions are met:

(1)

The total area of all accessory buildings shall not exceed 50 percent of the gross floor area of the main building.

(2)

Detached accessory buildings shall meet all setback requirements for the district in which it is located.

(3)

No detached accessory building shall be located nearer than ten feet to any main building, and ten feet separation shall be required between accessory buildings.

(4)

No accessory building shall exceed the permitted height for main buildings in the district in which it is located.

No parcel shall be split so as to create an irregularly shaped parcel so as to permit the area requirements for a lot to be met by adding a parcel to the rear or the side of a parcel. An irregularly shaped parcel is a parcel connected to another parcel by a narrow piece of property, so as to create a barbell-like shaped parcel.

Buildings, structures, other improvements, and plantings on corner parcels are subject to the following regulations:

(1)

No building, structure, other improvements, including but not limited to fences, walls, signs, hedges, and screens, or any planting shall be erected or maintained to obstruct vision between a height of three feet and eight feet within the triangular area formed by the intersection of the street right-of-way lines and a line connecting two points which are located on those intersecting right-of-way lines 20 feet from the point of intersection of the right-of-way lines. See the following figure for a diagram of this regulation. (Clear vision areas are marked with dots starting 20 feet from the intersection of right-of-way lines from the intersection.)

(2)

The three-foot and eight-foot height limit shall be measured from the lowest elevation within the triangular area which is described in Subsection (1) of this section.

(a)

Storage in enclosed porches. An enclosed residential porch is a porch of a dwelling which is not open to the outside air and which is fully enclosed by walls, doors, screens, partial screens and/or windows. Except as otherwise provided for herein, storage of boxes, newspapers, periodicals and stacks of furniture or of other items of tangible personal property higher than the bottom edge of a window of an enclosed residential porch is prohibited. Storage in enclosed porches is also subject to the following additional provisions:

(1)

Storage of boxes, newspapers, periodicals and furniture or of other items of tangible personal property shall be permitted in an enclosed residential porch provided that such storage is not higher than the bottom edge of a window of the enclosed porch.

(2)

Storage on an enclosed residential porch is not defined as including the presence of two or fewer bicycles, a snow shovel, a single grill, furniture such as chairs, swings, couches, tables, end tables, plant stands, children's toys, planters and flower pots which are arranged so as to permit the occupancy and use of the enclosed porch and social interactions by the dwelling's occupants and guests in the enclosed porch.

(3)

Books and knick-knacks on shelves which are not directly in front of a window are exempt from this regulation.

(4)

Storage on an enclosed porch of tangible personal property during a construction project for which a building permit has been issued shall be permitted.

(5)

Storage of permitted items on an enclosed residential porch shall not block the ingress or egress into the enclosed porch or into the home.

(b)

Storage on open porches. An open residential porch is a porch of a dwelling which is open to the outside air and is not fully enclosed by walls, doors, screens, partial screens and/or windows. Except as otherwise provided for herein, storage on open residential porches is prohibited. Storage on open porches is also subject to the following additional provisions:

(1)

Storage is defined as having more than two bicycles, lawn and garden equipment, bed frames, and/or stacks of tangible personal property or items of tangible personal property on the open porch and/or having other items on an open porch which are not generally kept outside of a structure on the porch such as firewood, vehicle parts, recreational vehicles or parts, construction materials, refuse and junk containers.

(2)

Storage on an open residential porch is not defined as including the presence of two or fewer bicycles, a snow shovel, a single grill, outdoor furniture such as outdoor chairs, swings, couches, tables, end tables, plant stands, children's toys, planters and flower pots which are arranged so as to permit the outside occupancy and use of the open porch and social interactions by the dwelling's occupants and guests on the open porch.

(3)

Storage on an open porch of tangible personal property during a construction project for which a building permit has been issued shall be permitted.

(4)

The keeping of otherwise prohibited items on an open porch is permitted if the presence of such items on an open porch is for less than 24 hours.

(5)

Storage of permitted items on an open porch shall not block the ingress or egress onto the open porch or into the home.

(a)

Curb lawns may be planted with lawn grass. The grass in the curb lawn shall be maintained and shall not be permitted to be taller than ten inches. In addition, bedded annual plantings and bulb plants may be grown in the curb lawn. Trees shall also be permitted to be planted and maintained in the curb lawn if permitted both by this ordinance and by the city manager. The size, type, and species of a tree in the curb lawn is subject to the review and approval of the city manager.

(b)

Stones, bark, wild flowers, shrubs, and weeds in flower beds which are taller than the flowers, are not permitted to be placed, maintained, grown, or permitted, as applicable, within the curb lawn.

(c)

The city may require the removal of any planting, sign, or object from the curb lawn which is not approved by the city, or which the city deems necessary to have removed. If the adjacent property owner does not take the required corrective action which is required by this section, the city shall have the right to take such corrective action and to bill the adjacent property owner or occupant for such costs. Such costs are to be placed on the next property tax bill if the adjacent property owner or occupant does not pay such bill by its due date.

(d)

Curb lawns are defined as being that area between the paved road and the sidewalk or bicycle path. If there is not a sidewalk or bicycle path, the curb lawn is defined as being a distance of 15 feet from the curb or the outer edge of the paved road.

(a)

Except as otherwise provided, fences in residential districts shall not exceed six feet in height, measured from the surface to the uppermost portion of the fence. A residential fence which is within 20 feet from a swimming pool or hot tub may be up to eight feet in height, provided that the said fence complies with all other regulations with regard to fences. In addition, a side yard and/or a rear yard residential fence which is adjacent to a public facility may also have a height of up to eight feet in height, provided that such a fence not exceed three feet in height in a front yard, and further provided that it complies with all other regulations with regard to fences.

(b)

Except as otherwise provided, fences erected within the front yard in any district shall not exceed three feet in height. Fences within the front yard shall be of a type which is not more than 25 percent solid, so as not to obscure vision at the right-of-way or property line of the lot or parcel on which it is placed. A residential fence on a through lot may be six feet in height and may be placed within four feet from the public right-of-way if it is not on a corner lot, provided that it shall only be three feet in height in the required front yard setback area if such fence is directly adjacent to a lot with a home on either side of it. It is the intent of this ordinance not to permit a six-foot fence to extend to the public right-of-way if such fence will be adjacent to the front yard of a home on an adjacent lot, and with such adjacent home being on either side of the fenced in area.

(c)

Fences in residential districts or enclosing residential uses shall not contain barbed wire or be electrified, nor shall fences in residential districts be within four feet of a boundary line and/or be within the front yard consist of chicken wire or livestock fencing.

(d)

No chain link or wire fence shall be located within any residential front yard or within the front yard of any parcel within the public facilities district, unless in the public facilities district, such a fence is used to enclose a playground area, athletic area, or park, and such fence is approved by the planning commission as a part of a site plan.

(e)

Fences in commercial, industrial and public facilities districts which enclose storage lots or other areas requiring security may contain barbed wire, provided that the barbed portion of the fence shall not be nearer than six feet from the surface of the ground. The total height of fences in the public facilities, commercial, and industrial districts shall not exceed eight feet.

(f)

Fences shall not be erected within any public right-of-way in any district.

(g)

Fences shall not be erected within two feet from a sidewalk in a residentially zoned district, and they shall not be erected within four feet from a sidewalk in all other zoned districts.

(h)

For corner lots for residential property, a fence of up to six feet in height may be placed in the secondary front yard not closer than 15 feet from the edge of the public street right-of-way.

Any lot created shall have frontage upon a public street equal to that required by the district in which it is located. A lot within a site plan condominium, however, shall not be required to have frontage on a public street. In addition, a residential lot in excess of 1.5 acres shall not be required to have frontage if it has access to a public street as the result of a recorded easement which is 30 feet or more in width, and if the driveway in such easement area is paved with either concrete or asphalt.

Recreational equipment may be located outside of an enclosed building on any lot within a residential district provided that the following requirements are met:

(1)

If located on an interior lot, recreational equipment shall not be located within the front yard. If located on a corner lot, recreational equipment shall not be located in the required yard of the secondary front lot line facing the street. If located on a through lot, recreational equipment shall not be located in the front yard or the rear yard between a public street and rear yard setback.

(2)

Notwithstanding the provisions of this section, recreational equipment may be parked within any yard, but not within the required yard, for cleaning, loading, or unloading purposes for not more than 48 hours within any seven-day period.

(3)

Recreational equipment may be used for living or housekeeping purposes for a period not exceeding 14 days in any calendar year, provided that running water or indoor sewage facilities within such equipment is not utilized.

(4)

Where physical features of a property, such as, but not limited to, immovable structures, or a tree with a diameter of four inches or greater, prohibit a recreational vehicle from being parked in compliance with this section, the owner may apply to the zoning administrator for permission to park the recreational vehicle on the lot. This permission shall be granted, provided that the following requirements are met:

a.

An application for permission shall be accompanied by a site plan, drawn to scale, showing the reasons why the recreational vehicle cannot be parked in compliance with this section. A filing fee, which shall be set by the city council by resolution, shall also be required.

b.

A 20-foot setback shall be maintained from the recreational vehicle to the edge of the street pavement or curb or, if a sidewalk exists, the 20-foot setback shall be measured from the inside edge of the sidewalk.

c.

Parking approval, if granted by the zoning administrator, shall be effective for five years following the date of issuance. Further approvals may be granted by the zoning administrator in accordance with this section.

Radio or television antennas or towers, used by a residential homeowner for their personal use in residential zones, which are larger than one meter are subject to the regulations of this section:

(1)

Placement.

a.

In residential districts, a radio or television antenna or tower shall be located only in a rear yard; a satellite dish antenna shall be permitted only in a rear yard.

b.

A radio or television antenna or tower shall be located in compliance with the side and rear yard requirements applicable to main buildings in the district in which it is located, except that the minimum setback from all property lines shall be equal to one-half of the height of the radio or television antenna or tower, unless mounted on the roof of a structure or building.

c.

No more than one radio or television antenna or tower and three satellite dish antennas, shall be located on the same lot as a main building. Antennas are permitted only in connection with, incidental to and on the same lot as a main use or building.

(2)

Height. In residential districts, the height of a radio or television antenna or tower shall not exceed 50 feet above average grade; a satellite dish antenna, including any platform or structure upon which the antenna is mounted, shall not exceed 14 feet in height, or ten feet in diameter.

(3)

General provisions.

a.

No portion of a radio or television antenna or tower, or a satellite dish antenna, shall contain any name, message, symbol, or other graphic representation visible from adjoining properties, except as required by the manufacturer or federal regulations for safety purposes.

b.

A radio or television tower, or a satellite dish antenna larger than one meter in a residential district, shall be anchored in a manner approved by the zoning administrator as being adequate to secure the satellite dish antenna during high winds.

c.

A radio or television tower, or a satellite dish antenna larger than one meter in any residential district shall not be erected, constructed, or installed until a building permit has been obtained from the zoning administrator.

(4)

Purpose. The purpose of these regulations is to meet the aesthetic objectives of the City of Zeeland, and these regulations are necessary to promote the public welfare of the city. These regulations do not unnecessarily burden the federal interests of ensuring access to satellite services, and they do not result in promoting unfair competition among competing communications service providers.

No more than one main building or use may be located on a parcel, except for groups of related industrial or commercial buildings, or multiple-family dwellings contained within a single, integrated complex, sharing parking and access.

(a)

Certain architectural features, such as cornices, bay windows (or windows without foundations), gutters, chimneys, pilasters and similar features may project no further than four feet into a required front, rear, or side yard.

(b)

An open, unenclosed, and uncovered porch, paved terrace, deck, balcony or window awning may project no further than ten feet into a required front yard, no further than 15 feet into a required rear yard, and shall not project into a required side yard. In no case shall a porch, deck, balcony or awning be placed closer than five feet to any front or rear lot line, with the exception of the C-2 Central Business District where the porch, deck, balcony or awning may extend to the lot line.

The erection, construction, alteration or maintenance of essential public services shall be permitted in any zoning district, it being the intention thereof to exempt such erection, construction, alteration or maintenance from the application of this ordinance, except and provided that antennas, towers, alternative tower structures, and lines connecting antennas, towers, alternative tower structures and equipment supporting and enhancing the operation of such items shall be subject to the applicable regulatory terms of this zoning ordinance and/or to the terms of any other ordinance which may be enacted by the City of Zeeland. It is hereby intended that tangible personal property and fixtures which are installed on real property for the use of telecommunications, personal communications, and wireless communication systems be regulated so as to protect the health, safety and welfare of the public.

The building height restrictions of all zoning districts shall be subject to the following exceptions: parapet walls not exceeding four feet in height, chimneys, cooling towers, elevator bulkheads, fire towers, gas tanks, grain elevators, silos, stacks, stage towers and scenery lofts, water tanks, public monuments, church spires, and penthouses or roof structures housing necessary mechanical appurtenances, subject to Section 4.125.

(a)

No lot, adjacent lots in common ownership, required yard, parking area or other required open space shall be created, divided or reduced in dimensions or area below the minimum requirements of this ordinance. If already less than the minimum requirements of this ordinance, a lot or adjacent lots in common ownership or a required yard, parking area or other open space shall not be divided or reduced in dimensions or area so as to increase its noncompliance with the minimum requirements of this ordinance. Lots or yards created after the effective date of this ordinance shall comply with the requirements of this ordinance.

(b)

Accessory buildings or structures, including, but not limited to, porches enclosed by walls, or garages, attached to a dwelling unit or other main building in a substantial manner, such as by a wall or roof, shall be deemed a part of such main building, for the purpose of determining compliance with the provisions of this ordinance concerning required yards.

(a)

The repair, restoration, storage and maintenance of vehicles on any residentially used property is prohibited unless occurring entirely inside a fully enclosed building. Inoperable or unlicensed vehicles and vehicle parts shall also be stored inside a building. The following, however, shall not be subject to the forestated requirements of this section:

(1)

Procedures or projects on vehicles that last less than 48 hours in duration to complete.

(2)

Procedures or projects or sequences of procedures or projects that result or which may result in a vehicle being immobile or inoperable for more than 48 hours may only be done within a fully enclosed building, and may not have any part of the procedure or project, for example but not limited to, welding, grinding, sanding, painting, major motor vehicle repairs, or any other activity lasting less than 48 hours, done outside of the building.

(b)

It shall be unlawful for the owner or lessee of any residentially used property to permit the open storage or the parking outside of a building of:

(1)

Any commercially used truck or any truck with a commercial sign which has an elected gross vehicle weight in excess of three ton;

(2)

A motor vehicle with a cargo box or a cargo container which is in excess of eight feet in length;

(3)

A vehicle that is a semi-tractor truck and/or semi-trailer, bulldozer, earth carrier, crane or any other similar item of equipment or machinery unless parked thereon while in use for construction being conducted on such lot;

(4)

More than one noncommercial utility trailer or wagon designed for pulling behind a motor vehicle which may be used for hauling; provided that such prohibited vehicles do not include a recreational vehicle which is stored for personal use; or,

(5)

Any utility trailer or wagon designed for pulling behind a motor vehicle if it is parked for more than 48 hours in the front yard setback.

(a)

Every person owning land on which there is located a swimming pool, spa, hot tub, or similar device (below ground or above ground) which contains 24 inches or more of water in depth at any point, shall erect and maintain thereon a fence or enclosure approved by the zoning administrator surrounding the device sufficient to make such device inaccessible to small children. Such fence or enclosure, including the gates, shall not be less than four feet or greater than six feet above grade. All gates shall be self-latching with latches installed in a location not accessible to small children in accordance with the state construction code. (Doors, decks, and other pool appurtenances must also comply with other applicable regulations from the state construction code.)

(b)

Swimming pools, spas, hot tubs and similar devices two feet or less above grade at any point shall not be located less than four feet from any lot line.

(c)

Swimming pools, spas, hot tubs and similar devices shall not be located less than three feet from any lot line.

(d)

Swimming pools, spas, hot tubs and similar devices shall not be located in any front yard, except that on corner lots they may be located in a secondary front yard which is not the required secondary front yard.

(a)

Permissible items. Playground equipment which is less than four feet tall and which has a footprint of fewer than 20 square feet, a play structure which is fewer than four feet tall or which has a footprint of fewer than 20 square feet, a basketball pole and hoop, fountains, ornamental objects, lawn furniture, other objects of a similar nature, and landscaping except as otherwise regulated, may be located within a front or secondary front yard.

(b)

Impermissible items and uses. All sandboxes, playground equipment which exceeds one or more of the above dimensions, play structures which exceed one or more of the above dimensions, and accessory buildings may not be located in a front or secondary front yard of any residentially used lot.

Any single-family or two-family dwelling, whether constructed and erected on a lot or a manufactured home, shall be permitted only if it complies with all of the following requirements:

(1)

If the dwelling 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. Dept. 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 zoning administrator or his designee, to be in excellent condition and safe and fit for residential occupancy.

(2)

The dwelling shall comply with all applicable building, electrical, mechanical plumbing, fire, energy and other similar codes which are or may be adopted by the city; provided, however, that where a dwelling is required by law 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 such federal or state standard or regulation shall apply. Appropriate evidence of compliance with such standards or regulations shall be provided to the zoning administrator.

(3)

The dwelling shall comply with all restrictions and requirements of this ordinance, including, without limitation, the minimum lot area, minimum lot width, minimum residential floor area, required yard and maximum building height requirements of the zoning district in which it is located.

(4)

If the dwelling is a manufactured home, the manufactured home shall be installed with the wheels and towing mechanism removed.

(5)

The dwelling 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 and to be constructed of such materials and type as required by the state construction code for on-site constructed dwellings. If the dwelling is a manufactured home, its foundation shall fully enclose the chassis and undercarriage.

(6)

If the dwelling is a manufactured home, it shall be installed pursuant to the manufacturer's setup 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)

The dwelling shall have a minimum horizontal dimension across any front, side or rear elevation of 20 feet.

(8)

Storage area within a building with an area of no less than 120 square feet shall be provided. This storage area may consist of a basement, closet area, attic or attached garage in a main building, or in a detached accessory building which is in compliance with all other applicable provisions of Section 4.102.

(9)

Permanently attached steps and a porch area at least three feet in width and three feet in length shall be provided where there is an elevation difference greater than eight inches between the first floor entries and exits of the dwelling and the adjacent grade. A landing of at least three feet by three feet shall be provided at each exterior door. All stairs and porches must comply with the residential code.

(10)

The pitch of the main roof of the dwelling shall not be less than three feet of rise for each 12 feet of horizontal run, and shall have not less than a 12-inch overhang.

(11)

The exterior finish of the dwelling shall not cause reflection that is greater than that from siding coated with clean, white, gloss exterior enamel.

(12)

The dwelling shall be so placed on the lot that the portions nearest the principal street frontage are at least 30 feet in dimension parallel to the street.

(13)

The ground floor dwelling shall have no less than two exterior doors, with one being in either the rear or the side of the dwelling.

(14)

Residential dwellings must have electrical service lines which comply with the requirements of Section 4.127 of this zoning ordinance.

(a)

The use of any portion of the basement of a partially completed building, or any garage or accessory building for dwelling or sleeping purposes in any zoning district is prohibited.

(b)

Recreational vehicles or equipment may be used for temporary living purposes when accessory to an existing single- or two-family dwelling unit. Such use shall only be permitted for a period not to exceed a total of 14 days per calendar year.

(c)

A roominghouse is prohibited in all districts except for the I-2 General Industrial District.

Construction buildings and structures, including trailers, incidental to construction work on a lot, may be placed on such lot, subject to the following restrictions:

(1)

Construction buildings and structures may only be used for the storage of construction materials, tools, supplies and equipment, for construction management and supervision offices, and for temporary on-site sanitation facilities, related to construction activity on the same lot.

(2)

No construction building or structure shall be used as a dwelling unit.

(3)

Prior to installation of a construction building or structure, a land use permit must have been issued by the zoning administrator.

(4)

Construction buildings and structures shall be removed from the lot within 15 days after an occupancy permit is issued by the zoning administrator for the permanent structure on such lot, or within 15 days after the expiration of a building permit issued for construction on such lot.

(a)

Construction completion requirement. Following the initiation of the construction, erection, reconstruction, modification, expansion or enlargement of any building or other structure authorized under the provisions of this ordinance, completion of such work shall be diligently pursued and completed in a timely manner. Unless otherwise specified as a condition of approval of a site plan or special land use by the planning commission, any construction authorized under the provisions of this ordinance shall be completed within one year from the date of issuance of a building permit or land use permit for such construction.

(b)

Landscaping completion requirement. All landscaping which is specified in a site plan shall be completed within six months from the date of occupancy.

(c)

Landscaping replacement requirements. Required landscaping which dies following its installation, which is intentionally removed from a site, or which no longer fulfills its screening purpose, shall immediately be replanted in accordance with the terms and conditions of the original site plan to immediately fulfill its screening purposes.

(d)

Landscaping by street and sidewalks requirement. Landscaping shall be completed within six months from the date that a street has been constructed or reconstructed, and/or from the date that a sidewalk has been constructed, replaced, or repaired. Regrading, replanting, and other restoration work adjacent to public improvements shall be completed within six months from the date that a street has been constructed or reconstructed, and/or from the date that a sidewalk has been constructed or repaired.

(a)

Where the front yards for existing main buildings in the vicinity of, and in the same zoning district as, a subject lot are less than the required front yard for the zoning district of the subject lot, the required front yard for the subject lot shall be the average front yard of existing main buildings on the same side of the street and entirely or partially within 200 feet of the side lot lines of the subject lot, subject to Subsections (b) and (c) of this section.

(b)

The front yard reduction permitted in Subsection (a) of this section shall only be permitted if there are two or more lots occupied by main buildings within the area described in Subsection (a) of this section for computing the average front yard.

(c)

In no case shall the required front yard resulting from the application of Subsections (a) and (b) of this section be less than 15 feet.

(a)

The keeping of household pets, including dogs, cats, fish, birds, hamsters and other animals generally regarded as household pets, is permitted as an accessory use in any residential district. However, no more than three dogs or cats, six months of age or older, in any combination thereof, shall be kept or housed in or at one dwelling unit.

(b)

The keeping of animals not normally considered household pets, including, but not limited to, horses, pigs, sheep, cattle, and poultry is prohibited in all zoning districts, with the exception of the A-1 Agricultural District, in conjunction with permitted agricultural operations.

(a)

Distance from lot lines. Except in the C-2 Central Business District, mechanical appurtenances, such as blowers, ventilating fans and air conditioning units, shall be placed not closer than 12 feet to any lot line.

(b)

Rooftop locations. Any mechanical appurtenances, including elevator housings, stairways, tanks, heating, ventilation and air conditioning equipment, and other similar apparatus, located on the roof of any building shall comply with the following standards:

(1)

Such apparatus shall be enclosed in a screening structure having walls constructed of material compatible in appearance with the main building to which it is attached.

(2)

The apparatus and enclosure shall not exceed a height of ten feet above the surrounding roof surface, and shall not occupy greater than 15 percent of the total area of the roof of the building on which it is placed.

(c)

Vertical plumbing. All vertical plumbing, HVAC pipes and other similar piping, which is located three or more feet above the grade level and which is located outside of a building within a residential district shall be enclosed if it is below the eave line of the building. Such items shall be enclosed in a screening structure having walls constructed of material compatible in appearance with the main building to which it is attached.

(d)

Fuel-burning equipment.

(1)

All fuel-burning equipment which is located outside of a principal building shall be located in the rear yard at least 12 feet from an adjacent property line.

(2)

The building enclosing such equipment shall have walls constructed of material compatible in appearance with the primary structure on the lot. The height of the smoke stack shall be not less than ten feet.

(3)

Fuel which is to be burned in such fuel-burning equipment shall be placed not closer than three feet from a side lot line and shall only be stored in the rear yard, in an enclosed building, or in an enclosed bin.

(4)

All unspent stored fuel which is not stored in an accessory building or bin shall be completely screened from view from the closest side lot line with a fence and/or with evergreen bushes which are at least as tall as the unspent fuel and shall be placed on a cement pad with a roof or covering over the fuel.

(5)

In no event shall any storage facility or bin for the fuel be taller than eight feet from the average grade of the rear yard.

(6)

Such fuel-burning equipment shall be calibrated and adjusted so as to burn without showing visible smoke more than six feet from the chimney.

(7)

All ashes shall be stored inside an enclosed container and shall be removed from the premises on a regular basis.

(8)

It is hereby acknowledged that the number of accessory buildings are limited in certain districts. Accessory buildings which are constructed to meet the requirements of this section shall be included in the count of accessory buildings of a parcel so as to determine whether or not the maximum number of permitted accessory buildings has been exceeded. This section shall not be deemed to authorize the construction of accessory buildings in excess of the permitted number of accessory buildings for a parcel.

No structure for human occupancy shall, after the effective date of this ordinance, be erected, altered or moved upon any lot or premises and used in whole or part for dwelling, business, industrial or recreation purposes unless provided with a safe, sanitary and potable water supply and with a safe and effective means of collection, treatment and disposal of human, domestic, commercial and industrial waste. Such installations and facilities shall conform with the minimum requirements for such facilities set forth by the State of Michigan Department of Natural Resources and Environment, the Ottawa County Health Department, and the subdivision regulations, state construction code and water and sewer ordinances of the City of Zeeland.

State Law reference— Sewage disposal and waterworks systems, MCL 324.4101 et seq.

In all districts, electrical services lines must comply with the following regulations, as applicable:

(1)

The electrical service to a new structure shall be an underground electrical service.

(2)

Existing structures with an overhead electrical service shall have the electrical service to the structure placed underground within a 30-day period which is specified by the city in conjunction with a municipal construction project which results in the electrical distribution service for the property being placed underground. The city shall give not less than a 30-day notice as to the time period during which the property owner must change and convert their electrical service to an underground electrical service.

(3)

Existing structures with an overhead electrical service and with an underground distribution service located within the principal front yard, the secondary front yard or in the street right-of-way adjacent to such yards shall place the electrical service to the dwelling underground prior to the closing on a sale of the structure to a third party, or the selling property owner shall establish an irrevocable escrow account at or prior to the time of the sale with the city treasurer in an amount as may be required by the zoning administrator to provide financing to place the electrical service underground within six months from the date of closing on the sale of the parcel. The escrow amount shall be 1½ times the sum of the estimated permit, construction, and inspection costs to place the electrical service underground, to remove the above-ground service, and to restore the site. A new property owner shall then contract and shall have the obligation to place the electrical service underground and to perform the associated work, and shall have the right to utilize a portion or all of the escrowed funds for such purposes. Unless otherwise agreed to in writing, any unused escrow funds after the required work has been performed shall be refunded to the selling property owner. If a selling property owner fails to place the electrical service underground or to establish a required escrow account, the new property owner shall be required to place the electrical service underground at his, her, their, or its own expense within six months from the date of purchase.

(4)

Failure to comply with the requirements of this section shall be a basis for either being charged with a municipal civil infraction and/or shall be grounds to disconnect the electrical service to the property. No disconnection shall be authorized, however, unless a property owner is given an additional 30-day notice after the due date for placing his, her, their, or its electrical service underground. In addition, no disconnection of the electrical service shall be authorized during the months from November through March because of a failure to place the electrical service underground.

(5)

The underground requirements of this section may be waived if the utility manager of the Zeeland Board of Public Works certifies that because of the voltage of a distribution service and/or because of other service conditions that the preferred utility practice would be to have an aboveground distribution service.

(Ord. No. 945, § 1, 10-20-2014)

(a)

A lot shall be considered to be a cul-de-sac lot if the lot has more than one-half of its required frontage on the cul-de-sac. The one-half required frontage shall be determined prior to reducing the required frontage permitted by Subsection (c) of this section.

(b)

The cul-de-sac shall be determined to commence at the intersection of the radius of the cul-de-sac with the street right-of-way line.

(c)

A lot on a cul-de-sac shall have frontage on a cul-de-sac which is not less than 80 percent of the minimum lot frontage required for the zoning district in which it is located.

(a)

A corner lot shall have two front lot lines: a principal front lot line and a secondary front lot line. The principal front lot line shall be the shorter of the two lot lines. Where the lot lines are of equal length, and/or the principal front lot line is not evident, then the City of Zeeland shall determine the principal front lot line.

(b)

General provisions. The required front setback shall be measured from both the principal and secondary front lot lines. For a corner lot with three front setbacks, the remaining setback shall be a rear setback.

(c)

Except for R-1 residential lots, the remaining setbacks shall be a rear and a side setback. The rear setback shall be measured from the rear lot line, which in the case of a corner lot, shall be the lot line opposite the principal front lot line. For R-1 residential lots, such lots shall have a principal front lot line and a secondary front lot line and two side yard setback lines. The width of a corner lot shall be determined by the entire length of that front lot line which is opposite the rear lot line.

(d)

Office and commercial zoning districts. For a corner lot which is completely within an OS, C-1, or C-3 zoning district, the setback along the secondary street shall not be less than 30 feet. All other setbacks shall comply with the minimum setback requirements of the zoning district within which the lot is located and the requirements of Section 4.104.

The planning commission may withhold granting of approval of any use, site plan, or other approval required by this ordinance pending approvals which may be required by county, state or federal agencies or departments.

(a)

Home occupations shall be approved by the zoning administrator, who shall issue an approval upon receipt of a letter from the applicant stating his intent to comply with the requirements of this section.

(b)

No persons other than members of the immediate family residing on the premises and one other person shall be engaged in such occupation.

(c)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 20 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

(d)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign, not exceeding four square feet in area, nonilluminated, and mounted flat against the wall of the main building.

(e)

The home occupation shall be operated entirely within the principal dwelling.

(f)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in the required front yard.

(g)

No equipment or process shall be used in such a home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses. In case of 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.

State Law reference— Instruction in craft or fine art as home occupation in single-family residence, MCL 125.3204.

A residentially zoned or used lot may be utilized on a short-term basis, for the sale of a motor vehicle belonging to the resident of a home and/or for the sale of second-hand or used household items, including but not limited to clothing, housewares, tools, furniture, recreation equipment, and other miscellaneous articles, subject to the following conditions and limitations:

(1)

That there shall not be more than one temporary sign, not larger than four square feet, advertising the sale, and that such sign shall only be exhibited during the hours of the sale on the property on which the sale is located;

(2)

That a sale not extend in duration for more than six days, and that no residential parcel have more than two sales in a calendar year;

(3)

That no sale activities take place on any public sidewalk area nor within the curb lawn area of the property, or if there is no public sidewalk on the premises, within ten feet from the edge of the roadway; and,

(4)

That if a motor vehicle is being sold, that not more than one motor vehicle shall be advertised at a time as being for sale, or be parked and be advertised as being for sale, on a residential lot. In addition, not more than two motor vehicles shall be advertised as being for sale and be parked on a residentially used or zoned lot during a calendar year, and no vehicle shall be parked on a residential lot with a for sale sign on it for more than 30 days in a calendar year.

No junk shall be permitted to accumulate on a lot outside of an enclosed building which is zoned or used as a residential lot; provided, however, that nothing in this section shall be deemed to prohibit the establishment and use of a compost pile as otherwise is permitted by this ordinance.

Residential composting sites are only permitted in rear yards, must be located at least three feet from any adjacent parcel, and must be screened with a wood fence and/or plantings, which are at least as high as the composting pile, on any side which is within the view of an adjacent parcel. In addition, a composting site may not occupy more than 100 square feet of a rear yard.

(a)

Graffiti is defined as using, without permission of the property owner, any paint, spray paint, pigment, tool or other means to injure, deface or destroy public property or the private property of another by the making of any drawing, inscription, design, scribbling, motto, picture, pictograph, carving or other markings.

(b)

Property shall be maintained free of graffiti, tagging or similar markings by removal of the graffiti or by painting over the graffiti with exterior grade paint that matches the color of the exterior of the structure so as to completely obscure the graffiti. The owner, or his or her agent, shall have the continuing responsibility to restore any exterior surface on a building, premises, or structure that has been damaged by any graffiti to an approved state of maintenance and repair. A property owner shall have 72 hours, or such additional time as may be granted in the reasonable discretion of the building official, to remove or to cover the graffiti in an approved manner from the date that notice is given by the City that a parcel has graffiti.

(Ord. No. 936, § 1, 3-17-2014)

(a)

An unoccupied or vacant building, structure or part thereof shall be kept secured by the owner against unauthorized entry and water damage. Boarding shall be done in a manner and with materials as specified in this section.

(b)

All windows, doors or other openings in a vacant or unoccupied structure which can be reached from the ground or from an appurtenance or adjacent structure shall be in good repair and locked or otherwise fastened from the inside or shall be secured in the manner as set forth in this Code. All openings or structural elements in poor repair which allow the interior to be damaged by water shall be secured or otherwise made watertight.

(c)

Boarding shall be secured by use of exterior grade plywood of at least 3/8″ thickness, cut to the size of the opening and secured by use of Phillips headed 2½″ long screws, spaced to inhibit prying, on all first story or ground accessible points of entry or by use of 16d common nails which are permitted only on entry points being secured above the first story or where not accessible from the ground level. Boards may be placed over all points of entry. Open holes, overlapping and extensions beyond the frame which allow prying are not permitted. Boarding shall be painted white or a color similar to that of the boarded building.

(d)

A city order to board or secure a property shall be complied with in not more than 72 hours. If the securing has not been commenced, is incomplete, or does not comply with the requirements for boarding, the city shall secure the structure and the city shall bill the owner of record for all costs incurred, including service fees and administrative costs. The amount so billed shall constitute a personal debt of the owner and may be assessed as a lien against the cited property.

(e)

Except for structures that the building official determines may have to be demolished, window and doorway areas shall not be boarded for more than 45 days.

(Ord. No. 937, § 1, 4-7-2014)

(a)

A public transportation patron shelter or patron bench shall be a permitted use in all zone districts except in the R-1 and in the R-2 zone districts. Written permission from the property owner for the placement of a patron shelter or of a patron bench must be obtained prior to the installation of a shelter or bench.

(b)

The walls of a public patron shelter as permitted by this section shall be largely transparent and shall not be used for advertising except that advertisements may be placed on any public service announcement board of a shelter. In addition, transportation schedules and maps may be installed or placed on the shelter walls or on a sign adjacent to a patron bench.

(c)

The area enclosed by the walls of a public transportation patron shelter and the area underneath and around a patron bench shall be a paved surface. A paved sidewalk shall be provided between a public transportation patron shelter or patron bench and the curb. All public transportation patron shelters and benches shall be ADA compliant and shall be fully accessible.

(d)

The setbacks for a public transportation patron shelter or patron bench shall be not less than two feet from the outer edge of a sidewalk, and not less than five feet from the outer edge of any public street or private roadway.

(e)

Subject to the requirements of this section, the site plan and setbacks for a public transportation patron shelter and patron bench may be approved by the zoning administrator. Unless otherwise provided, a public hearing shall not be required for the review of a site plan for a public transportation patron shelter or patron bench.

(f)

In the event that the zoning administrator does not approve a site plan for a public transportation patron shelter or for a patron bench, or if the zoning administrator determines that a public hearing should be held, then the review of such a site plan shall be conducted by the planning commission after notice has been given of the site plan review in accordance with the requirements of the zoning ordinance.

(g)

The owner of the parcel on which the patron shelter or the patron bench is situated shall be responsible for the maintenance of such fixtures.

(Ord. No. 939, § 1, 5-5-2014)

(a)

A food stand is a temporary or portable structure, a push cart, a pull cart or a vehicle from which food is sold or given away to the general public, employees, invitees or passersby. Unless exempted, food stands are subject to all of the following rules and regulations:

(1)

A food stand operator must be licensed by the Ottawa County Health Department to sell food, unless such license is not required.

(2)

Sales from food stands shall only be permitted on private property, with permission from the property owner, in the following zone districts: C-1, C-2, C-3, OS-1, I-1, I-2, PF and WMU zone districts. Food stands shall not be permitted on public streets, in municipal parking lots or in city parks, unless otherwise permitted in subsection (b) below.

(3)

A food stand operator shall pick up all trash and litter which is on the ground and which originated from the food stand periodically during its sales day and at the end of the sales day. Food stand operators shall also take steps to prevent trash and litter from blowing away from the food stand site.

(4)

A food stand operator shall provide not less than one garbage container at its site. The food stand operator shall remove all trash from its garbage container and shall not utilize a municipal dumpster to empty its trash container(s) unless it has a written contract which permits such dumping.

(5)

A food stand vehicle shall not travel down residential streets to solicit curb-side food sales.

(6)

A food stand operator shall not utilize a public address system to advertise its food sales.

(7)

Prices for all food which is sold from a food stand shall be posted and shall be visible to customers.

(b)

The following food stands shall be exempt from the above regulations:

(1)

A lemonade stand in a residential zone district;

(2)

A food stand which is licensed or permitted to operate by the City of Zeeland during a municipal festival;

(3)

A food stand on an employer's premises which is being operated as part of a company picnic;

(4)

A food stand which is operated by a nonprofit organization on the real property on which it is located;

(5)

A food stand in a city park if the operator has rented the city park; and,

(6)

A motorized vehicle or wagon that only sells or gives away ice cream or frozen treats or desserts provided that it is not selling or giving away its product on Main Avenue between Elm Street and Church Street.

(Ord. No. 953, § 1, 9-21-2015)

(a)

Definitions. The definitions of words and terms used in this section shall be the definitions contained in the Michigan Medical Marihuana Act (Initiated Law 1 of 2008, MCL 333.26423, et seq.) and in the Medical Marihuana Facilities Licensing Act (Public Act 281 of 2016, MCL 333.27101) et seq.) To the extent of any inconsistency between the definitions which are provided in this section and in state law, the definitions under state law shall control. Defined terms under this section are as follows, unless otherwise provided in state law:

(1)

"Grower" means a licensee that is a commercial entity located in Michigan that cultivates, dries, trims, or cures and packages marihuana for sale to a processor or provisioning center.

(2)

"Marihuana facility" means a location at which a license holder is licensed to operate under the Michigan Medical Marihuana Facilities Licensing Act.

(3)

"Processor" means a licensee that is a commercial entity located in Michigan that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center.

(4)

"Provisioning center" means a licensee that is a commercial entity located in Michigan that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers. Provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the department's marihuana registration process in accordance with the Michigan Medical Marihuana Act is not a provisioning center for purposes of the Michigan Medical Marihuana Facilities Licensing Act.

(5)

"Safety compliance facility" means a licensee that is a commercial entity that receives marihuana from a marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility.

(6)

"Secure transporter" means a licensee that is a commercial entity located in Michigan that stores marihuana and transports marihuana between marihuana facilities for a fee.

(b)

No medical marihuana facilities. The City of Zeeland prohibits, within its borders, growers, marihuana facilities, processors, provisioning centers, safety compliance facilities, and secure transporters as those terms are defined in the Michigan Medical Marihuana Act (Initiated Law 1 of 2008) and Medical Marihuana Facilities Licensing Act (Public Act 281 of 2016).

(Ord. No. 968, § 1, 8-7-2017)