(A) Accessory buildings and structures.
(1) An accessory building or structure attached to a principal building shall be considered a part of the principal building and shall be subject to all height and setback requirements of the principal building; however, certain attached accessory structures may be permitted to encroach within required yard setbacks, according to § 5.61.
(2) Detached accessory buildings and structures are not permitted in the C-1 Commercial District, except for mechanical appurtenances such as air conditioning units and similar devices serving a principal building or use; provided, such devices may not be located within any front yard or any right-of-way and shall otherwise comply with the requirements of § 5.68.
(3) The permitted number and size of detached accessory buildings on any lot containing a single- or two-family dwelling shall be in accordance with the requirements specified in Table 5.70-1, based on whether a garage is attached to the principal dwelling and the number of vehicle stalls provided within such attached garage.
Table 5.70-1 Maximum Size and Number of Accessory Buildings | |||||
Lot Size (Sq. Ft.) | Number of Accessory Buildings Allowed | Maximum Total Size (Sq. Ft.) Allowed for All Accessory Buildings1 | |||
If No Attached Garage | If One Stall Attached | If Two Stalls Attached | If Three or More Stalls Attached | ||
Table 5.70-1 Maximum Size and Number of Accessory Buildings | |||||
Lot Size (Sq. Ft.) | Number of Accessory Buildings Allowed | Maximum Total Size (Sq. Ft.) Allowed for All Accessory Buildings1 | |||
If No Attached Garage | If One Stall Attached | If Two Stalls Attached | If Three or More Stalls Attached | ||
< 5,000 |
1 | 576 | 336 | 120 | 0 |
5,000 – 7,199 | 2 | 864 | 576 | 336 | 120 |
7,200 – 11,999 | 2 | 864 | 576 | 336 | 336 |
12,000 – 21,999 | 2 | 1,008 | 720 | 432 | 336 |
22,000 – 43,560 | 2 | 1,296 | 1,008 | 720 | 432 |
≥ 43,560 (1 acre) | 3 | 1,296 | |||
1. Regardless of the sizes specified, no more than 25% of the rear yard shall be occupied by accessory buildings.
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(4) Multiple-family dwellings may have a maximum of one detached garage or carport per unit; provided, detached garages or carports shall not be permitted for any dwelling unit that contains an attached garage. In any case, one detached storage building per development, not exceeding 200 square feet, may be provided.
(5) A detached accessory building less than 200 square feet in area shall not exceed a maximum of height of 12 feet. All other accessory buildings may be up to one and one-half stories or 16 feet in height, whichever is less; provided, the height of the accessory building shall not exceed the height of the principal building on the site.
(6) A detached accessory building shall be located at least ten feet from any principal building situated on the same lot and at least six feet from any other accessory building on the same lot.
(7) A detached accessory building shall be located at least three feet from both side and rear lot lines.
(8) Except as otherwise provided in this division (A), accessory buildings shall be erected only in the rear yard.
(a) A detached garage may be located in a rear or side yard not closer to the street than the principal building on the lot, or the principal building on the lot immediately abutting the location of the garage, whichever is greater.
(b) A detached building accessory to a swimming pool that is constructed in accordance with the provisions of Chapter 82 of the city code may be located in a side yard if it is adjoining the pool and is located at least 60 feet from any street right-of-way line.
(9) No portion of any accessory building may be used as a dwelling unit except as provided in division (E) below, and all accessory buildings may only be used in a manner which is appropriate, subordinate and incidental to that of the principal building or premises.
(10) On a lot with a residential use, a covered walkway may be constructed between a detached garage and the principal building, provided that the minimum separation and setback requirements in divisions (A)(6) and (A)(7) above are met. The covered walkway may not exceed five feet in width, shall consist of a roof supported by posts or columns and must remain perpetually unenclosed; however, a railing and/or kneewall, constructed no higher than 36 inches above the walkway surface, is permitted. The walkway surface may not be constructed more than six inches above grade, excluding any steps necessary to access the garage and/or the principal building. The covered walkway may not be used for living space, gathering space (i.e., a deck), or for
storage purposes. A garage attached to a principal building via a covered walkway meeting these requirements shall not be considered to be attached to the principal building and may meet the reduced setback allowed for accessory buildings.
(11) A carport shall not be used for storage of materials other than a vehicle, unless the items stored are completely enclosed in a closet or specially designed compartment.
(B) Home occupations. The city recognizes that working from home is a growing trend and that some residents may wish to operate a small part-time or low-impact business from their home in order to provide more flexible sources of income and allow residents to operate businesses with lower barriers to entry. At the same time, the city wishes to keep principal residential uses as the primary character of these districts and protect this character from adverse impacts generated by home occupation activities. The intent of these regulations is to provide guidelines for how home occupations may be operated while also ensuring the compatibility of home occupations within the existing residential districts. Home occupations are permitted if the activity meets all of the following criteria:
(1) The principal residence of the owner/operator of every home occupation shall be the dwelling unit on the premises in which the business operates. Employees of a home occupation shall be limited to the immediate family members living on premises plus one additional employee.
(2) Home occupation uses.
(a) The following uses shall be permitted as home occupations, subject to the regulations of this section.
1. Professional office services as defined in § 5.36.
2. Studios for artists, sculptors, musicians, photographers, and authors.
3. Craft making services such as sewing, apparel design and production, cabinetry, woodworkers, and jewelry making.
4. Instruction of a craft or fine art.
5. Tutoring and similar instructional services.
6. Therapists and counselors.
7. Personal fitness training.
8. Computer based-uses such as computer programming, data processing, website design, and IT services.
9. Food-based businesses that comply with the Michigan Cottage Food Law (PA 113 of 2010).
(b) The following uses shall be exempt from the regulations in this section but may be subject to other relevant parts of the zoning ordinance and city code.
1. Garage sales and estate sales.
2. Telecommuting involving only members of the owner/occupant's family residing on the premises.
3. Lemonade stands and similar food-based sales operated by a minor, as determined by the Director of Public Works or their designee.
4. Sales of goods or services related to a school or non-profit group fundraising activity as determined by the Director of Public Works or their designee.
(c) The following uses shall not be permitted as home occupations:
1. Bed and breakfasts.
2. Short-term rentals.
3. Retail sales, except for goods solely produced on premises or for products incidental to the business operation. Such products shall not be displayed or visible from public view or adjacent properties.
4. Medical, dental, or wellness clinics requiring a medical license.
5. Mechanical, maintenance, and repair work on motor vehicles and mechanical devices.
6. Storage of items not owned or rented by the property owner.
7. Any use or activity that involves hazardous materials or hazardous waste.
8. Any use that would not be permitted in the C-1 Commercial District.
(d) Since not every potential home occupation use can be accounted for, the Director of Public Works or their designee shall have the authority to approve a home occupation for a use not specifically provided for in this section. A person seeking such approval shall submit a description of the proposed use, including its location, its compliance with the performance standards in this section, its overall compatibility within the general neighborhood, and other relevant information as may be requested. If it is determined that the proposed home occupation meets the spirit and intent of this section, then the Director of Public Works or their designee shall issue written approval of the proposed use. Reasonable conditions regarding the operation of the proposed home occupation may be attached with such approval. If the approval is denied, the applicant may appeal the decision to the Zoning Board of Appeals.
(3) Home occupations may be located in a dwelling unit or an enclosed, permanent accessory building. However, in no case shall more than 25% of the gross floor area of the dwelling unit and associated accessory buildings on the lot be used for the home occupation. The use of the dwelling unit and associated accessory buildings for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants.
(4) Home occupations shall be conducted entirely within the dwelling unit or accessory building involved except for a passenger vehicle or light truck used for the business. Such vehicles may be parked outside provided they are owned by the property owner and are otherwise in compliance with all applicable parts of the city code.
(5) There shall be no change in the outside appearance of the buildings involved or other visible evidence of the conduct of such home occupation on the property. Outside operations or storage associated with the home occupation, including outside storage of vehicles related to the business, is prohibited except as provided for in this section.
(6) Mechanical, maintenance and repair work on motor vehicles and repair of small engines and mechanical devices is prohibited except for such work on items owned or leased by the occupant for his/her personal use.
(7) Parking and traffic.
(a) There shall be no traffic generated by a home occupation in greater volume or intensity than would normally be expected in a residential neighborhood.
(b) No more than five client visits per business day may be hosted by a home occupation. Visits lasting less than five minutes shall not count against this maximum. All visits shall be restricted to the hours between 8:00 a.m. and 6:00 p.m. from Monday-Friday, except that no visits shall be allowed on Thanksgiving, Christmas, and New Years Day. Home occupations involving instruction of a craft or fine art shall be exempt from this requirement.
(c) On-street parking may be used for the operation of the home occupation. However, no more than two non-resident vehicles attributable to a home occupation may be parked on-site or on-street at the same time.
(d) No off-street parking area, including a residential driveway, may be created or expanded solely for the purpose of a home occupation.
(e) All deliveries of bulk material or supplies to any home occupation shall be limited to the hours of 8:00 a.m. and 6:00 p.m. from Monday-Friday. No vehicle with three or more axles shall be allowed for such deliveries.
(8) There shall be no equipment or process used in a home occupation that creates noise, vibration, glare, fumes, or odors detectable to the normal senses, or which creates visual or audible interference that disturbs radio, television or other telecommunications receivers off the premises. In addition, the home occupation must also comply with the provisions of Chapters 91 and 97 of the city code dealing with noise.
(9) There shall be no business sign or other outdoor displays related to the home occupation.
(C) Accessory outdoor customer service, outdoor dining and outdoor sales and display (including temporary sales).
(1) All business and service activities or uses shall be conducted entirely within a completely enclosed building, except the following uses may occur outdoors:
(a) Limited outdoor customer service activities such as delivery of products to customers’ vehicles, grocery cart use, escorting of customers and home delivery;
(b) Outdoor table, bench and waiter/waitress services for restaurants, provided that adequate accessible maneuvering space on the public sidewalk is provided;
(c) Outdoor displays of products, provided that adequate accessible maneuvering space is maintained on the sidewalk, and any products are removed and taken indoors at the end of each business day; and
(d) Temporary outdoor or sidewalk sales, provided that such sales are of a limited duration and that adequate accessible maneuvering space is maintained on the sidewalk.
(2) Prior to establishment of an outdoor use or activity upon city-owned property or the public right-of-way, the owner or applicant shall annually submit a site plan for review and approval and issuance of a permit by the City Manager or his or her designee. The city may require that uses located upon the public right-of-way provide proof of insurance in an amount approved by the city, and that the city be named as an additional named insured on the proprietor’s liability insurance policy.
(D) Outdoor storage.
(1) Outdoor storage shall only be permitted as a special use, accessory to principal uses in the C-1 District.
(2) The outdoor storage area shall be screened from view of adjoining properties, in accordance with the following specifications:
(a) A solid, sight-obscuring fence or wall shall surround the storage area;
(b) The fence or wall shall not contain any openings other than a gate of access, which shall be closed at all times when not in use; and
(c) The fence or wall shall be constructed of masonry, treated wood or other material approved as part of the special use approval; provided, the material is determined to be durable, weather resistant, rust proof and easily maintained. Chain link and barbed wire fences shall not be permitted.
(3) If approved as part of the special use approval, the required screening may be comprised of suitable plant material, upon a determination that the alternate materials will provide the same degree or better of opacity, screening and compatibility with adjoining properties as a fence or wall.
(E) Accessory dwelling units. The city recognizes that accessory dwelling units (ADUs) are an increasingly popular type of housing development, particularly for aging adults, young adults, and other people for whom traditional housing options may not be best suited for their needs. The city further recognizes that allowing the development of ADUs is useful and desirable to provide additional and more varied housing choices for all demographics. Doing so would help meet the goals of the city master plan to include a focus on additional diverse housing opportunities for new families, aging in place, and young professionals. The intent of these regulations is to provide standards for how ADUs may be developed while also ensuring their compatibility within the existing residential districts.
(1) No more than one ADU shall be developed on a lot.
(2) No more than one family as defined in this chapter shall occupy an ADU.
(3) An ADU shall only be permitted on a lot where a single-family home has already been developed or in conjunction with the development of a single-family home.
(4) A nonconforming building shall not be expanded or altered to accommodate an ADU unless the existing foundation and setbacks of the building are unchanged.
(5) A deed or title restriction that is enforceable by the city shall be recorded with the Kent County Register of Deeds prior to the issuance of a building permit. All proposed deed or title restrictions shall be reviewed by the City Attorney before such recording. The deed or title restriction shall include language stating the following:
(a) The ADU shall remain in the same ownership as the primary dwelling and shall not be bought, sold, or conveyed separately from the primary dwelling.
(b) The property owner shall occupy one of the dwelling units on the parcel.
(c) The ADU shall not be used as a short-term rental, bed and breakfast, or for any other use not allowed by the zoning ordinance.
(d) The city reserves the right to revoke any ADU approval if it is found to violate the provisions of this chapter. If necessary, the city shall further have the right to require the removal of the ADU from the property, including but not limited to the removal of any facilities that would qualify it to be used as a legal dwelling unit.
(6) General development standards.
(a) The minimum size of all ADUs shall be 300 square feet.
(b) The maximum size of all ADUs shall be 864 square feet or 50% of the foundation area of the primary dwelling on the same lot, whichever is less. However, in no case shall more than 25% of the rear yard be occupied by accessory buildings, including ADUs.
(c) Detached and garage ADUs shall be located in the rear yard only and shall count toward the maximum number of allowable accessory buildings as set forth in Table 5.70-1 of this zoning ordinance.
(d) The maximum height for a garage ADU located above a detached garage shall be 25 feet and two stories. The maximum height for all other garage and detached ADUs shall be 14 feet and one story. However, in no case shall the height of an ADU be greater than that of the principal dwelling unit.
(e) The minimum overall lot area for developing detached and garage ADUs shall be as follows:
1. R-1 District: 12,000 square feet.
2. R-2 District: 7,200 square feet.
3. R-3 and MFR Districts: 5,000 square feet.
(f) Setbacks for detached and garage ADUs shall be as follows:
1. Front yard: not permitted.
2. Side and rear yard: equal to the minimum required side yard setback for the underlying zoning district.
3. Street side yard: equal to the minimum required street side yard for the underlying zoning district, but in no case closer to the street than the principal building.
4. Principal building: ten feet.
5. All other accessory buildings on the lot: six feet.
(g) In addition to the required off-street parking for the primary residence, one additional off-street parking space shall be provided for all ADUs.
(7) General design standards.
(a) For ADUs located above the main floor of an accessory building, no windows taller than 12 feet in height shall be located on the wall of an ADU that faces the rear lot line or nearest side lot line. To promote privacy, the sill height of all such windows shall be a minimum of six feet above the floor level. Walls that are at least 25 feet away from the rear or nearest side lot line are exempt from this requirement.
(b) Detached ADUs on the ground floor shall be screened by privacy fencing or min. six feet height landscaping sufficient to provide a visual buffer.
(c) For sound abatement purposes, detached and garage ADUs shall incorporate sound-insulating materials as specified in the Michigan Residential Code and Michigan Building Code as relevant.
(d) Outside access to an attached or interior ADU shall not be visible from any abutting street.
(e) The following design elements shall be prohibited except for those existing at the time of the passage of this division:
1. Exterior stairs used to access an ADU that is not on the main level of the building.
2. Balconies and decks located above the floor level of the main floor.
(f) Where an existing building is enlarged to house an ADU, the addition shall be architecturally complimentary with the existing building, including, but not limited to, siding, roofing materials, windows, and building trim materials.
(Ord. effective 11-29-2013; Ord. effective 10-2-2015; Ord. effective 3-30-2023; Ord. effective 2-19-2024)