(A) Zoning permit required; conformance to zoning. In accordance with other city codes, ordinances and regulations duly adopted by the City Council, and in accordance with this chapter, no building or structure shall hereafter be erected, relocated or altered in its exterior dimension or use, and no excavation for any building shall be begun until a zoning and building permit has been issued. With respect to this Zoning Code, eligibility for a zoning permit shall be established upon conformance with the provisions contained in this chapter. This shall apply to all new construction, as well as to additions and improvements to existing structures. (See §§ 154.171 through 154.173 for application and procedures.)
(1) A zoning permit is required for detached accessory buildings or structures.
(2) Zoning permits will not be necessary for normal repairs to existing structures, or for minor improvements such as painting, new roofs and similar minor repairs and improvements or for minor landscaping.
(C) Structures.
(1) Restoring unsafe buildings. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the Building Inspector or the County Health Inspector and after approval by the Zoning Administrator.
(2) Minimum floor area for dwelling units. Each new dwelling shall have a minimum gross floor area in accordance with the following standards:
(a) Single-family detached. Each new dwelling unit shall have a minimum finished gross floor area of 600 square feet of floor area;
(b) Single-family attached, including two-family and townhouses. Each new dwelling unit shall have a minimum finished gross floor area of 900 square feet with a minimum of 600 square feet on the ground floor for units of more than one story; and
(c) Multiple-family dwellings.
Gross Floor Area/Unit in Square Feet
| |
Efficiency | 375 square feet |
One bedroom | 600 square feet |
Two bedrooms | 780 square feet |
Three bedrooms | 940 square feet |
In excess of 3 bedrooms | 940 plus 80 square feet for each additional bedroom |
(3) Sewage disposal facilities required. Each dwelling unit and principal structure shall be equipped with adequate water-carried sewage disposal facilities to comply with the city sanitary code in effect at the time of the erection or modification of the dwelling unit or principal structure.
(4) Structure to have access. Every principal structure hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking. Every easement for a private drive, street or road shall be a minimum of 15 feet wide.
(5) Principal building. Only one principal building and permitted accessory uses may be erected on any lot of record, except as may be permitted for planned unit development projects, special land uses or condominium developments
(D) Height limit. In the case of a principal building, the vertical distance measured from the average grade to the highest point of flat roofs, to the deck line of mansard roofs, and the average height between eaves and the ridge of gable, hip and gambrel roofs, shall not exceed 28 feet unless otherwise specified in this chapter. In no case shall the overall peak building height be greater than 32 feet when measured from the natural average grade.
(E) Height limit exceptions. The following may be exempted from height limit requirements, provided that no portion of the excepted structure may be used for human occupancy:
(1) Those purely ornamental in purpose such as belfries, cupolas, domes and ornamental towers/monuments, provided they do not exceed 40 feet in height above the average grade of the lot or parcel on which the feature will be located;
(2) Those necessary appurtenances to mechanical or structural functions, such as radio towers, masts and aerials, television antennas, wire transmission structures or other structures where the manufacturing process requires a greater height but do not exceed 100 feet in height;
(3) Public utility structures, but not including communication towers, except upon receipt of a special use permit;
(4) Wind power electrical generating towers shall not exceed 70 feet in height and the distance from the base of the tower to any lot line shall be ten feet more than the height of the tower; and
(5) Church spires and flag poles shall not exceed 50 feet in height.
(F) Lots.
(1) New lots to be buildable. All newly created lots shall have the net buildable area appropriate to the zone district in which it is located and appropriate access to a public or approved private road.
(2) Minimum lot size regulations to be met. No new lot shall be created which does not meet the minimum lot size regulations of this chapter.
(3) Corner lots. On a corner lot, each lot line which abuts a street shall be deemed to be a front lot line, and the required yard along both lot frontages shall be required front yard. The owner shall elect, and so designate in his or her application for the zoning permit, which of the remaining two required yards shall be the required side yard and which the required rear yard.
(4) Waterfront lots. Notwithstanding any other provisions of this chapter, all structures on a waterfront lot shall have a setback of 25 feet from the waterfront. The lot line which abuts the street shall be deemed to be the front lot line, and the two remaining yards shall both be required side yards.
(5) Flag lots. Where there is no other way to gain access to undeveloped land due to limited street frontage, new flag lots may be permitted to be used, provided that the flag lot has at least 20 feet of frontage on a public street, that this right-of-way serves only one lot, and that there is at least a distance equivalent to the lot width of a conforming lot between flag lots. The minimum front, side and rear yard requirements of the district in which a flag lot is located must be met on the portion of the lot excluding the right-of-way. (See Appendix, Figure 7).
(6) Lot division.
(a) No lot or lots in common ownership, and no yard, court, parking area or other space, shall be divided, altered or reduced to make such area or dimension less than the minimum required by the zone district in which it is located. No lot line adjustments shall be made which create or increase non-conformity with the minimum area or dimensions of the zone district in which it is located.
(b) After a land division is approved by the city, a document accomplishing the division must be filed by the property owner or the property owner’s agent with the Allegan County Register of Deeds Office within 90 days of the approval, or the approval will lapse. (See Saugatuck City Code § 153.01; land division ordinance for division of non-platted lots).
(7) More than one nonconforming lot may be considered only one lot. If more than one lot of record is held in common ownership and the lots are contiguous, undeveloped and substandard in size relative to the required minimum lot size in the zoning district, they shall for the purpose of this chapter, be held as one lot or as many lots as shall leave no lot substandard.
(G) Permitted yard encroachments. Whenever otherwise lawfully permitted the following may be permitted to encroach upon the minimum yard area and setback requirements of this chapter:
(1) Eaves, cornices or pilasters a maximum of two feet;
(2) Approved fences and signs;
(3) Flower boxes, a maximum of one foot;
(4) Sidewalks, driveways, parking lots;
(5) Utility meters or service points;
(6) Detached stairways on slopes with landings, provided the landing(s) do(es) not exceed the minimum requirement of the building code by more the 10%;
(7) Rails, cables, stairways, and motorized lifts on steep slopes, extending from ground floor doorways or detached from a structure;
(8) Front steps less than 36 inches high and wheel chair ramps;
(9) Decks not more than 30 inches above the surrounding finished grade at any point are permitted to encroach on required side and rear yards, provided they are not closer than seven feet to any side or rear property line;
(10) Patios not higher than 12 inches above the surrounding finished grade at any point are permitted to encroach on required side and rear yard setbacks provided they are no closer than 3 feet to any side or rear property line provided there still remains adequate access in the event of an emergency;
(11) Patios between 12 inches and 30 inches above the surrounding finished grade at any point my encroach on required side and rear yards, provided that they or not closer than seven feet to an side or rear property line provided there still remains adequate access in the event of an emergency;
(12) Hot tubs, spas, and in ground swimming pools along with their associated or contiguous patios and decks, may encroach into ½ of the required side or rear yard setbacks, but in no case shall be closer than seven feet to any property line. No such structures shall be permitted in the front yard. Waterfront pool enclosure fencing as required by the State Construction Code shall conform with § 154.143(F)(6);
(13) Driveways and landscaping;
(14) Arbors, trellises, yard ornaments, statuary, flagpoles;
(15) Plantings, shrubs, landscaping and indigenous vegetation;
(16) Sandboxes, swings, picnic tables, barbecues and similar accessory recreational equipment;
(17) Pad-mounted air-conditioning, heating or ventilating equipment, located in side or rear yards provided that they are no closer than two feet from any side or rear yard lot line;
(18) Uses not specifically itemized, but which are similar in nature to any of the foregoing uses.
(H) Accessory buildings and structures. All new accessory buildings and structures shall conform with all of the following requirements.
(1) Accessory buildings shall not be erected within ten feet of any other building.
(2) Maximum area, maximum lot coverage and minimum setback standards for accessory buildings and structures are as listed below.
(a) Maximum area shall not exceed the ground floor area of the main building.
(b) Maximum lot coverage shall not exceed the lot coverage requirements as shown in district regulations.
(c) Minimum setback shall meet the schedule of regulations for the district.
(3) Accessory buildings and structures shall not be erected on a lot or parcel prior to the establishment of a principal structure. Where two or more abutting lots are held under one ownership, the owner may erect an accessory building on a lot separate from that on which the principal building is located.
(4) Accessory buildings and structures shall not occupy any portion of the required setback area.
(5) Accessory buildings and structures that are portable in nature shall comply with the regulations herein, including the minimum setback requirements for principal buildings specified in the dimension and area regulations for the zoning district in which they are located. This shall include, but not be limited to, buildings and structures constructed on skids and/or frames, and those without attachment to a foundation. All accessory buildings shall be required to obtain a zoning permit prior to installation.
(6) Accessory buildings and structures that do not fall into any of the categories specified herein shall meet the minimum setback requirements for principal buildings specified in the dimension and area regulations for the zoning district in which they are located.
(7) Habitation of accessory structures. No accessory building or structure, including, without limitation, a garage or cellar, whether fixed or portable, may be used or occupied as a dwelling unless permitted in accordance with the provisions of divisions (M) or (W).
(I) Parking.
(1) Off-street parking. All buildings located in the city shall provide off-street parking adequate for the use intended, as specified in § 154.135.
(2) Parking, storage or use of major recreational or commercial equipment. No major recreational or commercial equipment shall be parked or stored in any required front yard, provided, however, that the equipment may be parked for not more than 24 hours during loading or unloading. No such equipment shall be used for permanent living or housekeeping purposes when parked or stored in any location not approved for such use.
(J) Regulations applicable to single-family dwellings located outside of manufactured home parks. Any single-family dwelling, whether constructed and erected on a lot or a manufactured home, shall be permitted outside a manufactured home park only if it complies with all of the following requirements:
(1) If the dwelling unit is a manufactured home, the manufactured home must either be new and certified by the manufacturer and/or appropriate inspection agency as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as amended, or any similar successor or replacement standards which may be promulgated, or used and certified by the manufacturer and/or appropriate inspection agency as meeting the standards referenced above, and found, on inspection by the Building Inspector or his or her designee, to be in excellent condition and safe and fit for residential use;
(2) The dwelling unit shall comply with all applicable building, electrical, plumbing, fire, energy and other similar codes which are or may be adopted by the city, provided, however, that where a dwelling unit is required by low to comply with any federal or state standards or regulations for construction, and where such standards or regulations for construction are different than those imposed by city codes, then and in such event the more restrictive standard or regulation shall apply. Appropriate evidence of compliance with such standards or regulations shall be provided to the City Building Inspector;
(3) The dwelling unit and the lot on which the unit is placed shall comply with all restrictions and requirements of this chapter including, without limitation, the minimum lot area, minimum lot width, minimum residential floor area, required yards and maximum building height requirements of the underlying zone district;
(4) If the dwelling unit is a manufactured home, the manufactured home shall be installed with the wheels removed;
(5) The dwelling unit shall be firmly attached to a permanent continuous foundation constructed on the building site, such foundation to have a wall of the same perimeter dimensions as the dwelling unit and to be constructed of such materials and type as required by the Building Code for on-site constructed single-family dwellings. If the dwelling unit is a manufactured home, its foundation shall fully enclose the chassis, undercarriage and towing mechanism;
(6) If the dwelling unit is a manufactured home, it shall be installed pursuant to the manufacturers set-up instructions and shall be secured to the building site by an anchoring system or device complying with the rules and regulations, as amended, of the Michigan Mobile Home Commission, or any similar or successor agency having regulatory responsibility for manufactured home parks;
(7) Permanently attached steps or porch areas at least three feet in width shall be provided where there is an elevation difference greater than eight inches between the first floor entry of the dwelling unit and the adjacent grade; and
(8) No basement, cellar, garage or damaged or incomplete structure shall be used as a dwelling.
(K) Home business; purpose. Home businesses are allowed in residential areas of the city as a means for a person or persons to work out of their home with a slightly higher level of intensity than a home occupation but still resulting in a minimal impact on the adjacent properties and the neighborhood and a moderate amount of activity on the premises. A home business may be permitted subject to all of the following.
(1) Unless otherwise provided for the by zone district, home businesses shall be subject to site plan review and approval by the Planning Commission. The adjacent property owners within 300 feet shall be notified of the home business request. The notice shall indicate the nature of the request, the time, date and place at which the request will be considered by the Planning Commission; and, shall indicate the opportunity and process for public comment on the application.
(2) Not more than two persons, plus members of the immediate family residing on the premises, shall use, be located or stationed at the home for business purposes.
(3) The home business shall be operated entirely within the main building, permitted garage (attached or detached), or permitted accessory building.
(4) The use of the dwelling for the home business shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall not use on area exceeding more than 50% of the main floor area of the dwelling unit. Not more than 75% of the garage or permitted accessory structure may be used in the conduct of the home business. Pursuant to use of the garage or permitted accessory structure, the home business shall not result in the displacement and outside placement of equipment and materials (e.g. lawn mower, snow blower, garden equipment, recreation equipment and the like) normally stored in the garage or accessory structure as associated with the residential nature of the premises.
(5) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the home business, other than one sign, not exceeding two square feet in area, non-illuminated, and mounted on the wall of the main building facing the street which shall comply with all provisions of the sign requirements. No over-the-counter retail sales or other sales of merchandise or products shall be conducted upon the premises except for incidental products related to the home business or those goods actually produced on the premises.
(6) The home business shall not generate more than eight client trips per day to the home during the hours of 8:00 a.m. to 8:00 p.m. Clients shall not be received during other hours unless approved by the Planning Commission. Any need for parking generated by the conduct of the home business shall be provided off street.
(7) No equipment or process shall be used in such home business which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal human senses at or beyond the property line of the site at which the home business is conducted. Pursuant to electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or cause fluctuation in line voltage off the premises.
(8) The home business shall not require any type of special construction beyond that customarily associated with a single-family dwelling.
(9) The home business shall not involve the storage or use of any significant amount of materials for which there is a high risk of flammability or explosion. For purposes of this section, SIGNIFICANT AMOUNT shall be defined as any amount and/or use and/or type of material that would be classified by the City Building Code as requiring any form of special construction beyond that customarily associated with single-family dwellings.
(10) In reviewing and approving a home business, the Planning Commission shall determine that:
(a) The request for a home business is consistent with the residential character of the neighborhood; and
(b) The proposed home business will have a minimal impact on the adjacent properties and on the neighborhood.
(11) The Planning Commission may require conditions which are considered necessary to ensure the residential integrity of the premises and the neighborhood.
(12) Approved home businesses are subject to the provisions of city code Chapter 110.
(L) Home occupation. Home occupations are allowed in residential areas of the city as a means for a person or persons to work at home with minimal visibility and impact on the adjacent properties and the neighborhood and a minimal amount of activity on the premises. The home occupation shall comply with all of the following regulations:
(1) Home occupations shall be approved by the Zoning Administrator who upon receipt of a completed application has determined that the proposed home occupation meets the provisions of the Ordinance;
(2) Only those members of the immediate family residing on the premises, plus not more than one non-resident, shall be engaged in the home occupation;
(3) The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and shall not use on area exceeding more than 50% of the main floor area of the dwelling unit;
(4) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the home occupation; signs advertising the home occupation are not allowed;
(5) The home occupation shall be operated entirely within the main building, permitted garage (attached or detached), or permitted accessory building;
(6) No over the counter retail sales or other sales of merchandise or products shall be conducted upon the premises except for incidental products related to the home occupation or those goods actually produced on the premises. Sales may be made if goods and services are not transferred on the premises;
(7) Home occupations shall not generate more than eight client trips per week to the home during the hours of 8:00 a.m. to 8:00 p.m. Clients shall not be received during other hours. Any need for parking generated by the conduct of the home occupation shall be met off the street;
(8) No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal human senses at or beyond the property line of the site at which the home occupation is conducted. Pursuant to electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or cause fluctuation in line voltage off the premises;
(9) The home occupation shall not require any type of special construction beyond that customarily associated with a single-family dwelling;
(10) The home occupation shall not involve the storage or use of any significant amount of materials for which there is a high risk of flammability or explosion. For purposes of this section, significant amount shall be defined as any amount and/or use and/or type of material that would be classified by the City Building Code as requiring any form of special construction beyond that customarily associated with single-family dwellings;
(11) Pursuant to the use of a garage or accessory structure, the home occupation shall not result in the displacement and outside placement of equipment and materials (e.g. lawn mower, snow blower, garden equipment, recreation equipment and the like) normally stored in the garage or accessory structure as associated with the residential nature of the premises;
(12) Instruction in a craft or fine art shall be considered a home occupation, provided, however, all requirements of this section shall be complied with; and
(13) Approved home occupations are not subject to the provisions of Chapter 110.
(M) Temporary buildings, structures and uses.
(1) Generally. Temporary buildings, structures and uses are permitted in all districts unless otherwise provided. Temporary buildings and structures not greater than 300 square feet in area may be placed on a lot or parcel of record and used only under the following conditions and as authorized by a temporary zoning permit issued by the Zoning Administrator.
(a) Fire damage. During renovation of a permanent building damaged by fire. The temporary building or structure must be removed when repair of fire damage is complete, but in no case shall it be located on the lot or parcel for more than 180 days.
(b) Construction. Temporary buildings and structures not used for dwelling purposes, incidental to construction work shall be removed within 15 days after construction is complete, but in no case shall the building or structure be allowed more than 12 months, unless expressly authorized after petition to the Zoning Board of Appeals.
(c) Churches and schools. Temporary buildings and structures incidental to a church or school, provided that all wiring, plumbing, fire protection and exits are approved by the Fire Chief, Building Inspector, and by relevant state agencies..
(d) Christmas tree sales. The display and sale of Christmas trees in the City Center Commercial (C-1), or at a school, church, campground or nursery is permitted by a temporary zoning permit, provided it is incidental and accessory to the principal use. The temporary zoning permit for the display and sale on an open lot shall be valid for a period not to exceed 45 days, and any temporary building or structure shall be removed by December 31. All unsold trees must be removed from the property by December 31 of each calendar year.
(e) Auctions. The public auction of property shall be permitted for not more than five days and no sales activity shall occur within 30 feet of any street or road right-of-way.
(f) Recreational trailers. Recreational trailers, pick-up campers or coaches designed to be mounted on automotive vehicles, self-propelled dwellings, tent trailers and the like may be permitted to be occupied for dwelling purposes in a residential zone district for up to three consecutive days, three times a year on a property which is owner occupied. For purposes of this section OWNER OCCUPIED PROPERTY means that there is located on the same property a single family home that is not used as a short term rental for any part of a year.
(2) Performance guarantee. The Zoning Administrator may require a performance guarantee in the form of cash, check, savings certificate or performance bond which will be deposited with the City Clerk in an amount equal to the estimated cost of removing any temporary structure authorized under this section should the temporary structure not be removed by an applicant at the end of an authorized period. The applicant shall similarly sign an affidavit holding the city harmless against any claim for damages if the city were to subsequently use the performance guarantee to remove the temporary structure after its authorized period had expired. The performance guarantee shall be returned when all the terms and conditions of the temporary zoning permit have been met and the temporary use or structure has been removed.
(3) Applications. A written temporary zoning permit application for all temporary buildings, structures, and uses shall contain the following information:
(a) The applicant’s name;
(b) The location and effective dates of the temporary use;
(c) Conditions specified by which the permit is issued, such as:
1. Use and placement of signs;
2. Provision of security and safety measures;
3. Control of nuisance factors; and
4. Submission of performance guarantee;
(4) Permits. A temporary zoning permit may be approved, modified, conditioned, or denied by the Zoning Administrator consistent with the standards set forth in this section. The Zoning Administrator may refer the application to the Planning Commission where reasonably warranted.
(5) Conditions of approval.
(a) The nature and intensity of the temporary use and the size and placement of any temporary structure shall be planned so that the temporary building, structure, or use will be compatible with existing development.
(b) The building, structure, or use shall not be typically located within a permanent building or structure.
(c) The parcel shall be of sufficient size to adequately accommodate the temporary building, structure, or use.
(d) The location of the temporary building, structure, or use shall be such that adverse effects on surrounding properties will be minimal, particularly regarding the traffic generated by the temporary building, structure, or use.
(e) Off-street parking areas are of adequate size for the particular temporary building, structure, or use and properly located, and the entrance and exit drives are laid out so as to prevent traffic hazards and nuisances.
(f) Signs shall conform to the provisions of this chapter and any other city ordinance regulating signs.
(g) Any lighting shall be directed and controlled so as to not create a nuisance to neighboring property owners.
(h) The Zoning Administrator may impose conditions with the issuance of the permit which are designed to insure compliance with the requirements of this chapter. The Zoning Administrator may revoke a permit for nonconformance with the requirements of this section and a permit issued thereunder.
(i) Permits which are renewable shall have an application filed for renewal at least 15 days prior to the expiration date of the current permit, except that applications for renewal or extension of a permit for less than 15 days may be applied for no later than three days prior to the expiration date of the current permit.
(6) Revocation. Upon expiration or revocation of a temporary zoning permit for a temporary use, the temporary building, structure, or use shall cease and all temporary structures, dwellings or buildings shall be removed from the parcel of land. A temporary zoning permit may be revoked or modified by the Zoning Administrator if any one of the following findings are documented by the Zoning Administrator:
(a) That material circumstances have changed;
(b) That the temporary zoning permit was obtained by misrepresentation or fraud;
(c) That one or more of the conditions of the temporary zoning permit have not been met; or
(d) That the use is in violation of any statute, ordinance, law or regulation.
(7) Appeal. An appeal of a decision by the Zoning Administrator relative to denial or revocation of a temporary zoning permit for a temporary building, structure, or use or renewal thereof may be taken to the Zoning Board of Appeals.
(N) Surfacing of parking lots and pedestrian walks. All areas provided for use by commercial or industrial vehicles and all pedestrian walks shall be surfaced with bituminous asphalt, concrete or similar materials as approved by the city and properly drained. See § 154.130.
(O) Refuse containers. Refuse containers shall be screened. Screening shall consist of vegetation or solid fencing. Containers (including the container site and container lids) shall be properly secured and maintained to prevent unauthorized use, to avoid odors, and to prevent infestation by rodents and vermin. Refuse container screening shall be designed and constructed consistent with the character of surrounding development. See § 154.142 and Chapter 152.
(P) Ingress and egress. In all districts, provisions shall be made for safe and efficient ingress and egress to the public streets and highways serving the property without creating undue congestion or interference with normal traffic flow. Pursuant to the above requirement, the city may require an applicant to provide a traffic impact analysis demonstrating compliance with the above standard if the city determines that a proposed project has a reasonable potential of resulting in congestion and/or on unsafe traffic situation. The traffic impact analysis shall be performed by a qualified Traffic Engineer.
(Q) Infrastructure design and construction. The design and construction of all streets, sidewalks, water systems, sanitary systems, storm sewer systems, surface water retention and detention systems, fire protection/suppression systems, and other such infrastructure shall meet or exceed city standards.
(R) Bed and breakfast establishments. Bed and Breakfast Establishments (B&B), as defined by this chapter, are permitted as special land uses in certain districts. In addition to compliance with the special land use standards and provisions, all B&Bs shall meet the following criteria.
(1) Rooms utilized for guest sleeping shall not exceed two occupants per room not including children under the age of 12. Each room for guest sleeping shall contain at least 100 net square feet of room size.
(2) The B&B facility and operation shall meet all applicable building, health and related safety codes. All sleeping rooms shall contain a separate smoke detector in proper working order. Each floor of the dwelling shall contain a fire extinguisher in proper working order in conformance with all applicable fire codes.
(3) The guest room charge shall include the preparation and serving of breakfast to overnight guest. No additional breakfast fee shall be charged.
(4) No separate or individual cooking facilities shall be provided for the use of guests, including existing cooking facilities.
(5) The B&B operation may include a wall sign, attached flat against the front face of the dwelling, not to exceed two square feet in area. The sign shall be non-illuminated and designed and constructed consistent with the architectural and aesthetic character of the dwelling to which the sign shall be affixed. In lieu of a wall sign, the Planning Commission may permit a free-standing sign, not to exceed four square feet. (See § 154.141 and Chapter 152).
(6) No guest shall reside on the premises for more that 14 consecutive days, and not more than 30 days in any one year.
(7) Off-street parking shall be provided as required by the parking regulations of this chapter. See § 154.130.
(8) The use of outdoor yard areas, open decks, pools and the like shall not result in the production of excessive off-site noise, odor and other external disturbances. Said determination to be based on the judgement of the Zoning Administrator. Approval of the B&B operation may be conditioned upon the installation of screening, fencing, plantings and/or other such installations and conditions to help ensure compatibility of the B&B operation with the surrounding area.
(9) An existing residential structure may be converted to a bed and breakfast and exterior additions to an existing residential structure for the purpose of providing additional rental rooms shall only be allowed if all of the following conditions are met:
(a) The parcel of property must meet all of the provisions of this chapter for the particular zone in which the proposed bed and breakfast is located; and
(b) All of the special land use permit requirements of this subchapter shall be met.
(S) Reserved.
(T) Reserved.
(U) Reserved.
(V) Short-term rental unit.
(1) The owner of the dwelling unit which is to be rented for any period of less than 30 days, shall obtain a short term rental certificate from the city before the dwelling is rented or used;
(2) The property owner or applicant shall include the following information on the certificate application:
(a) Address of the subject parcel containing the dwelling unit to be rented;
(b) Name and contact information, including e-mail, of the owner of the dwelling unit;
(c) Name and contact information, including e-mail, of the required local representative or the rental agency, within 45 miles of the City of Saugatuck;
(d) Proposed maximum occupancy of the dwelling unit;
(e) Owner’s signature stating that the dwelling unit will be operated in conformance with all applicable ordinance requirements; and
(f) The property owner shall notify the city of any changes to the approved application within 30 days of the date of the change, including change of mailing address, contract information, or rental agency.
(3) The short-term rental unit shall meet all applicable building, health, fire, and related safety codes at all times and shall be inspected by the Saugatuck Township Fire District within 30 days of the submittal of the application. Violations found by the Saugatuck Township Fire District shall be corrected within 15 days of notification from the Fire Inspector. No certificate shall be issued until after the fire inspection has been completed and approved. The property owner or rental agency shall submit a completed safety checklist, designed by the Saugatuck Township Fire District, to the city for the second and third year of each certificate cycle for the certificate to remain in good standing.
(4) Signs shall be subject to the applicable provisions of § 154.141 of this chapter;
(5) The use of outdoor yard areas, open decks, pools and the like shall not result in the production of excessive off-site noise, odor, other external disturbances or other nuisances as regulated within the City Code of Ordinances;
(6) In no event shall the owner of the short-term rental unit or their agent rent solely an individual room in the short-term rental unit to a person, family, or other group of persons, nor shall the renter of the dwelling so sublet any room. All dwelling units rented for short term use shall be fully rented under a single contract;
(7) The use of tents, campers, or similar temporary sleeping facilities shall be prohibited;
(8) A short term rental certificate shall be valid for three seasons (January 1 through December 31) unless there is a change of ownership for the subject parcel;
(9) Occupancy of each dwelling unit shall be limited based on the calculations in the BOCA National Property Maintenance Code as approved in § 150.03; and
(10) All short term rentals shall have a local representative who resides within 45 miles of the outer boundaries of the city. This contact shall have access to the property at all times and shall have working knowledge of the house.
(W) Accessory dwelling unit. An accessory dwelling unit, as defined in § 154.005 of this chapter shall meet the following criteria:
(1) Occupancy shall be limited to invited guests;
(2) Rental of an accessory dwelling, separate from a detached single-family dwelling, shall be prohibited without receiving special land use approval from the Planning Commission as authorized in § 154.092(J);
(3) An accessory dwelling unit shall have a minimum of 375 square feet of gross floor area and shall not exceed the lesser of 30% of the gross floor area contained within the detached single-family dwelling unit or 600 square feet of gross floor area; except, in the CRC zone district when the parcel on which the accessory dwelling unit is located is two or more acres in area, the floor area of an accessory dwelling unit shall not exceed the lesser of 30% of the gross floor area of the principal residence or 1,500 square feet. For purposes of this section, the floor area of an accessory dwelling unit is the total finished floor area intended for living, sleeping, bathing, eating and cooking.
(4) An accessory dwelling, which is not located within the detached single-family residential dwelling, shall not be located between the front door of the detached single-family dwelling and the public right-of-way, unless located above an existing detached accessory structure;
(5) An accessory dwelling shall be subject to all applicable setback and lot coverage requirements of a detached single-family dwelling in the district if which it is located;
(6) An accessory dwelling unit shall only be permitted on a lot where the principle use is an existing detached single-family dwelling unit;
(7) No more than one accessory dwelling unit is permitted on any lot;
(8) Accessory dwellings shall not be permitted to have independent electric, gas, or water meters from the detached single-family dwelling unit;
(9) An accessory dwelling unit located within a detached single-family dwelling unit shall have a separate entrance from the exterior of the structure and shall not have interior access to the detached single-family dwelling unit;
(10) A lot with an accessory dwelling unit shall provide one additional parking space on a fully improved surface of concrete, asphalt, or brick, gravel, stone, or other surface approved by the city; and
(11) Accessory dwelling units may be included with the rental of a detached single-family dwelling on the same property if it is done so under a single contract.
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. passed 5-10-2004; Am. Ord. 070611-1, passed 6-11-2007; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 100726-1, passed 7-26-2010; Am. Ord. 111212-1, passed 12-12-2011; Am. Ord. 140714-1, passed 7-14-2014; Am. Ord. 150427-2, passed 4-27-2015; Am. Ord. 161114-1 passed 11-14-2016; Am. Ord. 161128-2, passed 11-28-2016; Am. Ord. 170213-2, passed 2-13-2017; Am. Ord. 170522-1, passed 5-22-2017; Am. Ord. 181112-1, passed 11-12-2018; Am. Ord. 181226-2, passed 12-26-2018) Penalty, see § 154.999