Ordinance No.250310-A - Bed and Breakfast Zoning Text Amendment. (Roll Call)

City Council Agenda Item Report FROM:

Luke Thompson Director of Planning and Zoning

DATE:

March 10, 2025

RE:

B&B Text Amendment

DESCRIPTION: At the Planning Commission special meeting on December 2, 2024, a zoning text amendment request was received to allow for the incorporation of guest rooms into accessory buildings at the Wickwood Inn property and the newly acquired 120 Mary Street property. The applicant provided a comprehensive overview regarding the intent of the owner and the overall development request. As noted by the applicant, several zoning changes would be necessary to authorize the use of accessory buildings as guest accommodations, and recommended language was provided. Staff and the City’s planning consultant made several revisions to the zoning language provided by the applicant to ensure that future requests for accessory guest buildings on the subject site and on any other sites within the R-4 City Center Transitional Residential (CER) District would be compatible and an appropriate scale and intensity for the neighborhood. These changes addressed concerns noted by the Planning Commission, and they were supported by the applicant. After months of discussion, the proposed bed and breakfast zoning ordinance amendment to allow habitation of accessory buildings hereby defined as accessory guest buildings for bed and breakfasts within the R-4 City Center Transitional Residential (CER) District was unanimously recommended for approval by the Planning Commission. Drafted Ordinances and Policy Based on direction by the Planning Commission, a text amendment was drafted for section 154.005 to revise the definition of bed and breakfast establishment; to amend section 154.022(H)(7) to expand on the habitation options of accessory structures; to amend 154.022(R) to allow bed and breakfast establishments to host guests in accessory guest

buildings in the R-4 City Center Transitional Residential (CER) District if certain conditions are satisfied; to amend 154.025 (B)(4) to allow bed and breakfast establishments as permitted uses when guest rooms are in the principal building; and to amend section 154.025 (C) to allow bed and breakfast establishments with accessory guest buildings as special land uses.

LEGAL REVIEW: The City Attorney reviewed the draft ordinances, attended the Planning Commission meetings and will be at the City Council meeting to answer any questions. SAMPLE MOTION: Motion to approve Ordinance No. 250310-A an ordinance to amend Title XV, chapter 154, of the Code of the City of Saugatuck to amend section 154.005 to revise the definition of bed and breakfast establishment; to amend section 154.022(H)(7) to expand on the habitation options of accessory structures; to amend 154.022(R) to allow bed and breakfast establishments to host guests in accessory guest buildings in the R-4 City Center Transitional Residential (CER) Zoning District if certain conditions are satisfied; to amend 154.025 (B)(4) to allow bed and breakfast establishments as permitted uses when guest rooms are in the principal building; and to amend section 154.025 (C) to allow bed and breakfast establishments with accessory guest buildings as special land uses

CITY COUNCIL CITY OF SAUGATUCK ALLEGAN COUNTY, MICHIGAN ORDINANCE NO. 250310-A AN ORDINANCE TO AMEND TITLE XV, CHAPTER 154, OF THE CODE OF THE CITY OF SAUGATUCK TO AMEND SECTION 154.005 TO REVISE THE DEFINITION OF BED AND BREAKFAST ESTABLISHMENT; TO AMEND SECTION 154.022(H)(7) TO EXPAND ON THE HABITATION OPTIONS OF ACCESSORY STRUCTURES; TO AMEND 154.022(R) TO ALLOW BED AND BREAKFAST ESTABLISHMENTS TO HOST GUESTS IN ACCESSORY GUEST BUILDINGS IN THE R-4 CITY CENTER TRANSITIONAL RESIDENTIAL (CER) ZONING DISTRICT IF CERTAIN CONDITIONS ARE SATISFIED; TO AMEND 154.025 (B)(4) TO ALLOW BED AND BREAKFAST ESTABLISHMENTS AS PERMITTED USES WHEN GUEST ROOMS ARE IN THE PRINCIPAL BUILDING; AND TO AMEND SECTION 154.025 (C) TO ALLOW BED AND BREAKFAST ESTABLISHMENTS WITH ACCESSORY GUEST BUILDINGS AS SPECIAL LAND USES Section 1. Amendment to Zoning Ordinance, Section 154.005. The City of Saugatuck Zoning Ordinance is amended to revise Section 154.005 and the definition of Bed and Breakfast Establishment as follows: Existing: BED AND BREAKFAST ESTABLISHMENT. A residential structure occupied by the owner(s) or resident manager, which has sleeping rooms available for rent by transient people on a short-term basis. Revised (tracked changes shown for reference): BED AND BREAKFAST ESTABLISHMENT. A residential building occupied by the owner(s) or resident manager, along with associated accessory guest buildings allowable within certain districts, which has sleeping rooms available for rent by transient people on a short-term basis. Section 2. Amendment to Zoning Ordinance, Section 154.022(H)(7). The City of Saugatuck Zoning Ordinance is amended to revise Section 154.022 (H)(7) as follows: Existing: (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).

Recommended by the Planning Commission on 2-20-25

Revised (tracked changes shown for reference): (7)

Habitation of accessory structures. No accessory building or structure, including, without limitation, a garage or cellar, whether fixed or portable, may be used or occupied as a dwelling unless permitted in accordance with the provisions of divisions (M), (R), or (W).

Section 3. Amendment to Zoning Ordinance, Section 154.022(R). The City of Saugatuck Zoning Ordinance is amended to revise Section 154.022 (R) to include a new paragraph 10 to read in its entirety as follows (note: this entire paragraph is new and does not replace existing text): (10) An accessory building or buildings on the same lot as a principal building used as a B&B may be used as accessory guest buildings, provided the following requirements are met: (a) The lot must be in the R-4 City Center Transitional Residential (CER) Zoning District. (b) Special land use approval shall be required, as described in Sections 154.080-92. The Planning Commission shall also consider the following supplemental special land use standards related to accessory guest buildings: 1. The overall site plan shall not detract from the cohesive appearance and layout of the subject block and surrounding neighborhood. 2. Accessory guest buildings shall be designed to be compatible with the existing built character of the block in which they are located, as well as nearby blocks that are similar in character, including consistency with prevailing building density, mass, bulk, scale, and design. (c) All requirements of Section 154.022 (R) 1-9 must be met. (d) There shall be no more than two (2) accessory guest buildings per principal bed and breakfast building. (e) An individual accessory guest building shall include no more than three (3) guest rooms. (f) The total number of guest rooms within accessory guest buildings shall not exceed 50% of the total number of guest rooms within the principal building or six (6), whichever number is less. (g) Any newly constructed accessory guest building must meet all requirements of Section 154.022 (H). (h) Conversions of Existing Buildings. 1. The conversion of existing buildings that previously served as principal or accessory buildings into accessory guest buildings must meet all requirements of Section 154.022 (H). However, existing buildings that do not currently comply with height, lot coverage, or setback requirements Recommended by the Planning Commission on 2-20-25

may be approved by the Planning Commission for conversion to accessory guest buildings if special land use standards are satisfied. 2. Any expansion to a building proposed to be converted to an accessory guest building shall comply with Section 154.022 (H). 3. Conversions that do not alter the footprint or height of the building(s) shall not be considered to be an expansion of a dimensional non-conformity. (i) Accessory guest buildings shall not be considered Accessory Dwelling Units, as defined in Section 154.005, and shall not be subject to the requirements of Section 155.022 (W). Section 4. Amendment to Zoning Ordinance, Section 154.025(B)(4). The City of Saugatuck Zoning Ordinance is amended to revise Section 154.025 (B) Permitted uses, paragraph (4), as follows: Existing: (4)

Bed and breakfasts;

Revised (tracked changes shown for reference): (4)

Bed and breakfasts with guest rooms only in the principal building;

Section 5. Amendment to Zoning Ordinance, Section 154.025(C). The City of Saugatuck Zoning Ordinance is amended to revise Section 154.025 (C) Special Land Uses to include a new subparagraph 4 to read in its entirety as follows (note: this entire paragraph is new and does not replace existing text): (4)

Bed and breakfasts with guest rooms in the principal building and in an accessory guest building or buildings.

Section 6. Repeal. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 7. Effective Date. This Ordinance shall take effect seven (7) days after publication of a notice of adoption of this Ordinance, unless referendum procedures are initiated under MCL 125.3402. If referendum procedures are initiated, this Ordinance will take effect in accordance with MCL 125.3402.

YEAS:_____________________________________________________________ NAYS: ____________________________________________________________

Recommended by the Planning Commission on 2-20-25

ABSENT/ABSTAIN:_________________________________________________ ORDINANCE DECLARED ADOPTED. ____________________________________________ Holly Anderson City of Saugatuck, Mayor CERTIFICATION I hereby certify that: 1. The above is a true copy of an ordinance adopted by the City of Saugatuck at a duly scheduled and noticed meeting of the City Council held on __________, _____ 2025, pursuant to the required statutory procedures. 2. A summary of the above ordinance was duly published in the ______________________ newspaper, a newspaper that circulates within the City of Saugatuck, on ___________, 2025. 3. Within 1 week after such publication, I recorded the above ordinance in a book of ordinances kept by me for that purpose, including the date of passage of the ordinance, the names of the members of the City Council voting, and how each member voted. ATTESTED: ___________________________________ Jamie Wolters City of Saugatuck, Clerk

Recommended by the Planning Commission on 2-20-25