By Greg Chandler
The Zeeland Record
Zeeland city planners are proposing major changes in how future requests to tear down buildings in the city will be addressed.
The city’s Planning Commission has scheduled a public hearing for Thursday, March 6 at 6 p.m. at City Hall to receive comments on the new demolition ordinance, which would replace an ordinance that was passed in 2000 regulating demolition of residential homes.
The most significant change is that, if approved, anyone seeking to tear down most buildings in the city would only have to have their request approved by the city’s zoning administrator, and no public hearing would be needed beforehand. Under the current demolition ordinance, the Planning Commission is required to hold a public hearing on all demolition applications and approve such requests.
The current ordinance was crafted in response to several demolition requests from churches and schools that had bought adjacent homes and asked the city to have them torn down so they could expand their footprint. At the time, the goal of the ordinance was “preservation of homes within residential districts,” the original ordinance language said.
While the original ordinance was meant to address demolition of residential homes, the new ordinance goes on to include other buildings as well, said Paul LeBlanc, a consultant who has worked with the Planning Commission over the last several months on the proposal.
“The way (the new ordinance) is written, it would apply to all buildings, not just residential,” LeBlanc said.
There are exceptions to the new ordinance. Any building within an industrial zone district or an accessory building of less than 800 square feet in any zoning district would be exempt from the ordinance, LeBlanc said.
“While the main impetus behind this was to prevent homes from being torn down for institutional uses to expand, I think it makes sense to regulate other demolitions — commercial, institutional, what have you — to look at the impact on adjoining properties, and making sure that when they’re finished, the site is reclaimed and a new building is built,” he said.
Under the current ordinance, the Planning Commission can approve a demolition request if it doesn’t result in a public safety concern, if the applicant will begin building a replacement dwelling within six months of demolition, or if the lot is combined with an adjacent residential lot. Also, the demolition must not be contrary to the city’s master plan or have a negative effect on adjacent property owners, according to city documents.
The new ordinance would require all activity related to demolition or moving, including site restoration, be completed within 30 days of the permit being issued. However, the zoning administrator would have leeway to grant more time to complete restoration of the site in certain situations, such as seasonal weather conditions or delays caused by utility companies, LeBlanc said.
In response to concerns that a church or school may seek rezoning of a parcel after tearing down a home, LeBlanc has added language to the new ordinance to alleviate that possibility. He said the applicant must certify when they apply for the demolition permit that they will not ask for the site to be rezoned.
“If they are asking for a rezoning, the rezoning request has to be processed prior to considering the demolition application,” LeBlanc said. “So you’ve got a couple of provisions in there that should safeguard against somebody coming in and tearing down a building, and then coming in and asking for rezoning later on.”
Other requirements under the new ordinance include applicants having all work done by a licensed contractor, have proof of liability insurance and have the replacement building be similar to the structure that is being torn down. The new building must be a use allowed within the existing zoning district, LeBlanc said.
If a building should be condemned by the city for structural or other reasons, the city would not require an immediate replacement of the building. That site could be graded and restored with vegetation until a new building is built, LeBlanc said.
The Zeeland Record
Zeeland city planners are proposing major changes in how future requests to tear down buildings in the city will be addressed.
The city’s Planning Commission has scheduled a public hearing for Thursday, March 6 at 6 p.m. at City Hall to receive comments on the new demolition ordinance, which would replace an ordinance that was passed in 2000 regulating demolition of residential homes.
The most significant change is that, if approved, anyone seeking to tear down most buildings in the city would only have to have their request approved by the city’s zoning administrator, and no public hearing would be needed beforehand. Under the current demolition ordinance, the Planning Commission is required to hold a public hearing on all demolition applications and approve such requests.
The current ordinance was crafted in response to several demolition requests from churches and schools that had bought adjacent homes and asked the city to have them torn down so they could expand their footprint. At the time, the goal of the ordinance was “preservation of homes within residential districts,” the original ordinance language said.
While the original ordinance was meant to address demolition of residential homes, the new ordinance goes on to include other buildings as well, said Paul LeBlanc, a consultant who has worked with the Planning Commission over the last several months on the proposal.
“The way (the new ordinance) is written, it would apply to all buildings, not just residential,” LeBlanc said.
There are exceptions to the new ordinance. Any building within an industrial zone district or an accessory building of less than 800 square feet in any zoning district would be exempt from the ordinance, LeBlanc said.
“While the main impetus behind this was to prevent homes from being torn down for institutional uses to expand, I think it makes sense to regulate other demolitions — commercial, institutional, what have you — to look at the impact on adjoining properties, and making sure that when they’re finished, the site is reclaimed and a new building is built,” he said.
Under the current ordinance, the Planning Commission can approve a demolition request if it doesn’t result in a public safety concern, if the applicant will begin building a replacement dwelling within six months of demolition, or if the lot is combined with an adjacent residential lot. Also, the demolition must not be contrary to the city’s master plan or have a negative effect on adjacent property owners, according to city documents.
The new ordinance would require all activity related to demolition or moving, including site restoration, be completed within 30 days of the permit being issued. However, the zoning administrator would have leeway to grant more time to complete restoration of the site in certain situations, such as seasonal weather conditions or delays caused by utility companies, LeBlanc said.
In response to concerns that a church or school may seek rezoning of a parcel after tearing down a home, LeBlanc has added language to the new ordinance to alleviate that possibility. He said the applicant must certify when they apply for the demolition permit that they will not ask for the site to be rezoned.
“If they are asking for a rezoning, the rezoning request has to be processed prior to considering the demolition application,” LeBlanc said. “So you’ve got a couple of provisions in there that should safeguard against somebody coming in and tearing down a building, and then coming in and asking for rezoning later on.”
Other requirements under the new ordinance include applicants having all work done by a licensed contractor, have proof of liability insurance and have the replacement building be similar to the structure that is being torn down. The new building must be a use allowed within the existing zoning district, LeBlanc said.
If a building should be condemned by the city for structural or other reasons, the city would not require an immediate replacement of the building. That site could be graded and restored with vegetation until a new building is built, LeBlanc said.
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