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       WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT
                                  DISTRICTS [amended 4/00]

PREAMBLE

The Waterfront Industrial PUD district is established primarily for water-dependent, commercial
shipping of bulk, general cargo, or container goods by freighter, bulk carrier, tanker, tug barge,
or other similar commercial vessels.  The WI-PUD District is intended to promote the
consolidation of commercial port activities at the eastern terminus of Muskegon Lake because of
its proximity to the interstate, established industrial uses, and isolation from residential zones. 
The intent is to localize this district to promote symbiotic relationships among industrial port
activities and to discourage  the expansion of such activities elsewhere along Muskegon Lake
frontage.  It is further the intent of this district to require planned unit developments for all
projects to ensure a mix of port uses that enhances the industrial economic base of the city.  The
planned unit development tool shall be applied to promote flexibility in development and to
enhance functional relationships among uses in the district.

The general categories of uses permitted in the WI-PUD district are associated with standard
industrial classifications, major group industry 44, "Water Transportation" as found in the 1987
Standard Industrial Classification Manual prepared by the Executive Office of the President,
Office of Management and Budget.

SECTION 1504:  USES PERMITTED

The following uses, and their accessory buildings and accessory uses, shall be permitted as
planned unit developments.  Planned unit developments shall be reviewed and approved by the
Planning Commission and City Commission subject to the conditions outlined below.

PRINCIPAL USES:

1.     Water transportation of freight.

2.     Railroad and auto passenger ferries.

3.     Marine cargo handling; loading, unloading and stevedore facilities.

4.     Marine terminal uses including ancillary inter-modal transportation operations.

5.     Any use with outside storage of aggregate, limestone, coal, slag, salt, sand or other bulk
       materials shipped by commercial watercraft vessels and or barges.

6.     Grain elevators.

7.     Bulk and warehouse storage of goods shipped by commercial maritime vessels.

8.     Towing and tugboat services for commercial freight water vessels.



9.      Barge fleeting, mooring and servicing.

10.     Lighterage.

11.     Commercial engine and hull repair.

12.     Marine dock, breakwater, harbor construction and repair contracting.

13.     Marine dredging contractors.

14.     Palletizing, decanning, container stripping and packing operations associated with
        maritime shipping and transport.

15.     Bulk liquid facilities of non-hazardous materials.

16.     Material recovery facilities that are entirely contained in buildings.

17.     Commercial fishing facilities.

18.     Any other uses which meet the intent of this district as deemed by the Planning
        Commission and City Commission; except that in no case shall a prohibited use be
        permitted.

ACCESSORY USES:

1.      Docks, wharves, piers or transit sheds or related facilities used in connection with the
        transfer, handling, storage and transit and incidental processing of cargo from or to
        waterborne craft.

2.      Truck or rail freight terminal supporting water freight transport.

3.      Offices associated with port facilities and functions.

4.      Parking decks.

5.      Watchmen quarters employed on the premise.

6.      Lift equipment to load and unload ships.

7.      Weigh stations.

8.      Lighthouse.

9.      Fuel dock.

10.     Seaplane base.



SECTION 1505:  PROHIBITED USES

1.      Asphalt batching.

2.      Cement processing.

3.      Storage of petroleum products stored in excess of 1,000 gallons.

4.      Hazardous material or hazardous chemical storage or transport.

5.      Ship cleaning.

6.      Salvage yards, ship scrapping, dismantling and wrecking operations not wholly contained
        in buildings.

7.      Livestock holding.

8.      Marine Salvage.

9.      Manufacturing.

10.     Open storage of fertilizers, agricultural lime and other chemicals.

11.     Billboards.

SECTION 1506:  REVIEW STANDARDS

The Planning Commission shall approve, deny or modify preliminary planned unit development
plans, based upon the site plan review and landscaping standards of this ordinance and the
following standards below.  Likewise, the City Commission shall approve, deny, or modify final
planned unit development plans (after review and recommendation by the Planning Commission)
based upon the following standards:

1.      The uses proposed will have a beneficial effect, in terms of public health, safety, welfare,
        or convenience of any combination thereof, on present and potential surrounding land
        uses.  The uses proposed will not adversely affect the public utility and circulation
        systems, surrounding properties, or the environment.

2.      The uses proposed should be consistent with the land use plans adopted by the City.

3.      The amount of open space provided is compatible with and meets the requirements of
        this ordinance, which the Planning Commission or City Commission may modify, even
        though such modifications do not conform to that required in other sections of this
        ordinance.



4.      The amount of off-street parking areas is adequate, which the Planning Commission or
        City Commission  may modify even though such modifications do not conform to that
        required in other sections of this ordinance.

5.      The amount of landscaping and buffering areas provided are compatible with and meet
        the requirements of this ordinance, which the Planning Commission or City Commission
        may modify even though such modifications do not conform to that required in other
        sections of this ordinance.

6.      The design provides for the protection or enhancement of significant natural, historical,
        or architectural features within the proposed development area.

7.      The uses proposed will result in safe, convenient, uncongested and well defined vehicular
        and pedestrian circulation systems.

8.      The land uses presented shall provide a mix of uses to perpetuate an economically viable,
        mixed use port.

9.      The project shall demonstrate adequate support services for all activities.

10.     Stockpiles of salt and agricultural lime must be covered or sufficiently isolated from the
        surface water to prevent leaching.

11.     Aggregate, salt, lime, or soil stockpiling areas shall not occupy more than 50% of the site
        or district.

12.     Truck freight terminals shall not occupy more than 30% of the site area or district. 
        Trucks shall be stored a minimum of two hundred (200) feet from the ordinary high water
        mark.

SECTION 1507:  AREA AND BULK REQUIREMENTS

The following are meant as general guidelines.  Through the process of the Planned Unit
Development process, the Planning Commission may determine that changes to the standards are
appropriate to both meet the needs and objectives of the project and the city.

1.      Minimum lot size:  43,560 sq. feet.

2.      Maximum lot coverage:
                 Buildings:  75 %
                 Pavement:  25 %

3.      Lot width:  150 feet (shall be measured at road frontage unless a cul-de-sac, then
        measured from setback).



4.      Width to depth ratios:  The depth of any lot(s) or parcel(s) shall not be more than three
        (3) times longer its width.

5.      Height limit:  3 stories or 50 feet.

        Height measurement:  In the case of a principal building, the vertical distance measured
        from the average finished grade to the highest point of the roof surface where the
        building line abuts the front yard, except as follows: to the deck line of mansard roofs,
        and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
        Figure 2-2).  If the ground is not entirely level, the grade shall be determined by
        averaging the elevation of the ground for each face of the building (see Figure 2-3).

6.      Front Setbacks:
                  Minimum:
                          Expressway, Arterial Street or Major Street:  30 feet
                          Collector Street:  20 feet
                          Minor Street:  10 feet

7.      Rear setback:  10 feet.

8.      Setback from the ordinary high water mark or wetland:  75 feet (principal structures
        only).

9.      Side setbacks:
                  1-story:  10 feet and 20 feet
                  2-story:  15 feet and 25 feet
                  3-story:  20 feet and 30 feet

        Note, setback measurement:  All required setbacks shall be measured from the right-of-
        way line to the nearest point of the determined drip line of buildings. [amended 10/02]

10.     Zero lot line option:  New principal buildings may be erected on the rear lot line and/or
        one side lot line provided: [amended 10/02]

        a.        The building has an approved fire rating for zero-lot line development under the
                  building code.

        b.        The building has adequate fire access preserved pursuant to fire code
                  requirements.

        c.        The zero lot line side is not adjacent to a street.

        d.        A maintenance access easement is granted by the adjacent property owner and
                  recorded with the County Register of Deeds and provided to the zoning
                  administrator with the site plan or plot plan.



        e.     It is not adjacent to wetlands, or waterfront.

11.     All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
        line is employed for a structure or fire access.  At least fifty percent of all required front
        setbacks shall be landscaped and adjacent to the road right-of-way.  An average
        minimum greenbelt of 10 feet shall be maintained along each street frontage. [amended
        12/01, amended 10/02]