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        ZONING ORDINANCE

        CITY OF MUSKEGON
   MUSKEGON COUNTY, MICHIGAN



PREVIOUS ZONING ORDINANCES ADOPTED:
                  1957
                  1952
                  1925



         Adopted April 28, 1987
            AS AMENDED
            (See next pages)



















           Printed:  March 2003

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                                                  AMENDED:
                                 (Dates shown reflect City Commission approval)

November 1988
     Articles I, IV, and VI-IX, Sections 401, 601, and 701-901:  Special Land Uses Permitted
   (Added restricted parking areas as special uses subject to provisions of Section 2302.1.)
     Article XXIII "General Provisions", Section 2302.1:  Restricted Parking Areas
   (Added regulations for establishment and operation of restricted parking areas.)
     Article XXIII "General Provisions", Section 2318:  Yard Fences, #a
   (Amended size requirements for fences in residential districts.)
January 1989
     Article XIII "B-4", Section 1301:  Special Land Uses Permitted, #(10)
   (Added language regarding non-accessory signs.)
     Articles XIV "I-1" and IV "I-2", Sections 1400, 1500:  Principal Land Uses Permitted
   (Added language regarding non-accessory signs.)
     Article XXIII "General Provisions", Section 2308 (1) (f):  Signs
   (Added language regarding regulations for non-accessory signs.)
August 1995
     Article XXIV "Administration and Enforcement", Section 2407:  Violations and Penalties
   (Provided for civil infractions for violation of the zoning ordinance.)
May 1996
     Article IV "R", Section 402:  One Family Dwelling Regulations, #6
   (Amended storage space requirements in dwelling units in R-1 districts.)
     Article VI "RT", Section 603:  Area and Bulk Requirements, #1
   (Amended storage space requirements in dwelling units in RT districts.)
     Article X "B-1", Section 1001:  Principal Uses Permitted, #5
   (Deleted automated car washes as a permitted use in B-1 districts.)
     Article XIII "B-4", Section 1301:  Special Land Uses Permitted, #8
   (Added commercial kennels as a special use in B-4 districts.)
     Article XXIII "General Provisions", Section 2301:  Accessory Buildings, #4, #7
   (Amended requirements for accessory buildings and added restriction that only one accessory building is
   permitted per lot.)
     Article XXIII "General Provisions", Section 2302:  Off-Street Parking Requirements, #1, #3
   (Amended restrictions against front-yard parking in any residential districts.)
     Article XXIII "General Provisions", Section 2303:  Off-Street Parking..., #2, #7
   (Amended requirements for off-street parking spaces.)
     Article XXIII "General Provisions", Section 2307:  Plant Materials and Landscaping
   (Amended title of the section, renumbered paragraph 1 and added a new paragraph requiring landscaping in yard
   areas around buildings and parking areas.)
     Article XXIII "General Provisions", Section 2308:  Signs, #1-g
   (Amended requirements for temporary signs.)
     Article XXIII "General Provisions", Section 2311:  Storage of Vehicles, #1
   (Amended requirements parking areas for boats, trailers, motor vehicles and recreation equipment.)
     Article XXIII "General Provisions", Section 2312:  Reduction of Parcels...
   (Added section to prohibit reduction of parcels below the minimum required size, width or depth.)
     Article XXIII "General Provisions", Section 2320:  Corner Clearance
   (Amended regulations on corner clearance.)





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March 1997
     Table I:  Heights, Areas and Yards, "LR", "WM"
    (Changed lot coverage limits to percentages in LR and WM zoning districts.)
     Article XXIII "General Provisions", Section 2308:  Signs, #1-b, #1-g
    (Added regulations for special event signage and changed some wording about sign encroachment on City
    rights-of-way.)
     Article XXIII "General Provisions", Section 2315:  Special Land Uses..., #2
    (Changed specific fees shown to reflect the City's Master Fee Schedule instead.)
     Article XXIV "Administration and Enforcement", Section 2405:  Petitions, Fees
    (Changed specific fees shown to reflect the City's Master Fee Schedule instead.)
     Article XXV "Board of Zoning Appeals", Section 2502:  Appeals, Applications...
    (Changed specific fees shown to reflect the City's Master Fee Schedule instead.)
August 1997
     Error Correction
    (Made several minor corrections and small amendments to remove inconsistencies from the ordinance.)
     Article XI "B-2", Section 1100:  Principal Uses Permitted, #8
    (Allowed social halls and private clubs as permitted uses in B-2 districts.)
     Article XX "H", Section 2001:  Special Land Uses Permitted, #7
    (Allowed multiple family as a special use in the H district, under certain conditions.)
     Article II "Definitions", relating to daycare
    (Added definitions relating to daycare.)
     Article XXIII "General Provisions", Section 2314:  Day Care/Child Care Facilities
    (Added language to allow daycare homes and centers under certain conditions.)
December 1997
     Article IV "R", Section 403:  Planned Unit Development Option
    (Added Planned Unit Developments as an option in the R-1 zoning district under certain conditions.)
     Article XXIII "General Provisions", Section 2321:  Wireless Communication Service...
    (Added new section to deal with wireless towers and antenna.)
     Article II "Definitions", relating to wireless communication facilities
    (Added definitions relating to wireless communication towers and antenna.)
March 1998
     Article I "Short Title"
    (Amended the short title of the Zoning Ordinance.)
     Article II "Definitions"
    (Replaced definitions article and added graphics.)
     Article XXIII "General Provisions"
    (Made many updates, changes and additions to sections in General Provisions.)
     Article XIII "B-4":  `B-5 Governmental Service District'
    (Added new zoning district for governmental types of services.)
May 1998
     Article XXIV "Administration and Enforcement", Section 2407:  Violation and Penalties
    (Permitted the issuance of civil infraction tickets to anyone in violation of the zoning ordinance.)
July 1998
     Article IV "R", Section 402:  One Family Dwelling Regulations, #15
    (Stipulated that single-family dwelling construction cannot commence until a building permit has been issued.)
     Article XXIII "General Provisions", Section 2319:  Outdoor Lighting
    (Provided for clarification of night sky regulations for outdoor lighting.)



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August 1998
     Article II "Definitions":  `Sign', #8
    (Added definition for Electronic Message Board.)
     Article XXIII "General Provisions", Section 2334:  Signs
    (Replaced entire section with new regulations for signs.)
October 1998
     Article XIII "B-4", Section 1307:  Signs
    (Repealed the sign requirements for the B-5 zoning district, as these were included in the new sign ordinance,
    and renumbered the rest of the sections in the article.)
     Articles VI - XX, Sections 602 - 2002 respectively:  Planned Unit Developments, Section
    1603:  Area and Bulk Requirements
    (Eliminated minimum acreage requirements for planned unit developments and created new section for schedule
    of regulations in OSC district language.)
     Article II "Definitions":  `Mini Storage (Warehouse) Facilities'
    (Added definition for mini storage facilities.)
     Article XIII "B-4", Section 1301:  Special Land Uses Permitted, #9
    (Added mini storage facilities as a special use in the B-4 district.)
August 1999
     Article II "Definitions":  `Family Day Care Home', `Group Day Care Home'
    (Replaced definitions associated with daycare, which had been removed in 3/98 amendment of "Definitions".)
September 1999
     Article XI "B-2", Section 1101:  Special Land Uses Permitted, #5
    (Added language allowing hotels/motels/sleeping inns as special uses in B-2, under certain conditions.)
December 1999
     Article IV "R", Section 401:  Special Land Uses Permitted, #6
    (Added new language allowing previously existing commercial buildings to operate as special uses in R-1.)
     Article VI "RT", Section 601:  Special Land Uses Permitted, #9
    (Added new language allowing previously existing commercial buildings to operate as special uses in RT.)
     Article VII "RM-1", Section 701:  Special Land Uses Permitted, #6
    (Added new language allowing previously existing commercial buildings to operate as special uses in RM-1.)
     Article VIII "RM-2", Section 801:  Special Land Uses Permitted, #3
    (Added new language allowing previously existing commercial buildings to operate as special uses in RM-2.)
     Article VIX, "RM-3", Section 901:  Special Land Uses Permitted, #2
    (Added new language allowing previously existing commercial buildings to operate as special uses in RM-3.)
January 2000
     Article XXIII "General Provisions", Section 2330:  Site Plan Review
    (Replaced section with new regulations for Site Plan Review.)
April 2000
     Article XV "I-2":  `WI-PUD Waterfront Industrial Planned Unit Development Districts'
    (Added new zoning district for port activities.)
     Article II "Definitions":  `Lightering', `Marine Cargo Handling', `Stevedore'
    (Added definitions related to the new WI-PUD zoning district.)
     Article IV "R", Section 404:  Area and Bulk Requirements
    (Added area and bulk requirements for the R-1 district to that district's language.)
     Articles VI - XX, Sections 603 - 2003 respectively:  Area and Bulk Requirements
    (Added area and bulk requirements for each other district to that district's language.)
     Table I:  Heights, Areas, and Yards
    (Changed area and bulk requirements for all districts.  Added minimum building heights, waterfront setback...)

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     Article XXIII "General Provisions", Section 2331:  Landscaping, Fencing, Walls, Screens...
   (Replaced section with new regulations for Landscaping; incorporated language for fencing, walls, screens and
   lighting into same section as Landscaping.)
     Article XXIII "General Provisions", Sections 2308, 2310, 2313, 2314, 2315, 2319, 2333
   (Reserved these sections since language was incorporated into Section 2331.)
August 2000
     Article XXIII "General Provisions", Section 2307:  Permitted Yard Encroachments, #3, #4
   (Added Zoning Administrator waiver for setback requirements for handicap ramps; changed lot coverage to
   reflect previous Table I changes.)
October 2000
     Article XXIII "General Provisions", Section 2331:  Landscaping, Fencing, Walls..., #8
   (Amended requirements for parking lot landscaping to add a sliding scale for the number of landscape islands
   required & to give the Zoning Administrator some flexibility to allow bump-outs, etc. on a case-by-case basis.)
November 2000
     Article IV "R-1, Single-Family Residential", Section 400:  Principal Uses Permitted, #2b
   (Amended requirements for home occupation signage to reflect the requirements in the sign ordinance.)
     Article VI "RT, Two-Family Residential", Section 600:  Principal Uses Permitted, #4b
   (Amended requirements for home occupation signage to reflect the requirements in the sign ordinance.)
     Article VII "RM-1, Low-Density Multiple-Family Residential", Section 700:  Principal Uses
   Permitted, #7b
   (Amended requirements for home occupation signage to reflect the requirements in the sign ordinance.)
     Article XXIII "General Provisions", Section 2326:  Off-Street Parking Requirements, #12
   (Amended the requirement for minimum parking space size to reflect the size described in the parking space
   definition in the Definitions section of the ordinance.)
     Article XXV "Board of Zoning Appeals"
   (Amended language and standards for the Zoning Board of Appeals and added standards for the review of use
   variances by the ZBA.)
     Article II "Definitions"
   (Deleted the definition of `Variance' and added definitions of `Variance, Use" and "Variance, Nonuse or
   Dimensional".)
     Article XXIII "General Provisions", Section 2321:  Wireless Communication Service
   Facilities, #4 under Overlay District Established for Wireless Communication...
   (Added a 60' x 60' portion of the Muskegon Community College campus to the overlay district for wireless
   communication support facilities.)
August 2001
     Article IV "R-1, Single-Family Residential", Section 402:  One Family Dwelling Regulations
   (Repealed and reserved this section since language was incorporated into Section 2319.)
     Article XXIII "General Provisions", Section 2319:  Residential Design Criteria
   (Added design criteria for all one and two-family homes in any zoning district.)
     Article XXIII "General Provisions", Section 2311:  Accessory Structures & Buildings, #4
   (Added requirement for accessory structures to be of residential construction, properly sided and painted, and
   prohibits pole style storage buildings in all residential zones or developments.)
December 2001
     Article XXIII "General Provisions", Section 2334:  Signs, #6c
   (Amended home occupation signage requirements to restrict signage to one wall sign.)
     Article XI "B-2, Convenience and Comparison Business", Section 1101:  Special Land Uses
   Permitted
   (Added secondhand stores as special uses, under certain conditions.)



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     Articles VII - XX, Sections 703 - 2003 respectively, also Sections 1308 & 1507, all:  Area
   and Bulk Requirements
   (Changed landscaping requirement for front setback to require 50% be landscaped, with conditions.)
     Table I "Heights, Areas, and Yards", Table Notes, #9
   (Changed landscaping requirement for setbacks to refer to landscaping requirements.)
     Article XXIII "General Provisions", Section 2331: Landscaping, Fencing, Walls..., #5
   (Changed landscaping requirement for front setback to require 50% be landscaped, with conditions.)
January 2002
     Article XII "B-3, Central Business", Section 1201:  Special Land Uses Permitted
   (Added specialized adult educational programs as special uses, under certain conditions.)
February 2002
     Article XXIII "General Provisions", Section 2326:  Off-Street Parking and Loading
   (Amended standards and requirements for parking areas and parking spaces)
     Article XXIII "General Provisions", Section 2327:  Restricted Parking Areas
   (Repealed and reserved this section)
     Article XXIII "General Provisions", Section 2328:  Off-Street Parking Space Layout,
   Standards, Construction and Maintenance
   (Repealed and reserved this section since language was incorporated into Section 2326.)
     Article IV "R One Family Residential Districts", Section 401:  Special Land Uses Permitted,
   #1(e)
   (Deleted since language was incorporated into Section 2326.)
     Articles IV & VII, Sections 401 & 701 respectively, both:  Special Land Uses Permitted, #9
   (Deleted since language was incorporated into Section 2326.)
     Article VI "RT Two Family Residential Districts", Section 601:  Special Land Uses
   Permitted, #12
   (Deleted since language was incorporated into Section 2326.)
     Article VIII "RM-2 Medium Density Multiple-Family Residential Districts", Section 801: 
   Special Land Uses Permitted, #6
   (Deleted since language was incorporated into Section 2326.)
     Article IX "RM-3 High Density Multiple-Family Residential Districts", Section 901:  Special
   Land Uses Permitted, #5
   (Deleted since language was incorporated into Section 2326.)
     Article V "MHP Mobile Home Park Districts", Section 511:  Off-Street Parking
   (Repealed and reserved this section since language was incorporated into Section 2326.)
     Article XIII "B-4 General Business Districts", Section 1301:  Special Land Uses Permitted,
   #4(b)
   (Deleted since language was incorporated into Section 2326.)
April 2002
     Article XXIII "General Provisions", Section 2319:  Residential Design Criteria
   (Added minimum floor sizes for apartment units.)
     Article XXIII "General Provisions", Section 2334:  Signs
   (Added signage requirements for legal businesses in residential zoning districts.)
     Article XXIII "General Provisions", Section 2321:  Wireless Communication Service
   Facilities
   (Changed the height requirements for WCAs placed on existing buildings.)
May 2002
     Article XI "B-2 Convenience and Comparison Business", Section 1101:  Special Land Uses
   Permitted
   (Added private schools operated for profit, as special uses.)

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     Article XIII "B-4 General Business", Section 1300:  Principal Uses Permitted
    (Added private schools operated for profit, as principal permitted uses.)
June 2002
     Article XI "B-2 Convenience and Comparison Business", Section 1100:  Principal Uses
    Permitted & Section 1101:  Special Land Uses Permitted
    (Added contractors' offices with associated indoor storage - special uses if storage exceeds 5,000 sq. ft.)
July 2002
     Article XXIII "General Provisions", Section 2323: Flood Hazard Areas, #3
    (Changed minimum floor elevation requirements to reflect State requirements.)
August 2002
     Article XXIII "General Provisions", Section 2318:  Keeping of Animals
    (Repealed and reserved this section since the language was incorporated into a separate City ordinance.)
     Article XI "B-2 Convenience and Comparison Business", Section 1100  Principal Uses
    Permitted
    (Added recording studios.)
     Articles XI - XIII (B-2, B-3, & B-4), Sections 1101 - 1301 respectively:  Special Land Uses
    Permitted
    (Added live music concert halls as special uses, under certain conditions.)
October 2002
     Article XXIII "General Provisions", Section 2324:  Temporary Buildings, Structures & Uses
    (Amended the regulations regarding temporary uses, structures and buildings.)
     Article II "Definitions"
    (Amended the definitions of `building line', `carport', `lot lines', `setback' and `yard'.)
     Article II "Definitions", Section 201:  Diagrams, Graphics and Illustrations Pertinent to the
    Definitions in This Ordinance
    (Added a new graphic as Figure 2.9 to help show front building lines and other definitions for corner lots.)
     Article IV "R One Family Residential Districts", Section 404:  Area & Bulk Requirements
    (Amended the regulations regarding setback measurement, and zero lot line option to clarify their meaning
    regarding yards and setbacks.)
     Articles VI - XX (RT, RM-1, RM-2, RM-3, B-1, B-2, B-3, B-4, I-1, I-2, OSC, OSR, LR, WM,
    H), Sections 603 - 2003 respectively:  Area & Bulk Requirements
    (Amended the regulations regarding setback measurement, and zero lot line option to clarify their meaning
    regarding yards and setbacks.)
     Article XIII "B-4 General Business Districts", Section 1308:  Area & Bulk Requirements
    (Amended the regulations regarding setback measurement, and zero lot line option to clarify their meaning
    regarding yards and setbacks.)
     Article XV "I-2 General Industrial Districts", Section 1507:  Area & Bulk Requirements
    (Amended the regulations regarding setback measurement, and zero lot line option to clarify their meaning
    regarding yards and setbacks.)
     Table I "Heights, Areas, and Yards", Table Notes, #7
    (Changed the explanation of how setbacks are measured.)
     Article XXIII "General Provisions", Section 2306:  Allocation of Lot Areas & Configuration
    of Lots
    (Amended the regulations for determining setbacks for corner lots.)
     Article XXIII "General Provisions", Section 2307:  Permitted Yard Encroachments
    (Amended the reference to `setback' to remove the word `yard'.)
     Article XXIII "General Provisions", Section 2311:  Accessory Structures & Buildings;
    Section 2316:  Storage of Vehicles; Section 2317:  Exterior Swimming Pools & Hot Tubs
    (Amended the references to `yard' to remove the word `setback'.)


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     Article XXIII "General Provisions", Section 2331:  Landscaping, Fencing, Walls, Etc.
    (Amended the regulations for fencing to clarify the words `yard' and `setback' and the regulations for corner
    lots.)
November 2002
     Article II "Definitions"
    (Amended the definitions dealing with adult foster care facilities.)
     Article IV "R One Family Residential Districts", Section 400:  Principal Uses Permitted
    (Amended the regulations regarding adult foster care facilities.)
     Articles VI - IX, and XX (RT, RM-1, RM-2, RM-3, H), Sections 600 - 900, 601 - 801 and 2000
    respectively:  Principal Uses Permitted
    (Amended the regulations regarding adult foster care facilities.)
     Articles IV, VI, VII, and XX (R-1, RT, RM-1, H), Sections 400, 600, 700 and 2000
    respectively:  Principal Uses Permitted
    (Amended the regulations regarding home occupations and added the language to the H district.)
February 2003
     Article XXIII "General Provisions", Section 2326:  Off-Street Parking and Loading
    (Added downtown parking overlay district)
     Article VI "RT Two-Family Residential Districts", Section 601:  Special Land Uses
    Permitted, #4
    (Deleted home offices for physicians and other professionals)
     Article VII "RM-1 Low Density Multiple Family Residential Districts", Section 701:  Special
    Land Uses Permitted, #4 & #5
    (Deleted home offices for physicians and other professionals and hospitals)
     Article VIII "RM-2 Medium Density Multiple Family Residential Districts", Section 801: 
    Special Land Uses Permitted, #2
    (Deleted hospitals)
     Article IX "RM-3 High Density Multiple Family Residential Districts", Section 901:  Special
    Land Uses Permitted, #1
    (Deleted hospitals)
     Article XXIII "General Provisions", Section 2322:  Day Care/Child Care Facilities
    (Added daycares as uses in the MC district)
     Article VII "RM-1":  `MC Medical Care Districts'
    (Added new zoning district for medical care activities and facilities)
     Article II "Definitions"
    (Added definition of 'campus')
     Article XXIII "General Provisions", Section 2334:  Signs
    (Added #10, 'Campus Signage')
April 2003
     Article XXIII "General Provisions", Section 2326:  Off-Street Parking and Loading, #4
    (Removed #4, correction related to previous downtown parking overlay amendment.)











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