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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: June 2007
This Zoning Ordinance can also be found on the City's web site located at www.shorelinecity.com.
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.)
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.)
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...)
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.)
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.)
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'.)
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.)
June 2003
Article XXIII "General Provisions", Section 2334: Signs
(Moved banners from `Prohibited' signs to `Exempt' signs, under certain conditions.)
July 2003
Article XXIII "General Provisions", Section 2307: Permitted Yard Encroachments, #2
(Clarified setback requirements for patios, porches and decks.)
Article II "Definitions"
(Added definitions of `patio', `porch' and `deck'. Amended the definition of `tourist home' and moved it to
`bed and breakfast facilities'.)
Article VII "RM-1 Low Density Multiple Family Residential Districts", Section 700:
Principal Permitted Uses, #4
(Amended the requirements for tourist homes bed and breakfast facilities.)
November 2003
Article II "Definitions"
(Added definitions of `assisted living facility', `hospice care', `hospice care facility' and `nursing home'.
Amended definitions of `commercial kennel', `loading space', `convalescent home', `parking space' and `street'.
Deleted definition of `parking exempt district'.
January 2004
Article XXIII "General Provisions", Section 2334: Signs
(Amended nonconforming sign maintenance language. Added Multi-suite signage requirements. Amended to
regulate signage for lots with corner frontage, parallel frontage or water frontage.)
February 2004
Article XXIII "General Provisions", Section 2334: Signs
(Created provisions regarding the installation of "Community Promotional" banners on poles located on City
owned property)
April 2004
Article XXIII "General Provisions", Section 2311: Accessory structures and Buildings
(Created provisions regarding permits)
May 2004
Article XI "B-2, Convenience and Comparison Business", Section 1101: Special Land Uses
(added Indoor Theaters as a Special Use)
Article XIII "B-4, General Business", Section 1301: Special Land Uses
(added Taxi/Limousine services under Special Uses)
August 2004
Article IV "R", Section 401: Special Land Uses Permitted, #6
(Added new language allowing previously existing commercial buildings to sell alcohol as a special use in R-1.)
Article VI "RT", Section 601: Special Land Uses Permitted, #9
(Added new language allowing previously existing commercial buildings to sell alcohol as a special use in RT.)
Article VII "RM-1", Section 701: Special Land Uses Permitted, #6
(Added new language allowing previously existing commercial buildings to sell alcohol as a special use in RM-
1.)
Article VIII "RM-2", Section 801: Special Land Uses Permitted, #3
(Added new language allowing previously existing commercial buildings to sell alcohol as a special use in RM-
2.)
Article VIX, "RM-3", Section 901: Special Land Uses Permitted, #2
(Added new language allowing previously existing commercial buildings to sell alcohol as a special use in RM-
3.)
January 2005
Article XXIII "General Provisions", Section 2331: Landscaping, Fencing, Walls, Screens,
and Lighting, #19
(Amended the outdoor light in all districts language to be "Outdoor lighting" from "Street lighting".)
Article IV, "R-1, One Family Residential Districts". Section 404: Area and Bulk
Requirements, #7
(Amended the front setback requirement for a major street to be the same as a collector street, to match Table I)
Article VI, "R-T, Two Family Residential Districts". Section 603: Area and Bulk
Requirements, #7
(Amended the front setback requirement for a major street to be the same as a collector street, to match Table I)
Article VII, "RM-1, Low Density Multiple-Family Residential Districts". Section 703: Area
and Bulk Requirements, #9
(Amended the front setback requirement for a major street to be the same as a collector street, to match Table I)
Article VIII, "RM-2, Medium Density Multiple Family Residential Districts". Section 803:
Area and Bulk Requirements, #9
(Amended the front setback requirement for a major street to be the same as a collector street, to match Table I)
Article IX, "RM-3, High Density Multiple Family Residential Districts". Section 903: Area
and Bulk Requirements, #9
(Amended the front setback requirement for a major street to be the same as a collector street, to match Table I)
Article IX, "MC, Medical Care Districts". Section 907: Area and Bulk Requirements, #6
(Amended the front setback requirement for a major street to be the same as a collector street, to match Table I)
Article X, "B-1, Limited Business Districts". Section 1003: Area and Bulk Requirements, #6
(Amended the front setback requirement for a major street to be the same as a collector street, to match Table I)
Article XI, "B-2, Convenience and Comparison Business Districts". Section 1103: Area and
Bulk Requirements, #18
(Amended the front setback requirement for a major street to be the same as a collector street, to match Table I)
Article XII, "B-3, Central Business Districts". Section 1203: Area and Bulk Requirements,
#6
(Amended the front setback requirement for a major street to be the same as a collector street, to match Table I)
Article XIII, "B-4, General Business Districts". Section 1303: Area and Bulk Requirements,
#6
(Amended the front setback requirement for a major street to be the same as a collector street, to match Table I)
Article XIII, "B-5, Governmental Service District". Section 1308: Area and Bulk
Requirements, #6
(Amended the front setback requirement for a major street to be the same as a collector street, to match Table I)
Article XIV, "I-1, Light Industrial Districts". Section 1403: Area and Bulk Requirements, #6
(Amended the front setback requirement for a major street to be the same as a collector street, to match Table I)
Article XV, "I-2, General Industrial Districts". Section 1503: Area and Bulk Requirements,
#6
(Amended the front setback requirement for a major street to be the same as a collector street, to match Table I)
Article XV, "WI-PUD, Waterfront Industrial Planned Unit Development Districts". Section
1507: Area and Bulk Requirements, #6
(Amended the front setback requirement for a major street to be the same as a collector street, to match Table I)
Article XVI, "OSC, Open Space Conservation Districts". Section 1603: Area and Bulk
Requirements, #6
(Amended the front setback requirement for a major street to be the same as a collector street, to match Table I)
Article XVII, "OSR, Open Space Recreation Districts". Section 1703: Area and Bulk
Requirements, #6
(Amended the front setback requirement for a major street to be the same as a collector street, to match Table I)
Article XVIII, "LR, Lakefront Recreation Districts". Section 1803: Area and Bulk
Requirements, #8
(Amended the front setback requirement for a major street to be the same as a collector street, to match Table I)
Article XIX, "WM, Waterfront Marine Districts". Section 1903: Area and Bulk
Requirements, #9
(Amended the front setback requirement for a major street to be the same as a collector street, to match Table I)
Article XX, "H, Heritage Districts". Section 2003: Area and Bulk Requirements, #6
(Amended the front setback requirement for a major street to be the same as a collector street, to match Table I)
March 2005
Article XXIII, "General Provisions". Section 2319: Residential Design Criteria, #9
(Amended the minimum storage space in multi-family dwelling units)
April 2005
Article XXIII, "General Provisions". Section 2334: Signs (#10)
(Amended the sign ordinance regarding campus signage)
Article II, "Definitions"
(Added definitions for `Informational Sign' )
Article II, "General Provisions"
(Amended definition of `Setback-Front')
May 2005
Article XI, "B-2 Convenience and Comparison Business", Section 1101: Special Land Uses
Permitted
(Added veterinary clinics, without outdoor kennels, as special use)
June 2005
Article XXIII, "General Provisions". Section 2334: Signs (#4)
(Amended the sign ordinance regarding "Prohibited Signs (all districts", added "A-frame" language)
August 2005
Article XXIII, "General Provisions". Section 2334: Signs (#5)
(Amended the sign ordinance regarding "Exempt Signs" to allow "One additional flag per premise".)
Article XXIII, "General Provisions". Section 2331: Landscaping, Fencing, Walls, Screens
and Lighting (#16)
(Amended the ordinance regarding "Corner Clearance" to include "driveways".)
September 2005
Article II, "Definitions"
(Amended definitions for `Hotel' and `Motel' )
Article XXV, "Zoning Board of Appeals". Section 2501
(Amended the language on `Creation and Membership' to require 2/3 concurring vote of the members to grant a
use variance.)
October 2005
Article XXIII, "General Provisions". Section 2334: Signs (#7)
(Amended the sign ordinance to add MC in `Permitted Signs')
Article XI, "B-2 Convenience and Comparison Business", Section 1101: Special Land Uses
Permitted (Added `Antique Shops', as special use)
Article II, "Definitions"
(Added definition for `Antique Shop' )
January 2006
Article XXIII, "General Provisions". Section 2311: Accessory Structures & Buildings (#9)
(Amended to prohibit `Solid Fuel Heating Appliances')
Article II, "Definitions"
(Added definition for `Solid Fuel Heating Appliance' )
March 2006
Article XX, "H, Heritage Districts". Section 2000: Principal Uses Permitted (#5) and
Section 2001, Special Land Uses Permitted (#7, 8, & 9)
(Amended to include additional principal uses for properties fronting on W. Western Avenue between 4th and 9th
Streets and additional special uses for the entire H, Heritage District)
April 2006
Article XXIII, "General Provisions". Section 2334: Signs (#5)
(Amended to allow a building wrap for a building undergoing construction or major renovation)
Article II, "Definitions" (Added definition for `Building Wrap)
Article XXIII, "General Provisions". Section 2323: Flood Hazard Areas (#3)
(Amended regarding reference numbers for the Michigan Residential Code and Michigan Building Code)
Article XXII, "Nonconforming Lots, Uses, and Structures". Sections 2200, 2201, 2202, 2203)
(Amended and updated the entire Section with the exception of Section 2005)
June 2006
Article XXIII, "General Provisions". Section 2321: Wireless Communication Service
Facilities (#2) (Amended substitute 2301 Harvey Street for 1350 E. Keating Avenue as Wireless
Communication Service Facility)
July 2006
Article XXIII, "General Provisions". Section 2334: Signs (#6, b) (Amended to add wall signage
for lawful institutional uses such as churches and schools)
August 2006
Article XXIII, "General Provisions". Section 2319:Residential Design Criteria (#2)
(Amended regarding roof pitch of additions to correspond to the principal structure)
Article XXIII, "General Provisions". Section 2334: Signs (#5,hb)
(Amended to clarify window signage allotments)
November 2006
Article XXIV, "Administration and Enforcement". Section 2405: Petitions, Fees (paragraph
#2) (Amended regarding Planning Commission notices in areas within 300 feet)
Article XXV, "Zoning Board of Appeals". Section 2503: Appeals, filing Procedure and Fees
(paragraph #1) (Amended regarding "aggrieved parties" language)
Article XXV, "Zoning Board of Appeals". Section 2504: Appeals, filing Hearings, Notices,
and Adjournments (#1) (Amended regarding newspaper notice for ZBA)
Amendment to the Preamble. (Amended reference to the Michigan Zoning Enabling Act of 2006)
Article XII, "B-3, Central Business District". Section 1200: Principal Uses Permitted #9.
(Amended requirement for minimum lot size for residential uses as part of a building)
Article XII, (B-3, Central Business District). Section 1202: Special Land Uses Permitted, #7.
(Added multi-family residential uses as special use)
Article XXV, "Zoning Board of Appeals". Section 2501: Creation and Membership
(paragraph 4) (Amended regarding the removal of a ZBA member for malfeasance)
January 2007
Article XXV, "Zoning Board of Appeals". Section 2501: Creation and Membership
(paragraph 1) (Amended regarding the appointment of a successor ZBA member within one month )
Article XXV, "Zoning Board of Appeals". Section 2504: Appeals, filing Hearings, Notices,
and Adjournments (#1) (Amended regarding newspaper notice for ZBA, removed weekend & holiday
language)
March 2007
Article XXIII, "General Provision"s, Section 2308: Outdoor Seating (Amended allowing
outdoor seating for restaurants, and similar uses)
Article XXIII, "General Provisions", Section 2319, (#22): Residential Design Criteria
(Amended to require native vegetative ground cover.)
May 2007
Article XX, "H, Heritage District". (Amended to remove the H, Heritage District from the ordinance)
Article IV, "R, One Family Residential District, Section 401: Special Land Uses Permitted
(Added bed and breakfast facilities as a special land use with conditions.)
Article XII, "B-3, Central Business", Section 1200: Permitted Uses (Amended to clarify retail
sales in a B-3 zoning district)
Article XII, "B-3, Central Business", Section 1201: Special Land Uses Permitted (Amended to
allow additional special land uses)
June 2007
Article XXIII, "General Provisions", Section 2326:Off-Street Parking and Loading (Amended
to reduce the number of residential parking spaces in the Downtown Parking Overlay District)
TABLE OF CONTENTS
TITLE ............................................................................................................................................ 1
PREAMBLE.................................................................................................................................. 1
ENACTING CLAUSE.................................................................................................................. 1
ARTICLE I - SHORT TITLE [AMENDED 3/98]..................................................................... 2
SECTION 100: SHORT TITLE:................................................................................................. 2
ARTICLE II DEFINITIONS [AMENDED 3/98] ................................................................... 2
SECTION 201: DIAGRAMS, GRAPHICS AND ILLUSTRATIONS PERTINENT TO THE
DEFINITIONS IN THIS ORDINANCE:................................................................................... 30
ARTICLE III - ZONING DISTRICTS AND MAP................................................................. 39
SECTION 300: DISTRICTS..................................................................................................... 39
SECTION 301: BOUNDARIES ............................................................................................... 39
SECTION 302: ZONING OF VACATED AREAS:................................................................. 39
SECTION 303: ZONING OF ANNEXED AREAS:................................................................. 40
SECTION 304: DISTRICT REQUIREMENTS: ...................................................................... 40
ARTICLE IV - R ONE FAMILY RESIDENTIAL DISTRICTS........................................... 41
PREAMBLE.............................................................................................................................. 41
SECTION 400: PRINCIPAL USES PERMITTED................................................................... 41
SECTION 401: SPECIAL LAND USES PERMITTED [AMENDED 2/02] ................................ 43
SECTION 402: [RESERVED] [AMENDED 8/01] ...................................................................... 47
SECTION 403: PLANNED UNIT DEVELOPMENT OPTION [AMENDED 12/97] ................. 47
SECTION 404: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .............................. 48
ARTICLE V - MHP MOBILE HOME PARK DISTRICTS.................................................. 51
PREAMBLE.............................................................................................................................. 51
SECTION 500: HEIGHT REGULATIONS.............................................................................. 51
SECTION 501: AREA REGULATIONS ................................................................................. 51
SECTION 502: SETBACK....................................................................................................... 51
SECTION 503: LANDSCAPING............................................................................................. 51
SECTION 504: YARDS ........................................................................................................... 53
SECTION 505: SERVICE DRIVES AND SIDEWALKS........................................................ 53
SECTION 506: WATER AND SANITARY SEWER.............................................................. 53
SECTION 507: STORM WATER ............................................................................................ 53
SECTION 508: FUEL OIL AND GAS STORAGE .................................................................. 53
SECTION 509: DISPOSAL OF GARBAGE AND TRASH..................................................... 53
SECTION 510: UNDERGROUND WIRING........................................................................... 53
SECTION 511: [RESERVED] [AMENDED 2/02] ...................................................................... 54
SECTION 512: FIRE PROTECTION....................................................................................... 54
SECTION 513: OTHER REQUIREMENTS............................................................................ 54
SECTION 514: SITE PLAN REVIEW ..................................................................................... 55
SECTION 515: SPECIAL LAND USES PERMITTED ........................................................... 56
i
ARTICLE VI - RT TWO FAMILY RESIDENTIAL DISTRICTS....................................... 57
PREAMBLE.............................................................................................................................. 57
SECTION 600: PRINCIPAL USES PERMITTED................................................................... 57
SECTION 601: SPECIAL LAND USES PERMITTED [AMENDED 2/02] [AMENDED 2/03]..... 59
SECTION 602: PLANNED UNIT DEVELOPMENTS [AMENDED 10/98] .............................. 62
SECTION 603: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .............................. 62
ARTICLE VII - RM-1 LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL
DISTRICTS................................................................................................................................. 64
PREAMBLE.............................................................................................................................. 64
SECTION 700: PRINCIPAL USES PERMITTED................................................................... 64
SECTION 701: SPECIAL LAND USES PERMITTED [AMENDED 2/02] [AMENDED 2/03]..... 67
SECTION 702: PLANNED UNIT DEVELOPMENT [AMENDED 10/98]................................. 69
SECTION 703: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .............................. 69
ARTICLE VIII - RM-2 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL
DISTRICTS................................................................................................................................. 72
PREAMBLE.............................................................................................................................. 72
SECTION 800: PRINCIPAL USES PERMITTED................................................................... 72
SECTION 801: SPECIAL LAND USES PERMITTED [AMENDED 2/02] [AMENDED 2/03]..... 72
SECTION 802: PLANNED UNIT DEVELOPMENT [AMENDED 10/98]................................. 74
SECTION 803: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .............................. 74
ARTICLE IX - RM-3 HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL
DISTRICTS................................................................................................................................. 76
PREAMBLE.............................................................................................................................. 76
SECTION 900: PRINCIPAL USES PERMITTED................................................................... 76
SECTION 901: SPECIAL LAND USES PERMITTED [AMENDED 2/02] [AMENDED 2/03]..... 77
SECTION 902: PLANNED UNIT DEVELOPMENTS [AMENDED 10/98] .............................. 78
SECTION 903: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .............................. 78
MC MEDICAL CARE DISTRICTS [AMENDED 2/03] ........................................................ 81
PREAMBLE.............................................................................................................................. 81
SECTION 904: PRINCIPAL USES PERMITTED................................................................... 81
SECTION 905: SPECIAL LAND USES PERMITTED ........................................................... 82
SECTION 906: PLANNED UNIT DEVELOPMENTS............................................................ 83
SECTION 907: AREA AND BULK REQUIREMENTS ......................................................... 84
ARTICLE X - B-1 LIMITED BUSINESS DISTRICTS ......................................................... 86
PREAMBLE.............................................................................................................................. 86
SECTION 1000: PRINCIPAL USES PERMITTED................................................................. 86
SECTION 1001: SPECIAL LAND USES PERMITTED ......................................................... 87
SECTION 1002: PLANNED UNIT DEVELOPMENTS [AMENDED 10/98] ............................ 87
SECTION 1003: AREA AND BULK REQUIREMENTS [AMENDED 4/00] ............................ 88
ARTICLE XI - B-2 CONVENIENCE AND COMPARISON BUSINESS DISTRICTS ..... 90
PREAMBLE.............................................................................................................................. 90
SECTION 1100: PRINCIPAL USES PERMITTED................................................................. 90
ii
SECTION 1101: SPECIAL LAND USES PERMITTED ......................................................... 91
SECTION 1102: PLANNED UNIT DEVELOPMENTS [AMENDED 10/98] ............................ 94
SECTION 1103: AREA AND BULK REQUIREMENTS [AMENDED 4/00] ............................ 94
ARTICLE XII - B-3 CENTRAL BUSINESS DISTRICT....................................................... 97
PREAMBLE.............................................................................................................................. 97
SECTION 1200: PRINCIPAL USES PERMITTED................................................................. 97
SECTION 1201: SPECIAL LAND USES PERMITTED ......................................................... 98
SECTION 1203: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .......................... 100
ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS................................................. 102
PREAMBLE............................................................................................................................ 102
SECTION 1300: PRINCIPAL USES PERMITTED............................................................... 102
SECTION 1301: SPECIAL LAND USES PERMITTED ....................................................... 103
SECTION 1302: PLANNED UNIT DEVELOPMENTS [AMENDED 10/98] .......................... 106
SECTION 1303: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .......................... 106
B-5 CENTRAL GOVERNMENTAL SERVICE DISTRICT [AMENDED 3/98] .............. 109
PREAMBLE............................................................................................................................ 109
SECTION 1304. PRINCIPAL USES PERMITTED:.............................................................. 109
SECTION 1305: PROHIBITED USES................................................................................... 110
SECTION 1306: SPECIAL LAND USES .............................................................................. 110
SECTION 1307: PLANNED UNIT DEVELOPMENTS [RENUMBERED 10/98] .................... 111
SECTION 1308: AREA AND BULK REQUIREMENTS [RENUMBERED 10/98, AMENDED 4/00]
................................................................................................................................................. 111
ARTICLE XIV - I-1 LIGHT INDUSTRIAL DISTRICTS................................................... 114
PREAMBLE............................................................................................................................ 114
SECTION 1400: PRINCIPAL USES PERMITTED............................................................... 114
SECTION 1401: SPECIAL LAND USES PERMITTED ....................................................... 115
SECTION 1402: PLANNED UNIT DEVELOPMENTS [AMENDED 10/98] .......................... 116
SECTION 1403: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .......................... 116
SECTION 1404: BUSINESS CONDUCT LIMITATION...................................................... 118
ARTICLE XV - I-2 GENERAL INDUSTRIAL DISTRICTS.............................................. 119
PREAMBLE............................................................................................................................ 119
SECTION 1500: PRINCIPAL USES PERMITTED............................................................... 119
SECTION 1501: SPECIAL LAND USES PERMITTED ....................................................... 119
SECTION 1502: PLANNED UNIT DEVELOPMENTS [AMENDED 10/98] .......................... 120
SECTION 1503: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .......................... 120
WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT
DISTRICTS [AMENDED 4/00]............................................................................................... 122
PREAMBLE............................................................................................................................ 122
SECTION 1504: USES PERMITTED.................................................................................... 122
SECTION 1505: PROHIBITED USES................................................................................... 124
SECTION 1506: REVIEW STANDARDS............................................................................. 124
SECTION 1507: AREA AND BULK REQUIREMENTS ..................................................... 125
iii
ARTICLE XVI - OSC OPEN SPACE CONSERVATION DISTRICTS............................ 128
PREAMBLE............................................................................................................................ 128
SECTION 1600: PRINCIPAL USES PERMITTED............................................................... 128
SECTION 1601: SPECIAL LAND USES PERMITTED ....................................................... 128
SECTION 1602: PLANNED UNIT DEVELOPMENTS [AMENDED 10/98] .......................... 129
SECTION 1603: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .......................... 129
ARTICLE XVII - OSR OPEN SPACE RECREATION DISTRICTS................................ 131
PREAMBLE............................................................................................................................ 131
SECTION 1700: PRINCIPAL USES PERMITTED............................................................... 131
SECTION 1701: SPECIAL LAND USES PERMITTED ....................................................... 131
SECTION 1702: PLANNED UNIT DEVELOPMENT [AMENDED 10/98]............................. 132
SECTION 1703: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .......................... 132
ARTICLE XVIII - LR LAKEFRONT RECREATION DISTRICTS................................. 134
PREAMBLE............................................................................................................................ 134
SECTION 1800: PRINCIPAL USED PERMITTED.............................................................. 134
SECTION 1801: SPECIAL LAND USES PERMITTED ....................................................... 134
SECTION 1802: PLANNED UNIT DEVELOPMENTS [AMENDED 10/98] .......................... 135
SECTION 1803: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .......................... 135
ARTICLE XIX - WM WATERFRONT MARINE DISTRICTS......................................... 137
PREAMBLE............................................................................................................................ 137
SECTION 1900: PRINCIPAL USES PERMITTED............................................................... 137
SECTION 1901: SPECIAL LAND USES PERMITTED ....................................................... 137
SECTION 1902: PLANNED UNIT DEVELOPMENTS [AMENDED 10/98] .......................... 138
SECTION 1903: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .......................... 138
ARTICLE XX - [RESERVED]................................................................................................ 140
ARTICLE XXI - SCHEDULE OF REGULATIONS AND DEVELOPMENT OPTIONS139
SECTION 2100........................................................................................................................ 140
SECTION 2101: DEVELOPMENT OPTIONS...................................................................... 140
SECTION 2102: PLANNED UNIT DEVELOPMENT OVERLAY...................................... 143
TABLE I: HEIGHTS, AREAS, AND YARDS [AMENDED 4/00] ..................................... 145
PREAMBLE............................................................................................................................ 145
TABLE I: HEIGHTS, AREAS, AND YARDS....................................................................... 146
TABLE NOTES....................................................................................................................... 147
ARTICLE XXII NONCONFORMING LOTS, USES, AND STRUCTURES................. 148
SECTION 2200: INTENT....................................................................................................... 148
SECTION 2201: NONCONFORMING LOTS....................................................................... 148
SECTION 2202: NONCONFORMING USES OF LAND ..................................................... 148
SECTION 2203: NONCONFORMING STRUCTURES ....................................................... 149
SECTION 2204: [RESERVED] .............................................................................................. 150
SECTION 2205: POWER OF CONDEMNATION................................................................ 150
iv
ARTICLE XXIII - GENERAL PROVISIONS [ARTICLE AMENDED 3/23/98] ............. 152
SECTION 2300: INTENT AND PURPOSE........................................................................... 152
SECTION 2301: EFFECT OF ZONING................................................................................. 152
SECTION 2302: LAND DISTURBANCES........................................................................... 152
SECTION 2303: PLOT PLAN REQUIRED........................................................................... 153
SECTION 2304: ONE BUILDING TO A LOT....................................................................... 154
SECTION 2305: REDUCTION OF PARCELS BELOW MINIMUM REQUIRED SIZE,
WIDTH, OR DEPTH............................................................................................................... 154
SECTION 2306: ALLOCATION OF LOT AREAS & CONFIGURATION OF LOTS ......... 154
SECTION 2307: PERMITTED YARD ENCROACHMENTS .............................................. 155
SECTION 2308: OUTDOOR SEATING [AMENDED 3/97, AMENDED 4/00] [AMENDED 3/07]155
SECTION 2309: HEIGHT REGULATIONS.......................................................................... 156
SECTION 2310: [RESERVED] [AMENDED 4/00] .................................................................. 157
SECTION 2311: ACCESSORY STRUCTURES & BUILDINGS [AMENDED 4/04].............. 157
SECTION 2312: UTILITY AND PUBLIC SERVICE BUILDINGS...................................... 158
SECTION 2313: [RESERVED] [AMENDED 4/00] .................................................................. 158
SECTION 2314: [RESERVED] [AMENDED 4/00] .................................................................. 158
SECTION 2315: [RESERVED] [AMENDED 3/97, AMENDED 4/00]......................................... 158
SECTION 2316: STORAGE OF VEHICLES......................................................................... 158
SECTION 2317: EXTERIOR SWIMMING POOLS & HOT TUBS...................................... 159
SECTION 2318: [RESERVED] [AMENDED 8/02] .................................................................. 159
SECTION 2319: [RESIDENTIAL DESIGN CRITERIA] [AMENDED 7/98, AMENDED 4/00,
AMENDED 8/01, AMENDED 4/02, AMENDED 3/05] ..................................................................... 159
SECTION 2320: PRIVATE STREETS .................................................................................. 163
SECTION 2321: WIRELESS COMMUNICATION SERVICE FACILITIES [AMENDED 12/97]
................................................................................................................................................. 164
SECTION 2322: DAY CARE/CHILD CARE FACILITIES .................................................. 169
SECTION 2323: FLOOD HAZARD AREAS ........................................................................ 170
SECTION 2324: TEMPORARY BUILDINGS, STRUCTURES AND USES [AMENDED 10/02]
................................................................................................................................................. 172
SECTION 2325: PERFORMANCE GUARANTEES AND PERFORMANCE BONDING
FOR COMPLIANCE............................................................................................................... 175
SECTION 2326: OFF-STREET PARKING AND LOADING [AMENDED 2/02].................... 177
Figure 23-2: Downtown Parking Overlay District .............................................................. 180
SECTION 2327: [RESERVED] [AMENDED 2/02] .................................................................. 186
SECTION 2328: [RESERVED] [AMENDED 2/02] ................................................................... 186
SECTION 2329: OFF-STREET LOADING AND UNLOADING......................................... 186
SECTION 2330: SITE PLAN REVIEW [AMENDED 1/00]...................................................... 186
SECTION 2331: LANDSCAPING, FENCING, WALLS, SCREENS AND LIGHTING
[AMENDED 4/00] ....................................................................................................................... 194
SECTION 2332: SPECIAL LAND USES AND PLANNED UNIT DEVELOPMENTS....... 201
SECTION 2333: [RESERVED] [AMENDED 4/00] .................................................................. 202
SECTION 2334: SIGNS [AMENDED 8/98] .............................................................................. 202
TABLE II: SIGN AREA AND HEIGHT LIMITATIONS.................................................. 217
ARTICLE XXIV - ADMINISTRATION AND ENFORCEMENT ..................................... 219
v
SECTION 2400: ENFORCEMENT ....................................................................................... 219
SECTION 2401: DUTIES AND POWERS ............................................................................ 219
SECTION 2402: BUILDING PERMITS ................................................................................ 219
SECTION 2403: CERTIFICATE OF OCCUPANCY ............................................................ 219
SECTION 2404: ZONE CHANGES AND AMENDMENTS ................................................ 220
SECTION 2405: PETITIONS, FEES [AMENDED 3/97]........................................................... 220
SECTION 2406: PROTEST PETITIONS............................................................................... 220
SECTION 2407: VIOLATION AND PENALTIES [AMENDED 5/12/98]. .............................. 220
SECTION 2408: PUBLIC NUISANCE PER SE .................................................................... 221
SECTION 2409: RIGHTS AND REMEDIES ARE CUMULATIVE..................................... 221
SECTION 2410: FORBEARANCE NOT CONDONED ....................................................... 221
SECTION 2411: EACH DAY A SEPARATE OFFENSE...................................................... 221
SECTION 2412: ZONING COMMISSION............................................................................ 221
ARTICLE XXV - ZONING BOARD OF APPEALS [AMENDED 11/00].......................... 222
SECTION 2500: PURPOSE AND INTENT........................................................................... 222
SECTION 2501: CREATION AND MEMBERSHIP [AMENDED 9/05] ................................. 222
SECTION 2502: POWERS AND DUTIES ............................................................................ 222
SECTION 2503: APPEALS, APPLICATIONS, FILING PROCEDURE AND FEES [AMENDED
3/97]......................................................................................................................................... 225
SECTION 2504: HEARINGS, NOTICES, ADJOURNMENTS ............................................ 226
SECTION 2505: TERMINATION OF VARIANCE .............................................................. 227
ARTICLE XXVI - [RESERVED] ........................................................................................... 228
ARTICLE XXVII - REPEAL OF PRIOR ORDINANCE.................................................... 228
ARTICLE XXIII - VESTED RIGHT ..................................................................................... 228
ARTICLE XXIX - SEVERANCE CLAUSE.......................................................................... 228
ARTICLE XXX - ADOPTION AND EFFECTIVE DATE .................................................. 228
vi
ZONING ORDINANCE
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
TITLE
AN ORDINANCE, enacted under Act 207, Public Acts of 1921, as amended, governing the
incorporated portions of the City of Muskegon, Muskegon County, Michigan, to regulate and
restrict the location and use of buildings, structures and land, for trade, industry, residence and
for public and semipublic or other specified uses; and to regulate and limit the height and bulk of
buildings, and other structures; to regulate and to determine the size of yards, courts, and open
spaces; to regulate and limit the density of population; and for said purposes to divide the
Municipality into districts and establish boundaries thereof; provide for changes in the
regulations, restrictions and boundaries of such districts; define certain terms used herein;
provide for enforcement; establish a Board of Appeals; and impose penalties for the violation of
this Ordinance.
PREAMBLE
[amended 12/06]
An ordinance enacted under the provisions and authority of the Public Acts of the State of
Michigan to establish districts and zones within which the use of land and structures, the height,
area, size, and location of buildings are regulated, and within which districts, zone regulations are
established for the light and ventilation of such buildings, and within which districts, density of
population is regulated; to provide for the acquisition by purchase, condemnation, or otherwise,
of private property which does not conform to the regulations and restrictions of the various
zones or districts provided; to provide for the administering of this Ordinance; to provide for
amendments, supplements, or changes hereto; all in accordance with an adopted Land Use Plan
and Housing Plan as provided in Public Act 110, of 2006, the Municipal Planning Act, as
amended, being the Michigan Zoning Enabling Act, M.C.L. 1253101, et seq. hereinafter referred
to as the "Zoning Act".
ENACTING CLAUSE
The City of Muskegon Ordains:
1
ARTICLE I - SHORT TITLE [Amended 3/98]
SECTION 100: SHORT TITLE:
This Ordinance shall be known and may be cited as the City of Muskegon Zoning Ordinance.
ARTICLE II DEFINITIONS [Amended 3/98]
For the purposes of this Ordinance, certain terms, or words used herein shall be interpreted as
follows:
1. All words used in the present tense shall include the future; all words in the singular
number include the plural number, and all words in the plural number include the singular
number; and the word "building" includes the word "structure", and the word "dwelling"
includes "residence"; the word "person" includes "corporation", "association", as well as
an "individual"; the word "shall" is mandatory and the word "may" is permissive; the
word "lot" includes the words "plot" or "parcel"; the words "used" or "occupied" includes
the words "intended", "designed" or "arranged to be used or occupied".
2. The words "this Ordinance" means the text of this Ordinance as well as all maps, tables,
graphics, schedules as included or attached as enacted or subsequently amended.
3. Unless the context clearly indicates to the contrary, where a regulation involves two or
more items, conditions, provisions, or events connected by the conjunction "and," "or,"
"either...or," the conjunction shall be interpreted as follows:
a. "And" indicates that all the connected items, conditions, provisions, or events
shall apply.
b. "Or" indicates the connected items, conditions, provisions or events may apply
singly or in any combination.
c. "Either...or" indicates that the connected items, conditions, provisions, or events
shall apply singly, but not in combination.
4. Terms not herein defined shall have the meaning customarily assigned to them in the
Webster New Collegiate Dictionary.
5. Terms defined:
Abutting (lot or parcel): A lot or parcel which shares a common border with the subject lot or
parcel.
2
Accessory Building: A building or structure customarily incidental and subordinate to the
principal structure and located on the same lot as the principal building. Does not include any
building or structure designed to be used for human habitation.
Accessory Use: A use customarily incidental and subordinate to the principal use of the land or
building and located on the same lot as the principal use.
Adult: A person eighteen (18) years of age or older or a person who is placed in an adult foster
care family home or an adult foster care small group home pursuant to Section 5 (6) or (8) of
1973 PA 116, MCL 722.115. [amended 11/02]
Adult Bookstore: An establishment wherein more than twenty (20) percent of its stock in trade is
comprised of books, magazines, and other publications having as dominant theme, matter
depicting, describing, or relating to "Specified Sexual Activities" or "Specified Anatomical
Areas" as defined in this Article, or an establishment with a segment or section devoted to the
sale or display of such material.
Adult Foster Care Home or Facility: (See Foster Care Facilities - Adult) [amended 11/02]
Adult Motion Picture Theater: An enclosed building or outdoor area used for presenting filmed
material distinguished or characterized by an emphasis on matter depicting, describing, or
relating to "Specified Sexual Activities" or "Specified Anatomical Areas" as defined in this
Article for observation by patrons therein.
Agriculture: The carrying on of any agricultural activity, including the raising of trees, crops,
plants, livestock, small animals or fowl.
Alley: Any dedicated public way affording a secondary means of access to abutting property.
Antique Shop; A retail establishment which sells objects having special value because of age,
especially domestic items, or a piece of furniture or handicraft esteemed for its artistry, beauty or
period of origin. [amended 10/05]
Apartment: A room or suite of rooms, including bath and kitchen facilities, in a two-family or
multiple family dwelling intended and designed for use as a residence by a single family.
Apartment House: (See dwelling, multiple-family).
Amusement Center: Any establishment providing recreation or entertainment games for pay
including, but not limited to, pinball, video games, pool, bowling, bingo, miniature golf, and
other like activities involving active participation by the customer.
Asphalt batching facilities: A temporary facility for the production and manufacture of asphalt
paving material.
3
Assisted Living Facility: A combination of housing, personalized supportive services and health
care designed to meet the individual needs of persons who need help with the activities of daily
living, but do not need the skilled medical care provided in a nursing home. The `activities of
daily living' are generally considered to include eating, bathing, dressing, getting to and using the
bathroom, getting in or out of bed or chair, and mobility. [amended 11/03]
Automobile Repair:
1. Major automobile repair: General repair, rebuilding or reconditioning of engines,
motor vehicles, or trailers; collision service, including body frame, or fender
straightening or repair; overall painting or paint shops; vehicle steam cleaning.
2. Minor automobile repair: Minor repairs, incidental body and fender work,
painting and upholstering, replacement of parts and motor service to passenger
automobiles and trucks not exceeding one and one-half (1-1/2) ton capacity, but
not including any operation specified under "major automobile repair".
Automobile or Trailer Sales Area: An open area other than a street used for the display, sale, or
rental of new or used automobiles or other motor vehicles.
Automobile Wrecking: The dismantling or disassembling of used motor vehicles or trailers, or
the storage, sale or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or
their parts.
Base Flood: The flood having a one (1) percent chance of being equaled or exceeded in any
given year.
Basement: That portion of a building which is partly or wholly below grade, but so located that
the vertical distance from the average grade to the floor is greater than the vertical distance from
the average grade to the ceiling. A basement shall not be counted as a story (see Figure 2-1).
Bed & Breakfast Facilities: A use which is subordinate to the principal use of a dwelling unit as
a single-family dwelling unit in which transient guests are provided a sleeping room and board in
return for payment and which does not provide separate cooking facilities to such guests. Tourist
Homes and Bed & Breakfast Facilities are identical for the purposes of this ordinance.
Bedroom: A room used exclusively for sleeping.
Berm: A mound of earth graded, shaped and improved with landscaping in such a fashion as to
be used for visual and/or audible screening purposes to provide a transition between uses of
differing intensity.
Block: The property abutting one (1) side of a street and lying between the two (2) nearest
intersecting streets (crossing or terminating), or between the nearest such street and railroad
right-of-way, unsubdivided acreage, lake, river, or stream or corporate boundary lines of the
Municipality.
4
Board of Appeals: The Zoning Board of Appeals of the City of Muskegon (as provided for in
this Ordinance).
Buffer Zone: A strip of land reserved for plant material, berms, walls, or fencing to serve as a
visual and/or sound barrier between properties, often between abutting properties and properties
in different zoning districts. Landscaping, berms, fencing or open space can also be used to
buffer noise, light and related impacts from abutting properties.
Building: Any structure, either temporary or permanent, having a roof supported by columns,
walls, or any other supports, which is used for the purpose of housing, sheltering, storing, or
enclosing persons, animals, or personal property, or carrying on business activities. This
definition includes but is not limited to: mobile homes, sheds, garages, greenhouses, and other
principal or accessory structures.
Building Lines: A line which defines the minimum distance (as determined by the minimum
front, side, or rear setback) which any building shall be located from a property line, existing
street right-of-way line, or ordinary high water mark. [amended 10/02]
Building Official: Any individual established by the City of Muskegon to administer and enforce
the provisions of all building codes as adopted and amended.
Building Permit: A permit issued by the city signifying that a proposed repair, reconstruction, or
construction complies with the construction codes of the city and other ordinances.
Building, Principal: A building in which is conducted the main or principal use of the lot on
which it is located.
Building Wrap A large "banner-type" display typically composed of pictorial and text elements
which is constructed of reinforced vinyl or porous mesh-like material and is temporarily attached
to one or more exterior walls of a building.
Cabaret: Any place which features topless dancers, go-go dancers, exotic dancers, strippers,
male or female impersonators, singers, comics, or similar entertainers.
Caliper: The diameter of a tree trunk four feet ( 4') from the ground.
Campus: The grounds of a school, college, university, hospital, or governmental entity, when
said grounds contain more than one principal building and drive entrances (or access) onto more
than one road. [amended 2/03]
Carport: A partially open structure of any construction type (including temporary carports),
intended to shelter one or more vehicles. Such structures shall comply with all setback
requirements applicable to garages. [amended 10/02]
Cellar: See definition of Basement.
5
Cemetery: Property, including crematories, mausoleums, and/or columbariums, used or intended
to be used solely for the perpetual interment of deceased human beings or customary household
pets.
Certificate of Compliance: See certificate of occupancy.
Certificate of Occupancy: A document signed by the Building Inspector as a condition precedent
to the commencement of a use after the construction/reconstruction of a structure or building
which acknowledges that such use, structure or building complies with the provisions of this
Ordinance.
Change of Use: A use of a building, structure or parcel of land, or portion thereof which is
different from the previous use in the way it is classified in this Ordinance or in the Building
Code, as amended.
Child Care Center or Day Care Center: A facility other than a private residence, receiving 1 or
more minor children for care for periods of less than 24 hours a day, and where the parents or
guardians are not immediately available to the child. Child care center or day care center does
not include a facility that provides care for less than 2 consecutive weeks, regardless of the
number of hours or care per day. The facility is generally described as child care center, day care
center, day nursery, nursery school, parent cooperative pre-school, play group, or drop-in center.
Child care center or day care center does not include a Sunday school conducted by a religious
organization where children are cared for during short periods of time while persons responsible
for such services are attending religious activities. [amended 8/97]
Child Day Care (Home): As defined in PA 116 of 1973, MCL 722.111, or successor
amendments or acts, means a private home in which more than 6 but not more than 12 minor
children are given care and supervision for periods of less than 24 hours a day unattended by a
parent or legal guardian, except children related to an adult member of the family by blood,
marriage, or adoption. Group day care home includes a home that gives care to an unrelated
minor child for more than 4 weeks during a calendar year.
Church: A building wherein persons regularly assemble for religious worship and which is
maintained and controlled by a religious body organized to sustain public worship, together with
all accessory buildings and uses customarily associated with such primary purpose. Includes
synagogue, temple, mosque, or other such place for worship and religious activities.
City Commission: The governing body of the city as provided in Chapter IV of the City of
Muskegon Charter.
Clearing (Land): The removal of vegetation from any site, parcel or lot except when land is
cleared and cultivated for bona fide agricultural or garden use in a district permitting such use.
Mowing, trimming, pruning or removal of vegetation to maintain it in a healthy, viable condition
is not considered clearing.
6
Clinic: An establishment where human patients who are not lodged over night are admitted for
examination and treatment by a group of physicians, dentists, other health care professionals, or
similar professions.
Club: An organization of persons for special purposes or for the promulgation of sports, arts,
sciences, literature, hobbies, politics, or the like, but not operated for profit.
Cluster Subdivision (PUD): A subdivision in which the lot sizes are reduced below those
normally required in the zoning district in which the development is located in return for the
provision of permanent open space.
Colocation: The use of a wireless telecommunication support facilities by more than one
wireless telecommunication provider. [amended 12/97]
Condominium Project: Means a plan or project consisting of not less than two (2) condominium
units if established and approved in conformance with the Condominium Act (Act 59, 1978), as
amended or a successor act.
Condominium Project (Subdivision): A division of land on the basis of condominium
ownership, which is not subject to the provisions of the Subdivision Control Act of 1967, Public
Act 288 of 1967, as amended, or successor act. Any "condominium unit", or portion thereof,
consisting of vacant land shall be equivalent to the term "lot" for the purposes of determining
compliance of a condominium subdivision with the provisions of this ordinance pertaining to
minimum lot size, minimum lot width, maximum lot coverage and maximum floor area ratio.
Condominium Subdivision Plan: The drawings attached to the master deed for a condominium
subdivision project which describe the size, location, area, horizontal and vertical boundaries and
volume of each condominium unit contained in the condominium subdivision project, as well as
the nature, location and size of common elements.
Condominium Unit: Is defined as that portion of a condominium project or condominium
subdivision project which is designed and intended for separate ownership and use, as described
in the master deed, regardless of whether it is intended for residential, office, industrial, business,
recreational use as a time-share unit, or any other type of use. A condominium unit may consist
of either vacant land or space which either encloses or is enclosed by a building structure.
Any "condominium unit" consisting of vacant land shall be equivalent to the term "lot" for the
purposes of determining compliance of a condominium subdivision project with the provisions
of this ordinance pertaining to minimum lot size, minimum lot width, maximum lot coverage and
maximum floor area ratio.
Condominium Documents: The master deed, recorded pursuant to the Condominium Act, P.A.
59 of 1978 as amended, and any other instrument referred to in the master deed or bylaws which
affects the rights and obligations of a co-owner of the condominium.
7
Conservation Easement: A nonpossessory interest in real property imposing limitations or
affirmative obligations, the purposes of which include retaining or protecting natural, scenic or
open space values of real property; assuring its availability for agricultural, forest, recreational or
open space use; protecting natural resources; or maintaining air or water quality.
Convalescent Home: An installation other than a hospital where two (2) or more persons
afflicted with illness, injury or an infirmity are housed or lodged, and furnished with nursing
care. [amended 11/03]
Correction Facility: A jail, prison, lock-up, or other building for the incarceration and residence
of prisoners, offenders, persons arrested or persons committed by a court or other lawful
authority.
Correctional Facility, Secured: A correctional facility which is constructed, altered or designed
to prevent an inmate or resident from leaving at any time except under the authority of the
committing court or authority.
Correctional Facility, Non-Secure: A correctional facility which is constructed, altered or
designed to provide supervised residence and coming in and leaving at scheduled or supervised
times or under supervised circumstances, of persons who are committed or assigned to the
facility by a court or other lawful authority, such as a parole or probation department.
Craft Shop: Any business establishment which produces articles for sale on the premises of
artistic quality or effect, or handmade workmanship. Examples include candle making, glass
blowing, weaving, pottery making, woodworking, sculpting, painting, and other associated
activities.
dBA: A measurement for sound pressure or the relative loudness of sound in decibels as
measured on a sound level meter using the A- weighting network. A decibel (dB) is a unit for
measuring the volume of a sound equal to twenty (20) times the logarithm to the base ten (10) of
the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20)
micropascals (20) micronewtons per square meter. All sound measurements shall be made on a
sound level meter which meets American National Standards Institute (ANSI) specifications
S1.4-1983; S1.4A-1985 or successor documents for type I or type II equipment. The sound level
meter must include a peak/hold circuit when measuring impulsive sound.
Deck: A floored structure that adjoins a house.
Development: The construction of a new building or other structures on a zoning lot, the
relocation of an existing building on another zoning lot, or the use of open land for a new use.
Development also means any man-made change to improved or unimproved real estate,
including but not limited to parking, fences, pools, signs, temporary uses, clearing of land,
mining, dredging, filling, grading, paving, excavation, or drilling operations.
8
Development Permit: A permit signifying compliance with the provisions of this Ordinance as to
design, use, activity, height, setbacks, density, site planning, special use status, and/or planned
unit development status.
Deed Restriction: A restriction on the use of a lot or parcel of land that is set forth in the deed
and recorded with the County Register of Deeds. It is binding on subsequent owners and is
sometimes also known as a restrictive covenant.
Density: The number of dwelling units situated on or to be developed on a net acre (or smaller
unit) of land, which shall be calculated by taking the total gross acreage and subtracting surface
water, undevelopable lands (e.g., wetlands) and the area in rights-of-way for streets and roads
(See Figure 2-6).
District: A portion of the incorporated area of the City within which certain regulations and
requirements or various combinations thereof apply under the provisions of this Ordinance.
Drive-In: A business establishment so developed that its retail or service character is dependent
on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons
while in the motor vehicle rather than within a building or structure.
Driveway: A means of access for vehicles from a street or approved alley across a lot or parcel
to a parking or loading area, garage, dwelling or other structure or area on the same lot, that is
located and constructed in accordance with the requirements of this Ordinance and any
requirements of the City or State of Michigan.
Dry Cleaning Plant: A building, portion of a building, or premises used or intended to be used
for cleaning fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation,
or by immersions only, in volatile solvents including, but not by way of limitation, solvents of
the petroleum distillate type, and/or the chlorinated hydrocarbon type, and the processes
incidental thereto.
Dwelling Unit: A building, or structure of portion thereof, designed for occupancy by one (1)
family for residential purposes as a single housekeeping unit. In no case shall a motor home,
trailer coach, automobile chassis, tent or portable building be considered a dwelling.
Dwelling, One Family: A building designed exclusively for and occupied exclusively by one (1)
family.
Dwelling, Two Family: A building designed exclusively for occupancy by two (2) families
living independently of each other.
Dwelling, Multiple Family: A building, or portion thereof, designed exclusively for occupancy
by three (3) or more families living independently of each other.
ECHO Housing Unit: A single, complete, self contained living unit created within an existing
single family dwelling. It has its own kitchen, bath, living area, sleeping area, usually a separate
9
entrance and is intended to provide accommodations for up to two (2) family members, as
defined in the ordinance, of the family occupying the dwelling.
Easement: A right, distinct from the ownership of the land, to cross property with facilities such
as, but not limited to, driveways, roads, utility corridors, sewer lines, water lines, and
transmission lines, or the right, distinct from the ownership of the land, to reserve and hold an
area for open space, recreation, drainage or access purposes.
Erected: Built, constructed, altered, reconstructed, moved upon, or any physical operations on
the premises which are required for construction excavation, fill, drainage, and the like, shall be
considered a part of erection.
Essential Services: The erection, construction, alteration, or maintenance by public utilities or
municipal departments of underground, surface, or overhead gas, electrical, steam, fuel, or water
transmission or distribution system, collection, public communication, supply or disposal
systems, including, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and
police call boxes, traffic signals, hydrants and similar equipment in connection herewith,
including buildings which are necessary for the furnishing of adequate service by such utilities or
municipal departments for the general health, safety, or welfare.
Excavation: Any breaking of ground, except common household gardening and ground care.
Family: means one of the following:
Family, Domestic: One or more persons living together and related by the bonds of
blood, marriage, guardianship, foster relation, or adoption, and not more than two
additional unrelated persons, with all such individuals being domiciled together as a
single, domestic, housekeeping unit in the dwelling.
Functional Family: The following persons shall be considered a functional family:
Persons living together in a dwelling unit whose relationship is of a permanent and
distinct character and is the functional equivalent of a domestic family, with a
demonstrable and recognizable bond which constitutes the functional equivalent of the
bonds which render the domestic family a cohesive unit. All persons of the functional
family must be cooking and otherwise housekeeping as a single, nonprofit unit. At least
one person in the functional family must be the record or equitable owner of the property
or dwelling unit, or the primary tenant under a written lease having a least one year's
duration. This definition shall not include any society, club, fraternity, sorority,
association, lodge, coterie, organization, rooming house, rooming units, or group where
the common living arrangement and/or the basis for the establishment of the functional
equivalency of the domestic family is likely or contemplated to exist for a limited or
temporary duration. The definition of functional family shall not include a living
arrangement where there exists less than 225 square feet of living space in the dwelling
unit per person residing therein, or insufficient off-street parking located entirely on the
property for all vehicles used by the said residents.
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Applicability: Living arrangements which would otherwise comply with the description
of a family shall not constitute a family if the said arrangements have occurred as a result
of commercial or other advertising, or the offering of rooms for rent. Any financial
arrangement, except a true sharing of the expenses of all the facilities in the single
household unit shall be presumed to constitute renting a room or rooms, and to have
resulted from the offering of rooms for rent or commercial or other advertising. Where
rooms have been rented, or persons live in the house in response to commercial
advertising or the offering of rooms for rent, the living arrangement shall be presumed to
constitute a rooming house and not a family. A person claiming the status of family shall
have the burden of proof of each of the elements set forth in the relevant definitions of
this ordinance.
Family Day Care Home: A private home in which 1 but fewer than 7 minor children are received
for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal
guardian, except children related to an adult member of the family by blood, marriage,
guardianship or adoption. Family day care home does not include a home that gives care to an
unrelated minor child for less than 4 weeks during a calendar year [amended 8/99].
Fence: An accessory structure artificially constructed as a barrier and made of wood, metal,
stone, brick, or any manufactured materials erected for the enclosure of yard areas.
Fence, Obscuring: A barrier of at least five (5) feet in height and located so as to serve as a
screen or barrier providing at least eighty (80) percent visual block.
Filling: Filling shall mean the depositing or dumping of any matter onto or into the ground,
except common household gardening and general ground care.
Flood or Flooding: A general and temporary complete inundation of normally dry land area
from:
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Hazard Area: That area subject to flooding, on the average of at least once in every
hundred years as established by the Federal Emergency Management Agency.
Flood Hazard Boundary Map (FHBM): An official map of the community, issued by the Federal
Insurance Administration, where the boundaries of the areas of special flood hazards have been
designated as Zone A.
Flood Insurance Rate Map (FIRM): An official map of the community, on which the Federal
Insurance Administration has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
11
Flood Insurance Study: The official report provided by the Federal Insurance Administration.
The report contains flood profiles, as well as the flood hazard boundary-floodway map and the
water surface elevation of the base flood.
Floor Area, Residential: The area in a dwelling unit included in the determination of occupancy
restrictions. It includes the sum of floor areas of bedrooms, and common living areas. The floor
area of storage areas and closet, basements without a second egress, attached garages,
breezeways, and enclosed and unenclosed porches shall be excluded.
Floor Area, Usable (for the purpose of computing parking): That area used for or intended to be
used for the sale of merchandise or services, or for use to serve patrons, clients, or customers.
Such floor area which is used or intended to be used principally for the storage or processing of
merchandise, hallways, or for utilities or sanitary facilities, shall be excluded from this
computation of "Usable Floor Area". Measurement of usable floor area shall be the product of
the horizontal areas of the several floors of the building, measured from the interior faces of the
exterior walls.
Footing: That portion of the foundation of a structure which spreads and transmits loads directly
to the soil or the pilings.
Foster Care Facilities - Adult: [per State Law] [amended 11/02]
Adult Foster Care Facility: A governmental or nongovernmental establishment that
provides foster care to adults, subject to the Michigan Foster Care Facility Licensing Act,
Act 218 of 1979.
Adult Foster Care Family Home: A private residence with the approved capacity to
receive six (6) or fewer adults to be provided with foster care five (5) or more days a
week and for two (2) or more consecutive weeks. The adult foster care family home
licensee shall be a member of the household, and an occupant of the residence.
Adult Foster Care Small Group Home: An adult foster care facility with the approved
capacity to receive twelve (12) or fewer adults to be provided with foster care.
Adult Foster Care Large Group Home: An adult foster care facility with the approved
capacity to receive at least thirteen (13) but not more than twenty (20) adults to be
provided with foster care.
Adult Foster Care Congregate Facility: An adult foster care facility with the approved
capacity to receive more than twenty (20) adults to be provided with foster care.
Foster Care Facilities - Family: [amended 11/02]
Foster Family Home: A private home in which 1 but not more than 4 minor children,
who are not related to an adult member of the household by blood, marriage, guardianship
12
or adoption, are given care and supervision for 24 hours a day, or 4 or more days a week,
of 2 or more consecutive weeks, unattended by a parent or legal guardian.
Foster Family Group Home: A private home in which more than 4 but fewer than 7
minor children, who are not related to an adult member of the household by blood,
marriage, guardianship or adoption, are provided care for 24 hours a day, for 4 or more
days a week, for 2 or more consecutive weeks, unattended by a parent or legal guardian.
Adult Foster Family Home: Any facility licensed by the State to provide foster care.
Fraternity House or Sorority House: A dwelling maintained exclusively for members affiliated
with an academic or professional college or university, or any other recognized institution of
higher learning.
Freight Transportation: Establishments primarily engaged in the transportation of freight as
defined by standard industrial codes 4424 and 4432. [amended 4/00]
Garage, Private: An accessory building or portion of a main building designed or used solely for
the storage of motor driven vehicles, boats, and similar vehicles owned and used by the
occupants of the building to which it is accessory.
Garage, Service: Any premises used for the storage or care of motor-driven vehicles, or where
any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.
Gasoline, Service Station (Automobile Service Station): A place for the dispensing, sale, or
offering for sale of motor fuels directly to users of motor vehicles together with the sale of minor
accessories and services for motor vehicles, but not including major automobile repair.
Golf Course/Country Club: Any golf course, public or private, where the game of golf is played,
including accessory uses and buildings customary thereto, but excluding golf driving ranges as a
principal use.
Grade: The ground elevation established for the purpose of regulating the number of stories and
the height of buildings. The building grade shall be the level of the ground adjacent to the walls
of the building if the finished grade is level. 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).
Greenbelt: A strip of land of definite width and location reserved for the planting of shrubs,
trees, or plants to serve as an obscuring screen or buffer strip in carrying out the requirements of
this Ordinance.
Group Day Care Home: A private home in which more than 6 but not more than 12 minor
children are given care and supervision for periods of less than 24 hours a day unattended by a
parent or legal guardian, except children related to an adult member of the family by blood,
marriage, guardianship or adoption. Group day care home does not include a home that gives
13
care to an unrelated minor child for less than 4 weeks during a calendar year [amended 8/99].
Gun Club: Any organization whether operated for profit or not, and whether public or private,
which caters to or allows the use of firearms.
Height: 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). The measurement of height of an
accessory building or structure shall be determined as the vertical distance from the average
finished grade to the midpoint of the roof surface.
Home Occupation: An occupation or profession carried on by an occupant of a dwelling unit as
a secondary use which is clearly subservient to the use of the dwelling for residential purposes.
Hospice Care: The combination of active and compassionate therapies intended to comfort and
support terminally ill patients (and their families) at the end of a person's life. [amended 11/03]
Hospice Care Facility: A physical structure operated for the purpose of providing more than one
hospice patients with hospice care. [amended 11/03]
Hospital: A building, structure or installation in which mentally ill, or sick or injured persons are
given medical or surgical treatment and operating under license by the Health Department and
the State of Michigan, including such related facilities as laboratories, out-patient departments,
central service facilities, and staff offices.
Hotel: A building or part of a building, with a common entrance or entrances, in which lodging
is provided and offered to the public for compensation and which is open to transient guests (as
distinguished from a boarding house or lodging house, apartment hotel, fraternity or sorority
house), and in which one or more of the following services are offered:
1. Maid service.
2. Furnishing of linen.
3. Telephone, secretarial, or desk service.
4. Room service.
A restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms may be
located in the same building as a hotel.[amended 9/05]
Housekeeping unit: A dwelling unit which provides common living quarters including cooking,
eating, sanitation facilities, living areas and separate bedrooms.
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Junk: For the purpose of this Ordinance the term junk shall mean any motor vehicles, machinery,
appliances, products, or merchandise with parts missing or scrap metals or other trash, solid
waste, refuse or scrap materials that are damaged or deteriorated, except if in a completely
enclosed building. It includes any inoperable or abandoned motor vehicle which is not licensed
for use upon the highways of the State of Michigan for a period in excess of thirty (30) days and
shall also include whether so licensed or not, any motor vehicle which is inoperative for any
reason for a period in excess of thirty (30) days and which is not in a completely enclosed
building.
Junk Yard (Salvage Yard): An open area where salvage, used or second hand material, is bought
and sold, exchanged, stored, baled, packed, dissembled, or handled, including but not limited to
scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junk yard" includes
automobile wrecking yards and includes any area of more than two hundred (200) square feet for
storage, keeping or abandonment of junk but does not include uses established entirely within
enclosed buildings.
Kennel, Commercial: Any premises on which more than three dogs or more than four cats, older
than four (4) months old, are kept or any premises which offers cats or dogs for sale on a
reoccurring basis (more than once per year). [amended 11/03]
Landfill: Any disposal area or tract of land, unit or appurtenance or combination thereof that is
used to collect, store, handle, dispose of, bury, cover over, or otherwise accept or retain solid
waste as herein defined.
Lattice Tower: A support structure constructed of vertical metal struts and cross braces,
forming a triangular or square structure which often tapers from the foundation to the top.
Lightering: A barge used to load or unload ships anchored in a harbor. [amended 4/00]
Livestock: Horses, cattle, sheep, goats, and other useful animals normally kept or raised on a
farm or range.
Loading Space: A minimum ten by fifty foot (10' x 50') off-street space on the same lot with a
building, or group of buildings, for the temporary parking of a commercial vehicle while loading
and unloading merchandise or materials. [amended 11/03]
Lot Coverage: The part or percent of the lot occupied by buildings and structures including
accessory buildings or structures.
Lot: Land described in a recorded plat or condominium unit in or condominium project,
occupied or to be occupied by a building, structure, land use or group of buildings having
sufficient size to comply with the frontage, area, width-to-depth ratio, setbacks, yards, coverage
and buildable area requirements of this Ordinance, and having its principal frontage upon a
public street or on a private road approved by the City (see Figure 2-6).
Lot Area, Gross: The area contained within the lot lines or property boundary including
street right-of-way, floodplains, wetlands, and waterbodies (see Figure 2-6).
15
Lot Area, Net: The total area of a horizontal plane within the lot lines of a lot, exclusive
of street right-of-way, floodplains, wetlands, waterbodies, any public street right-of-way
or access easement abutting any side of the lot (see Figure 2-6).
Lot, Corner: A lot which has at least two contiguous sides abutting upon a public street
for their full length (see Figure 2-9).
Lot, Depth of: The average distance from the front lot line (i.e., road frontage) of the lot
to its opposite rear lot line measured in the general direction of the side lines of the lot
(see Figure 2-5).
Lot, Flag: A lot whose access to the public street is by a narrow, private right-of-way that
is either a part of the lot or an easement across another property and does not meet the
frontage requirements of the district in which it is located (see Figure 2-7).
Lot Frontage: The unbroken length of the front lot line which is contiguous to a public
street or private road.
Lot, Interior: A lot other than a corner lot which, with the exception of a "through lot",
has only one lot line fronting on a street (see Figure 2-7).
Lot Lines: The lines bounding a lot or parcel (see Figure 2-7). [amended 10/02]
Lot Line, Front: The line(s) separating the lot from any street right-of-way,
private road or other access easement. Such line shall be continuous at least a
sufficient length to conform with the minimum lot width requirement of the
district.
Front Lot Line, Principal: For a corner lot, the front lot line adjacent to the
street which the front door of the home faces (or is proposed to face).
Front Lot Line, Secondary: For a corner lot, the front lot line which is not
considered to be the principal front lot line.
Lot Line, Rear: The lot line opposite and most distant from the front lot line. In
the case of a triangular or otherwise irregularly shaped lot or parcel, an imaginary
line at least ten (10) feet in length entirely within the lot or parcel, parallel to and
at a maximum distance from the front lot line. In the case of a corner lot, the lot
line opposite the principal front lot line.
Lot Line, Side: Any lot line other than a front or rear lot line.
Lot of Record: A parcel of land, the dimensions of which are shown on a document or map on
file with the County Register of Deeds or in common use by city officials, and which has not
16
been combined in use with another parcel or lot, which lawfully existed prior to the enactment of
this or a zoning ordinance previously in effect .
Lot, Through: An interior lot having frontage on two (2) more or less parallel streets (see Figure
2-4).
Lot Width: The horizontal distance between the side lot lines, measured at the two points where
the building line, or setback line, intersects the side lot lines.
Marina: A boat basin which contains docks, boat sales, on shore storage, repair facilities, and
stores intended for sale primarily for the use of the marina patrons.
Marine Cargo Handling: Establishments primarily engaged in activities directly related to
marine cargo handling from the time cargo, for or from a vessel, arrives at shipside, dock, pier,
terminal, staging area, or in transit area until cargo loading or unloading operations are
completed. [amended 4/00]
Master Deed: The document recorded as part of a condominium subdivision to which are
attached as exhibits and incorporated by reference the approved bylaws for the condominium
subdivision and the condominium subdivision plan and all other documents required by law to be
attached or incorporated.
Master Land Use Plan: The statement of policy by the City Planning Commission relative to the
agreed upon and officially adopted guidelines for a desirable physical pattern for future
community development. The plan consists of a series of maps, charts and written material
representing in summary form the soundest concept for community growth to occur in an orderly,
attractive, economical and efficient manner creating desirable community living conditions.
Mezzanine: An intermediate floor in any story occupying not more than one-third (1/3) of the
floor area of such story.
Mini Storage (Warehouse) Facilities: A building or group of buildings in a controlled access or
fenced area that contains varying sizes of individual compartmentalized and controlled access
stalls or lockers for the storage of customer's goods or wares which are not used on a daily basis.
Mobile Home: A structure, transportable in one or more sections, which is built on a chassis and
designed to be used as a dwelling with or without permanent foundation, when connected to the
required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems
contained in the structure. The term mobile home shall not include pick-up campers, travel
trailers, motor homes, modular homes, recreational vehicles, converted buses, tent trailers, or
other transportable structures designed for temporary use.
Mobile Home Park: A parcel or tract of land under the control of a person upon which 3 or more
mobile homes are located on a continual, nontransient basis and which is offered to the public for
that purpose regardless of whether a charge is made therefor, together with any building,
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structure, enclosure, street, equipment, or facility used or intended for use incident to the
occupancy of a mobile home.
Modular (Pre-Manufactured) Housing Unit: A dwelling unit constructed solely within a factory,
as a single unit, or in various sized modules or components, which are then transported to a site
where they are assembled on a permanent foundation to form a dwelling unit, and meeting all
codes and regulations applicable to conventional single-family home construction.
Monopole: A support structure constructed of a single, self-supporting hollow metal tube
securely anchored to a foundation.
Motel: A building or group of buildings, whether detached or in connecting units, which shall
provide for overnight or resort lodging and are offered to the public for compensation, and shall
cater primarily to the public traveling by motor vehicle. The term motel shall include buildings
designated as hotels, auto courts, tourist courts, motor courts, motor hotel, and similar
appellations which are designed as integrated units of individual rooms under common
ownership. A motel shall not be considered or construed to be a multiple family dwelling.
Municipal Sewage Treatment Facility: A sewage treatment system owned by a township, charter
township, village, city, county, the State of Michigan, or an authority or commission comprised
of such governmental units.
Municipal Water Supply: A water supply system owned by a township, charter township,
village, city, county, the State of Michigan, or an authority or commission comprised of such
governmental units.
Municipality: The City of Muskegon.
Natural Features: Natural features shall include soils, wetlands, woodlots, landmark and
specimen trees, overgrown fence rows, floodplains, water bodies, topography, vegetative cover,
and geologic formations.
New Construction: Structures or development for which the "start of construction" commenced
on or after the effective date of adoption of this Ordinance.
Nonconforming Structure: A structure or portion thereof lawfully existing at the effective date of
this Ordinance, or amendments thereto, and that does not conform to the provisions of the
Ordinance in the district in which it is located.
Nonconforming Use: A use which lawfully occupied a building or land at the effective date of
this Ordinance, or amendments thereto, and that does not conform to the use regulations of the
district in which it is located.
Nonconforming Lot of Record (Substandard Lot): A lot lawfully existing at the effective date of
this zoning ordinance or a successor or amending ordinance, or affecting amendment, and which
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fails to meet the area and/or dimensional requirements of the zoning district in which it is
located.
Nursery, Plant Materials: A space, building or structure, or combination thereof, for the storage
of live trees, shrubs, or plants offered for retail sale on the premises including products used for
gardening or landscaping. The definition of nursery within the meaning of this Ordinance does
not include any space, building, or structure used for the sale of fruits, vegetables, or Christmas
trees.
Nursing Home: See Convalescent Home. [amended 11/03]
Occupied: The word "occupied" includes arranged, designed, built, altered, converted to, rented,
leased, or intended to be occupied.
Open Front Store: A business establishment so developed that service to the patron may be
extended beyond the walls of the structure, not requiring the patron to enter the structure. The
term "Open Front Store" shall not include automobile repair stations or automobile service
stations.
Open Space, Common: Open space which is held for the collective use and enjoyment of the
owners, tenants, or occupants of a single development.
Open Space Development: A type of residential development option permitted in this
Ordinance, and administered as a planned unit development, which is based upon a portion of a
parcel set aside as permanent open space with the balance of the parcel used at higher densities
than would otherwise be permitted without the open space. See also "clustered subdivision".
Open Space, Dedicated: Common open space dedicated as a permanent recorded easement.
Open Space, Usable: That portion of the common open space which due to its slope, drainage
characteristics and soil conditions can be used for active recreation.
Ordinary High Water Mark: The line between upland and bottomland which persists through
successive changes in water levels below which the presence and action of the water is so
common or recurrent that the character of the land is marked distinctly from the upland and is
apparent in the soil itself, the configuration of the surface of the soil, and the vegetation.
Owner: The owner of the premises or lesser estate in the premises, a mortgagee or vendee in
possession, an assignee of rents, receiver, executor, trustee, leasee, or any other person, sole
proprietorship, partnership, association, or corporation directly or indirectly in control of a
building, structure, or real property, or his or her duly authorized agent.
Park: A parcel of land, building or structure used for recreational purposes including but not
limited to playgrounds, sport fields, game courts, beaches, trails, picnicking areas, and leisure
time activities.
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Parking Area, Off-Street: A land surface or facility providing vehicular parking spaces off of a
street along with adequate drives and aisles for maneuvering so as to provide access for entrance
and exit for the parking of three (3) or more automobiles or trucks.
Parking Space: A minimum eight by eighteen foot (8' x18') area of land provided for vehicles
off of a street exclusive of drives, aisles, or entrances giving access thereto, which is fully
accessible for parking of permitted vehicles. [amended 11/03]
Patio: An uncovered, paved outside area used for several purposes including leisure, social
gatherings, etc. Patios may be attached to a home or a separate area; they may be made from
concrete, paving bricks or created from other similar products.
Planning Commission: The Planning Commission of the City of Muskegon as provided in Act
285 of 1931, as amended, and appointed pursuant to the City Code of Ordinances.
Planned Unit Development: A tract of land or lot, developed under single ownership or
management as a separate neighborhood or community unit. The development shall be based on
an approved site plan which allows flexibility of design not available under normal zoning
district requirements. The plan may contain a mixture of housing types, commercial and
industrial uses, common open space and other land uses as provided in this Ordinance.
Plat: A map of a subdivision of land recorded with the Register of Deeds pursuant to the
Subdivision Control Act of 1967 or a prior statute.
Porch: A covered entrance to a building, projecting from the wall.
Poultry: Domestic fowl such as chickens, turkeys, ducks, and geese.
Principal Building: The main building on a lot in which the principal use exists or is served by.
Principal Use: The main use to which the premises are devoted and the main purpose for which
the premises exist.
Private Road: A private way or means of approach which meets the requirements of this
Ordinance to provide access to two (2) or more abutting lots, and which is constructed and
maintained by the owner or owners and is not dedicated for general public use.
Prohibited Use: A use of land which is not explicitly permitted within a particular zoning
district.
Public Water Course: A stream or creek which may or may not be serving as a drain as defined
by Act 40 of Public Acts of 1956, as amended, being Sections 280.1 to 280.623 of the Compiled
Laws of 1948 or successor act: or any body of water which has definite banks, a bed and visible
evidence of a continued flow or occurrence of water.
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Public Service: Public service facilities within the content of this Ordinance shall include such
uses and services as election polling places, pumping stations, fire halls, police stations, public
health activities, and similar uses including essential services.
Public Utility: A person, firm, or corporation, municipal department, board, or commission duly
authorized to furnish, and furnishing under Federal, State, County, or Municipal regulations to
the public: gas, steam, electricity, sewage, disposal, communication, transportation, or water
services.
Replacement Cost: Cost of replacing a structure or building at current costs at the time of the
loss, identical to the one that was destroyed, without application of depreciation.
Room: For the purpose of determining lot area requirements and density in a multiple-family
district, a room is a living room, dining room or bedroom, equal to at least eighty (80) square feet
in area.
Recreational Vehicle Park: All lands and structures which are owned and operated by private
individuals, a business or corporation which are predominantly intended to accommodate
recreational vehicles and provide for outdoor recreational activities.
Recreational Vehicle: A vehicle primarily designed and used as a temporary living quarters for
recreational, camping, or travel purposes, including a vehicle having its own motor power or a
vehicle mounted on or drawn by another vehicle (Act 96, Michigan Public Acts of 1987, as
amended or successor acts).
Repair: The reconstruction or renewal of any part of an existing building for the purpose of
maintenance.
Restoration: The reconstruction or replication of an existing building's original architectural
features.
Right-of-Way: A street, alley, or other thoroughfare or easement permanently established for
passage of persons, vehicles, or the location of utilities. The right-of-way is delineated by legally
established lines or boundaries.
Rooming House: A dwelling structure having single rooms for rent and having no common areas
except common places for the taking of meals, or baths, or laundry facilities, and not defined as a
tourist home, or state licensed residential facility.
Rubbish: See Solid Waste.
Scrap Metal Processor: Any person, firm, or corporation who, from a fixed location, utilizes
machinery and equipment for processing and manufacturing iron, steel, or non-ferrous metallic
scrap into prepared grades and whose principal product is scrap iron, scrap steel, or non-ferrous
metallic scrap for remelting purposes.
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School: An educational institution under the sponsorship of a private or public agency providing
elementary or secondary curriculum, and accredited or licensed by the State of Michigan; but
excluding schools involving outside traffic or commercial activity.
Screen: A structure providing enclosure, such as a fence, and a visual barrier between the area
enclosed and the adjacent property. A screen may also be non-structured, consisting of shrubs or
other growing materials.
Secondary containment: A device and/or measures taken to prevent regulated substances that
can be spilled at a loading or unloading facility from entering a public sewer, groundwater,
surface water, subsurface soils or the impoundment area for the tanks.
Setback: The minimum unoccupied distance between the lot line and the principal and accessory
buildings, as required herein. [amended 10/02]
Setback, Front: Minimum unoccupied distance, extending the full lot width, between the
principal building and any lot line abutting a public street or private road.
Setback, Rear: The minimum required unoccupied distance, extending the full lot width,
between the principal and/or accessory buildings and the lot line opposite the front lot
line, or in the case of a corner lot, the setback opposite the principal front lot line.
Setback, Side: The minimum required unoccupied distance, extending from the front
setback to the rear setback, between the principal and accessory buildings and the side lot
line. In the case of a corner lot, the setback opposite the secondary front lot line.
Sign: Sign shall mean and include every individual announcement, declaration, demonstration,
display, illustration, insignia, surface or space when erected or maintained to the out of doors in
view of the general public for identification, advertisement or promotion of the interests of any
person. This definition shall include billboard signs, signs painted directly on walls of structures,
and temporary signs.
1. Area: The total square footage of a sign face exposed to public view.
2. Awning Sign: A sign which is part of, hung from the underside of, or attached to,
a marquee, canopy, or other covered structure projecting from and supported by a
building and does not project horizontally beyond or vertically above said
marquee, canopy, or covered structure. (see Figure 2-8).
3. Banner: An unsecure, sign made of natural, flexible, synthetic or plastic material
used to call attention to a land use or product, service or activity; however, not
including pennants or flag.
4. Billboard: A sign structure which exceeds one