(article amended March 23, 1998)

The following general provisions establish regulations that are applicable in all zoning districts unless otherwise indicated.

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1. Zoning applies to every building and use. No building or land shall be used or occupied, and no building or part thereof shall be erected, moved, placed, reconstructed, extended, enlarged or altered, except in conformity with this Ordinance.
2. Any land use not specifically permitted by right or special use permit is prohibited.
3. In the event any building or part thereof is used, erected, altered or occupied contrary to law or the provisions of this Ordinance, such building shall be declared a nuisance per se and may be required to be vacated, torn down or abated by any legal means and shall not be used or occupied until it has been brought into conformance.
4. If construction of a building is lawfully begun so that there are substantial tangible changes in the property prior to adoption of this Ordinance, nothing in this Ordinance shall be deemed to require any change in the planned or designed use of any such building, provided that actual construction is being diligently carried on, and further provided that such building shall be entirely completed for its planned or designed use within two (2) years from the effective date of this Ordinance.

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1. Clearing of a Site: Unless associated with a bona fide public works project, it shall be unlawful for any person, individual, partnership, corporation, association or other legal entity to engage in land clearing, including the stripping and removal of topsoil, from any site, parcel, or lot within the City without first receiving a Development Permit.
2. Grading and Filling of Property: In order to protect adjacent properties, public roads, public watercourses, and to provide for adequate drainage of surface water, in addition to adhering to adopted soil erosion and stormwater management requirements of the City, the following rules shall apply to all construction activities pursuant to this Ordinance.

1. Flow Alterations: The final grade surface of ground areas surrounding a building or structure shall be designed and landscaped such that surface water flow away from the building or structure is managed in a manner which prevents:

1. Increased flow onto adjacent properties or public roads
2. Erosion or filling of a roadside ditch
3. Blockage of a public watercourse or drain
4. Creation of standing water, other than in an approved detention or retention pond.
5. Direct discharge into surface water.

1. Elevation Restrictions: Filling a parcel of land with earth or other materials to an elevation above the established grade of adjacent developed land is prohibited without obtaining approval from the City Engineering Department.

1. State and federal approvals: The City shall not approve any land use or issue which requires a state, or federal permit until satisfactory evidence of such has been submitted. Examples of such permits include (but are not limited to) critical dunes, air quality, wetlands, inland lakes dredge and fill, floodplain and activities under the jurisdiction of state soil erosion and sedimentation regulations.

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A plot plan depicts a subset of the information required by this Ordinance for a site plan. A plot plan is required for changes to lots in single family zones. Full site plans are required for special uses, planned unit developments, multi-family, commercial and industrial development.

The Building Official shall require that all applications for residential building permits be accompanied by an acceptable plot plan, drawn to scale, showing the following:

1. The actual shape, location, and dimensions of the lot.
2. The shape, size, and location of all buildings or other structures to be erected, altered, or moved, and of any building or other structure already on the lot including sheds, garages, pools, satellite dishes over twenty four inches (24") in diameter, mechanical equipment service buildings, etc.
3. The existing and intended use of the lot and of all such structures upon it.
4. Such other information concerning the lot or adjoining lots as may be essential for determining whether the requirements of this Ordinance are being met.
5. Adjacent drainageways or creeks.
6. Any easements, existing or vacated.
7. Gas, sewer and water lines serving the property.
8. Overhead electrical wires.
9. Access drives and parking areas.

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No more than one principal building may be permanently established on a lot or parcel, unless specifically provided for elsewhere in this Ordinance as in the case of a condominium development, site planned use, planned unit development, or multiple family development.

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No parcel, whether or not platted as a lot, shall be split or reduced in size, width, or depth by any conveyance, survey, leasing, occupancy, or other means which creates a parcel substandard in size, width, or depth according to the requirements of this zoning ordinance. The splitting of a lot or parcel to add to another shall not be allowed unless the remaining portion is of legal size, width, and depth for the zone where the split parcel is located, or it is simultaneously combined by conveyance with a contiguous parcel which will thereafter be of legal size, width, and depth. Further, if contiguous nonconforming lots or parcels whether or not of record, are under common ownership or control, they shall be combined to meet the provisions of this Ordinance prior to permitting future site development or the issuance of a building permit.

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1. Setback and yard allocations: No portion of a lot can be used more than once in complying with the provisions for lot area and yard dimensions for construction or alteration of buildings.
2. Corner Lots: Corner lots shall have the minimum lot width and front setback as required by that zoning district for each property line which is adjacent to a public or private road. [amended 10/02]

1. A corner lot shall have the required front setback measured from both the principal and secondary front lot lines.
2. The remaining setbacks shall be a rear and a side setback. The rear setback shall be measured from the rear lot line.
3. The driveway of the principal building on a corner lot shall be located on the secondary front lot line.
4. The width of a corner lot shall be determined by the length of the principal front lot line.

1. Width to depth ratios: The depth of lot(s) or parcel(s) created in all zoning districts after the effective date of this Ordinance shall not be more than three (3) times longer their width.
2. Frontage required: All parcels shall have the required minimum lot width along and adjacent to a public road or approved private road.

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Encroachments may be made upon required yards under the following conditions: [amended 10/02]

1. Architectural elements: Existing buildings or structures shall be permitted to encroach upon the minimum setback requirements of this Ordinance with architectural elements that are necessary to the integrity of the structure of the building, or health or safety of the occupants such as cornices, gutters, chimneys, pilasters, outside stairways, fire escapes, and similar features. Such features may project into a required setback area no more than five (5) feet.
2. Uncovered patios, rear and side yards.: Attached terraces, patios, porches and decks no more than two feet above grade may be built to the rear or side property line were an established fence line exists. Otherwise, uncovered terraces, patios, porches and decks shall be a minimum of three (3) feet from rear and side property lines.
3. Unenclosed structures, front yard: Unenclosed porches, steps or similar facilities may project into a required front setback for a distance not to exceed five (5) feet. In the case of a handicap wheelchair ramp, the Zoning Administrator may waive setback requirements at his/her discretion, if no other options are available to provide a ramp, provided that the applicant agrees to remove the ramp if it is no longer necessary on the property. A performance letter or performance guarantee may be required. [amended 8/00]
4. Additions: Additions to homes on minor streets (not collectors), built in subdivisions ninety percent (90%) developed with homes prior to 1940 may encroach upon existing yards so long as:

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Permitted Exceptions: The following structural appurtenances shall be permitted to exceed the height limitation, provided that no portion of said appurtenances shall be used for human occupancy. Any structural exception to the height limitation shall be erected only to such height necessary to accomplish its intended purpose.

1. Ornamental structural appurtenances such as church spires, belfries, cupolas, domes, ornamental towers, flag poles, and monuments.
2. Appurtenances necessary to mechanical or structural functions of a building and structures, such as chimney, smoke stacks, water tanks, wind generators and pumps, elevators, stairwell, ventilators, bulkheads.
3. Structural appurtenances in the Single Family Residential district, that serve the occupants of the individual residential use do not exceed seventy-five (75) feet in height as measured from the ground level at the base of the structure.

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Accessory buildings, except as otherwise permitted in this Ordinance, shall be subject to the following regulations:

1. Attached: Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform with, all regulations of this Ordinance applicable to the main building.
2. Front Yard, prohibition: Buildings or structures accessory to the principal, shall not be permitted in any front yard. Parking lots are prohibited in any residential front yard. Security stations within an "I" District may be erected in any yard. [amended 10/02]
3. Height restrictions: Buildings accessory to residential buildings shall not be more than one (1) story or fourteen (14) feet in height.
4. Detached: Detached accessory buildings shall:

1. Be at least six (6) feet from any principal building
2. Be at least three (3) feet from any side or rear lot line.
3. Not be located within a dedicated easement or right-of-way.
4. Any accessory structure placed in a residential property or zone in the city shall be of residential construction properly painted or sided. Pole style storage buildings and sheet metal accessory structures are prohibited in all residential zones or developments.

1. Replacement: Existing accessory structures may be replaced on the existing footprint provided they are wholly contained within the property and meet the required front yard setback.
2. Satellite Dishes: Satellite dishes over twenty four inches (24") in diameter shall be considered accessory structures. The setback placement of satellite dishes shall be measured from their outermost edge of the dish.
3. Number: No more than one (1) accessory building shall be located on any parcel within an "R" or "RT" district, except that two (2) may be permitted when one is a garage or other shelter for automobiles belonging to the residence.
4. Not Permitted Prior to a Principal Structure: Accessory buildings and structures shall not be erected on a lot or parcel in a residentially zoned district prior to the establishment of a principal structure. Where two or more abutting lots are held under one ownership or control in a residentially zoned district, the owner may erect an accessory building on a lot separate from that one which the principal building is located, provided both lots are combined and used as one with a single tax description.

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Utilities, public, and quasi-public service buildings and facilities, with and without storage yards, and similar facilities, may be approved by the Planning Commission as Special Land Uses under the purview of Section 2332.

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1. Location: Residential parking areas for boats, trailers, motor vehicles, and recreation equipment shall not be located in any front yard. This section shall not prohibit direct access drive parking of automobiles on paved, established driveways. [amended 10/02]
2. Size limit, screening: Recreational equipment, trailers, motor vehicles, boats, and other equipment or materials, stored for more than forty-eight (48) hours outside of a garage, shall be placed behind the front building line of any main structure on the lot. No more than one recreational or utility vehicle under twenty five (25') feet in length may be stored outside a garage on a residential lot. Stored recreational vehicles must be screened for side and rear property owners with a screen of at least five feet in height.
3. Special circumstances: If a motor vehicle is to be stored outdoors for a long period because a family member is in the military service, is ill, or some other similar reason, and the vehicle does not have an appearance detrimental to the area, the zoning administrator may grant the right to store the vehicle for said period, without a license, under the best conditions available, which conditions shall be stated in writing.
4. Size limits: No vehicle with a rated hauling capacity in excess of two (2) ton shall be located on any property within any residential district; provided, however, that this section shall not prevent the temporary location of such vehicle on such property while engaged in a delivery, pick-up or service call to the property.

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1. Application: The application for a Development Permit to erect a swimming pool or hot tub shall include the name of the owner; a plot plan and location of adjacent buildings, overhead wiring, fencing, gates, and other detailed information affecting construction and safety measures.
2. Fencing: Yard areas with pools are to be fenced in accordance with all codes of the city.
3. Placement: No swimming pool or hot tub shall be located in a front yard or in a dedicated or recorded easement. [amended 10/02]
4. Setback: No swimming pool or hot tub shall be located in any front yard. Pool setbacks shall be six feet from property lines or conform with city pool code. [amended 10/02]
5. Lighting: No lights shall be erected, operated or maintained in connection with a swimming pool or hot tub in such a manner as to create an annoyance to surrounding properties.
6. Overhead wiring: Service drop conductors and any other open overhead wiring shall not be installed above a swimming pool or hot tub. New pools shall not be located underneath existing overhead wiring.

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SECTION 2318: KEEPING OF ANIMALS: [RESERVED] [amended 8/02]

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SECTION 2319: [RESIDENTIAL DESIGN CRITERIA] [amended 7/98, amended 4/00, amended 8/01, amended 4/02]

It is the intent and purpose of this section to establish design review standards and controls over housing development in the City of Muskegon. It is recognized that there are unique design aspects inherent in the community appearance that need to be preserved and enhanced. The adoption of these criteria will guide and ensure that all future growth enhances community character and image and fits with the unique vernacular of the City of Muskegon's urban setting. A positive community image: enhances economic development opportunity; safeguards property values; curbs blight and deterioration; and enhances public safety and welfare. The following standards shall apply to all single-family or duplex structures erected in the City of Muskegon.

In the case of a one (1) family or two (2) family dwelling unit which is of standard construction, a mobile home, a premanufactured, or a precut dwelling structure, and any additions or alterations thereto, erected or placed in the City of Muskegon, other than a mobile home located in a licensed mobile home park approved under the provisions of Article V, MHP Mobile Home Park Districts, shall conform to the following regulations in addition to all other regulations of this Ordinance:

1. The dwelling unit shall have a minimum living area (excluding all basement area) of nine hundred and sixty (960) square feet for a one (1) bedroom dwelling. For each bedroom thereafter, an additional 100 square feet of living space shall be provided.
2. Where the home design involves a roof pitch, it shall be at a minimum pitch of 5/12, that is, for every twelve inches (12") of lateral run, the roof shall rise five inches (5").
3. The roof shall have a snow load rating of forty (40) pounds per square foot.
4. Roof drainage in the form of a roof overhang of at least twelve inches (12") shall be provided to direct storm or meltwater way from the foundation, unless a gambel roof or other design elements necessitate an alternative roof drainage system.
5. Siding shall be the same gauge for modulars and mobiles as for on-site-built homes.
6. The dwelling unit shall have a minimum width across any front, side, and rear elevation view which is the lesser of:

1. Twenty-four (24) feet; or
2. The average width of the homes on the same street within six hundred (600) feet in either direction.

1. A structure with a front elevation view of over 40 linear feet shall have a design offset including but not limited to; bay windows, covered porches, or structural offsets from the principal plane of the building.
2. Any single-story, residential structure shall not be more than two (2) times longer than its width (exclusive of an attached garage).
3. Garage doors may not comprise more than fifty percent (50%) of the front face of the structure.
4. Newly constructed homes must be at the average setback of existing homes within 600 feet.
5. The dwelling unit shall be firmly attached to a permanent foundation constructed on the site in accordance with the building code, manufacturers specifications, and other applicable requirements.
6. Any crawlspace that may exist between the foundation and ground floor of the dwelling unit shall be fully enclosed by an extension of the foundation wall along the perimeter of the building.
7. If the dwelling is a mobile home, as defined herein, such dwelling shall be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Mobile Home Commission.
8. In the event that a dwelling unit is a mobile home as defined herein, it shall be installed with the wheels removed. No dwelling unit shall have any exposed towing mechanism, undercarriage or chassis.
9. The dwelling unit shall be connected to a public sewer and water supply when available, as defined by the Plumbing Code or if not available, to private facilities as approved by the county health department, the city, and other applicable agencies.
10. Storage space of at least fifteen percent (15%) of the interior living space of the dwelling unit, exclusive of auto storage or attic storage, shall be provided within the structure.
11. The subject dwelling unit shall be aesthetically compatible in design and appearance with other dwellings within 600 feet. The review shall include but not necessarily be limited to: roof pitch, scale, size, mass, minimum transparency, orientation to the street, and overhangs. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as (but not limited to) solar energy, view, or unique land contour.
12. The compatibility of design and appearance shall be determined in the first instance by the Zoning Administrator upon review of the plans submitted for a particular dwelling unit. The Zoning Administrator's decision may be appealed, to the Zoning Board of Appeals within a period of fifteen (15) days from the receipt of notice to the official's decision.
13. The dwelling unit shall contain no additions of rooms or other areas which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.
14. The dwelling unit shall comply with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus and insulation within and connected to said mobile home shall be of a type and quality conforming to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, and as from time to time such standards may be amended.
15. All construction required herein shall be commenced only after a building permit has been obtained in accordance with the Building Code.
16. Each dwelling unit shall have an established vegetative ground cover no less than 12 months after occupancy. A minimum of one shade tree, two and one-half inches (2.5") in diameter, four feet (4') from the ground or one six foot (6') evergreen tree shall be provided. Existing landscaping may be accepted in lieu of this requirement.
17. Each dwelling unit shall have a garage or a shed providing a minimum of sixty-four square feet (64 sq. ft.) of yard storage for each dwelling unit. Said area shall be calculated separately from the required interior storage space.

In the case of a multi-family (more than 2 units) dwelling structure which is of standard construction, a mobile home, a premanufactured, or a precut dwelling structure, and any additions or alterations thereto, erected or placed in the City of Muskegon, other than a mobile home located in a licensed mobile home park approved under the provisions of Article V, MHP Mobile Home Park Districts, shall conform to the following regulations in addition to all other regulations of this Ordinance:

1. Each dwelling unit shall have a minimum living area (excluding all basement area) of six hundred and fifty (650) square feet for a one (1) bedroom unit, of eight hundred and seventy-five (875) square feet for a two (2) bedroom unit, and of twelve hundred (1200) square feet for a three (3) bedroom unit. For each bedroom thereafter, an additional 100 square feet of living space shall be provided.
2. Roof drainage in the form of a roof overhang of at least twelve inches (12") shall be provided to direct storm or meltwater way from the foundation, unless a gambel roof or other design elements necessitate an alternative roof drainage system.
3. The roof shall have a snow load rating of forty (40) pounds per square foot.
4. Siding shall be the same gauge for modulars and mobiles as for on-site-built homes.
5. Garage doors may not comprise more than fifty percent (50%) of the front face of the structure.
6. The structure shall be firmly attached to a permanent foundation constructed on the site in accordance with the building code, manufacturers specifications, and other applicable requirements.
7. Any crawlspace that may exist between the foundation and ground floor of the structure shall be fully enclosed by an extension of the foundation wall along the perimeter of the building.
8. The structure shall be connected to a public sewer and water supply when available, as defined by the Plumbing Code or if not available, to private facilities as approved by the county health department, the city, and other applicable agencies.
9. Storage space of at least fifteen percent (15%) of the interior living space of each dwelling unit, exclusive of auto storage or attic storage, shall be provided within the structure.
10. The subject structure shall be aesthetically compatible in design and appearance with other dwellings within 600 feet. The review shall include but not necessarily be limited to: roof pitch, scale, size, mass, minimum transparency, orientation to the street, and overhangs. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as (but not limited to) solar energy, view, or unique land contour.
11. The structure shall contain no additions of rooms or other areas which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.
12. Each dwelling unit shall have an established vegetative ground cover no less than 12 months after occupancy. A minimum of one shade tree, two and one-half inches (2.5") in diameter, four feet (4') from the ground or one six foot (6') evergreen tree shall be provided. Existing landscaping may be accepted in lieu of this requirement.
13. Each dwelling unit shall have a garage or a shed providing a minimum of sixty-four square feet (64 sq. ft.) of yard storage for each dwelling unit. Said area shall be calculated separately from the required interior storage space.

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1. Private streets shall require a development permit.
2. Regulation Michigan State Highway stops signs shall be positioned and installed in accordance with the Michigan State Manual of Uniform Traffic Control Devices on all private streets. Signs in the right of way shall be reviewed and installed by the City.
3. All private streets shall have names approved by the "911" emergency services coordinating agency.
4. All private streets shall provide an adequate right-of-way approved by the city in the event the street is eventually incorporated into the city street system.
5. Identification signs approved by the City shall be required for private streets and shall note they are private.
6. All private streets servicing or intended to serve two (2) or more lots, parcels or condominium units shall be under the control of an approved and recorded road maintenance agreement and deed restrictions which provide for the perpetual maintenance of such roads and/or easements to a necessary and reasonable standard to serve the several interests involved. These documents shall be reviewed and approved by the City and shall contain the following provisions:

1. Method of initiating and financing of such road and/or easements in order to keep the road in a reasonably good and usable condition.
2. A workable method of apportioning the costs of maintenance and improvements.
3. That the owners of any and all of the property using the easement shall refrain from prohibiting, restricting, limiting or in any manner interfering with normal ingress and egress and use by any of the other owners. Normal ingress and egress and use shall include use by family, guests, invitees, tradesmen and others bound to or returning from any of the properties having a right to use the road. Provisions shall be included to allow ingress and egress of emergency and other public vehicles for whatever public services are necessary.
4. A notice that if repairs and maintenance are not made, the City Commission may bring the road up to the design standards specified in this Ordinance and assess owners of parcels on the private road for the improvements, plus an administrative fee.
5. A notice that no public funds of the City of Muskegon are to be used to build, repair or maintain the private road.

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This section provides for appropriate areas for the siting of wireless communication antenna, support facilities and equipment shelters in recognition of the public need and demand for advanced telecommunication and information technologies and services balanced against the impacts such facilities may have on properties within the City. It is the further purpose and intent of these regulations to:

1. Provide for the appropriate location and development criteria for wireless communication support facilities and wireless communication antenna within the City
2. Allow and encourage the location of wireless communication support facilities in the overlay zoning district
3. Minimize the adverse effects of such facilities through careful design, siting and screening criteria
4. Maximize the use of existing and future wireless communication support facilities and encouraging multiple uses and co-location of such facilities
5. Protect the character of residential areas throughout the City from the effects of wireless communication facilities
6. Promote the public health, safety, and welfare.

Uses Permitted:

Wireless Communication Antenna (WCA) shall be considered a permitted accessory use in any zoning district when:

1. Placed on or attached to any existing structure at least five (5) stories in height which constitutes a principle use, including existing communication towers and water towers provided: [amended 4/02]

1. In the case of a five (5) story building, that any WCA shall not extend more than thirty (30) feet above the roofline of the structure to which it is attached.
2. In the case of a six (6) story building, that any WCA shall not extend more than forty (40) feet above the roofline of the structure to which it is attached.
3. In the case of a seven (7) story building, that any WCA shall not extend more than fifty (50) feet above the roofline of the structure to which it is attached.
4. In the case of an eight (8) story building, that any WCA shall not extend more than sixty (60) feet above the roofline of the structure to which it is attached.
5. In no case shall any WCA extend more than sixty (60) feet above the roofline of the structure to which it is attached.

1. Placed on an existing utility or light pole which will serve as a wireless telecommunications facility and where the height of said existing pole or other structure is not increased more than twenty (20) feet and the existing pole and other structure is not proposed to be modified in a manner which would materially alter the pole or structure and/or result in an impairment of sight lines or other safety interest.

Provided:

1. WCAs shall require no personnel on the premises except as necessary for maintenance and repair.
2. All WCAs shall be designed to blend into or meet the aesthetic character of the principal (primary) structure where reasonably practical taking into consideration the location of the WCA and the line of sight angle and distance from the right-of-way and neighboring uses.
3. A WCA proposed to be located on a historic landmark or in a designated historic district may be denied if the WCA would create an adverse impact on the historic character of the historic landmark or district.
4. Associated wireless telecommunication equipment shelters meet accessory use height and setback requirements of the district, and receive administrative approval.
5. This section shall not exempt the applicant from such other government review and permitting procedures of the Federal Communications Commission or Federal Aeronautics Administration.

Intent: An overly zone is hereby created for the siting of wireless communication facilities (WCF) and wireless communication antenna (WCA). The zone is identified as:

1. The Pulaski Lodge, 871 Pulaski Avenue described as:
   W 589 ft of E 757 ft of N 10 acres of SE ¼ of SE ¼ exc N 25 ft thereof Sec 37 T10N R17W.
2. City Department of Public Works, 1350 E. Keating, described as:
   E 7.5 acres of NW ¼ of NE ¼ Sec 33 T10N R16W ex N 350 ft thereof also com @ SW cor of said E 7.5 acres th W 197 ft th N 633.075 ft th E 196.715 ft to W line of said 7.5 acres then S 632.5 ft to beg.
3. City property near the terminus of Yuba Street, described as:
   Lot 1 Blk 1 & that part of Lot 3 Blk 1 & N ½ of SE ½ Sec 17 T10N R16W lying Sly & Ely of Muskegon River & Nly of US 31 business rte and Lots 1, 2 & 3 Blk 121.
4. A portion of the Muskegon Community College campus, 221 S. Quarterline Road, described as:
   Commencing at the S ¼ corner of Section 15, T10N, R16W, City of Muskegon, Muskegon County, Michigan, thence N 01°04’25" E 815.71 feet along the N-S ¼ line of said Section 15 and the centerline of Quarterline Road (66 feet wide); thence N 88°56’41" W 1035.89 feet to the Point of Beginning; thence continuing N 88°56’41" W 60.00 feet; thence N 01°03’19" E 60.00 feet; thence S 88°56’41" E 60.00 feet; thence S 01°03’19" W 60.00 feet along the West face of an existing building to the point of beginning being a part of the SW ¼ of Section 15, T10N, R16W, City of Muskegon, Muskegon County, Michigan, and containing 0.083 acres or 3600 sq. ft. of land, more or less, subject to easements and restrictions of record, if any. [amended 11/00]

Wireless communication support facilities are permitted as special land uses in the overlay zone and shall be permitted under the purview of Section 2332 after review and approval of the use by the Planning Commission, after public hearing, subject to the applicable conditions imposed by the Planning Commission:

1. The facility shall comply with all applicable Federal Aeronautics Administration and the Federal Communications Commission requirements.
2. All WCSF shall be constructed in compliance with all applicable construction codes, including, without limitation, the Electronic Industries Association/Telecommunications Industry Association (EIA/TIA) Structural Standards of Steel Antenna Towers and Antenna Supporting Structures and shall be certified as such by a licensed structural engineer.
3. Accessory equipment storage structures shall meet the setback and height requirements of the underlying zone. No accessory equipment or structure shall be allowed in any rights-of-way.
4. The WCSF shall not be used for advertising purposes and shall not contain any signage except which shall show the identity of the service provider and emergency telephone numbers. The sign or signs shall not exceed two square feet in size, and shall be easily readable from ground level.
5. The WCSF may be located on a zoning lot containing permitted other principal uses or approved special uses.
6. The WCSF may be located within an area smaller than the minimum lot size of the underlying zoning district. The area within which the WCSF is located shall be the area subject to the requirements of this section, rather than the entire zoning lot, unless otherwise provided herein, or reasonably required by the planning commission.
7. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible. The WCSF shall have a landscaped buffer so that the base of the WCSF and accessory equipment structure or storage area shall be screened from any right-of-way, residential use, or residential zoning district. Such landscaped buffer shall be placed on the site in a manner which will maximize the aesthetic and environmental effects, while at the same time providing the required visual buffer. The landscaped buffer shall consist of hedges planted leaf to leaf which shall reach a height of not less than six (6) feet at maturity and conifer trees planted on fifteen (15) foot centers along the approved buffer. Requirements may be modified by the Planning Commission as appropriate for the specific site.
8. The application shall contain information showing the geographic search area within which the proposed WCSF must be located and shall also provide locations of all structures of similar height within and adjacent to the search area.
9. WCSFs shall not have a shiny or metallic finish.
10. The WCSF shall not exceed 200 (two-hundred) feet in height.
11. If located on the same zoning lot with another permitted use, the WCSF shall not be located in a front yard abutting a street.
12. Legal access to the WCSF shall be provided regardless of other developments that may take place on the property.
13. Towers shall not be artificially lighted unless required by the FAA. When lighting is required by the FAA or other federal or state authority, it shall be oriented inward so as not to project onto surrounding property or the site shall be landscaped to mitigate light impact.
14. All exterior building material shall be compatible with surrounding structures but in no case shall they be cinder or cement block, and metal, other than aluminum siding. Towers shall be enclosed by security fencing not less than six feet in height.
15. Monopoles may be required by the Planning Commission if it is deemed to be more aesthetically compatible with the area than a lattice pole.
16. Antenna and metal towers shall be grounded for protection against a direct strike by lightening and shall comply as to electrical wiring and connections with all applicable state and local statutes.
17. Tower owners shall provide maintenance and safety reports to the city’s building official.
18. Proof of responsibilities in the case of abandonment shall be submitted with the application.

1. The replacement WCSF shall not exceed a total height of 200 (two-hundred) feet or, if the existing WCSF has an approved height greater than 200 (two-hundred) feet, the replacement WCSF shall not exceed the approved height.
2. The replacement WCSF shall be located within the same zoning lot as the existing WCSF and shall be located to comply with existing minimum yard requirements.
3. The existing WCSF shall be removed within 90 days of completion of the replacement WCSF and the relocation or installation of the WCA.
4. If the location of the replacement WCSF is such that the existing WCSF must be moved before the replacement WCSF is constructed, temporary portable antennae support facilities may be used, but must be removed within 30 days of the completion of the replacement WCSF and the relocation or installation of the WCA.

1. A new WCSF shall not be approved unless it can be demonstrated by the applicant that there is a need for the new WCSF which cannot be met by placing WCA on an existing WCSF or on other structures or replacement of an existing WSCF. Information concerning the following factors shall be considered in determining that such need exists:

1. Insufficient structural capacity of existing WCSFs or other suitable structures and inability to reinforce or replace an existing WCSF
2. Unavailability of suitable locations to accommodate system design or engineering on existing WCSF or other structures
3. Radio frequency interference or other signal interference problems at existing WCSF or other structures
4. The cost of using an existing WCSF or other structure exceeds the costs of permitting and constructing a new WCSF
5. Other factors which demonstrate the reasonable need for the new WCSF.

1. The applicant must include in the application an affidavit stating space on a proposed tower will be made available to future users when technically possible.
2. The applicant shall send a written notice via certified mail to all potential users of the new WCSF offering an opportunity for co-location. The list of potential users shall include those entities that have requested approval of WSCF in the past, current FCC license holders, and any other entities requesting to be included on the list. Copies of the notice letters shall be provided to the City at the time the application is filed. If, during a period of 30 days after the notice letters are sent to potential users, a user or users request, in writing, to co-locate on the new WCSF, the applicant shall accommodate the request(s), unless co-location is not reasonably possible based on the criteria of this subsection.

All providers owning a wireless telecommunications support facility shall notify the zoning administrator when the use of said tower located in the municipality will be discontinued and the date it will cease. Any WCSF which is abandoned shall be removed or demolished within 90 days of abandonment. For the purposes of this section, abandoned shall mean that no WCA or other commercial antenna has been operational and located on the WCSF for 180 days or more. Where a WCSF is abandoned but not removed or demolished as required, the City may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be placed on the property. A lien on the property shall be superior to all other liens except taxes.

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SECTION 2322: DAY CARE/CHILD CARE FACILITIES [amended 2/03]

Foster Family Homes, Foster Family Group Homes, Family Day Care Homes, and Group Day Care Homes shall be allowed as Principal Uses in the "R", "RT", "RM-1", "RM-2", "MC", and "H" districts subject to the following provisions:

1. Such uses shall be duly licensed or registered by the State Department of Consumer and Industry Services
2. Buildings and lots so used shall conform to all State and local code requirements.
3. A minimum of 400 square feet of outdoor play area is available on the premises or within 500 feet of the property.

Child Care Centers and Day Care Centers shall be allowed as Special Uses, subject to the provisions of Section 2332 in the "R", "RT", "RM-1", "RM-2", "RM-3", "B-1", "OSR", "LR", "WM", and "H". they shall also be allowed as Principal Uses separately or as part of a building in the "MC", "B-2", "B-3", "B-4", "I-1", and "I-2" districts. Child Care Centers and Day Care Centers, whether they fall under the Special Use of Principal Use category shall be subject to the following provisions:

1. Such uses shall be duly licensed by the State Department of Consumer and Industry Services.
2. Buildings and lots so used shall conform to all State and local code requirements.
3. A minimum of 35 square feet of indoor play area shall be provided for each child. Play area shall be computed exclusively of hallways, bathrooms, reception and office areas, kitchens, storage areas and closets, and areas used exclusively for rest or sleep.
4. A minimum area of 1,200 square feet of outdoor play area shall be provided either on the premises or at parks or other outdoor facilities that are easily accessible by walking or by transportation. Play area shall not be hard-surfaced

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The intent of the regulations in this Section is to promote public health, safety, and general welfare and minimize public and private losses due to flood conditions.

1. Flood hazard areas shall be treated as overlay districts, which shall:

1. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion, or in flood heights or velocities.
2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters.
4. Control filling, grading, dredging, and other development which may increase erosion or flood damage.
5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

1. This Section shall apply to all land which is depicted on the Flood Hazard Boundary Map/Flood Insurance Rate Map 260161B dated June 1, 1977 as determined by the Federal Insurance Administration. Any map amendments are hereby adopted by reference, and Flood Hazard Districts are overlay Districts.
2. All new construction and substantial improvement to structures shall be constructed so that the lowest floor, including basements, for residential structures shall comply with Section 327 of the Michigan Residential Code or for non-residential buildings shall comply with Section 1612 of the Michigan Building Code. [amended 7/02]
3. Any new and replacement water systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the system into flood waters. On-site waste disposal systems are to be located to avoid impairment to them, or contamination from them during flooding.
4. The degree of flood protection required by this Section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Section shall not create liability on the part of the City of Muskegon or by any officer or employee thereof for any flood damages that result from reliance of this Section or any administrative decision lawfully made thereunder.
5. When base flood elevation data has not been provided in accordance with Item 3, above, then the Zoning Administrator, shall obtain, review, and reasonably utilize any base flood elevation date available from a Federal, State, or other source.
6. Responsibilities of the Zoning Administrator shall be as follows:

1. Notify adjacent communities and the Michigan Department of Natural Resources prior to any alteration or relocation of watercourse, and submit evidence of such notification to the Federal Insurance Administration.
2. Obtain necessary engineering analysis to assure that the flood-carrying capacity with the altered or relocated portion of said watercourse is maintained.
3. The Zoning Administrator shall review the proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State Law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
4. For the purpose of the determination of applicable flood insurance risk premium rate, the Zoning Administrator shall:

1. Obtain the elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and determine whether or not such structures contain a basement.
2. Obtain from a Registered Professional Engineer or Architect, certification that the flood-proofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood so that the structure is watertight to the base flood level.
3. Maintain a record of all such information.

1. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Zoning
2. Administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given reasonable opportunity to appeal the interpretation as provided in this Ordinance.

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SECTION 2324: TEMPORARY BUILDING, STRUCTURES AND USES [amended 10/02]

Temporary uses, buildings and structures, not used for dwelling purposes, may be placed on a lot or parcel and occupied only under the following conditions as authorized by the Zoning Administrator.

1. Only the following temporary uses, buildings or structure are permitted:

1. Fire Damage: A temporary building or structure may be constructed during renovation of a permanent building damaged by fire. The temporary building or structure shall be removed within fifteen (15) days after the repair of fire damage is complete. Permits issued under this section shall be for a one hundred and eighty (180) day duration.
2. New Construction: Temporary buildings and structures incidental to construction work, except those related to construction of single-family dwellings, may be placed on the developing tract or parcel during construction. No cooking accommodations shall be maintained. Said temporary buildings shall be removed within fifteen (15) days after construction is complete. The structure shall not be allowed more than twelve (12) months, unless expressly authorized after petition to the Zoning Administrator.
3. Temporary Classrooms: Up to four temporary classrooms may be permitted for private schools with expansion needs. Said classrooms shall meet local codes and ordinances. Said buildings shall be removed within fifteen (15) days after construction of any permanent structure intended for expansion purposes is complete. The temporary classrooms shall not be allowed more than eighteen (18) months, unless expressly authorized after petition to the Zoning Administrator.
4. Temporary Real Estate Offices: Temporary Real Estate Offices are permitted within approved development projects. No cooking accommodations shall be maintained. The office shall be removed upon completion of the development of the subdivision. The office shall not be allowed for more than one (1) year, unless expressly authorized after petition to the Zoning Administrator. A model home may be used as a temporary sales office.
5. Outdoor Christmas Tree/Fireworks Sales: The outdoor display and sale of Christmas trees and fireworks is permitted outside residential zoning districts. The display and sale of trees or fireworks on an open lot shall be allowed for a period not to exceed forty-five (45) days. No fresh cut tree sales shall be conducted from within a building. All unsold trees must be removed from the property by December 31^st of each calendar year. All unsold fireworks must be removed from the property by July 10^th of each calendar year. Outdoor fireworks sales will be conducted pursuant to the Fire Code.
6. Special Events: Temporary uses associated with bona fide special events (associated with a non-profit organization and/or approved through the City’s Special Events approval procedure) may be allowed by the Zoning Administrator during the tenure of the special event only, and must be restricted to the property(ies) where the event is taking place. Such temporary uses may include food vendors, event offices, dressing rooms, carnival-type games, midways, t-shirt or souvenir sales, art/craft fairs, or other similar uses. Such uses shall be regulated by the City’s Special Events procedure.

1. Performance Guarantee: The Zoning Administrator may require a performance guarantee pursuant to Section 2325 in an amount equal to the estimated cost of removing any temporary structure permitted.

1. The applicant shall sign an affidavit holding the City harmless against any claim for damages if the City were to use the performance guarantee to remove the temporary structure after its authorized period had expired. Further, the applicant shall consent in writing to special assessment of any city expenditure in excess of the performance guarantee or deposit to complete removal or cure.
2. In the event that a temporary structure is not removed by a permit holder at the end of the permit period the City may use the performance guarantee to remove the temporary structure once the permit has expired.
3. If the applicant removes the temporary structure as dictated by the permit the performance guarantee shall be returned when all the terms and conditions of the temporary zoning permit have been met and the temporary use or structure has been removed.

2. Temporary Zoning Permit: A temporary zoning permit may be required by the Zoning Administrator for any proposed temporary use, building or structure, except those already covered by the City’s Special Events procedure, Fire Code, or Transient Merchants procedure. Any temporary zoning permit may be approved, modified, conditioned or denied by the Zoning Administrator. The Zoning Administrator may refer an application for a temporary zoning permit to the Planning Commission.

1. A written temporary zoning permit may be issued for any temporary use, except those already covered by the City’s Special Events procedure, Fire Code, or Transient Merchants procedure, and shall contain the following information:

1. The applicant's name
2. The location and effective dates of the temporary use
3. Conditions under which the permit was issued, included but not limited to:

1. use and placement of signs
2. provision for security and safety measures
3. control of nuisance factors.

4. Submission of performance guarantee, if applicable
5. Signature of the Zoning Administrator and owner and/or operator on the permit.

2. The zoning administrator may impose conditions with the issuance of a permit which are designed to ensure compliance with the requirements of this Ordinance. The Zoning Administrator may revoke a permit at any time for nonconformance with the requirements of this section and a permit issued thereunder.
3. Request for permit renewal shall be filed at least fifteen (15) days prior to the expiration date of the current permit. Applications for renewal or extension of a permit having a duration of fifteen (15) days or less shall be applied for at least three (3) days prior to the expiration date of the current permit.
4. Revocation: Upon expiration or revocation of a temporary zoning permit for a temporary use, the temporary use shall cease and all temporary structures, dwellings or buildings shall be removed from the parcel of land. A temporary zoning permit may be revoked or modified by the Zoning Administrator if any one of the following findings can be made:

1. That circumstances have changed
2. That the temporary zoning permit was obtained by misrepresentation or fraud
3. That one (1) or more of the conditions of the temporary zoning permit have not been met
4. That the permitted use violates any statute, ordinance, law, or regulation.

3. Conditions of Approval:

1. The nature of the temporary use and the size and placement of any temporary structure shall be planned so that the temporary use or structure will be compatible with existing development.
2. The use shall not be typically located within a permanent building or structure.
3. The parcel shall be of sufficient size to adequately accommodate the temporary use or structure.
4. The location of the temporary use or structure shall be such that adverse effects on surrounding properties will be minimal, particularly regarding the traffic generated by the temporary use or structure.
5. Off-street parking areas are of adequate size for the particular temporary use or structure and properly located and the entrance and exit drives are laid out so as to prevent traffic hazards and nuisances.
6. Signs shall conform to the provisions of this Ordinance.
7. Any lighting shall be directed and controlled so as to not create a nuisance to neighboring property owners.

4. Appeal: An appeal of a decision by the Zoning Administrator relative to denial of a temporary use, building or structure or of a temporary zoning permit or renewal thereof may be taken to the Zoning Board of Appeals pursuant to Section XXV of this Ordinance.
5. Habitation of Accessory Structures and Travel Trailers: No recreational vehicle or travel trailer, fixed or portable garage, barn, or accessory buildings, or cellar shall be used or occupied as a dwelling.

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1. Requirements: In authorizing a Temporary Permit, Development Permit, Site Plan approval, Special Use Permit, Planned Unit Development approval or variance, the body or official(s) which approves the respective request, as designated by this Ordinance, may require that a performance guarantee or bond be furnished to insure:

1. Compliance with the requirements, specifications and conditions imposed with the grant of such approval, permit or variance;
2. The discontinuance of a temporary use by a stipulated time; and to provide sufficient resources for the City to complete required improvements or conditions in the event the permit holder does not.

1. Improvements Covered: Improvements that shall be covered by the performance guarantee or bond include, but are not necessarily limited to: streets and other roadways, utilities, fencing, screening, landscaping, common open space improvements, lighting, drainage and sidewalks. The performance guarantee shall meet the following requirements:

1. Form: The performance guarantee shall be in the form of cash, certified check, irrevocable bank letter of credit, surety bond, or similar instrument acceptable to the City, which names the property owner as the obligor and the City as the obligee.
2. Time when required: The performance guarantee or bond shall be submitted at the time of issuance of the permit authorizing the activity or the project. If appropriate, based on the type of performance guarantee submitted, the City shall deposit the funds in an account in a financial institution with which the City regularly conducts business.
3. Amount: The amount of the performance guarantee or bond shall be sufficient to cover the estimated cost of the improvements or conditions. Additional guidelines for establishing the amount of a performance guarantee or bond may be prescribed by resolution of the City Commission.

1. Return of Performance Guarantee or Bond: The City, upon the written request of the obligor, and pursuant to the procedure in the next subsection, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvement or condition.
2. Withholding and Partial Withholding of Performance Bond: As required improvements are completed, or when all of the required improvements have been completed, the obligor shall send written notice to the zoning administrator of completion of said improvements. Thereupon, the zoning administrator shall inspect all of the improvements and shall transmit recommendation to the Planning Commission and City Commission indicating either approval, partial approval, or rejection of the improvements or conditions with a statement of the reasons for any rejections. If partial approval is indicated, the cost of the improvement or condition rejected shall be presented.

1. The Planning Commission shall recommend and the City Commission shall either approve, partially approve or reject the improvements or conditions with the recommendation of the zoning administrator's written statement and shall notify the obligor in writing of within sixty (60) days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from liability pursuant to relevant portions of the performance guarantee or bond, except for that portion adequately sufficient to secure provision of the improvements not yet approved.
2. Should installation of improvements begin and fail to meet full completion based on the approved Site Plan, or if the project area is reduced in size and improvements are only partially completed or conditions only partially met, the City may complete the necessary improvements or conditions itself or by contract, and assess all costs of completing the improvements or conditions against the performance guarantee or bond. Any balance remaining would be returned to the applicant. Any amount spent in excess of the money or guarantee on deposit shall be assessed against the property.

1. Record of Performance Guarantees: the City shall maintain a record of authorized performance guarantees.

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1. Intent: It is the intent of this section that off-street parking spaces shall be provided and adequately maintained by each property owner in every district for the parking of motor vehicles for the use of occupants, employees and patrons of each building and premise constructed, altered, or enlarged under the provisions of this Ordinance.
2. Scope: At the time any building or structure is erected, enlarged or increased in capacity, or a new land use is established, off-street parking spaces for new or additional development shall be provided according to the requirements of this section and Table IB.
3. Parking and Loading Plan Review: Whenever three (3) or more vehicle parking spaces are required for a given use of land, plans, specifications for the construction or alteration of an off-street parking area shall be submitted for approval by the Zoning Administrator before a development permit is issued. Such plans and specifications shall indicate the location, precise use of buildings, size, design, surfacing, marking, lighting, drainage, curbing and curb cuts, entrances, exits, landscaping, and other detailed features as required by the provisions and standards of this zoning ordinance and other applicable laws and rules.
4. Location of Parking Areas: In all districts, except Business Districts (B-1 through B-5), off-street parking and loading areas shall be located on the same lot or on an adjacent lot in the same zoning district as the building, structure, or the parking area is intended to serve. In the case of Business Districts, parking may be provided within three hundred (300) feet so long as the parking is not located in a residential zone.
5. Parking Areas Existing Before the Effective Date of This Ordinance: No parking area or parking space or loading area which exists at the time this Ordinance becomes effective shall be relinquished or reduced in any manner below the requirements established by this Ordinance.
6. Uses of Parking Areas: Parking spaces and loading areas shall be used exclusively for the parking of vehicles associated with a building, structure or land use in a manner consistent with the purpose for which it is designed. No commercial activity or selling of any kind shall be conducted within required parking areas. Permitted temporary uses may operate in overflow parking areas or setback areas provided no clear vision or other safety hazard is present. Vehicles shall not be repaired, stored, or displayed for sale or hire in parking lots unless the principal use is classified for such uses.
7. Design and Access Standards: Multi-family, commercial and industrial land use areas shall meet the screening, landscaping, and lighting standards of this ordinance.
8. Maintenance Standards: Parking and loading areas in all districts shall be paved, marked and defined by curbing or curb stops.
9. Maximum Parking: The maximum amount of parking permitted for any use or group of uses shall not exceed the minimum parking requirements by more than one-third (33%)
10. Loading Space Required: In order to prevent undue interference with public use of streets, parking lots and alleys, uses such as manufacturing, storage, warehouse, department store, wholesale store, retail store, hotel, hospital, laundry, dairy, mortuary, and other uses similarly and customarily receiving or distributing goods by motor vehicle shall provide space on the premises for that number of vehicles that will be at the premises at the same time on an average day of full use. Loading spaces shall:

1. Be provided as area additional to off-street parking space and shall not be considered as supplying off-street parking space.
2. Not interfere with fire access.
3. Provide adequate space for standing, loading, and unloading services and be not less than twelve (12) feet in width, twenty-five (25) feet in length, and fourteen (14) feet in height, open or enclosed, for similar uses similarly involving the receipt or distribution by vehicles of materials or merchandise.
4. Have access provided as directly as possible from a public street or alley and be arranged so as to provide sufficient off-street maneuvering space.

1. Joint Use of Parking Areas: The joint use of parking facilities by two or more uses may be allowed whenever such use is practical and satisfactory to each of the uses intended to be served, and when all requirements for location, design, and construction are met.

1. Computing Capacities: In computing capacities of any joint use, the total space requirement is the sum of the individual requirements that will occur at the same time each day. If space requirements for individual uses occur at distinctly different times, the total of such off-street parking facilities required for joint or collective use may be reduced by the Planning Commission below the same total of the individual space requirements.
2. Record of Agreement: A copy of an agreement between joint users shall be provided to the City. The agreement shall include provisions which assure continued long-term use and maintenance of the parking facility by each party, and their successors in interest, including owners and occupants of the premises which are served by the parking facility.

1. Dimensional Requirements: Each parking space shall be a minimum of eight (8) feet wide by eighteen (18) feet long. Maneuvering isles shall be a minimum of twelve (12) feet wide for one-way traffic and twenty-two (22) feet for two-way traffic. Excessively wide isles shall not be permitted.
2. Downtown Parking Overlay District: A downtown parking overlay district is hereby created as outlined in Figure 23-2. Within said overlay area is permitted the following: [amended 2/03]

1. In the downtown parking overlay district only, all land uses, except residential, may use on-street parking for up to thirty percent (30%) of their required parking area.
2. In the downtown parking overlay district, shared parking agreements are encouraged. Parking areas for other than single or two-family residential uses may be located up to 1,000 feet from the building they are intended to serve and may be provided in any zoning district except the R-1 district.

1. In all areas except for the downtown parking overlay district, off-street parking for nonresidential uses shall be either on the same property or on a property zoned to permit parking areas. The parking area shall be within three hundred (300) feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot. [amended 2/03]

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On the same premises with every building, structure, or part thereof, involving the receipt or distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot, adequate space for standing, loading and unloading in order to avoid undue interference with the public use of dedicated rights-of-way. Such space shall be provided as follows:

1. All spaces shall be provided as required in Article XXI, Schedule of Regulations, except as hereinafter provided for "I" districts.
2. All spaces shall be laid out in the dimension of at least ten by fifty (10 x 50) feet, or five hundred (500) square feet in area, with clearance of at least fourteen (14) feet in height. Loading dock approaches shall be provided with a pavement having an asphalt or Portland cement binder so as to provide a permanent, durable, and dustless surface.

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It is the purpose of this Section to require site plan review approval for certain buildings, structures, projects, and uses that can have a significant impact on natural resources, environmental quality, traffic patterns and the character of future development. Certain land uses possess characteristics, which can become undesirable because their intrinsic needs, operations and/or appearance have influence beyond their own perimeter. It is hereby deemed prudent and necessary to apply limits and guidelines which will encourage environmentally, and economically sustainable development practices.

Site plan review shall be applied to protect property values; to protect and promote public health, safety and general welfare by requiring access management, screening, buffering and landscaping of sites; to preserve groundwater and respect natural water cycles; to conserve natural features and resources; and to provide shade, conserve energy, provide visual and sound privacy and otherwise facilitate the creation of a convenient, attractive and harmonious community. The requirements contained in this Section are further intended to reduce hazards to life and property due to fire, flooding, soil erosion, inadequate surface water drainage, inadequate sewage disposal systems, pollution, dust, fumes, noise, vibration, noxious odors, and other hazards, and to facilitate the provision of a system of roads, streets, parking, municipal sewage disposal, storm sewers, municipal water supply, and other public needs.

1. Scope and Applicability: Site Plan review and approval shall be required in accordance with the procedures of this Ordinance prior to applying for a development permit or building permit for the construction, reconstruction, erection or expansion of any building or structure. Once a site plan is submitted, no clearing of the site or land disturbances shall occur until site plan approval is given and required performance guarantees are in place.

2. Approval required: Site plan review and approval is required for the following:

1. All business and industrial uses, or an expansion of such uses.
2. Developments with more than one dwelling per parcel, including but not limited to condominium projects developed pursuant to the Condominium Act p. a. 59 of 1978 as amended.
3. Expansion or paving of off-street parking and/or a change in circulation or access.

2. Staff approval: Sites of 2 acres or under with developments comprised of or adding 10,000 square feet or less, except those designated by this ordinance for Planning Commission review and approval shall be reviewed and require approval by the Zoning Administrator. The Zoning Administrator shall consult staff members from various city departments, as appropriate, to assist with the review.
3. Staff denial: In the event the Zoning Administrator rejects a site plan or a substantial portion of a site plan, the applicant shall have the right to review by the Planning Commission, which shall review the site plan or portion thereof in question, applying the same standards and method of review which is used in all planning commission site plan reviews.
4. Staff referral: In cases where the Zoning Administrator reasonably determines that a site plan presents problems or issues which should be reviewed for approval or rejection by the planning commission because of area wide effects, or technical difficulties or considerations, the Zoning Administrator may, with proper notice to the owner, refer the matter to the planning commission for review and action in accordance with the procedures and standards set forth for all planning commission review activities by this ordinance.
5. Planning Commission approval: Site plan review and approval by the Planning Commission is required as follows:

1. For Planned Unit Developments.
2. For all Special Uses.
3. For all multi-family developments with over 8 units.
4. For newly developed or redeveloped sites with over 2 acres of land, or for developments comprised of or adding over 10,000 square feet of structure.
5. For matters which have been appealed or referred to the planning commission from the Zoning Administrator, In such cases the planning commission may either approve or reject the applicable portion of the site plan, or it may refer the matter to the Zoning Administrator with further instructions.

2. Review process:

1. Consultation: A preliminary meeting with staff is recommended prior to the submission of a site plan review application.
2. Preliminary review: The applicant may choose to submit a sketch plan to staff or the Planning Commission for preliminary input prior to the submittal of a full site plan.
3. Final Submittal: The Zoning Administrator shall review the application and site plan for completeness. Complete plans shall be forward for staff and Planning Commission review, as appropriate.

2. Information required: Information in possession of the City may be used to the extent appropriate for the proposed development. The Zoning Administrator may waive informational requirements clearly not applicable to a particular development. Site Plan Review materials shall consist of the following, as applicable:

1. Application and review fee: The fee set by resolution of the City Commission for site plan review shall be paid upon application. An application for site plan review shall be made on a form supplied by the Zoning Administrator. A sufficient number of plans shall be provided for distribution and review.
2. Proof of ownership or option interest, or permission from the owner to engage in site plan approval.
3. Legal description of the property.
4. Project description.
5. Stormwater management plan.
6. Site Plan: Site plans shall be at a scale of not less than one (1) inch equals one hundred (100) feet with the following minimum information:

1. The name and address of the person or firm who drafted the plan and the date on which the plan was prepared. Dates of updates to the plan shall also be recorded on the site plan.
2. North arrow, vicinity map, scale, parcel number(s) and address of the property.
3. Property lines, parcel dimensions, total site area.
4. Location of existing and proposed structures, setbacks, dimensions and height. This information must also be provided for all accessory structures.
5. Area reference points for adjacent properties, such as drives and structures within 100 feet.
6. Existing land use and zoning classification of abutting properties.
7. Topography elevations at five (5) foot contour intervals based on USGS datum with arrows showing the direction of existing overland flow of storm water runoff.
8. A grading plan showing proposed contours and spot elevations clearly indicating proposed earth changes and proposed flow of stormwater.
9. A statement as to the suitability of such soils regarding the intended use as well as any soil erosion & sedimentation control measures to be used.
10. Indication of natural features including vegetation. Significant vegetation shall be outlined and described as retained or removed.
11. Water courses and water bodies, and demarcation of the ordinary high water mark or floodplain.
12. Location and size of existing and proposed public utilities and respective easements.
13. Location of easements and existing public streets, in and abutting the site, including pavement width and right-of-way lines.
14. Location and dimensions of existing and proposed driveways and parking areas for customers, employees and commercial vehicles. Site circulation patterns shall also be included.
15. Location, size, of loading and unloading areas.
16. Location of snow storage areas or means for disposing of excess snow.
17. Location and design of all pedestrian and non-motorized transportation systems and fixtures needed to support them.
18. A landscape plan showing required planting and buffering features that comply with this ordinance.
19. Location and use of all common open spaces, recreation areas and facilities (if any) provided by the development for its users, and the method by which they will be maintained.
20. Location, type, height and design of all outdoor lighting to be used on the site.
21. Location and specifications for all solid waste disposal facilities, including recycling facilities (if any).
22. Location and design of all signs and advertising features, including diagram of height and size of said signs.
23. Location of fire lanes, fire lock box, hydrants, standpipes and security lighting.
24. Location and specifications for existing or proposed outside, above or below ground storage facilities for any chemicals, salts, flammable materials, or hazardous materials, as well as containment structures or clear zones required by governmental authorities.
25. A signature block for the applicant, Zoning Administrator and Chair of the Planning Commission to be signed once the final site plan is approved.

2. Professional Review: Additional studies may be required of the applicant for developments with regional impact including but not limited to, stormwater or infrastructure impact assessment and, traffic studies. The applicant may either provide the necessary studies or staff will obtain estimates for such studies based a consultant's estimate to perform them. Funds to cover consultant fees shall be provided by the applicant and shall be held in escrow by the city.
3. Conditions of Approval: As part of an approval to any site plan, conditions or limitations may be placed for protection of the public interest. Such conditions shall be related to and ensure that the review standards of this ordinance are met. A record of conditions imposed shall be maintained. If the Site Plan is approved with conditions the applicant shall submit a revised Site Plan with other required documents demonstrating compliance to the Zoning Administrator for approval prior to the application for a building or development permit.
4. Standards for Site Plan approval: Prior to approving a site plan, the City shall require that the following standards be satisfied:

1. Schedule of Regulations: The site plan shall comply with the requirements for height, lot size, yard space, density and all other requirements as set forth in the district regulations.
2. Other codes and standards: To the extent necessarily shown in the site plan, it shall comply with other applicable City codes and standards.
3. Compatibility with surrounding land use and development: All elements shall be located, designed and organized in relation to topography, the size and configuration of the parcel, the character of adjoining property and the type and size of the buildings. The site shall be developed so as not to impede the normal and orderly development or improvements of surrounding property for uses permitted in this Zoning Ordinance.
4. Preservation of natural features: The landscape shall be preserved in its natural state, insofar as practical, by removing only those areas of vegetation or making those alterations to the topography which are reasonably necessary to develop the site.
5. Landscaping: Landscape buffers, and greenbelts shall be provided and designed in accordance with the provisions of this Ordinance. Fences, walks, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of the property and for the privacy of occupants and neighbors.
6. Stormwater management: Drainage design shall recognize existing natural drainage patterns. Stormwater removal shall not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made to accommodate stormwater on-site, using sound engineering practices.
7. Soil erosion control: Appropriate measures shall be taken to ensure compliance with state and local soil and sedimentation control regulations.
8. Wetlands Protection: The natural retention or storage capacity of any wetland, water body, or water course will not be substantially reduced or altered in a way which could increase flooding or water pollution at the site or other locations.
9. Emergency Access: All site improvements and structures shall be arranged so as to permit necessary emergency vehicle access and to comply with the locally adopted fire code.
10. Public streets and private roads: All uses must have access to a public street or a private road. All streets and curb cuts shall be developed in accordance with City specifications, the Michigan Department of Transportation, and/or private road regulations of the City, whichever applies.
11. Access Management: Streets and drives on a site shall be of a width appropriate to the traffic volume they will carry and shall have adequate paved areas for vehicles. Traffic mitigation techniques such as on-site parallel access lanes, rear access lanes, deceleration lanes and traffic calming measures may be required. Shared curb cuts and accessways may also be required.
12. Site Circulation and Parking: Parking areas shall meet the requirements of this ordinance. All parking spaces and circulation patterns shall be marked