Zoning Ordinance

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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: August 2018
                                                  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.)




                                                          i
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.)



                                                          ii
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…)

                                                           iii
   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, 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
                                                        iv
   (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.)
                                                         v
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.)
                                                          vi
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.)
                                                         vii
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)

                                                        viii
   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)
                                                    ix
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’ )




                                                        x
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 )
                                                       xi
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 Provisions, 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)

July 2007
Article XXIII “General Provisions”, Section 2331: Landscaping, Fencing, Walls, Screens,
and Lighting, #20, d (Amended to clarify “horizontal plane”)

December 2007
Article XXIII “General Provisions”, Section 2334: Signs, #5, o (Amended to add “sidewalk signs” as
exempt signs in all zoning districts)
Article XXIII “General Provisions”, Section 2334: Signs, #4,io (Amended to remove “A-frame signs”
from “Prohibited signs”)
Article II “Definitions”, (Amended to add a definition for          “Sidewalk Signs”)


February 2008

Article XIII “B-4, General Business”, Section 1301: Special Land Uses Permitted, #14;
Article XIV, “I-1, Light Industrial”, Section 1400: Special Land Uses Permitted, #13; and
Article XV, “I-2, General Industrial”, Section 1500, #9 (Amended to remove reference to Section 2308)

May 2008

Article XXIII “B-4, General Business, Section 1301: Special Land Uses Permitted, #12”,
(Amended to add “Craft Shops” as a special land use )


September 2008
Article IV“R, One Family Residential, Section 404: Area and Bulk Requirements, #6”,
(Amended to allow homes in established Historic Districts to be up to 3 stories or 45 feet in height )
Table I “Heights, Area, and Yards”, Table Notes, #10. (Noted special accommodation for 3 stories
in R-1.)

                                                           xii
    Article XIX “WM, Waterfront Marine Districts, Section 1901: Special Land Uses Permitted”,
    (Amended to add “Museums” as a special land use)

October 2008
   Article XXIII, “General Provisions”, Section 2308: Outdoor Seating (Amended requiring 6 feet
    of paved area for pedestrian circulation)

January 2009
   Article XXIII, “General Provisions”, Section 2324, #1: Temporary Buildings, Structures,
   and Uses (Amended to include “movie production” structures as permitted temporary buildings)

October 2009
   Article XXIII, “General Provisions”, Section 2311, #10: Temporary Buildings, Structures,
   and Uses (Amended to include “wind turbines” as permitted temporary structures.)

    Article XXIII, “General Provisions”, Section 2327 (Amended to include “Wind Turbine Facilities
    (WTF)”.)

    Article II “Definitions”, (Amended to add         definitions for “Wind Turbine” and “Wind Turbine Facility”.)


    Article XI, “B-2”, Section 1101, #14; Article XII, “B-3” Section 1201, #11; Article XIII,”B-
    4” Section 1301, #6 and Article XIII “B-5”, Section 1306, #6; Article XIV, “I-1”, Section
    1401, #7; Article XV,”I-2”, Section 1501, #5 (Amended to include “Wind Turbine Facilities (WTF) as
    special uses”.)

December 2009
   Article XXIII, “General Provisions”, Section 2334, #5 (f): Signs (Amended to modify “exempt
    signs”.)
    Article II “Definitions”, (Amended to modify the definition of “Mezzanine”.)

February 2010
   Article II, “Definitions” (Amend to add definition for “vintage shops.”)
   Article XI “B-2, Convenience and Comparison Business Districts”, Section 1101: Special
   Land Uses Permitted (Amended to include “vintage shops” as special use permitted.)

March 2010
  Article XXIII, “General Provisions”, Section 2334, #5(p): Signs                      (Amend to allow sporting venues to
    display signage to those in attendance)
    Article XXIII, “General Provisions”, Section 2334, #5(q): Signs                     (Amend to allow signage related to
    on-site sustainability and conservation efforts

April 2010
  Article VII, “RM-1, Low Density Multiple-Family Residential Districts”, Section 700, #9:
  Principle Uses Permitted (Amend to allow “assisted living facilities” as a principal use permitted in RM-1, Low
  Density Multiple-Family Residential Districts)


May 2010
  Article XIII, “General Provisions”, Section 2313: Community Gardens                             (Amended to add
    provisions for “community gardens”.)


                                                            xiii
June 2010
   Article XXIII, “General Provisions”, Section 2334, #5m: Signs                           (Amended to modify the rules on
    banners.)


September 2010
   Article II, “Definitions”          (Amended to provide a definition for Transitional Living Centers)


October 2010
   Article XXIII, “General Provisions,” Section 2326: Off-Street Parking and Loading                                 (Amended
    to ease the parking restrictions on small businesses in the downtown parking overlay district.)


November 2010
   Article XXIII, “General Provisions,” Section 2324: Temporary Buildings, Structures and
   Uses (Amended to allow temporary fencing as part of erosion control methods.)

December 2010
   Article XIV, “B-5, Governmental Services District,” Section 1306: Special Use Permits
    (Amended to allow Transitional Living Centers as a special use permitted in B-5, Governmental Services Districts)


March 2011
  Article XXIII, “I-2,”General Provisions,” Section 2331: Landscaping, Fencing Screens,
  Walls and Lighting (Amended to modify the guidelines on outdoor lighting.)

March 2011
  Article XV, “I-2, General Industrial District,” Section 1500: Principal Uses Permitted
  (Amended to allow medical marihuana caregiver facilities as a principal use permitted in I-2, General Industrial Districts.)

February 2012
   Article XI “B-2,Convenienvce and Comparison Business District,” Section 1100: Principal
   Uses Permitted (Amended to allow stores selling second hand merchandise as a principal use permitted in B-2,
    Convenience and Comparison Business Districts.)


February 2012
   Article XI “B-2,Convenienvce and Comparison Business District,” Section 1101: Special
   Land Uses Permitted (Amended to remove the restrictions on stores selling second hand merchandise in B-2,
    Convenience and Comparison Business Districts.)


March 2012
  Article II, “Definitions”; Article XI, “B-2,” Section 1100 & 1101; Article XII, Section 1200
  & 1201; Article XIII, “B-4,” Section 1300 & 1301; Section 1304, “B-5”; Article XIV, “I-1,”
  Section 1400: (Amended to include alcohol manufacturing facilities.)

October 2012
   Section 1504 “WI-PUD, Waterfront Industrial Planned Unit Development”: (Amended to include
    manufacturing that is dependent on port facilities.)


March 2013
  Section 2326 “Parking”: (Amended to lessen the parking requirements on previously existing buildings in the
    Downtown Parking Overlay District.)

                                                              xiv
March 2015
  Article XI “B-2, Convenience and Comparison Business District,” Section 1100: Principal
  Uses Permitted (Amended to allow recreational facilities)

April 2015
  Section 2313 “Community Gardens, Private Gardens, and Urban Commercial Farms”:
  (Amended to replace Community Gardens ordinance.)

April 2015
  Article XX “Form Based Code”: (Amended to create a Form Based Code district.)

August 2015
  Article IV “R-1, Single Family Residential District,” Section 400: Principal Uses Permitted
  (Amended to allow multiple family residential under certain circumstances.)

July 2017
   Section 2334 “Signs”: (Amend to allow electronic message board signs in B-1 and WM
   districts)

April 2018
  Section 2321 “WCSF”: (Amend to allow WCSFs at Marsh Field and Water Filtration Plant)

May 2018
  Section 2334 “Signs”: (Amend to allow electronic message board signs in B-1 and WM
  districts)

January 2018
   Section 2310 “Critical Dunes”: (Amend to create a Critical Dune ordinance)

July 2018
   Section 2311 “Fences”: (Amend to allow fences in front yards on corner lots under certain
   conditions)
   Section 2311 “Accessory Structures & Buildings”: (Amend to allow accessory structures in
   front yards on corner lots)




                                                  xv
                                                     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: ................................................................................... 31
ARTICLE III - ZONING DISTRICTS AND MAP ................................................................. 40
   SECTION 300:             DISTRICTS ..................................................................................................... 40
   SECTION 301:             BOUNDARIES ............................................................................................... 40
   SECTION 302:             ZONING OF VACATED AREAS: ................................................................. 41
   SECTION 303:             ZONING OF ANNEXED AREAS: ................................................................. 41
   SECTION 304:             DISTRICT REQUIREMENTS: ...................................................................... 41
ARTICLE IV - SINGLE FAMILY RESIDENTIAL DISTRICTS ..... ERROR! BOOKMARK
NOT DEFINED.
   PREAMBLE .............................................................................................................................. 43
   SECTION 400: PRINCIPAL USES PERMITTED ................................................................... 43
   SECTION 401: SPECIAL LAND USES PERMITTED [AMENDED 2/02] ................................ 43
   SECTION 402: [RESERVED] [AMENDED 8/01] ...................................................................... 45
   SECTION 403: PLANNED UNIT DEVELOPMENT OPTION [AMENDED 12/97] .... 45ERROR!
   BOOKMARK NOT DEFINED.
   SECTION 404: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .............................. 50
   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
                                                                        xvi
   SECTION 515: SPECIAL LAND USES PERMITTED ........................................................... 56
ARTICLE VI - RT TWO-FAMILY RESIDENTIAL DISTRICTS ...................................... 57
   PREAMBLE ............................................................................................................................ 577
   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] ................................. 72
   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 ........................................................... 81
   SECTION 906: PLANNED UNIT DEVELOPMENTS............................................................ 81
   SECTION 907: AREA AND BULK REQUIREMENTS ......................................................... 81
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] ............................ 87
ARTICLE XI - B-2 CONVENIENCE AND COMPARISON BUSINESS DISTRICTS ..... 90
   PREAMBLE .............................................................................................................................. 90
                                                                    xvii
  SECTION 1100:            PRINCIPAL USES PERMITTED ................................................................. 90
  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] ............................ 95
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 ................................................. 103
  PREAMBLE ............................................................................................................................ 103
  SECTION 1300: PRINCIPAL USES PERMITTED ............................................................... 103
  SECTION 1301: SPECIAL LAND USES PERMITTED ....................................................... 105
  SECTION 1302: PLANNED UNIT DEVELOPMENTS [AMENDED 10/98] .......................... 107
  SECTION 1303: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .......................... 108
B-5 CENTRAL GOVERNMENTAL SERVICE DISTRICT [AMENDED 3/98] .............. 110
  PREAMBLE ............................................................................................................................ 110
  SECTION 1304. PRINCIPAL USES PERMITTED: .............................................................. 110
  SECTION 1305: PROHIBITED USES ................................................................................... 111
  SECTION 1306: SPECIAL LAND USES .............................................................................. 111
  SECTION 1307: PLANNED UNIT DEVELOPMENTS ....................................................... 113
  SECTION 1308: AREA AND BULK REQUIREMENTS ..................................................... 113
ARTICLE XIV - I-1 LIGHT INDUSTRIAL DISTRICTS ................................................. 1155
  PREAMBLE ............................................................................................................................ 115
  SECTION 1400: PRINCIPAL USES PERMITTED ............................................................... 115
  SECTION 1401: SPECIAL LAND USES PERMITTED ....................................................... 116
  SECTION 1402: PLANNED UNIT DEVELOPMENTS [AMENDED 10/98] .......................... 117
  SECTION 1403: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .......................... 117
  SECTION 1404: BUSINESS CONDUCT LIMITATION ...................................................... 119
ARTICLE XV - I-2 GENERAL INDUSTRIAL DISTRICTS .............................................. 120
  PREAMBLE ............................................................................................................................ 120
  SECTION 1500: PRINCIPAL USES PERMITTED ............................................................... 120
  SECTION 1501: SPECIAL LAND USES PERMITTED ....................................................... 120
  SECTION 1502: PLANNED UNIT DEVELOPMENTS [AMENDED 10/98] .......................... 120
  SECTION 1503: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .......................... 121
WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT
DISTRICTS [AMENDED 4/00]............................................................................................... 123
  PREAMBLE ............................................................................................................................ 123
  SECTION 1504: USES PERMITTED .................................................................................... 123
  SECTION 1505: PROHIBITED USES ................................................................................... 125
  SECTION 1506: REVIEW STANDARDS............................................................................. 125
  SECTION 1507: AREA AND BULK REQUIREMENTS ..................................................... 126

                                                                  xviii
ARTICLE XVI - OSC OPEN SPACE CONSERVATION DISTRICTS ............................ 129
  PREAMBLE ............................................................................................................................ 129
  SECTION 1600: PRINCIPAL USES PERMITTED ............................................................... 129
  SECTION 1601: SPECIAL LAND USES PERMITTED ....................................................... 129
  SECTION 1602: PLANNED UNIT DEVELOPMENTS [AMENDED 10/98] .......................... 130
  SECTION 1603: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .......................... 130
ARTICLE XVII - OSR OPEN SPACE RECREATION DISTRICTS ................................ 132
  PREAMBLE ............................................................................................................................ 132
  SECTION 1700: PRINCIPAL USES PERMITTED ............................................................... 132
  SECTION 1701: SPECIAL LAND USES PERMITTED ....................................................... 132
  SECTION 1702: PLANNED UNIT DEVELOPMENT [AMENDED 10/98] ............................. 133
  SECTION 1703: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .......................... 133
ARTICLE XVIII - LR LAKEFRONT RECREATION DISTRICTS ................................. 135
  PREAMBLE ............................................................................................................................ 135
  SECTION 1800: PRINCIPAL USED PERMITTED .............................................................. 135
  SECTION 1801: SPECIAL LAND USES PERMITTED ....................................................... 135
  SECTION 1802: PLANNED UNIT DEVELOPMENTS [AMENDED 10/98] .......................... 136
  SECTION 1803: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .......................... 136
ARTICLE XIX - WM WATERFRONT MARINE DISTRICTS......................................... 138
  PREAMBLE ............................................................................................................................ 138
  SECTION 1900: PRINCIPAL USES PERMITTED ............................................................. 1388
  SECTION 1901: SPECIAL LAND USES PERMITTED ..................................................... 1388
  SECTION 1902: PLANNED UNIT DEVELOPMENTS [AMENDED 10/98] .......................... 139
  SECTION 1903: AREA AND BULK REQUIREMENTS [AMENDED 4/00] .......................... 139
ARTICLE XX - FORM BASED CODE ................................................................................. 141

ARTICLE XXI - SCHEDULE OF REGULATIONS AND DEVELOPMENT OPTIONS141
  SECTION 2100........................................................................................................................ 141
  SECTION 2W101: DEVELOPMENT OPTIONS ................................................................... 141
  SECTION 2102: PLANNED UNIT DEVELOPMENT OVERLAY ...................................... 144
TABLE I: HEIGHTS, AREAS, AND YARDS [AMENDED 4/00] ..................................... 146
  PREAMBLE ............................................................................................................................ 146
  TABLE I: HEIGHTS, AREAS, AND YARDS ....................................................................... 147
  TABLE NOTES....................................................................................................................... 149
ARTICLE XXII – NONCONFORMING LOTS, USES, AND STRUCTURES ................. 150
  SECTION 2200: INTENT....................................................................................................... 150
  SECTION 2201: NONCONFORMING LOTS ....................................................................... 150
  SECTION 2202: NONCONFORMING USES OF LAND ..................................................... 150
  SECTION 2203: NONCONFORMING STRUCTURES ....................................................... 151
  SECTION 2204: [RESERVED] .............................................................................................. 152
  SECTION 2205: POWER OF CONDEMNATION................................................................ 152

                                                                   xix
ARTICLE XXIII - GENERAL PROVISIONS [ARTICLE AMENDED 3/23/98] ............. 154
 SECTION 2300: INTENT AND PURPOSE ........................................................................... 154
 SECTION 2301: EFFECT OF ZONING................................................................................. 154
 SECTION 2302: LAND DISTURBANCES ........................................................................... 154
 SECTION 2303: PLOT PLAN REQUIRED ........................................................................... 155
 SECTION 2304: ONE BUILDING TO A LOT....................................................................... 156
 SECTION 2305: REDUCTION OF PARCELS BELOW MINIMUM REQUIRED SIZE,
 WIDTH, OR DEPTH ............................................................................................................... 156
 SECTION 2306: ALLOCATION OF LOT AREAS & CONFIGURATION OF LOTS ......... 156
 SECTION 2307: PERMITTED YARD ENCROACHMENTS .............................................. 157
 SECTION 2308: OUTDOOR SEATING [AMENDED 3/97, AMENDED 4/00] [AMENDED 3/07] 157
 SECTION 2309: HEIGHT REGULATIONS.......................................................................... 158
 SECTION 2310: CRITICAL DUNES..................................................................................... 205
 SECTION 2311: ACCESSORY STRUCTURES & BUILDINGS [AMENDED 4/04] .............. 169
 SECTION 2312: UTILITY AND PUBLIC SERVICE BUILDINGS ...................................... 172
 SECTION 2313: COMMUNITY GARDENS, PRIVATE GARDENS & URBAN
 COMMERCIAL FARMS [AMENDED 5/15] .........................ERROR! BOOKMARK NOT DEFINED.
 SECTION 2314: [RESERVED] [AMENDED 4/00] .................................................................. 177
 SECTION 2315: [RESERVED] [AMENDED 3/97, AMENDED 4/00] ......................................... 177
 SECTION 2316: STORAGE OF VEHICLES......................................................................... 177
 SECTION 2317: EXTERIOR SWIMMING POOLS & HOT TUBS ...................................... 177
 SECTION 2318: [RESERVED] [AMENDED 8/02] .................................................................. 178
 SECTION 2319: [RESIDENTIAL DESIGN CRITERIA] [AMENDED 7/98, AMENDED 4/00,
 AMENDED 8/01, AMENDED 4/02, AMENDED 3/05, AMENDED 8/06, AMENDED 3/07] ................. 178
 SECTION 2320: PRIVATE STREETS .................................................................................. 182
 SECTION 2321: WIRELESS COMMUNICATION SERVICE FACILITIES [AMENDED 12/97]
  ................................................................................................................................................. 183
 SECTION 2322: DAY CARE/CHILD CARE FACILITIES .................................................. 188
 SECTION 2323: FLOOD HAZARD AREAS ........................................................................ 189
 SECTION 2324: TEMPORARY BUILDINGS, STRUCTURES AND USES ...................... 191
 SECTION 2325: PERFORMANCE GUARANTEES ............................................................ 195
 SECTION 2326: OFF-STREET PARKING AND LOADING [AMENDED 2/02] .................... 196
     Figure 23-2: Downtown Parking Overlay District .................Error! Bookmark not defined.
 SECTION 2327: WIND TURBINE FACILITY (WTF) [AMENDED 4/00] [AMENDED 10/09] . 205
 SECTION 2328: [RESERVED] [AMENDED 2/02] ................................................................... 205
 SECTION 2329: OFF-STREET LOADING AND UNLOADING ......................................... 205
 SECTION 2330: SITE PLAN REVIEW [AMENDED 1/00] ...................................................... 206
 SECTION 2331: LANDSCAPING, FENCING, WALLS, SCREENS AND LIGHTING
 [AMENDED 4/00] ....................................................................................................................... 214
 SECTION 2332: SPECIAL LAND USES AND PLANNED UNIT DEVELOPMENTS ....... 221
 SECTION 2333: MEDICAL MARIHUANA FACILTIES OVERLAY DISTRICT .............. 223
 SECTION 2334: SIGNS [AMENDED 8/98] .............................................................................. 227




                                                                        xx
TABLE II: SIGN AREA AND HEIGHT LIMITATIONS .................................................. 243



ARTICLE XXIV - ADMINISTRATION AND ENFORCEMENT ..................................... 245
  SECTION 2400:              ENFORCEMENT ....................................................................................... 245
  SECTION 2401:              DUTIES AND POWERS ............................................................................ 245
  SECTION 2402:              BUILDING PERMITS ................................................................................ 245
  SECTION 2403:              CERTIFICATE OF OCCUPANCY ............................................................ 245
  SECTION 2404:              ZONE CHANGES AND AMENDMENTS ................................................ 246
  SECTION 2405:              PETITIONS, FEES [AMENDED 3/97]........................................................... 246
  SECTION 2406:              PROTEST PETITIONS ............................................................................... 246
  SECTION 2407:              VIOLATION AND PENALTIES [AMENDED 5/12/98]. .............................. 246
  SECTION 2408:              PUBLIC NUISANCE PER SE .................................................................... 247
  SECTION 2409:              RIGHTS AND REMEDIES ARE CUMULATIVE..................................... 247
  SECTION 2410:              FORBEARANCE NOT CONDONED ....................................................... 247
  SECTION 2411:              EACH DAY A SEPARATE OFFENSE ...................................................... 247
  SECTION 2412:              ZONING COMMISSION............................................................................ 247
ARTICLE XXV - ZONING BOARD OF APPEALS [AMENDED 11/00].......................... 248
  SECTION 2500: PURPOSE AND INTENT ........................................................................... 248
  SECTION 2501: CREATION AND MEMBERSHIP [AMENDED 9/05] ................................. 248
  SECTION 2502: POWERS AND DUTIES ............................................................................ 248
  SECTION 2503: APPEALS, APPLICATIONS, FILING PROCEDURE AND FEES [AMENDED
  3/97] ......................................................................................................................................... 251
  SECTION 2504: HEARINGS, NOTICES, ADJOURNMENTS ............................................ 252
  SECTION 2505: TERMINATION OF VARIANCE .............................................................. 253
ARTICLE XXVI - [RESERVED] ........................................................................................... 254

ARTICLE XXVII - REPEAL OF PRIOR ORDINANCE .................................................... 254

ARTICLE XXIII - VESTED RIGHT ..................................................................................... 254

ARTICLE XXIX - SEVERANCE CLAUSE .......................................................................... 254

ARTICLE XXX - ADOPTION AND EFFECTIVE DATE .................................................. 254




                                                                       xxi
                                 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.

Alcohol Manufacturing Facilities:

       Brewpub – an establishment with a license issued in conjunction with a class C, tavern,
       class A hotel, or class B hotel license by the State of Michigan that authorizes the person
       licensed with the class C, tavern, class A hotel, or class B hotel to manufacture and brew
       not more than 5,000 barrels of beer per calendar year in Michigan and sell at those
       licensed premises the beer produced for consumption on or off the licensed brewery
       premises in the manner provided for in sections 405 and 407 of the Michigan Liquor
       Control Act.

       Micro Brewery – A licensed brewery that produces in total less than 30,000 barrels of
       beer per year and that may sell the beer produced to consumers at the licensed brewery
       premises for consumption on or off the licensed brewery premises. In determining the
       30,000-barrel threshold, all brands and labels of a brewer, whether brewed in this state or
       outside this state, shall be combined and all facilities for the production of beer that are
       owned or controlled by the same person shall be treated as a single facility. These
       facilities may also contain a restaurant, bar or tasting room as an accessory use.




                                                3
       Brewery – A facility that is licensed by the Michigan Liquor Control Commission to
       manufacture and sell to licensed wholesalers beer produced by it. These facilities may
       also contain a restaurant, bar or tasting room as an accessory use.

       Small Winery – a winery manufacturing or bottling not more than 50,000 gallons of wine
       in one calendar year. These facilities may also contain a restaurant, bar or tasting room as
       an accessory use.

       Winery – a facility licensed to manufacture wine and sell that wine to a wholesaler, to a
       consumer by direct shipment, at retail on the licensed winery premises, to sell than wine
       to a retailer, and provided for in section 537 of the Michigan Liquor Control Act. These
       facilities may also contain a restaurant, bar or tasting room as an accessory use.

       Small Distillery – a facility for manufacturing spirits not exceeding 60,000 gallons of
       spirits, or of all brands combined. These facilities may also contain a restaurant, bar or
       tasting room as an accessory use.

       Distillery – a facility that is licensed by the Michigan Liquor Control Commission to
       manufacture and sell spirits or alcohol, or both, of any kind. These facilities may also
       contain a restaurant, bar or tasting room as an accessory use.


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.

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]


                                                  4
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.

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


                                                 5
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.

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.

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


                                                 6
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.

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.




                                                7
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.

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]

                                                  8
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.

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

                                                  9
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
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.




                                                10
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.

       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

                                                11
       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.

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.


                                               12
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
       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.


                                                13
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
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


                                                  14
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.

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.




                                                 15
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).

       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).




                                                16
       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
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.


                                                 17
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: A small extra floor between one floor of a building and the next floor up, or if no
floor above then the ceiling next above. The mezzanine shall not occupy more than one-third
(1/3) of the floor area of such story below it and at least one wall must be open to the adjacent
living space below. In no case shall a mezzanine expand the roofline, such as with a dormer.
[amended 12/09]

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,
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.

                                                 18
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
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.

                                                19
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.

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]


                                               20
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.

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.


                                                21
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.

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.




                                                 22
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 hundred (100) square feet
               advertising a service, commodity or establishment, which is not sold, produced,
               manufactured, or furnished at the property on which said sign is located, also
               known as "off-premise sign" or "outdoor advertising structure”.

       5.      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.
               [amended 3/06]




                                                 23
6.    Bulletin Board: A sign which identifies an institution or organization on the
      premises where it is located and which contains the name of the institution or
      organization, the names of individuals connected with it, and general
      announcements of events or activities occurring at the institution or similar
      messages.

7.    Directional: Signs limited to directional messages, principally for pedestrian or
      vehicular traffic, such as "one way", "entrance" and "exit" (see Figure 2-8).

8.    Double-Face Sign: A sign, both sides of which are visible and used as signs. A
      "V" type sign shall be considered a double-face sign provided the least angle of
      intersection does not exceed ninety (90) degrees.

9.    Electronic Message Board: A sign on which copy changes automatically on a
      lampbank or through mechanical means, e.g., electrical or electronic time and
      temperature units [amended 8/98].

10.   Flag: A sign made of natural, synthetic or plastic material having a distinctive
      size, color and design used as a symbol or emblem.

11.   Flashing Sign: Any illuminated sign on which the artificial light is not maintained
      stationary or constant in intensity or color at all times while in use.

12.   Free-Standing: Any non-movable sign not affixed to a building (see Figure 2-8).

13.   Height: The height of sign shall mean the maximum vertical distance from the
      uppermost extremity of a sign or sign support to the average ground level at the
      base of the sign.

14.   Illuminated Sign: Any sign designed to give forth artificial light, or designed to
      reflect any such light given from any source which is intended to cause such light
      or reflection.

15.   Informational Sign: A single or double-faced sign not exceeding six (6) square
      feet in surface area, intended primarily for the convenience of the public or to
      ensure the orderly operation of the site, including but not limited to signs
      designating restrooms, address numbers, hours of operations, public telephone,
      and instructions regarding parking. [amended 4/05]

16.   Monument sign: A sign affixed to the ground with a full footing where the
      display surface is less than two (2) feet above the grade to the bottom of the
      display area (see Figure 2-8).

17.   Name Plate: A two square foot sign located on premises, giving the name or
      address, or both, of the owner or occupant of a building or premises.


                                      24
18.   Off-Premise Sign: A sign located on a different parcel of land or lot or premise
      than where the business, product, service, event, or person or subject is being
      advertised.

19.   On-Premise: A sign located on the parcel of land or lot advertising a business,
      product, service, event, person or subject being offered on said parcel of land or
      lot.

20.   Pennant: A small, often triangular, tapering flag used in multitudes as a device to
      call attention to a land use or activity.

21.   Pole Sign: An advertising structure which is supported by one or more uprights in
      permanent footings with all parts of the display surface of the sign eight (8) feet or
      more above the grade at the base of the sign (see Figure 2-8).

22.   Portable (Temporary): A sign which is not permanently affixed to a building
      (wall sign), structure (pole sign) or the ground (monument sign). Portable or
      temporary signs include without limitation signs supported on wooden posts,
      mobile chassis, motor vehicle, banners, flags, and pennants.

23.   Projecting (Braquet): A sign which is attached directly to and perpendicular with
      a building wall and extends more than twelve (12) inches from the face of said
      wall (See Figure 2-8).

24.   Residential Entranceway Sign: A permanent structure including but not limited to
      walls, columns and gates, marking entrances to single-family subdivisions or
      multiple housing projects by name, symbol, or otherwise.

25.   Real Estate Sign: A sign advertising that the premises on which it is located is for
      sale, lease, or rent.

26.   Roof: A sign which is erected, constructed and maintained upon or above the
      roof, or parapet wall of a building which is wholly or partially supported by said
      building (see Figure 2-8).

27.   Setback: The minimum linear distance as measured from the road right-of-way
      line to the nearest part of the sign or advertising structure.

28.   Sidewalk Sign: A temporary sign placed on the sidewalk or private property
      adjacent to the commercial activity it advertises, that is of either an A-frame or T
      design and may be no larger than 10 square feet in display area. [amended 12/07]

29.   Window: A sign that is applied or attached to the exterior or interior of a window
      or located in such a manner within a building that it can be seen from the exterior
      of the structure through a window (see Figure 2-8).


                                        25
       30.     Wall: A sign fastened to or painted on the wall of a building or structure in such a
               manner that the wall becomes the supporting structure for, or forms the
               background surface of the sign and which does not project more than twelve (12)
               inches from said building or structure (see Figure 2-8).

Sight Distance: The length of an unobstructed view from a particular access point to the farthest
visible point of reference on a street. Used in this ordinance as a reference for unobstructed street
visibility.

Solid Fuel Heating Appliance: Heating appliances that are intended to burn solid fuels, such as
wood, coal, or any other biomass fuel. Solid fuel Heating Appliance does not include sold fuel
fired cooking appliances. [amended 1/06]

Special Land Use: A use of land whose characteristics may create nuisance-like impacts on
adjoining lands unless carefully sited according to standards established in this Ordinance.
Approval for establishing a special land use is indicated by issuance of a Special Use Permit.



Specified Anatomical Areas: For the purposes of this Ordinance shall be defined as follows:

       1.      Less than completely and opaquely covered: (a) human genitals, pubic region,
               (b) buttock, and (c) female breast below a point immediately above the top of the
               areola.

       2.      Human male genitals in a discernibly turgid state, even if completely opaquely
               covered.

Specified Sexual Activities: For the purposes of this Ordinance shall be defined a follows:

       1.      Human genitals in a state of sexual stimulation or arousal.

       2.      Acts of human masturbation, sexual intercourse, or sodomy.

       3.      Fondling or other erotic touching or human genitals, pubic region, buttock, or
               female breast.

Stable: A structure for the housing of domestic animals. For the purpose of determining the
permitted capacity of a stable, one (1) horse shall be considered the equivalent of one (1) self-
propelled vehicle.

Stevedore: One whose work is loading or unloading ships. [amended 4/00]

Site Plan: A plan showing all salient features of a proposed development, so that it may be
evaluated in order to determine whether it meets the provisions of this Ordinance. A plot plan
depicts a subset of the information required by this Ordinance for a site plan.

                                                 26
Solid Waste: Garbage, rubbish, paper, cardboard, metal containers, yard clippings, wood, glass,
bedding, crockery, demolished building materials, ashes, incinerator residue, street cleanings,
municipal and industrial sludges, and solid commercial and solid industrial waste, animal waste,
but does not include human body waste, liquid waste regulated by statute, ferrous or nonferrous
scrap immediately directed to a scrap metal processor or to a reuser of ferrous or nonferrous
products, and slag or slag products immediately directed to a slag processor or to a reuser of slag
or slag products.

Stop Work Order: An administrative order which is either posted on the property or mailed to
the property owner which directs a person not to continue, or not to allow the continuation of an
activity which is in violation of this Ordinance.

Storage Yard: Any exterior area used for the placement of any materials, products or equipment.
Parking areas as regulated by Section 2327 shall not be considered a storage yard.

Story: That part of a building, except a mezzanine as defined herein, included between the
surface of one (1) floor and the surface of the next floor, or if there is no floor above, then the
ceiling next above. A story thus defined shall not be counted as a story when more than fifty (50)
percent, by cubic content, is below the level of the adjoining ground (See Figure 2-1).

Story, Half: An uppermost story lying under a sloping roof having an area of at least two
hundred (200) square feet with a clear height of seven feet six inches (7' 6").

Street: A public dedicated right-of-way, other than an alley, which affords the principal means of
access to abutting property. [amended 11/03]

       Expressway: Those streets designed for high speed, high volume traffic, with full or
       partially controlled access, some grade crossings but no driveway connections (U.S. 31).

       Arterial Street: Those streets of considerable continuity which are used or primarily for
       fast or heavy traffic (Seaway Dr., M-46, Shoreline Dr.).

       Major Street: Those streets in the City that are classified as primary hard-surfaced roads
       (Getty St., Laketon Ave., Henry St. (south of Laketon Ave.), Sherman Blvd.)

       Collector Street: Those streets used to carry traffic from minor streets to arterial streets
       classified by the City (Hackley Ave., Barclay St., Lakeshore Dr. (south of Laketon Ave.),
       Marquette Ave., Wood St.).

       Minor Street: A street, which is intended primarily for access, for abutting properties (All
       streets except those named above).

Structure: Anything constructed or erected, the use of which requires location on the ground or
attachment to something having location on the ground. Satellite dishes over 24 inches in
diameter and antennas shall be considered as structures.

                                                27
Structural Alterations: Any change in the supporting members of a building such as the bearing
walls, columns, beams or girders, or any change in the dimensions or configuration of the roof,
exterior walls or foundation.

Swimming Pool: Means any structure or container located either above or below grade designed
to hold water to a depth of greater than twenty-four (24) inches, intended for swimming or
bathing.

Tents: A portable shelter of canvas, course cloth, or similar material supported by one (1) or
more poles, but not including those used solely for children's recreational purposes or
noncommercial purposes.

Transitional Living Center: A facility that provides temporary housing and services to the
homeless. [amended 9/10]

Travel Trailer: See Recreational Vehicle.

Travel Trailer Park: See Recreational Vehicle Park.

Underground Storage Tank: A tank or combination of tanks, including underground pipes
connected to the tank or tanks or underground ancillary equipment containment systems, if any,
which is, was, or may have been, used to contain an accumulation of regulated substances and
the volume of which, including the volume of the underground pipes connected to the tank or
tanks is 10% or more beneath the surface of the ground.

Trailer (Utility): A vehicle that is not self propelled which is licensed by the State of Michigan
and used for transporting materials in tow with a motor vehicle.

Use: The purpose for which land or a building is arranged, designed or intended, or for which
land or a building is or may be occupied.

Utility Room: A room used primarily for storage, for housing a heating unit, or for laundry
purposes.

Variance, Use: A modification of the literal provisions of the zoning ordinance which is
authorized by the Zoning Board of Appeals when strict enforcement of the ordinance would
cause unnecessary hardship for the property owner due to circumstances unique to the property.
A use variance permits a use of land that is otherwise not allowed in that district. [amended
11/00]

Variance, Nonuse or Dimensional: A modification of the literal provisions of the zoning
ordinance granted when strict enforcement of the zoning ordinance would cause practical
difficulty owing to circumstances unique to the individual property. The crucial points of a
nonuse or dimensional variance are practical difficulty and unique circumstances applying to the


                                               28
property. A nonuse or dimensional variance is not justified unless both elements are present in
the case. [amended 11/00]

Vintage Shop: A retail establishment which sells vintage merchandise.

Vintage Merchandise: Furniture or clothing; esteemed for its collectability, artistry, beauty or
period of origin; meeting the following criteria.

       1.      Clothing must be laundered and in like-new, ready to wear condition.

       2.      Furniture must have been previously restored to like-new condition through the
               process of reupholstering or renovation, prior to being brought on-site.

Walls, Obscuring: An obscuring barrier (not associated with a building) of definite height and
location constructed of wood, masonry, concrete, or similar material, and which provides one
hundred (100) percent opacity.

Wild Animal: Any living member of the animal kingdom, including those born or raised in
captivity, except the following:

       1.      Domestic dogs (excluding hybrids with wolves, coyotes, or jackals)

       2.      Domestic cats (excluding hybrids with ocelots or margays)

       3.      Ferrets

       4.      Rodents

       5.      Caged, nonvenomous snakes

       6.      Captive-bred species of common cage birds.

Wind Turbine: A rotating machine which converts the kinetic energy in wind into mechanical
energy. For the purpose of this ordinance, an anemometer is not classified as a wind turbine.
[amended 10/09]

Wind Turbine Facility: An electric generating facility, whose main purpose is to supply
electricity to sell to the grid, consisting of more than one wind turbine and other accessory
structures and buildings. [amended 10/09]

Wireless Communication Antenna (WCA): Any antenna used for the transmission or reception
of wireless communication signals excluding those used exclusively for dispatch
communications by public emergency agencies, amateur radio antennas, satellite antennas, those
which receive video programming services via multipoint distribution services which are one
meter (39 inches) or less in diameter and those which receive television broadcast signals.
[amended 12/97]

                                                 29
Wireless Communication Equipment Shelter: The structure, shelter, cabinet or vault in which
the electronic receiving and relay equipment necessary for processing wireless
telecommunications is housed together with necessary related equipment such as radios, cable,
conduit, connectors, air conditioning units and emergency generators. [amended 12/97]

Wireless Communication Facilities (WCF): All structures and accessory facilities relating to the
use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals and
may include, but is not limited to radio towers, television towers, telephone devices and
exchanges, micro-wave towers, telephone transmission equipment building and commercial
mobile radio service facilities. Citizen band radio facilities, short wave facilities, amateur radio
facilities, and satellite dishes, and governmental facilities which are subject to state or federal law
or regulations which preempt municipal regulatory authority are not included in this definition.
[amended 12/97]

Wireless Communication Support Facilities (WCSF): A monopole, guyed, or lattice type tower
designed for the attachment of or as support for wireless communication antennas or other
antennas. [amended 12/97]

Yards: The open spaces on the same lot with a main building, unoccupied and unobscured from
the ground upward except as otherwise provided in this Ordinance, and as defined herein.
[amended 10/02]

       Front Yard: An open unoccupied space extending the full width of the lot, the depth of
       which is the horizontal distance between the front lot line and the nearest point of the
       building. In the case of lots abutting lakes, rivers, and canals, the front yard shall be that
       side of the lot or parcel on the street side.

       Rear Yard: A space extending the full width of the lot the depth of which is the
       horizontal distance between the rear lot line and the nearest point of the main building.

       Side Yard: An open space between a main building and the side lot line, extending from
       the front yard to the rear yard, the width of which is the distance from the nearest point of
       the main building.

Zoning Administrator: The person appointed by the City to administer and enforce the
provisions of this Ordinance.




                                                  30
SECTION 201: DIAGRAMS, GRAPHICS AND ILLUSTRATIONS PERTINENT TO THE
DEFINITIONS IN THIS ORDINANCE:


                            FIGURE 2-1




                                31
FIGURE 2-2




    32
FIGURE 2-3




    33
FIGURE 2-4




    34
FIGURE 2-5




    35
FIGURE 2-6




    36
FIGURE 2-7




    37
FIGURE 2-8




    38
                                              FIGURE 2.9


             Corner Lots:


                                                                      fence




                                            Principal Structure
                          No 6-foot fence
Street




                                                   No 6-foot fence


         Triangle
  25’




            Of
          Vision




                    25’                                      Street




                                                     39
                     ARTICLE III - ZONING DISTRICTS AND MAP

SECTION 300: DISTRICTS

For the purposes of this Ordinance, the City of Muskegon is hereby delineated in the following
Districts:

                      R              One Family Residential
                      MHP            Mobile Home Park
                      RT             Two Family Residential
                      RM-1           Low Density Multiple Family Residential
                      RM-2           Medium Density Multiple Family Residential
                      RM-3           High Density Multiple Family Residential
                      MC             Medical Care
                      B-1            Limited Business
                      B-2            Convenience and Comparison Business
                      B-3            Central Business
                      B-4            General Business
                      B-5            Central Governmental Service
                      I-1            Light Industrial
                      I-2            General Industrial
                      WI-PUD         Waterfront Industrial Planned Unit Development
                      OSC            Open Space Conservation
                      OSR            Open Space Recreation
                      LR             Lakefront Recreation
                      WM             Waterfront Marine
                      FBC            Form Based Code

SECTION 301: BOUNDARIES

The boundaries of these Districts are hereby established as shown on the Official Zoning Map
which accompanies this Ordinance, and which map with all notations, references, and other
information shown thereon shall be as much a part of this Ordinance as if fully described herein.

1.     Unless shown otherwise, the boundaries of the Districts are lot lines, section lines, the
       centerlines of streets, alleys, roads, or such lines extended, and the Corporate Limits of
       the City of Muskegon.

2.     Where, due to the scale, lack of detail, or illegibility of the Zoning Map accompanying
       this Ordinance, if there is any uncertainty, contradiction or conflict as to the intended
       location of any District boundaries, shown thereon, interpretation concerning the exact
       location of District boundary lines shall be determined by the Board of Appeals, upon
       written application.




                                               40
SECTION 302: ZONING OF VACATED AREAS:

Whenever any street, alley or other public way within the City of Muskegon shall have been
vacated by official government action, and when the lands within the boundaries thereof attach to
and become a part of the land formerly abutting such vacated street, alley or public way shall
automatically, and without further governmental actions, thenceforth acquire and be subject to
the same zoning regulations as are applicable to the lands to which same shall attach, and the
same shall be used for that same use as is permitted under this Ordinance for such adjoining
lands.

SECTION 303: ZONING OF ANNEXED AREAS:

In every case where property has not been specifically included within a District, the same is
hereby declared to be in the R One Family Residential District. All property annexed to the City
shall likewise be and is hereby declared to be in the R One Family Residential District unless
otherwise classified.

SECTION 304: DISTRICT REQUIREMENTS:

All buildings and uses in any District shall be subject to the provisions of Article XXIII "General
Provisions".




                                                41
              ARTICLE IV – SINGLE-FAMILY RESIDENTIAL DISTRICTS

          R-1, SINGLE FAMILY LOW DENSITY RESIDENTIAL DISTRICTS,
        R-2, SINGLE FAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS,
          R-3, SINGLE FAMILY HIGH DENSITY RESIDENTIAL DISTRICTS

PREAMBLE

These districts are designed to allow for low, medium and high density single-family residential
development in the proper blocks. The regulations are intended to stabilize, protect, and
encourage the residential character of the districts and prohibit activities not compatible with a
residential neighborhood. Development is limited to single family dwellings and such other uses
as schools, parks, churches, and certain public facilities which serve residents of the district. It is
the intent of this Article to recognize that blocks throughout the City of Muskegon have been
platted and developed in different sizes and road frontages and that development standards
should reflect each specific block type. All single family residential districts all allow the same
permitted uses, only the area & bulk requirements differ. All homes in these districts must meet
the residential design criteria established in Section 2319.

SECTION 400: PRINCIPAL USES PERMITTED

In all Single-Family Residential Districts, no building or land shall be used and no building shall
be erected, structurally altered, or occupied except for one or more of the following specified
uses, unless otherwise provided in this Ordinance;

1.     One Family detached dwellings.

2.     Multiple family dwellings under the following conditions:

       a.       The home has already been altered with prior approval to allow for multiple
            dwellings. One family dwellings may not be altered to allow for multiple dwellings,
            nor may new homes be built for multiple dwellings.

       b.      Homes that have already been altered for multiple dwellings may add additional
            dwellings as long they meet the living area standards listed in Section 2319.

3.     Home occupations of a non-industrial nature may be permitted. Permissible home
       occupations include, but are not limited to the following: [amended 11/02]

       a.      Art and craft studios, lessons may be given to one client at a time
       b.      Hair and nail salons, limited to one client at a time
       c.      Dressmaking and tailoring
       d.      Tutoring, limited to one student at a time
       e.      Typing or clerical services
       f.      Teaching of music or dancing or similar instruction, limited to one client at a time


                                                  42
g.   Offices located within the dwelling for a writer, consultant, member of the clergy,
     lawyer, physician, architect, engineer or accountant, limited to one client/family at
     a time.
h.   All home occupations are subject to the following:

     i. The businessperson operating the home occupation shall reside in the
     dwelling and only members of the immediate family residing on the
     premises may be employed.

     ii. The business shall have a local business license and any other appropriate
     licensing or registrations required by local, state or federal law.

     iii. No equipment or process shall be used in home occupations which creates
     noise, vibration, glare, fumes, odor, or electrical interference detectable to the
     normal senses of persons off the lot. In the case of electrical interference, no
     equipment or process shall be used which creates visual or audible interference
     with any radio or television receivers off the premises or causes fluctuations in the
     line voltage off the premises.

     iv. Explosives, flammable liquids or combustible liquids shall only be used in
     compliance with the applicable fire and building codes.

     v. Activities involving kilns or welding equipment shall comply with the
     applicable fire and building codes.

     vi. The outside appearance of the premises shall have no visible evidence of the
     conduct of a home occupation.

     vii. Home occupations may not serve as headquarters or dispatch centers where
     employees come to the site and are dispatched to other locations.

     viii. All activity must be conducted within a preexisting structure. The home
     occupation shall not require internal or external alterations or involve construction
     features not customarily found in dwellings.

     ix. There shall be no exterior display or signage other than that signage allowed
     for home occupations under the sign requirements of this ordinance. [amended
     11/00]

     x. No goods shall be kept, or sold which are made or assembled off-site, except
     as incidental to services rendered.

     xi. The primary function of the premises shall be that of the residence of the
     family, and the occupation shall not exceed twenty-five (25) percent of the
     principal building.


                                      43
            xii. There shall be no outside storage or processing.

            xiii. The home occupation shall not involve the routine use of commercial
            vehicles for delivery of materials to and from the premises. There shall be no
            commercial vehicles associated with the home occupation, nor parking of more
            than one (1) business car, pickup truck or small van on the premises.

            xiv. Activities specifically prohibited (but not limited to) include:

                   (1) A service or repair of motor vehicles, appliances and other large
                   equipment

                   (2) A service or manufacturing process which would normally require
                   industrial zoning

                   (3) A commercial food service requiring a license

                   (4) A limousine service

                   (5) A lodging service including but not limited to, a tourist home, motel
                   or hotel

                   (6) A tattoo parlor

                   (7) An animal hospital or kennel

                   (8) A lawn service

            xv. No activity legally excluded by any deed restriction or other tenant or owner
            restrictions shall be permitted.

4.   Adult Foster Care Family Homes, provided that such facilities shall be at least one
     thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]

5.   Accessory buildings and accessory uses customarily incidental to any of the above
     Principal Uses Permitted.

6.   Uses similar to the above Principal Uses Permitted.




                                              44
SECTION 401: SPECIAL LAND USES PERMITTED [amended 2/02]

The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission:

1.     Private recreational areas, and institutional recreational centers when not operated for
       profit, and nonprofit swimming pool clubs, all subject to the following conditions:
       [amended 2/02]

       a.              In those instances where the proposed site is not to be situated on a lot or
               lots of record, the proposed site shall have one property line abutting a major
               thoroughfare and the site shall be so planned as to provide ingress and egress
               directly onto said major thoroughfare.

       b.              Front, side, and, rear yards shall be at least fifty (50) feet wide, except on
               those sides adjacent to nonresidential districts, and shall be landscaped in trees,
               shrubs, grass, and terrace areas. All such landscaping shall be maintained in a
               healthy condition. There shall be no parking or structures permitted in these
               yards, except for required entrance drives and those walls and/or fences used to
               obscure the use from abutting residential districts.

       c.             Buildings erected on the premises shall not exceed one (1) story or
               fourteen (14) feet in height.

       d.             Whenever a swimming pool is constructed under this Ordinance, said pool
               area shall be provided with a protective fence six (6) feet in height, and entry shall
               be protected by means of a controlled gate or turnstile.

       e.             The off-street parking and general site layout and its relationship to all
               adjacent lot lines shall be reviewed by the Planning Commission who may impose
               reasonable restrictions or requirements so as to insure that contiguous residential
               areas will be adequately protected.

2.     Colleges, universities, and other such institutions of higher learning, public and private,
       offering courses in general, technical, or religious education not operated for profit, all
       subject to the following conditions:

       a.              Any use permitted herein shall be developed only on sites of at least five
               (5) acres in area.

       b.             All ingress to and egress from said site shall be directly onto a major
               thoroughfare.


                                                 45
     c.            No building other than a structure for residential purposes shall be closer
            than seventy-five (75) feet to any property line.

3.   Churches and other facilities normally incidental thereto subject to the following
     conditions:

     a.              The site shall be so located as to provide for ingress and egress from said
            site directly onto a major or secondary thoroughfare.

     b.            The principal buildings on the site shall be set back from abutting
            properties zoned for residential use not less than thirty (30) feet.

     c.           Buildings of greater than the maximum height allowed in Section 2100,
            may be allowed provided front, side, and rear yards are increased above the
            minimum requirements by one (1) foot for each foot of building that exceeds the
            maximum height allowed.

4.   Elementary, intermediate, and/or secondary schools offering courses in general education,
     provided such uses are set back thirty (30) feet from any lot in a residential zone.

5.   Cemeteries.

6.   Previously existing or established commercial uses not already converted to a residential
     use may be authorized under Special Use Permit for the following [amended 12/99]:

     a. Retail and/or service establishments meeting the intent of the neighborhood Limited
           Business Zone (B-1) dealing directly with consumers including:
                1) Any generally recognized retail business which supplies new commodities
                   on the premises for persons residing in adjacent residential areas such as:
                   groceries, meats, dairy products, baked goods or other foods, drugs, dry
                   goods, and notions or hardware.

                2) Any personal service establishment which performs services on the
                   premises for persons residing in adjacent residential areas, such as: shoe
                   repair, drop-off dry cleaning shops, tailor shops, beauty parlors, barber
                   shops, dressmaker, tailor, pharmacist, or an establishment doing radio,
                   television, or home appliance repair, and similar establishments that
                   require a retail character no more objectionable than the aforementioned,
                   subject to the provision that no more than five (5) persons shall be
                   employed at any time in the sale, repair, or other processing of goods.

                3) Professional offices of doctors, lawyers, dentists, chiropractors,
                   osteopaths, architects, engineers, accountants, and similar or allied
                   professions.


                                             46
                4) Restaurants, or other places serving food, except drive-in or drive-through
                   restaurants.

     b.     Prohibited uses: Activities specifically prohibited include repair or service of
            motor vehicles and other large equipment; manufacturing processes which would
            normally require industrial zoning; any activity which may become a nuisance due
            to noise, unsightliness or odor; and any activity which may adversely affect
            surrounding property.

     c. Conditions: [amended 8/04]

                1) Outdoor storage is prohibited.

                2) The area devoted to approved uses shall not exceed 2,500 square feet.

                3) All goods produced on the premises shall be sold at retail on the premises
                   where produced.

                4) All business, servicing, or processing shall be conducted within a
                   completely enclosed building, or in an area specifically approved by the
                   Planning Commission.

                5) Parking shall be accommodated on site or with limited street parking.

                6) Hours of operation may be limited by the Planning Commission.

                7) Signs must comply with those set forth for the residential zoning district.

                8) The Planning Commission may allow a use to sell alcohol, however the
                   Commission may limit the type of license applied for or obtained for the
                   sale of alcohol to an SDM, hours of operation, and any other restrictions
                   intended to stabilize, protect, and encourage the residential character of the
                   area. The use must gain approval from the Michigan Liquor Control
                   Commission before alcohol can be or sold.

7.   Bed & Breakfast facilities, under the following conditions:

     a.     The home must be located in the Clay-Western or National Register Historic
            District, as identified by the City of Muskegon Historic District Commission map.

     b.     The owner or operator of the tourist home shall live full-time on the premises.

     c.     No structural additions or enlargements shall be made to accommodate the tourist
            home use and no exterior alterations to the structure shall be made which will
            change the residential appearance of the structure.


                                             47
       d.     Breakfast may be served on the premises, only for guests of the facility, and no
              other meals shall be provided to guests.

       e.     No long-term rental of rooms for more than fourteen (14) consecutive days shall
              be permitted. No guest may stay for more than twenty-eight (28) nights in any
              given year.

       f.     There shall be a maximum of five (5) guestrooms. No more than two (2) adults
              are permitted to stay in any guestroom.

       g.     Signage shall conform to that which is permitted for home occupation businesses
              only.

       h.     Rental of the tourist home for special gatherings such as wedding receptions and
              parties shall be prohibited.

       i.     The property shall meet all local and state code requirements regarding bed and
              breakfast facilities.

8.     Accessory buildings and accessory uses customarily incidental to any of the above
       Special Land Uses Permitted.

9.     Uses similar to the above Special Land Uses Permitted.

SECTION 402: [RESERVED] [amended 8/01]

SECTION 403: PLANNED UNIT DEVELOPMENT OPTION [amended 12/97]

Planned unit developments (PUDs) may be allowed by the Planning Commission under the
procedural guidelines of Section 2101. The intent of Planned Unit Developments in the single
family residential district is to allow for flexibility in the design of housing developments,
including but not limited to condominium developments and cluster subdivisions, to allow for
the preservation of open space; allow for economies in the provision of utilities and public
services; provide recreational opportunities; and protect important natural features from the
adverse impacts of development.

1.     Determination: The Planning Commission, in reviewing and approving a proposed PUD
       may allow lots within the PUD to be reduced in area and width and setbacks below the
       minimum normally required by this ordinance in return for common open space where it
       is determined that the benefits of the cluster approach will decrease development costs,
       increase recreational opportunities, or prevent the loss of natural features. The Planning
       Commission, in its determination, shall consider the densities permitted in the Zoning
       Ordinance and, if applicable, the land’s capability to bear the higher density.

2.     Basic Requirements:


                                               48
       a.     The net residential acreage including improvements and occupied land shall be
              calculated by taking the total area of the tract and subtracting, in order, the
              following:

                  1) Portions of the parcel(s) shown to be in a floodplain.

                  2) Portions of the parcel(s) which are unsuitable for development in their
                     natural state due to topographical, drainage or subsoil conditions such as,
                     but not limited to; slopes greater than 15%; organic, poorly drained soils,
                     and wetlands.

                  3) Portions of the parcel(s) covered by surface waters.

                  4) Portions of the tract utilized for storm water management facilities.

       b.     Undevelopable areas may be used for common open and recreational areas.

       c.     No building shall be sited on slopes steeper than 15%, within 100 feet of any
              ordinary high water mark, wetland, or on soil classified as being very poorly
              drained.

3. Density determination: To determine the maximum number of dwelling units permitted on
   the parcel(s) of land, the net residential acreage shall be divided by the minimum lot size
   required by the zoning ordinance.

4. Open space requirement: At least 15% of the site shall be set aside as dedicated common
   open space. At least one third (1/3) of the common open space shall be usable open space.
   The open space and access to it shall be permanently marked and designed so individuals in
   the development are not forced to trespass to reach such recreational or common open spaces.

5. Spacing: The distance between buildings shall not be less than 10 feet and front setbacks
   shall not be less than 10 feet.

6. Waterfront: Where a cluster development abuts a body of water, at least 50% of the
   shoreline, as well as reasonable access to it, shall be a part of the common open space land.

7. Utility of common open space: Common open space in any one residential cluster shall be
   laid out, to the maximum extent feasible, to connect with other open space existing or
   proposed.

8. Size: Minimum parent parcel size is 21,780 square feet (one-half acre).

9. Bonus units: Where the developer provides additional open space or amenities within the
   development, additional density may be granted. A maximum of a 10% unit bonus may be
   granted to the development for additional amenities such as: public trail easements,
   additional open space, additional common waterfront area, and additional landscaping.

                                               49
SECTION 404: AREA AND BULK REQUIREMENTS [amended 4/00]

                    R-1                          R-2                           R-3
Minimum Lot         6,000 sf                     4,000 sf                      3,000 sf
Size
Minimum Lot         50 ft                        40 ft                         30 ft
Width
Maximum Lot         Buildings: 50%               Buildings: 60%                Buildings: 70%
Coverage            Pavement: 10%                Pavement: 15%                 Pavement: 20%
Height Limit*       2 stories or 35 feet**       2 stories or 35 feet**        2 stories or 35 feet**
Front               Expressway/Arterial          Expressway/Arterial           Expressway/Arterial
Setbacks***         Street: 30 ft                Street: 30 ft                 Street: 30 ft
                    Collector/Major Street:      Collector/Major Street:       Collector/Major
                    25 ft                        25 ft                         Street: 25 ft
                    Minor Street: 15 feet        Minor Street: 10 feet         Minor Street: 10 feet
Rear Setback        30 ft                        20 ft ^                       15 ft^
Side Setbacks#:     1 story: 6                   1 story: 6                    1 story: 5
                    2 story: 8                   2 story: 7                    2 story: 5

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

** Homes located in an established Historic District may be up to 3 stories or 45 feet, if found to
be compatible with other homes within 600 feet.

*** For minimum front setbacks, new principal structures on minor streets may align with
existing principal structures in the immediate area even if the front setback is below the
minimum required.

^Parcels with at least 100 ft in length must have at least a 30 ft rear setback.

#All required setbacks shall be measured from the property line to the nearest point of the
determined drip line of buildings.




                                                  50
                 ARTICLE V - MHP MOBILE HOME PARK DISTRICTS

PREAMBLE

The MHP Mobile Home Park Districts are established primarily to provide for higher density
single family detached, residential dwelling units, and assist in meeting adopted Master Land Use
Plan Residential Goals and Objectives of providing diversified housing types in the City of
Muskegon. Also, because mobile home parks are much higher in density than an otherwise
typical single family subdivision, and because they are developed with private street systems,
thereby creating an interruption in the continuity of the local public street system, they are
otherwise not totally compatible with lower density single family subdivision. In this Ordinance,
mobile homes are intended to serve as an alternative housing type to other forms of residential
development.

SECTION 500: HEIGHT REGULATIONS

In the Mobile Home Park District, no structure shall exceed a height of twenty-five (25) feet or
two (2) stories.

SECTION 501: AREA REGULATIONS

The mobile home park shall be developed with sites averaging 5,500 square feet per mobile
home unit. This 5,500 square feet for any one site may be reduced by 20 percent provided that
the individual site shall be equal to at least 4,400 square feet. For each square foot of land gained
through the reduction of a site below 5,500 square feet, at least an equal amount of land shall be
dedicated as open space, but in no case shall the open space and distance requirements be less
than that required under R 125.1946, Rule 946 and R 125.1941 and R 125.1944, Rules 941 and
944 of the Michigan Administrative Code.

SECTION 502: SETBACK

All setback requirements of public Act No. 419 of the Public Acts of 1976, as amended shall be
adhered to. No building or mobile home shall be located closer than twenty-five (25) feet from
any existing or proposed local street right-of-way, nor less than thirty-five (35) feet from any
existing or proposed collector street right-of-way.

SECTION 503: LANDSCAPING

The mobile home park site shall, within the mobile home park, provide a masonry wall four feet
six inches (4' 6") in height abutting single family residential properties and public rights-of-way
or a greenbelt in compliance with the following.




                                                 51
1.   Quality: Plant and grass materials shall be of acceptable varieties and species, free of
     pests and diseases, hardy in Muskegon County, and shall conform to standards of the
     American Association of Nurserymen and inspections required under State Regulations.
     No plant materials used to satisfy some or all planting requirements of the Ordinance
     shall be comprised of nonliving materials, such as petrochemical plants. No polyethylene
     film shall be used under nonliving, decorative landscape materials such as stone, wood
     chips, and gravel in a manner which will cause erosion of the decorative materials.

2.   Deciduous trees shall be species having an average mature crown spread of greater than
     fifteen (15) feet in Muskegon County, and having trunk(s) which can be maintained with
     over five (5) feet of clear stem, if conditions of visibility require, except, however, at
     intersections where the requirement of eight (8) feet of clear stem shall be followed.
     Trees having an average mature crown spread of less than fifteen (15) feet may be
     substituted by grouping the same so as to create the equivalent of a fifteen (15) foot down
     spread. Deciduous tree species shall be a minimum of ten (10) feet overall height, and a
     minimum caliper of two (2) inches, and a burlapped ball size of at least ten (10) times the
     caliper size, immediately after planting.

3.   Evergreen trees shall be a minimum of five (5) feet in height, with a minimum spread of
     three (3) feet and burlapped ball size of at least ten (10) times the caliper immediately
     after planting.

4.   Shrubs and Hedges. Shrubs shall be a minimum of two (2) feet in height when measured
     immediately after planting, or two (2) feet in spread if plants are low growing evergreens.
      Hedges, where provided, shall be planted and maintained so as to form a continuous,
     unbroken visual screen within a maximum of two (2) years after time of planting.

5.   Vines shall be a minimum of thirty (30) inches in length after one (1) growing season,
     and may be used in conjunction with fences, screens, or walls to meet physical buffer
     requirements so specified.

6.   Ground covers used in lieu of grass in whole or in part shall be planted in such a manner
     as to present a finished appearance and reasonably complete coverage after one (1)
     complete growing season with at least three (3) plants per square foot.

7.   Lawn Grass: Grass areas shall be planted in species normally grown as permanent lawns
     in Muskegon County. Grass may be plugged, sprigged, seeded or sodded except that
     rolled sod, erosion reducing net or suitable mulch, shall be used in swales or other areas
     subject to erosion. Grass, sod, and seed shall be clean and free of weed and noxious pests
     or diseases. Establishment of a reasonably dense weed-free turf and complete ground
     coverage, actively growing shall be provided.

8.   Landscape Elements shall be as follows:




                                             52
       a.      Earth Mounds and Berms. Berms and mounds shall be constructed with slopes
               no greater than one (1) foot vertical for each three (3) feet horizontal with at least
               two (2) foot flat on the top, and with adequate protection.

       b.      Mulches. Mulching material for planted trees, shrubs, and vines shall be a
               minimum of three (3) inch deep wood chip mulch. Straw or other mulch shall be
               used to protect seeded areas.

SECTION 504: YARDS

Yard Requirements of Public Act 419 of the Public Acts of 1976, as amended, shall be adhered
to.

SECTION 505: SERVICE DRIVES AND SIDEWALKS

Service drives and walkways shall meet the following minimum requirements:

1.     The mobile home park shall have access to a public thoroughfare.

2.     Parking spaces on service drives shall be clearly marked.

3.     All other requirements of Public Act 419 of the Public Acts of 1976, amended, shall be
       adhered to.

SECTION 506: WATER AND SANITARY SEWER

All mobile home parks shall meet the water and sanitary sewer requirements of Public Act 419 of
the Public Acts of 1976, as amended.

SECTION 507: STORM WATER

Storm drainage facilities shall meet the requirements of Public Act 419 of the Public Acts of
1976, as amended.

SECTION 508: FUEL OIL AND GAS STORAGE

Any fuel oil and/or gas storage shall meet the requirements of Public Act 419 of the Public Acts
of 1976, as amended.

SECTION 509: DISPOSAL OF GARBAGE AND TRASH

All garbage and trash removal shall meet the requirements of Public Act 419 of the Public Act of
1976, as amended.

SECTION 510: UNDERGROUND WIRING


                                                 53
1.     All local distribution lines for telephone or electric services, exclusive of main supply and
       perimeter feed lines when located on section or quarter section lines shall be places
       entirely underground throughout the mobile home park area, provided, however, that
       when a mobile home park overlaps a section or quarter section line, main supply and
       perimeter feed lines located on such section or quarter section lines shall be places
       underground.

       The Board of Appeals may waive or modify this requirement where, in its judgment,
       circumstances exist which render compliance impractical

2.     Conduits or cables shall be placed within private easements granted to the service
       companies by the proprietor and/or developer or within public ways. These telephone
       and electrical facilities placed in dedicated public ways shall be planned so as not to
       conflict with other underground utilities. All telephone and electrical facilities shall be
       constructed in accordance with standards of construction approved by the Michigan
       Public Service Commission.

SECTION 511: [RESERVED] [amended 2/02]

SECTION 512: FIRE PROTECTION

Every mobile home park shall be equipped at all times with fire extinguishing equipment in good
working order of such type, size, and number, and so located within the park to satisfy
regulations of Public Act 419 of the Public Acts of 1976, as amended. No open fires shall be left
unattended at any time. A central water system and fire hydrants must be on the park site. All
streets shall be designated as fire lanes.

SECTION 513: OTHER REQUIREMENTS

1.     There shall be not less than five hundred (500) square feet of floor space within each
       mobile home.

2.     The front yard, and any side yard adjacent to a street shall be landscaped within one (1)
       year of occupancy, and the entire mobile home park shall be maintained in a good, clean
       presentable condition at all times.

3.     No business of any kind shall be conducted in any mobile home park except for separate,
       permanent structures that contain facilities such as the Management's Office, laundry and
       dry cleaning facilities or similar uses that are designated to serve only the residents of the
       park, except for business allowed under the home occupation Section 400.

4.     All mobile homes shall be skirted.

5.     All fences, other than the greenbelt surrounding the mobile home park, shall be uniform
       in height, and shall not exceed thirty-six (36) inches in height, and shall be constructed in
       such a manner as to provide fire fighters access to all sides of each mobile home.

                                                54
6.    Mobile home foundations shall meet the requirements of Act 419 of the Public Acts of
      1976, as amended.

7.    The business of selling new and/or used mobile homes as a commercial operation in
      connection with the operation of a mobile home development is prohibited. New or used
      mobile homes located on lots within the mobile home development to be used and
      occupied on that site may be sold by a licensed dealer and/or broker. This section shall
      not prohibit the sale of a used mobile home by residents of the mobile home development
      provided the development permits the sale.

8.    All mobile homes shall be anchored with an approved anchoring system in compliance
      with Public Act 419 of the Public Acts of 1976, as amended.

9.    No personal property shall be stored under any mobile home. Storage sheds may be
      utilized for any such storage, but need not be supplied by the owner of the mobile home
      development.

SECTION 514: SITE PLAN REVIEW

A site plan shall be submitted to the Planning Commission for recommendation to the City
Commission and in accordance with the following:

1.    Every site plan submitted to the Planning Commission shall be in accordance with the
      requirements of this Ordinance. No site plan shall be approved until same has been
      reviewed by the Building Official, Zoning Administrator, Fire Department, Police
      Department, Sewer and Water Department, and where necessary, the Muskegon County
      Health Department for compliance with the standards of their respective departments.

2.    The following information shall be included on the site plan:

      a.     A scale of not less than one (1) inch equals one hundred (100) feet.

      b.     The area of the site in acres.

      c.     Date and north point.

      d.     The dimension of all property lines, showing the relationship of the subject
             property to abutting properties.

      e.     The location of all existing and proposed structures on the subject property and all
             existing structures within fifty (50) feet of the subject property.

      f.     The location of all existing and proposed service drives, sidewalks, parking areas,
             greenbelts, (specify type of planting), and individual mobile home sites.


                                              55
       g.     The locations and existing and proposed right-of-way widths of all abutting streets
              and alleys.

       h.     Topography at no greater than two (2) foot contour intervals.

       i.     A vicinity sketch at a scale of at least one inch equals two thousand feet (1" =
              2,000').

       j.     The names and addresses of the architect, planner, designer, or person responsible
              for the preparation of the site plan.

       k.     Trash receptacle locations, and method of screening.

       l.     A landscape plan must be submitted.

3.     In the process of reviewing the site plan, the Planning Commission shall consider:

       a.     The location and design of driveways providing vehicular ingress to and egress
              from the site in relation to streets giving access to the site, and in relation to
              pedestrian traffic.

       b.     The traffic circulation features within the site and the location of automobile
              parking areas. The Planning Commission may recommend such requirements
              with respect to any matter as will assure:

              1)      Safety and convenience of both vehicular and pedestrian traffic within the
                      site and in relation to access streets.

              2)      Satisfactory and harmonious relationship between development on the site
                      and existing and prospective development of contiguous land and adjacent
                      neighborhoods.

4.     Actual construction of the mobile home park shall be in accordance with Section II of
       Public Act 419 of Public Acts 1976, as amended, and with the approved site plan.

SECTION 515: SPECIAL LAND USES PERMITTED

The following uses, and their accessory buildings and accessory uses, may be permitted under the
purview of Section 2332 upon the review and approval of the special land use or activity by the
Planning Commission (after site plan review if required) and subject further to such other
reasonable conditions which, in the opinion of the Planning Commission, are necessary to
provide adequate protection to the neighborhood and to abutting properties:

1.     Utility and public service substations.




                                                 56
              ARTICLE VI - RT TWO FAMILY RESIDENTIAL DISTRICTS

PREAMBLE

The RT Two Family Residential Districts are designed to be compatible with one (1) family
residential densities, and to be located along major thoroughfares so as to provide transition
between the thoroughfare and one (1) family district. The RT zones of transition between higher
density RM and MHP Districts, or nonresidential districts, and low density one (1) family
residential districts.

SECTION 600: PRINCIPAL USES PERMITTED

In an RT Two Family Residential District no building or land shall be used and no building shall
be erected, structurally altered, or occupied except for one (1) or more of the following specified
uses, unless otherwise provided in this Ordinance:

1.     One and two family detached dwellings.

2.     Municipal, county, state, or federal buildings or properties of public service types, not
       including storage yards, warehouses, or garages, provided that no such building shall be
       located less than thirty (30) feet from any other lot in a residential district.

3.     Cemeteries adjacent to, or an extension of, existing cemeteries.

4.     Home occupations of a non-industrial nature may be permitted. Permissible home
       occupations include, but are not limited to the following: [amended 11/02]

       a.      Art and craft studios, lessons may be given to one client at a time

       b.      Hair and nail salons, limited to one client at a time

       c.      Dressmaking and tailoring

       d.      Tutoring, limited to one student at a time

       e.      Typing or clerical services

       f.      Teaching of music or dancing or similar instruction, limited to one client at a time

       g.      Offices located within the dwelling for a writer, consultant, member of the clergy,
               lawyer, physician, architect, engineer or accountant, limited to one client/family at
               a time.

       h.      All home occupations are subject to the following:



                                                 57
i)      The businessperson operating the home occupation shall reside in the
        dwelling and only members of the immediate family residing on the
        premises may be employed.
ii)     The business shall have a local business license and any other appropriate
        licensing or registrations required by local, state or federal law.

iii)    No equipment or process shall be used in home occupations which creates
        noise, vibration, glare, fumes, odor, or electrical interference detectable to
        the normal senses of persons off the lot. In the case of electrical
        interference, no equipment or process shall be used which creates visual or
        audible interference with any radio or television receivers off the premises
        or causes fluctuations in the line voltage off the premises.

iv)     Explosives, flammable liquids or combustible liquids shall only be used in
        compliance with the applicable fire and building codes.

v)      Activities involving kilns or welding equipment shall comply with the
        applicable fire and building codes.

vi)     The outside appearance of the premises shall have no visible evidence of
        the conduct of a home occupation.

vii)    Home occupations may not serve as headquarters or dispatch centers
        where employees come to the site and are dispatched to other locations.

viii)   All activity must be conducted within a preexisting structure. The home
        occupation shall not require internal or external alterations or involve
        construction features not customarily found in dwellings.

ix)     There shall be no exterior display or signage other than that signage
        allowed for home occupations under the sign requirements of this
        ordinance. [amended 11/00]

x)      No goods shall be kept, or sold which are made or assembled off-site,
        except as incidental to services rendered.

xi)     The primary function of the premises shall be that of the residence of the
        family, and the occupation shall not exceed twenty-five (25) percent of the
        principal building.

xii)    There shall be no outside storage or processing.

xiii)   The home occupation shall not involve the routine use of commercial
        vehicles for delivery of materials to and from the premises. There shall be
        no commercial vehicles associated with the home occupation, nor parking


                                  58
                      of more than one (1) business car, pickup truck or small van on the
                      premises.

               xiv)   Activities specifically prohibited (but not limited to) include:

                      (1)     A service or repair of motor vehicles, appliances and other large
                              equipment

                      (2)     A service or manufacturing process which would normally require
                              industrial zoning

                      (3)     A commercial food service requiring a license

                      (4)     A limousine service

                      (5)     A lodging service including but not limited to, a tourist home,
                              motel or hotel

                      (6)     A tattoo parlor

                      (7)     An animal hospital or kennel

                      (8)     A lawn service

               xv)    No activity legally excluded by any deed restriction or other tenant or
                      owner restrictions shall be permitted.

5.     Adult Foster Care Family Homes, provided that such facility shall be at least one
       thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]

6.     Accessory buildings and accessory uses customarily incidental to the above Principal
       Uses Permitted.

7.     Uses similar to the above Principal Uses Permitted.

SECTION 601: SPECIAL LAND USES PERMITTED [amended 2/02] [amended 2/03]

The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions and any
other reasonable conditions imposed by the Planning Commission.

1.     Accredited fraternity or sorority houses, when located not less than twenty (20) feet from
       any other lot in any R District.




                                                59
2.   Access driveway or walk connecting premises in a B or I District with one or more public
     streets provided no part of such driveway shall be located at a distance greater than thirty
     (30) feet from any boundary line of any said districts nor at a distance less than ten (10)
     feet of the side lot line of an adjoining lot, which lot is in any residential district, and
     provided that between such driveway and any such side lot line, but not within ten (10)
     feet of the front lot line, there shall be maintained a solid wall or front fence, or a
     compact evergreen hedge not less than five (5) feet high.

3.   Tourist homes having not more than two (2) guest rooms, provided the premises front on
     a street which is officially designated as a major thoroughfare or collector thoroughfare.

4.   Schools and colleges for academic instruction, provided that no principal building shall
     be located less than thirty (30) feet from any other lot in an R District.

5.   Private noncommercial recreation areas, institutional or community recreation centers
     provided that any principal building used therefor shall be located not less than thirty (30)
     feet from any other lot in any R District, subject to provisions of Section 401 - 1 (a
     through f).

6.   Churches and other facilities normally incidental thereto subject to the following
     conditions:

     a.     The site shall be so located as to provide for ingress and egress from said site
            directly onto a major or secondary thoroughfare.

     b.     The principal buildings on the site shall be set back from abutting properties
            zoned for residential use not less than thirty (30) feet.

     c.     Buildings of greater than the maximum height allowed in Section 2100 may be
            allowed provided front, side, and rear yards are increased above the minimum
            requirements by one (1) foot for each foot of building that exceeds the maximum
            height allowed.

8.   Adult Foster Care Small Group Homes, provided that such facility shall be at least one
     thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]

9.   Previously existing or established commercial uses not already converted to a residential
     use may be authorized under Special Use Permit for the following [amended 12/99]:

     a.     Retail and/or service establishments meeting the intent of the neighborhood
            Limited Business Zone (B-1) dealing directly with consumers including:

            1)      Any generally recognized retail business which supplies new commodities
                    on the premises for persons residing in adjacent residential areas such as:
                    groceries, meats, dairy products, baked goods or other foods, drugs,
                    drygoods, and notions or hardware.

                                              60
     2)     Any personal service establishment which performs services on the
            premises for persons residing in adjacent residential areas, such as: shoe
            repair, drop-off dry cleaning shops, tailor shops, beauty parlors, barber
            shops, dressmaker, tailor, pharmacist, or an establishment doing radio,
            television, or home appliance repair, and similar establishments that
            require a retail character no more objectionable than the aforementioned,
            subject to the provision that no more than five (5) persons shall be
            employed at any time in the sale, repair, or other processing of goods.

     3)     Professional offices of doctors, lawyers, dentists, chiropractors,
            osteopaths, architects, engineers, accountants, and similar or allied
            professions.

     4)     Restaurants, or other places serving food, except drive-in or drive-through
            restaurants.

b.   Prohibited uses: Activities specifically prohibited include repair or service of
     motor vehicles and other large equipment; manufacturing processes which would
     normally require industrial zoning; any activity which may become a nuisance due
     to noise, unsightliness or odor; and any activity which may adversely affect
     surrounding property.

c.   Conditions:

     1)     Outdoor storage is prohibited.

     2)     The area devoted to approved uses shall not exceed 2,500 square feet.

     3)     All goods produced on the premises shall be sold at retail on the premises
            where produced.

     4)     All business, servicing, or processing shall be conducted within a
            completely enclosed building, or in an area specifically approved by the
            Planning Commission.

     5)     Parking shall be accommodated on site or with limited street parking.

     6)     Hours of operation may be limited by the Planning Commission.

     7)     Signs must comply with those set forth for the residential zoning district.

     8)     The Planning Commission may allow a use to sell alcohol, however the
            Commission may limit the type of license applied for or obtained for the
            sale of alcohol to an SDM, hours of operation, and any other restrictions
            intended to stabilize, protect, and encourage the residential character of the

                                      61
                      area. The use must gain approval from the Michigan Liquor Control
                      Commission before alcohol can be or sold.

10.    Accessory buildings and accessory uses customarily incidental to the above Special Land
       Use Permitted.

11.    Uses similar to the above Special Land Uses Permitted.

SECTION 602: PLANNED UNIT DEVELOPMENTS [amended 10/98]

Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the Two Family
Residential districts is to allow mixed land uses which are compatible to each other, while
prohibiting nonresidential uses which would not be compatible or harmonious with residential
dwellings.

SECTION 603: AREA AND BULK REQUIREMENTS [amended 4/00]

1.     Minimum lot size: 8,712 sq. feet.
2.     Density (see definition in Article II): 10 dwelling units per buildable acre.

3.     Maximum lot coverage:
            Buildings: 50 %
            Pavement: 10 %

4.     Lot width: 75 feet (shall be measured at road frontage unless a cul-de-sac, then measured
       from setback).

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

6.     Height limit: 2 stories or 35 feet.

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

7.     Front Setbacks: [amended 1/05]
              Minimum:
                     Expressway or Arterial Street: 30 feet
                     Collector or Major Street: 25 feet
                     Minor Street: 15 feet


                                                62
      Note: For minimum front setbacks new principal structures on minor streets may align
      with existing principal structures in the immediate area even if the setback is below the
      minimum required.

8.    Rear setback: 30 feet

9.    Setback from the ordinary high water mark or wetland: 40 feet (principal structures
      only).

10.   Side setbacks:
             1-story: 8 feet and 12 feet
             2-story: 10 feet and 14 feet

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

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

      a.     The building has an approved fire rating for zero-lot line development under the
             building code.
      b.     The building has adequate fire access preserved pursuant to fire code
             requirements.

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

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

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

12.   The dwelling shall have a storage area in a basement located under the dwelling, in an
      attic area, in closet areas, or in a separate structure of standard construction similar to or
      of better quality than the principal dwelling, which storage area shall be equal to at least
      ten percent (10%) of the square footage of the dwelling or one hundred (100) square feet,
      whichever shall be more, exclusive of storage space for automobiles.




                                                63
      ARTICLE VII - RM-1 LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL
                                DISTRICTS

PREAMBLE

The RM-1 Low Density Multiple Family Residential Districts are designed to provide sites for
multiple family dwelling structures, and related uses, which will generally serve as zones of
transition between the nonresidential districts and the lower density One Family and Two Family
Residential Districts, and MHP Mobile Home Park Districts.

SECTION 700: PRINCIPAL USES PERMITTED

In an RM-1 Low Density Multiple Family Residential District no building or land shall be used
and no building shall be erected, structurally altered, or occupied except for one (1) or more of
the following specified uses, unless otherwise provided for in this Ordinance:

1.     All Principal Uses Permitted in the R One Family and RT Two Family Residential
       Districts with the lot area, yard, and floor area requirements for one (1) and two (2)
       family dwellings equal to at least the requirements of the immediately abutting residential
       district.

2.     Multiple dwellings and row houses for any number of families.

3.     Accredited fraternity and sorority houses when located not less than twenty (20) feet from
       any other lot in any residential district.

4.     Bed & Breakfast facilities, under the following conditions: [amended 7/03]

       a.      The owner or operator of the tourist home shall live full-time on the premises.

       b.      No structural additions or enlargements shall be made to accommodate the tourist
               home use and no exterior alterations to the structure shall be made which will
               change the residential appearance of the structure.

       c.      Breakfast may be served on the premises, only for guests of the facility, and no
               other meals shall be provided to guests.

       d.      No long-term rental of rooms for more than fourteen (14) consecutive days shall
               be permitted. No guest may stay for more than twenty-eight (28) nights in any
               given year.

       e.      There shall be a maximum of five (5) guestrooms. No more than two (2) adults
               are permitted to stay in any guestroom.

       f.      Signage shall conform to that which is permitted for home occupation businesses
               only.

                                               64
     g.      Rental of the tourist home for special gatherings such as wedding receptions and
             parties shall be prohibited.

     h.      The property shall meet all local and state code requirements regarding bed and
             breakfast facilities.

5.   Rooming houses with a capacity of not more than three (3) roomers.

6.   Churches and other facilities normally incidental hereto subject to the following
     conditions:

     a.     The site shall be so located as to provide for ingress and egress from said site
            directly onto a major or secondary thoroughfare.

     b.     The principal buildings on the site shall be set back from abutting properties
            zoned for residential use not less than thirty (30) feet.

     c.     Buildings of greater than the maximum height allowed in Section 2100 may be
            allowed provided front, side, and rear yards are increased above the minimum
            requirements by one (1) foot for each foot of building that exceeds the maximum
            height allowed.

7.   Home occupations of a non-industrial nature may be permitted. Permissible home
     occupations include, but are not limited to the following: [amended 11/02]

     a.     Art and craft studios, lessons may be given to one client at a time

     b.     Hair and nail salons, limited to one client at a time

     c.     Dressmaking and tailoring

     d.     Tutoring, limited to one student at a time

     e.     Typing or clerical services

     f.     Teaching of music or dancing or similar instruction, limited to one client at a time

     g.     Offices located within the dwelling for a writer, consultant, member of the clergy,
            lawyer, physician, architect, engineer or accountant, limited to one client/family at
            a time.

     h.     All home occupations are subject to the following:

            i)     The businessperson operating the home occupation shall reside in the
                   dwelling and only members of the immediate family residing on the
                   premises may be employed.

                                              65
ii)     The business shall have a local business license and any other appropriate
        licensing or registrations required by local, state or federal law.
iii)    No equipment or process shall be used in home occupations which creates
        noise, vibration, glare, fumes, odor, or electrical interference detectable to
        the normal senses of persons off the lot. In the case of electrical
        interference, no equipment or process shall be used which creates visual or
        audible interference with any radio or television receivers off the premises
        or causes fluctuations in the line voltage off the premises.

iv)     Explosives, flammable liquids or combustible liquids shall only be used in
        compliance with the applicable fire and building codes.

v)      Activities involving kilns or welding equipment shall comply with the
        applicable fire and building codes.

vi)     The outside appearance of the premises shall have no visible evidence of
        the conduct of a home occupation.

vii)    Home occupations may not serve as headquarters or dispatch centers
        where employees come to the site and are dispatched to other locations.

viii)   All activity must be conducted within a preexisting structure. The home
        occupation shall not require internal or external alterations or involve
        construction features not customarily found in dwellings.

ix)     There shall be no exterior display or signage other than that signage
        allowed for home occupations under the sign requirements of this
        ordinance. [amended 11/00]

x)      No goods shall be kept, or sold which are made or assembled off-site,
        except as incidental to services rendered.

xi)     The primary function of the premises shall be that of the residence of the
        family, and the occupation shall not exceed twenty-five (25) percent of the
        principal building.

xii)    There shall be no outside storage or processing.

xiii)   The home occupation shall not involve the routine use of commercial
        vehicles for delivery of materials to and from the premises. There shall be
        no commercial vehicles associated with the home occupation, nor parking
        of more than one (1) business car, pickup truck or small van on the
        premises.

xiv)    Activities specifically prohibited (but not limited to) include:

                                  66
                      (1)     A service or repair of motor vehicles, appliances and other large
                              equipment

                      (2)     A service or manufacturing process which would normally require
                              industrial zoning
                      (3)     A commercial food service requiring a license

                      (4)     A limousine service

                      (5)     A lodging service including but not limited to, a tourist home,
                              motel or hotel

                      (6)     A tattoo parlor

                      (7)     An animal hospital or kennel

                      (8)     A lawn service

               xv)    No activity legally excluded by any deed restriction or other tenant or
                      owner restrictions shall be permitted.

8.     Foster Care Small Group Homes. [amended 11/02]

9.     Assisted Living Facility, under the following conditions: [amended 4/10]

       a.      There shall be no more than six (6) residents per building.

       b.      The facility shall be at least one thousand five hundred (1,500) feet from any other
               similar facility.

10.    Accessory buildings and accessory uses customarily incidental to the above Principal
       Permitted Uses.

11.    Uses similar to the above Principal Permitted Uses.

SECTION 701: SPECIAL LAND USES PERMITTED [amended 2/02] [amended 2/03]

The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission:

1.     Offices and clinics of physicians, dentists, architects, engineers, attorneys, accountants,
       real estate appraisers, or other professional persons; real estate, insurance, credit service
       (other than loan) offices and similar businesses supplying services instead of products

                                                67
     when determined by the Planning Commission upon application to it, to be consistent
     with the nature and condition of neighboring uses and structures.

2.   Buildings to be used exclusively to house the offices of civic, religious or charitable
     organizations, the activities of which are conducted by mail, and which are not displaying
     or handling merchandise or rendering service on the premises.

3.   Schools and colleges not involving the use of mechanical equipment except such as is
     customarily found in dwellings or professional offices provided that any such building
     shall be located not less than thirty (30) feet from any other lot in any residential district.

4.   Adult Foster Care Large Group Homes, provided that such facility shall be at least one
     thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]

5.   Previously existing or established commercial uses not already converted to a residential
     use may be authorized under Special Use Permit for the following [amended 12/99]:
     a.     Retail and/or service establishments meeting the intent of the neighborhood
            Limited Business Zone (B-1) dealing directly with consumers including:

            1)      Any generally recognized retail business which supplies new commodities
                    on the premises for persons residing in adjacent residential areas such as:
                    groceries, meats, dairy products, baked goods or other foods, drugs,
                    drygoods, and notions or hardware.

            2)      Any personal service establishment which performs services on the
                    premises for persons residing in adjacent residential areas, such as: shoe
                    repair, drop-off dry cleaning shops, tailor shops, beauty parlors, barber
                    shops, dressmaker, tailor, pharmacist, or an establishment doing radio,
                    television, or home appliance repair, and similar establishments that
                    require a retail character no more objectionable than the aforementioned,
                    subject to the provision that no more than five (5) persons shall be
                    employed at any time in the sale, repair, or other processing of goods.

            3)      Professional offices of doctors, lawyers, dentists, chiropractors,
                    osteopaths, architects, engineers, accountants, and similar or allied
                    professions.

            4)      Restaurants, or other places serving food, except drive-in or drive-through
                    restaurants.

     b.     Prohibited uses: Activities specifically prohibited include repair or service of
            motor vehicles and other large equipment; manufacturing processes which would
            normally require industrial zoning; any activity which may become a nuisance due
            to noise, unsightliness or odor; and any activity which may adversely affect
            surrounding property.


                                               68
       c.     Conditions:

              1)      Outdoor storage is prohibited.

              2)      The area devoted to approved uses shall not exceed 2,500 square feet.

              3)      All goods produced on the premises shall be sold at retail on the premises
                      where produced.

              4)      All business, servicing, or processing shall be conducted within a
                      completely enclosed building, or in an area specifically approved by the
                      Planning Commission.

              5)      Parking shall be accommodated on site or with limited street parking.

              6)      Hours of operation may be limited by the Planning Commission.

              7)      Signs must comply with those set forth for the residential zoning district.

              8)      The Planning Commission may allow a use to sell alcohol, however the
                      Commission may limit the type of license applied for or obtained for the
                      sale of alcohol to an SDM, hours of operation, and any other restrictions
                      intended to stabilize, protect, and encourage the residential character of the
                      area. The use must gain approval from the Michigan Liquor Control
                      Commission before alcohol can be or sold.

6.     Accessory buildings and accessory uses customarily incidental to the above Special Land
       Uses Permitted.

7.     Uses similar to the above Special Land Uses Permitted.

SECTION 702: PLANNED UNIT DEVELOPMENT [amended 10/98]

Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Development in the RM-1 Low Density
Multiple Family Residential District is to allow mixed land uses, which are compatible to each
other, while prohibiting nonresidential uses which would not be compatible or harmonious with
residential dwellings.

SECTION 703: AREA AND BULK REQUIREMENTS [amended 4/00]

1.     Minimum lot size: 10,890 sq. feet.

2.     Density (see definition in Article II): 16 dwelling units per buildable acre.

3.     Dedicated open space requirement: 15 %

                                                69
4.    Maximum lot coverage:
           Buildings: 60 %
           Pavement: 20 %

5.    Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
      measured from setback).

6.    Maximum building width: 50% (as a portion of the lot width).

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

8.    Height limit: 3 stories or 50 feet.

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

9.    Front Setbacks: [amended 1/05]
             Minimum:
                    Expressway or Arterial Street: 30 feet
                    Collector or Major Street: 25 feet
                    Minor Street: 20 feet

10.   Rear setback: 30 feet
11.   Setback from the ordinary high water mark or wetland: 50 feet (principal structures
      only).

12.   Side setbacks:
             1-story: 8 feet and 12 feet
             2-story: 10 feet and 14 feet
             3-story: 12 feet and 16 feet

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

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

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


                                               70
      b.     The building has adequate fire access preserved pursuant to fire code
             requirements.

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

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

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

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




                                                71
     ARTICLE VIII - RM-2 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL
                                 DISTRICTS

PREAMBLE

The RM-2 Medium Density Multiple Family Residential Districts are intended to be selectively
planned at locations in the City so as to provide transition between nonresidential areas and One
and Two Family Residential Districts, and between nonresidential areas and the RM-1 Low
Density Multiple Family Residential.

SECTION 800: PRINCIPAL USES PERMITTED

In a RM-2 Medium Density Multiple Family Residential District no building shall be erected,
structurally altered, or occupied except for one (1) or more of the following specified uses, unless
otherwise provided for in this Ordinance:

1.     All Principal Uses Permitted in the R One Family Residential Districts, RT Two Family
       Residential Districts, and RM-1 Low Density Multiple Family Residential Districts,
       subject to the applicable regulations of this District.

2.     Accessory uses and accessory buildings customarily incidental to the above Principal
       Uses Permitted.

3.     Adult Foster Care Large Group Homes. [amended 11/02]

4.     Uses similar to the above Principal Uses Permitted.

SECTION 801: SPECIAL LAND USES PERMITTED [amended 2/02] [amended 2/03]

The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission:

1.     All Section 601 and 701 Special Land Uses Permitted in the RT Two Family Residential
       Districts and RM-1 Low Density Multiple Family Residential Districts, subject to the
       applicable regulations of this District.

2.     Adult Foster Care Congregate Facilities, provided that such facility shall be at least one
       thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]

3.     Previously existing or established commercial uses not already converted to a residential
       use may be authorized under Special Use Permit for the following [amended 12/99]:

       a.      Retail and/or service establishments meeting the intent of the neighborhood
               Limited Business Zone (B-1) dealing directly with consumers including:

                                                72
     1)     Any generally recognized retail business which supplies new commodities
            on the premises for persons residing in adjacent residential areas such as:
            groceries, meats, dairy products, baked goods or other foods, drugs,
            drygoods, and notions or hardware.

     2)     Any personal service establishment which performs services on the
            premises for persons residing in adjacent residential areas, such as: shoe
            repair, drop-off dry cleaning shops, tailor shops, beauty parlors, barber
            shops, dressmaker, tailor, pharmacist, or an establishment doing radio,
            television, or home appliance repair, and similar establishments that
            require a retail character no more objectionable than the aforementioned,
            subject to the provision that no more than five (5) persons shall be
            employed at any time in the sale, repair, or other processing of goods.

     3)     Professional offices of doctors, lawyers, dentists, chiropractors,
            osteopaths, architects, engineers, accountants, and similar or allied
            professions.

     4)     Restaurants, or other places serving food, except drive-in or drive-through
            restaurants.

b.   Prohibited uses: Activities specifically prohibited include repair or service of
     motor vehicles and other large equipment; manufacturing processes which would
     normally require industrial zoning; any activity which may become a nuisance due
     to noise, unsightliness or odor; and any activity which may adversely affect
     surrounding property.

c.   Conditions:

     1)     Outdoor storage is prohibited.

     2)     The area devoted to approved uses shall not exceed 2,500 square feet.

     3)     All goods produced on the premises shall be sold at retail on the premises
            where produced.

     4)     All business, servicing, or processing shall be conducted within a
            completely enclosed building, or in an area specifically approved by the
            Planning Commission.

     5)     Parking shall be accommodated on site or with limited street parking.

     6)     Hours of operation may be limited by the Planning Commission.

     7)     Signs must comply with those set forth for the residential zoning district.


                                     73
              8)      The Planning Commission may allow a use to sell alcohol, however the
                      Commission may limit the type of license applied for or obtained for the
                      sale of alcohol to an SDM, hours of operation, and any other restrictions
                      intended to stabilize, protect, and encourage the residential character of the
                      area. The use must gain approval from the Michigan Liquor Control
                      Commission before alcohol can be or sold.

4.     Accessory buildings and accessory uses customarily incidental to the above Special Land
       Uses Permitted.

5.     Uses similar to the above Special Land Uses Permitted.

SECTION 802: PLANNED UNIT DEVELOPMENT [amended 10/98]

Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the RM-2 Medium
Density Multiple Family Residential District is to allow mixed land uses, which are compatible
to each other, while prohibiting nonresidential uses which would not be compatible or
harmonious with residential dwellings.

SECTION 803: AREA AND BULK REQUIREMENTS [amended 4/00]

1.     Minimum lot size: 14,520 sq. feet.

2.     Density (see definition in Article II): 24 dwelling units per buildable acre.

3.     Dedicated open space requirement: 15%

4.     Maximum lot coverage:
            Buildings: 70%
            Pavement: 20%

5.     Lot width: 125 feet (shall be measured at road frontage unless a cul-de-sac, then
       measured from setback).

6.     Maximum building width: 50% (as a portion of the lot width).

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

8.     Height limit: 4 stories or 60 feet.

       Height measurement: In the case of a principal building, the vertical distance measured
       from the average finished grade to the highest point of the roof surface where the building
       line abuts the front yard, except as follows: to the deck line of mansard roofs, and the
       average height between eaves and the ridge of gable, hip, and gambrel roofs (see Figure

                                                74
      2-2). If the ground is not entirely level, the grade shall be determined by averaging the
      elevation of the ground for each face of the building (see Figure 2-3).

9.    Front Setbacks: [amended 1/05]
             Minimum:
                    Expressway or Arterial Street: 30 feet
                    Collector or Major Street: 25 feet
                    Minor Street: 20 feet

10.   Rear setback: 30 feet

11.   Setback from the ordinary high water mark or wetland: 50 feet (principal structures
      only).
12.   Side setbacks:
             1-story: 8 feet and 12 feet
             2-story: 10 feet and 14 feet
             3-story: 12 feet and 16 feet
             4-story: 16 feet and 20 feet

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

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

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

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

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

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

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

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




                                                75
      ARTICLE IX - RM-3 HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL
                                DISTRICTS

PREAMBLE

The RM-3 High Density Multiple Family Residential Districts are intended to be located in
planned areas in and adjacent to the Muskegon Central Business District, in areas where
satisfactory open space can be provided based upon District requirements, and yet maintain the
harmony and integrity of adjacent residential uses, or in areas where the location can provide
waterfront or other aesthetic vistas. Because of the density of population located in the RM-3
High Density Multiple Family Residential Districts, these Districts are placed where adequate
thoroughfares and ancillary services are available.

SECTION 900: PRINCIPAL USES PERMITTED

In an RM-3 High Density Multiple Family Residential District no building or land shall be used
and no building shall be erected, structurally altered, or occupied except for one (1) or more of
the following specified uses, unless otherwise provided for in this Ordinance:

1.     Multiple dwellings.

2.     Rooming house with a capacity of not more than five (5) roomers.

3.     Churches and other facilities normally incidental thereto subject to the following
       conditions:

       a.     The site shall be so located as to provide for ingress and egress from said site
              directly onto a major or secondary thoroughfare.

       b.     The principal buildings on the site shall be set back from the abutting properties
              zoned for residential use not less than thirty (30) feet.

       c.     Buildings of greater than the maximum height allowed in Section 2100 may be
              allowed provided front, side, and rear yards are increased above the minimum
              requirements by one (1) foot for each foot of building that exceeds the maximum
              height allowed.

4.     Adult Foster Care Family Homes, Adult Foster Care Small Group Homes, Adult Foster
       Care Large Group Homes, and Adult Foster Care Congregate Facilities. [amended 11/02]

5.     Accessory buildings and accessory uses customarily incidental to the above Principal
       Uses Permitted.

6.     Uses similar to the above Principal Uses Permitted.



                                               76
SECTION 901: SPECIAL LAND USES PERMITTED [amended 2/02] [amended 2/03]

The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to applicable conditions and any other
reasonable conditions imposed by the Planning Commission:

1.     Previously existing or established commercial uses not already converted to a residential
       use may be authorized under Special Use Permit for the following [amended 12/99]:

       a.      Retail and/or service establishments meeting the intent of the neighborhood
               Limited Business Zone (B-1) dealing directly with consumers including:

               1)     Any generally recognized retail business which supplies new commodities
                      on the premises for persons residing in adjacent residential areas such as:
                      groceries, meats, dairy products, baked goods or other foods, drugs,
                      drygoods, and notions or hardware.

               2)     Any personal service establishment which performs services on the
                      premises for persons residing in adjacent residential areas, such as: shoe
                      repair, drop-off dry cleaning shops, tailor shops, beauty parlors, barber
                      shops, dressmaker, tailor, pharmacist, or an establishment doing radio,
                      television, or home appliance repair, and similar establishments that
                      require a retail character no more objectionable than the aforementioned,
                      subject to the provision that no more than five (5) persons shall be
                      employed at any time in the sale, repair, or other processing of goods.

               3)     Professional offices of doctors, lawyers, dentists, chiropractors,
                      osteopaths, architects, engineers, accountants, and similar or allied
                      professions.

               4)     Restaurants, or other places serving food, except drive-in or drive-through
                      restaurants.

       b.      Prohibited uses: Activities specifically prohibited include repair or service of
               motor vehicles and other large equipment; manufacturing processes which would
               normally require industrial zoning; any activity which may become a nuisance due
               to noise, unsightliness or odor; and any activity which may adversely affect
               surrounding property.

       c.      Conditions:

               1)     Outdoor storage is prohibited.

               2)     The area devoted to approved uses shall not exceed 2,500 square feet.


                                               77
              3)      All goods produced on the premises shall be sold at retail on the premises
                      where produced.

              4)      All business, servicing, or processing shall be conducted within a
                      completely enclosed building, or in an area specifically approved by the
                      Planning Commission.

              5)      Parking shall be accommodated on site or with limited street parking.

              6)      Hours of operation may be limited by the Planning Commission.

              7)      Signs must comply with those set forth for the residential zoning district.

              8)      The Planning Commission may allow a use to sell alcohol, however the
                      Commission may limit the type of license applied for or obtained for the
                      sale of alcohol to an SDM, hours of operation, and any other restrictions
                      intended to stabilize, protect, and encourage the residential character of the
                      area. The use must gain approval from the Michigan Liquor Control
                      Commission before alcohol can be or sold.

2.     Accessory buildings and accessory uses customarily incidental to the above Special Land
       Uses Permitted.

3.     Uses similar to the above Special Land Uses Permitted.

SECTION 902: PLANNED UNIT DEVELOPMENTS [amended 10/98]

Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the RM-3 High Density
Multiple Family Residential District is to allow mixed land uses, which are compatible to each
other, while prohibiting nonresidential uses which would not be compatible or harmonious with
residential dwellings.

SECTION 903: AREA AND BULK REQUIREMENTS [amended 4/00]

1.     Minimum lot size: 21,780 sq. feet.

2.     Density (see definition in Article II): 48 dwelling units per buildable acre.

3.     Dedicated open space requirement: 15%

4.     Maximum lot coverage:
            Buildings: 70%
            Pavement: 20%




                                                78
5.    Lot width: 150 feet (shall be measured at road frontage unless a cul-de-sac, then
      measured from setback).

6.    Maximum building width: 50% (as a portion of the lot width).

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

8.    Height limit: 5 stories or 80 feet.

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

9.    Front Setbacks: [amended 1/05]
             Minimum:
                    Expressway or Arterial Street: 30 feet
                    Collector or Major Street: 25 feet
                    Minor Street: 20 feet

10.   Rear setback: 30 feet

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

12.   Side setbacks:
             1-story:   8 feet and 12 feet
             2-story:   10 feet and 14 feet
             3-story:   12 feet and 16 feet
             4-story:   16 feet and 20 feet
             5-story:   20 feet and 24 feet

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

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

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

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

                                               79
      c.     The zero lot line side is not adjacent to a street.

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

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

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




                                                80
                     MC MEDICAL CARE DISTRICTS [amended 2/03]

PREAMBLE

The MC Health Care districts are established to accommodate and direct the development of
hospitals to serve as the nucleus of health care campuses. The uses permitted within these
districts are intended to provide a convenient and efficient health care delivery system for the
City and surrounding region. In addition to hospitals, MC districts permit development of
closely related services such as medical offices, housing for the elderly and special needs groups;
and, limited retail and various types of health care related services ancillary to principal district
uses. It is the further intent of MC districts to assist and encourage the development of medical
institutional land uses in a campus setting which includes not only the primary buildings and
structures, but also, campus support systems involving pedestrian and vehicular circulation,
parking, signs, exterior lighting, loading and materials handling, support facilities,
interconnecting systems of above and below ground corridors, and related facilities. The districts
are intended to support uses providing human care.

SECTION 904: PRINCIPAL USES PERMITTED

In an MC Medical Care District no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (1) or more of the following specified
uses, unless otherwise provided for in this Ordinance:

1.     General medical, surgical hospitals and specialty hospitals, but not including animal
       hospitals.

2.     Outpatient diagnostic and treatment centers, day surgery centers, rehabilitation clinics,
       and urgent care facilities.

3.     Professional medical offices intended primarily for health care related professions or
       activities or hospital support services.

4.     Offices for non-profit organizations related to or providing health care services.

5.     Diagnostic and medical laboratories or research facilities.

6.     Pharmacies without drive-up window service.

7.     Medical appliance sales and servicing.

8.     Educational facilities for the training of interns, nurses, and allied health care personnel.

9.     Specialized congregate housing for the disabled and senior housing for the elderly at a
       density not to exceed the density standards of the RM-3, High Density Multiple Family
       Zone District. The density to be based on the area encompassed by the housing
       structure(s) and parking and open spaces specifically assigned to the specialized housing.

                                                 81
10.    Conference facilities for events and activities related to the permitted MC district uses.
11.    Ambulance services and associated maintenance facilities.

12.    Parking decks (associated with uses permitted in the MC district) of up to two (2) levels
       above grade (roof parking is not counted as a deck) provided the setbacks for principal
       buildings are met.

13.    Private, indoor, recreational facilities and fitness centers located within a hospital,
       provided such facilities are for employees and patients and not available to the general
       public.

14.    Chapels, churches, places of worship, and related facilities, when located within a
       hospital building.

15.    Accessory mobile medical technology units which will be stationed on the grounds of a
       hospital campus.

16.    Establishments engaged in providing diagnostic services, extensive medical treatment
       (including surgical services) and other hospital services, as well as continuous nursing
       service.

17.    Establishments primarily engaged in providing intermediate or long term nursing and
       health related care to individuals, typically classified as nursing homes, elder care
       facilities, and other such operations.

18.    Dwellings affiliated with a hospital providing shelter and services for the elderly, which
       may include meals, housekeeping, personal care assistance and medical services.

19.    Accessory buildings and accessory uses customarily incidental to the above Principal
       Permitted Uses.

20.    Uses similar to the above Principal Permitted Uses.

SECTION 905: SPECIAL LAND USES PERMITTED

The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission:

1.     Any permitted use, which includes provision for drive-up window services.

2.     Pharmacies with drive-up window service.

3.     Parking decks (associated with uses permitted in the MC district) exceeding two (2)

                                                82
     levels above grade (roof parking is not counted as a deck) provided the setbacks for
     principal buildings are met.

4.   Specialized lodging facilities, including those with accessory conference centers and
     restaurants used for visitors and patients of hospitals.
5.   Accessory mobile medical technology units which will be stationed outside the grounds
     of a hospital campus.

6.   Interconnected systems of above and below ground corridors when traversing a public
     right-of-way.

7.   Helipads, heliports, and helistops, under the following conditions:

     a.     Helicopter access must be used for emergency transportation only.

     b.     All helipads must be located within the boundaries of the hospital campus and
            shall be isolated from residential uses and screened from the street or adjoining
            residential uses.

     c.     A specific hospital campus shall have only one primary functioning helipad,
            however, a back-up or secondary helipad may exist subject to Planning
            Commission approval.

     d.     There must be demonstrated compliance with the standards of the Michigan
            Bureau of Aeronautics and the Federal Aviation Administration.

     e.     All landing and take-off sites (pads) shall be located not less than 100 feet from
            all property lines, unless a lesser distance is approved by the Planning
            Commission.

     f.     The landing and take-off site shall contain perimeter landscape, fencing, and/or
            other facilities or structures, or combinations thereof.

     g.     The site shall be designed to ensure adequate separation between pedestrian
            circulation routes and the landing pad.

8.   Power Plants – for hospital or medical facilities provided they are screened from off-site
     view of residential areas by use of walls, berms, landscaping, and/or other approved
     structures. Plants shall blend with the overall architectural character of attached and
     surrounding structures and the hospital campus as a whole.

9.   Accessory buildings and accessory uses customarily incidental to the above Special Land
     Uses Permitted.




                                             83
SECTION 906: PLANNED UNIT DEVELOPMENTS

Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the MC Health Care
Districts is to allow mixed land uses, which are compatible to each other, while prohibiting
nonresidential uses which would not be compatible or harmonious with residential dwellings.

SECTION 907: AREA AND BULK REQUIREMENTS

1.     Minimum lot size: 10,890 sq. feet.
2.     Maximum lot coverage:
             Buildings: 70 %
             Pavement: 25 %

3.     Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
       measured from setback).

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

5.     Height Limit:
              Maximum height: 3 stores or 100 feet, provided, however, buildings of greater
              height may be approved by the Planning Commission subject to a Special Use
              Permit.

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

6.     Front Setbacks: [amended 1/05]
              Minimum:
                     Expressway or Arterial Street: 30 feet
                     Collector or Major Street: 20 feet
                     Minor Street or campus access drive: 10 feet

              Maximum:
                   Expressway, Arterial Street or Major Street: 50 feet
                   Collector Street: 40 feet
                   Minor Street or campus access drive: 30 feet

7.     Rear setback: 10 feet


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

9.    Side setbacks:
             1-story: 8 feet and 12 feet
             2-story: 10 feet and 14 feet

      Note, setback measurement: The required front yard shall be measured from the right-of-
      way line to the nearest foundation or building wall of the building or structure. The
      required rear yard shall be measured from the property line to the nearest foundation or
      building wall of the building or structure. Side yard setbacks shall be measured from the
      property line to the determined drip line of buildings.

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

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

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

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

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

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

11.   All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
      line is employed for a structure or fire access. At least fifty percent of the required front
      yard setback shall be landscaped and adjacent to the road right-of-way. An average
      minimum greenbelt of 10 feet shall be maintained.

12.   Pedestrian Circulation:

      a.     Pedestrian systems connecting visitor and employee parking to building entrances
             shall be provided.

      b.     Whenever a hospital campus, or portion thereof, is located adjacent to public
             sidewalks or non-motorized pathways under the control of the City, the hospital’s
             pedestrian and vehicular circulation systems shall be designed to link with these
             public systems in a safe and efficient manner.




                                                85
                   ARTICLE X - B-1 LIMITED BUSINESS DISTRICTS

PREAMBLE

The B-1 Limited Business Districts are designed primarily for the convenience of persons
residing in adjacent residential areas or neighborhoods, and to permit only such uses as are
necessary to satisfy those limited basic, daily shopping and/or service needs, which by their very
nature are not similar to the shopping patterns of the B-2 convenience and Comparison, B-3
Central Business District, and B-4 General Business Districts. B-1 Districts are also intended to
be utilized at planned locations in the City as zones of transition between major thoroughfares
and residential areas, and between intensive nonresidential areas and residential areas. In the B-1
District all business establishments shall be retail and/or service establishments dealing directly
with consumers. All goods produced on the premises shall be sold at retail on the premises
where produced. All business, servicing or processing, except off-street parking or loading, shall
be conducted within a completely enclosed building, or in an area specifically approved by the
City.

SECTION 1000: PRINCIPAL USES PERMITTED

In a B-1 Limited Business District no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (1) or more of the following specified
uses, unless otherwise provided for in this Ordinance:

1.     Any generally recognized retail business which supplies new commodities on the
       premises for persons residing in adjacent residential areas such as: groceries, meats, dairy
       products, baked goods or other foods, drugs, drygoods, and notions or hardware. No
       individual uses, either freestanding or in a group of uses, shall exceed two thousand five
       hundred (2,500) square feet in area.

2.     Any personal service establishment which performs services on the premises for persons
       residing in adjacent residential areas, such as: Shoe repair, dry cleaning shops, tailor
       shops, beauty parlors, barber shops, dressmaker, tailor, pharmacist, or an establishment
       doing radio, television, or home appliance repair, and similar establishments that require
       a retail character no more objectionable than the aforementioned, subject to the provision
       that no more than five (5) persons shall be employed at any time in the sale, repair, or
       other processing of goods.

3.     Professional offices of doctors, lawyers, dentists, chiropractors, osteopaths, architects,
       engineers, accountants, and similar or allied professions. No individual use shall exceed
       two thousand five hundred (2,500) square feet in area.

4.     Office buildings for any of the following types of occupations: executive, administrative
       and professional. No individual use shall exceed two thousand five hundred (2,500)
       square feet in area.



                                                86
5.     Residential uses as part of a building in this zone shall be allowed upon issuance of a
       Certificate of Occupancy from the Department of Inspections, provided that the minimum
       lot area requirements of the RM-1 District are met.

6.     Accessory buildings and accessory uses customarily incidental to any of the above
       Principal Uses Permitted.

7.     Uses similar to the above Principal Uses Permitted.

SECTION 1001: SPECIAL LAND USES PERMITTED

The following area, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use ( and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions and any
other reasonable conditions imposed by the Planning Commission. A site plan shall not be
required when there are no external changes made to the buildings or properties.

1.     Restaurants or other places serving food, except drive-in or drive-through restaurants.

2.     Churches and other facilities normally incidental thereto subject to the following
       conditions:

       a.      The site shall be so located as to provide for ingress and egress from said site
               directly onto a major or secondary thoroughfare.

       b.      The principal buildings on the site shall be set back from abutting properties
               zoned for residential use not less than thirty (30) feet.

       c.      Buildings of greater than the maximum height allowed in Section 2100 may be
               allowed provided front, side, and rear yards are increased above the minimum
               requirements by one (1) foot for each foot of building that exceeds the maximum
               height allowed.

3.     Accessory buildings and accessory uses customarily incidental to the above Special Land
       Uses Permitted.

4.     Uses similar to the above Special Land Uses Permitted.

SECTION 1002: PLANNED UNIT DEVELOPMENTS [amended 10/98]

Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the B-1 Limited
Business Districts is to allow mixed land uses which are compatible to each other, while
prohibiting nonresidential uses which would not be compatible or harmonious with residential
dwellings.


                                                87
SECTION 1003: AREA AND BULK REQUIREMENTS [amended 4/00]

1.    Minimum lot size: 4,000 sq. feet.

2.    Maximum lot coverage:
             Buildings: 50%
             Pavement: 25%
3.    Lot width: 40 feet (shall be measured at road frontage unless a cul-de-sac, then measured
      from setback).

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

5.    Height limit: 2 stories or 35 feet.

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

6.    Front Setbacks: [amended 1/05]
             Minimum:
                    Expressway or Arterial Street: 30 feet
                    Collector or Major Street: 20 feet
                    Minor Street: 10 feet
             Maximum:
                    Expressway, Arterial Street or Major Street: 50 feet
                    Collector Street: 40 feet
                    Minor Street: 30 feet

7.    Rear setback: 10 feet

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

9.    Side setbacks:
             1-story: 8 feet and 12 feet
             2-story: 10 feet and 14 feet

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

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

                                               88
      a.     The building has an approved fire rating for zero-lot line development under the
             building code.

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

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

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

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

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




                                                89
     ARTICLE XI - B-2 CONVENIENCE AND COMPARISON BUSINESS DISTRICTS

PREAMBLE

The B-2 Convenience and Comparison Business Districts are designed for the convenience and
community shopping needs of residents in the Muskegon Area, and they are intended to be
located in planned groups near the intersection of major thoroughfares. All business
establishments shall be retail or service establishments dealing directly with consumers, and all
goods produced on the premises shall be sold at retail on the premises where produced. All
business, servicing or processing, except off-street parking or loading, shall be conducted within
a completely enclosed building, unless otherwise provided by this Ordinance and specifically
approved by the City.

SECTION 1100: PRINCIPAL USES PERMITTED

In a B-2 Convenience and Comparison Business District no building or land shall be used and no
building shall be erected, structurally altered, or occupied except for one (1) or more of the
following specified uses, unless otherwise provided for in this Ordinance:

1.     Any generally recognized retail business which supplies commodities such as: groceries,
       meats, dairy products, baked goods or other foods, drugs, dry goods, and notions or
       hardware.

2.     Personal service establishments such as: shoe repair, dry cleaning shops, tailor shops,
       beauty parlors, barber shops, banks and savings and loan offices, pharmacist and
       laboratories, or any service establishment of an office-showroom or workshop nature of
       an electrician, decorator, dressmaker, tailor, shoemaker, baker, printer, upholsterer,
       appliance repair, photographic reproduction, and similar establishments that require a
       retail character no more objectionable than the aforementioned.

3.     Restaurants, or other places serving food.

4.     Professional offices of doctors, lawyers, dentists, chiropractors, architects, engineers,
       accountants, and similar or allied professions. Offices may be permitted for similar or
       allied professions. Offices may be permitted for applied technology, light technological
       research, research and development facilities with laboratories, but no industrially
       oriented production facilities shall be permitted.

5.     Office buildings for any of the following types of occupations: executive, administrative
       and professional.

6.     Post offices and other governmental office buildings.

7.     Newspaper offices and printing offices.



                                                 90
8.     Private clubs, lodge halls, social, and similar organizations, including assembly or rental
       halls. [amended 8/97]

9.     Contractor’s offices, with associated indoor storage: [amended 6/02]

       a.      All associated storage must be contained within a structure, and such structure
               dedicated to storage shall not exceed five thousand (5,000) square feet in size.

       b.      No toxic, hazardous or noxious materials shall be stored on the site.

10.    Recording Studios. [amended 8/02]

11.    Stores selling second hand merchandise [amended 1/12]

12.    Brewpubs. [amended 3/12]

13.    Micro Breweries, Small Wineries and Small Distilleries as long as the brewing area is
       less than 2,500 square feet. [amended 3/12]

14.    Amusement and recreational facilities, including indoor and outdoor sports fields.

15.    Residential uses as part of a building in this business zone shall be allowed upon issuance
       of a Certificate of Occupancy from the Department of Inspections, but provided that the
       minimum lot area requirements of the RM-2 District are met.

16.    Accessory buildings and accessory uses customarily incidental to the above Principal
       Uses Permitted.

17.    Uses similar to the above Principal Uses Permitted.

SECTION 1101: SPECIAL LAND USES PERMITTED

The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission. A site plan shall not be
required when no external changes are made to the buildings or properties.

1.     Automobile service stations for the sale of gasoline, oil, tires, muffler tune up, not
       including major repair such as engine rebuilding, undercoating, and similar industrially
       oriented activities, and subject further to the following:

       a.      The curb cuts for ingress and egress to a service station shall not be permitted at
               such locations that will tend to create traffic hazards in the streets immediately
               adjacent thereto. Entrances shall be no less than twenty-five (25) feet from a



                                                91
            street intersection (measured from the roadway) or from adjacent residential
            property, and subject to other ordinances of the City.

     b.     The minimum lot area shall be ten thousand (10,000) square feet, and so arranged
            that ample space is available for motor vehicles which are required to wait.

     c.     There shall be provided, on those sides abutting or adjacent to a residential
            district, a four foot (4') completely obscuring wall or fence. The height of the wall
            or fence shall be measured from the surface of the ground.

     d.     All lighting shall be shielded from adjacent residential districts and from abutting
            streets.

     e.     All rest rooms doors shall be shielded from adjoining residential property.

2.   Banks with drive-in facilities, when said drive-in facilities are incidental to the principal
     function.

3.   Business in the character of a drive-in restaurant, or open front store, subject to the
     following:

     a.     A setback of at least sixty (60) feet shall be provided from the street right-of-way
            line of any existing or proposed major thoroughfare.

     b.     Ingress and egress points shall be located at least sixty (60) feet from the
            intersection of any two (2) streets.

4.   Churches and other facilities normally incidental thereto subject to the following
     conditions:

     a.     The site shall be so located as to provide for ingress and egress from said site
            directly onto a major or secondary thoroughfare.

     b.     The principal buildings on the site shall be set back from abutting properties
            zoned for residential use not less than thirty (30) feet.

     c.     Buildings of greater than the maximum height allowed in Section 2100 may be
            allowed provided front, side, and rear yards are increased above the minimum
            requirements by one (1) foot for each foot of buildings that exceeds the maximum
            height allowed.

5.   Hotels, motels, sleeping inns and other facilities normally incidental thereto subject to the
     following conditions: [amended 9/99]

     a.     The maximum length of stay at the facility shall not be greater than fourteen (14)
            consecutive days.

                                              92
     b.     Kitchen facilities may be allowed for some or all of the guest units, at the
            discretion of the Planning Commission, provided that not more than fifty percent
            (50%) of the units have such facilities.

     c.     The minimum floor area of each guest unit shall contain not less than two-
            hundred (200) square feet. Each guest unit shall contain a private rest room.

     d.     The minimum lot area shall be one-half (1/2) acre with a minimum width of
            seventy-five (75) feet. For any new development containing less than one (1) acre
            there shall be at least sixteen hundred (1600) square feet of lot for each guest
            rental unit. In no case is a development to exceed 24 total units.

     e.     Parking shall be provided on-site.

     f.     The Planning Commission may require a common open space area of one hundred
            (100) square feet per unit with tables and seating. This area may be located in the
            required setback.

6.   Business schools, or private schools operated for profit. Examples of private schools
     permitted herein include, but are not limited to, the following: dance schools, music and
     voice schools, and art studios: [amended 5/02]

     c.     Parking is required to be provided on the same site as the building. Shared
            parking will be allowed, if it is irrevocable, and if it will not consume any parking
            needed for a separate use.

7.   Contractor’s offices, with associated indoor storage of over five thousand (5,000) square
     feet in size: [amended 6/02]

     a.     All associated storage must be contained within a structure.

     b.     No toxic, hazardous or noxious materials shall be stored on the site.

8.   Live music concert halls, under the following conditions: [amended 8/02]

     a.     The business will operate in such a manner as to comply with the Noise
            Ordinance enacted by the City of Muskegon. No music (either live or piped) will
            be permitted outside the building.

     b.     The business will not be permitted to serve alcohol at any time to any person.

     c.     The business will maintain security staff, both inside and outside the building, at
            all times when open to customers. Loitering will not be permitted on or around
            the site.



                                             93
       d.     The business will not operate between the hours of 3:00 a.m. and 8:00 a.m. No
              person of 16 years of age or younger will be permitted within the business after
              midnight and must directly exit the premises after that time.

       e.     The site and general vicinity will be maintained and litter-free, and will be
              checked for litter every day before opening.

       f.     Security lighting will be provided for the site.

9.     Self-serve, coin operated, automobile car wash, enclosed in a building.

10.    Indoor Theaters [amended 5/04]

       a.     Parking must be either on site or with an irrevocable shared parking agreement.

11.    Veterinary clinics, without outdoor kennels. [amended 5/05]

12.    Wind Turbine Facilities. [amended 10/09].

13.    Micro breweries, small wineries and small distilleries with brewing areas larger than
       2,500 square feet. [amended 3/12]

14.    Accessory buildings and accessory uses customarily incidental to any of the above
       Special Land Uses Permitted.

15.    Uses similar to the above Special Land Uses Permitted.

SECTION 1102: PLANNED UNIT DEVELOPMENTS [amended 10/98]

Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the B-2 Convenience
and Comparison Business Districts is to allow mixed land uses which are compatible to each
other, while prohibiting nonresidential uses which would not be compatible or harmonious with
residential dwellings.

SECTION 1103: AREA AND BULK REQUIREMENTS [amended 4/00]

1.     Minimum lot size: 10,890 sq. feet.

2.     Maximum lot coverage:
            Buildings: 70 %
            Pavement: 25 %

3.     Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
       measured from setback).


                                                94
4.    Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3)
      times longer its width.

5.    Height Limit:
             Maximum height: 2 stories or 35 feet
             Minimum height: 2 stories or 35 feet.

             Minimum heights are in the form of an "overlay district" on the following street
             corridors:

                 Western Avenue; from Ninth Street to Pine Street.
                 Clay Avenue; from Seventh Street to Fourth Street.
                 Pine Street; from Western Avenue to Apple Avenue.

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

6.    Front Setbacks: [amended 1/05]
             Minimum:
                    Expressway or Arterial Street: 30 feet
                    Collector or Major Street: 20 feet
                    Minor Street: 10 feet
             Maximum:
                    Expressway, Arterial Street or Major Street: 50 feet
                    Collector Street: 40 feet
                    Minor Street: 30 feet

7.    Rear setback: 10 feet

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

9.    Side setbacks:
             1-story: 8 feet and 12 feet
             2-story: 10 feet and 14 feet

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

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


                                               95
      f.     The building has an approved fire rating for zero-lot line development under the
             building code.

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

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

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

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

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




                                                96
                  ARTICLE XII - B-3 CENTRAL BUSINESS DISTRICT

PREAMBLE

The City of Muskegon B-3 Central Business District is designed and intended to provide for and
regulate land and building uses so as to continue to create a shopping, living, cultural,
governmental, office, heritage, and institutional focal point for the City of Muskegon and the
Muskegon Area. The District is designed to provide flexibility to encourage a diversity of uses,
yet provide regulatory standards to create and maintain a safe and aesthetic environment.

SECTION 1200: PRINCIPAL USES PERMITTED [amended 6/07]

In the B-3 Central Business District, no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (1) or more of the following specified
uses, unless otherwise provided in this Ordinance.

1.     Retail sales of new merchandise and commodities provided that all sales are made from a
       completely enclosed building except that this section shall not prohibit the sales of
       antique collector items, this section shall prohibit the operation of a store whose primary
       sales are previously used products, except as further regulated.

2.     Professional and personal services of any type where any repair work done on the
       premises is incidental to the service rendered.

3.     Banks, including those with drive-in windows, and other financial institutions.

4.     Restaurants, cocktail lounges and brewpubs. [amended 3/12]

5.     Business schools, or private schools operated for profit. Examples of private schools
       permitted herein include, but are not limited to, the following: dance schools, music and
       voice schools, and art studios.

6.     Offices of business, government, and the professions.

7.     Hotels and motels.

8.     Indoor theaters.

9.     Micro breweries, small wineries and small distilleries, as long as the brewing area is less
       than 2,500 square feet. [amended 3/12]

10.    Residential uses as part of a building in this business zone shall be allowed upon issuance
       of Certificate of Occupancy from the Department of Inspections. [amended 12/06]

11.    Accessory buildings and accessory uses customarily incidental to the above Principal
       Uses Permitted.

                                               97
12.    Uses similar to the above Uses Permitted.

SECTION 1201: SPECIAL LAND USES PERMITTED [amended 6/07]

The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions and any
other reasonable conditions imposed by the Planning Commission.

1.     Automobile service stations for the sale of gasoline, oil, and minor repair, not including
       major repair such as engine rebuilding, undercoating, and similar industrially oriented
       activities and subject further to the following:

       a.      The curb cuts for ingress and egress to a service station shall not be permitted at
               such locations that will tend to create traffic hazards in the streets immediately
               adjacent thereto. Entrances shall be no less than twenty-five (25) feet from a
               street intersection (measured from the roadway) or from adjacent residential
               property, and subject to other Ordinances of the City.

       b.      The minimum lot area shall be ten thousand (10,000) square feet, and so arranged
               that ample space is available for motor vehicles which are required to wait.

       c.      There shall be provided, on those sides abutting or adjacent to a residential district
               or residential uses a four foot (4') completely obscuring wall or fence. The height
               of the wall or fence shall be measured from the surface of the ground.

       d.      All lighting shall be shielded from adjacent residential districts and from abutting
               streets.

2.     Amusements and recreational facilities, including bowling alleys and skating rinks.

3.     Commercial parking lots and parking structures.

4.     Churches and other facilities normally incidental thereto subject to the following
       conditions:

       a.      The site shall be so located as to provide for ingress and egress from said site
               directly onto a major or secondary thoroughfare.

       b.      The principal buildings on the site shall be set back from abutting properties
               zoned for residential use not less than thirty (30) feet.

       c.      Buildings of greater than the maximum height allowed in Section 2100 may be
               allowed provided front, side, and rear yards are increased above the minimum
               requirements by one (1) foot of building that exceeds the maximum height
               allowed.

                                                 98
5.    Specialized adult educational programs, under the following conditions: [amended 1/02]

      a.     The program must be associated with a school district.

      b.     No residency will be permitted in the facility.

      c.     The hours of operation will be limited to the regular school hours of the associated
             school district.

      d.     The facility must be located either on a major street or within two (2) blocks of
             regular bus service.

      e.     No more than 75 students can be associated with the program.

6.    Live music concert halls, under the following conditions: [amended 8/02]

      a.     The business will operate in such a manner as to comply with the Noise
             Ordinance enacted by the City of Muskegon. No music (either live or piped) will
             be permitted outside the building.

      b.     The business will maintain security staff, both inside and outside the building, at
             all times when open to customers. Loitering will not be permitted on or around
             the site.

      c.     The business will not operate between the hours of 3:00 a.m. and 8:00 a.m. No
             person of 16 years of age or younger will be permitted within the business after
             midnight and must directly exit the premises after that time.

      d.     The site and general vicinity will be maintained and litter-free, and will be
             checked for litter every day before opening.

      e.     Security lighting will be provided for the site.

7.    Multiple family residential uses of various types and densities. Any new multiple family
      construction shall be compatible and/or complementary to the character of the
      surrounding area as determined by the Planning Commission. [amended 12/06]

8.    Private clubs, lodge halls, social and similar organizations, including assembly or rental
      halls.

9.    Galleries and museums.

10.   Antique shops.

11.   Wind Turbine Facilities [amended 10/09].

                                               99
12.    Micro breweries, small wineries and small distilleries with brewing areas larger than
       2,500 square feet [amended 3/12]

13.    Accessory buildings and accessory uses customarily incidental to the above Special Land
       Uses Permitted.

14.    Uses similar to the above Special Land Uses Permitted.

SECTION 1202: PLANNED UNIT DEVELOPMENTS [amended 10/98]

Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the B-3 Central
Business District is to allow mixed land uses, which are compatible to each other, while
prohibiting nonresidential uses which would not be compatible or harmonious with residential
dwellings or other commercial uses. [revised 4/04 to reflect 10/98 changes]

SECTION 1203: AREA AND BULK REQUIREMENTS [amended 4/00]

1.     Minimum lot size: 4,000 sq. feet.

2.     Maximum lot coverage:
            Buildings: 100 %
            Pavement: 25%

3.     Lot width: 30 feet (shall be measured at road frontage unless a cul-de-sac, then measured
       from setback).

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

5.     Height Limit:
              Maximum height: 6 stories or 90 feet
              Minimum height: 2 stories or 35 feet.

              Minimum heights are in the form of an "overlay district" on the following street
              corridors:
                  Western Avenue from Ninth Street to Pine Street.
                  Clay Avenue from Seventh Street to Fourth Street.
                  Pine Street; from Western Ave. to Apple Avenue.

       Height measurement: In the case of a principal building, the vertical distance measured
       from the average finished grade to the highest point of the roof surface where the building
       line abuts the front yard, except as follows: to the deck line of mansard roofs, and the
       average height between eaves and the ridge of gable, hip, and gambrel roofs (see Figure


                                               100
      2-2). If the ground is not entirely level, the grade shall be determined by averaging the
      elevation of the ground for each face of the building (see Figure 2-3).
6.    Front Setbacks: [amended 1/05]
              Minimum:
                      Expressway or Arterial Street: 30 feet
                      Collector or Street: 20 feet
                      Minor Street: 10 feet

             Maximum:
                  Expressway, Arterial Street or Major Street: 50 feet
                  Collector Street: 40 feet
                  Minor Street: 30 feet

      Note: For minimum front setbacks new principal structures on minor streets may align
      with existing principal structures in the immediate area even if the setback is below the
      minimum required.

7.    Rear setback: 10 feet

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

9.    Side setbacks: no requirement

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

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

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

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

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

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

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

11.   All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
      line is employed for a structure or fire access. At least fifty percent of all required front

                                               101
setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
amended 10/02]




                                     102
                 ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS

PREAMBLE

The B-4 General Business District is designed to provide for a wide variety of business activities
including automotive services and goods, and is generally incompatible with the uses in the B-1,
B-2, and B-3 Business Districts. Placement along presently developed major traffic arteries
prevents the conflict of traffic and pedestrian movement since the General Business District is
characterized by a minimum of pedestrian flow. The B-4 General Business Districts have been
located in areas designated on the adopted Land Use Plan.

SECTION 1300: PRINCIPAL USES PERMITTED

In the B-4 General Business District, no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (1) or more of the following specified
uses, unless otherwise providing in this Ordinance:

1.     Veterinarian clinics, without outdoor kennels.

2.     Bus passenger stations.

3.     Stores selling second hand merchandise.

4.     Funeral homes.

5.     Automobile car wash, when completely enclosed in a building.

6.     Auto service stations for the sale of gasoline, oil, and accessories, subject to the
       following:

       a.      The curb for ingress and egress to a service station shall not be permitted at such
               location that will tend to create traffic hazards in the streets immediately adjacent
               thereto. Entrances shall be no less than twenty-five (25) feet from a street
               intersection (measured from the road right-of-way) or from adjacent residential
               districts.

       b.      The minimum lot area shall be ten thousand (10,000) square feet, and so arranged
               that ample space is available for motor vehicles which are required to wait.

       c.      Major automobile repair, engine and body repair, steam cleaning and undercoating
               may be allowed when conducted on the site, and said uses shall be within a
               completely enclosed building. The storage of wrecked automobiles on the site
               shall be obscured from public view. No automobile or vehicle of any kind shall
               be stored in the open for a period exceeding one (1) week.



                                                103
      d.     All rest rooms doors shall be shielded from adjacent streets and residential
             districts.

      e.     Dispensing pumps shall be set back twenty (20) feet from the right-of-way line.

7.    Self service laundry and dry cleaning establishments.

8.    Amusement, entertainment, and recreational, including bowling alleys and skating rinks.

9.    Storage of non-hazardous and non-toxic materials or goods provided such storage is
      within a building or is enclosed as not to be visible to the public from any abutting
      residential district or public street.

10.   Theaters, when completely enclosed.

11.   Banks, with or without drive-in facilities.

12.   Restaurants, cocktails lounges and brewpubs. [amended 3/12]

13.   Micro breweries, small wineries and small distilleries [amended 3/12]

14.   Motels and hotels.

15.   Residential uses as part of a building in this business zone shall be allowed upon issuance
      of a Certificate of Occupancy from the Department of Inspections, but provided that the
      minimum lot area requirements of the RM-3 District are met.

16.   Assembly of small parts provided that there shall be no machining, painting, cutting,
      grinding, or welding of parts.

17.   Business schools, or private schools operated for profit. Examples of private schools
      permitted herein include, but are not limited to, the following: dance schools, music and
      voice schools, and art studios: [amended 5/02]

      a.     Parking is required to be provided on the same site as the building. Shared
             parking will be allowed, if it is irrevocable, and if it will not consume any parking
             needed for a separate use.

18.   Principal Uses as permitted in B-2 Districts.

19.   Accessory buildings and accessory uses customarily incidental to the above Principal
      Uses Permitted.

20.   Uses similar to the above Principal Uses Permitted.




                                               104
SECTION 1301: SPECIAL LAND USES PERMITTED

The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission. A site plan shall not be
required when there is no change to buildings or existing facilities.

1.     Sales space for the sale of new and used automobiles, house trailers, travel trailers, and
       recreational vehicles, subject to the following.

       a.      Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from
               the intersection of any two (2) streets:

       b.      No major repair or major refinishing shall be done on the lot, such use of land
               being only permitted in the I-1 or I-2 Industrial Districts.

2.     Flea markets and auctions.

3.     Business in the character of a drive-in restaurant or open front store, subject to the
       following:

       a.      A setback of at least sixty (60) feet from the street right-of-way line of any
               existing or proposed major thoroughfare shall be maintained.

       b.      Ingress and egress points shall be located at least sixty (60) feet from the
               intersection of any two (2) streets.

4.     Outdoor recreational space for amusement parks, miniature golf courses, and other
       outdoor recreation activities subject to the following: [amended 2/02]

       a.      Amusement parks or amusement facilities must be fenced on all sides with a four
               foot six inch (4'-6") high wall or fence.

5.     Outdoor theaters subject to the following conditions:

       a.      Points of ingress and egress for the outdoor theater shall be on major
               thoroughfares and shall not be accessible from any residential street.

       b.      All vehicles waiting or standing to enter the facility shall be provided off-street
               waiting space. No vehicle shall be permitted to wait or stand within a dedicated
               road right-of way.

6.     Private clubs, lodges, social and similar facilities.

                                                 105
7.   Churches and other facilities normally incidental thereto subject to the following
     conditions:

     a.     The site shall be so located as to provide for ingress and egress from said site
            directly onto a major or secondary thoroughfare.

     b.     The principal buildings on the site shall be set back from abutting properties
            zoned for residential use not less than thirty (30) feet.

     c.     Buildings of greater than the maximum height allowed in Section 2100 may be
            allowed provided front, side, and rear yards are increased above the minimum
            requirements by one (1) foot for each foot of building that exceeds the maximum
            height allowed.

8.   Commercial Kennels [amended 5/96]

9.   Mini Storage (warehouse facilities) [amended 10/98]:

     a.     The parcel shall have direct access to a major thoroughfare.

     b.     One (1) parking space shall be provided for each twenty (20) rental units within
            the buildings, and one (1) parking space shall be provided for each employee on
            site.

     c.     Between warehouses, there shall be a minimum of twenty five (25') feet for
            internal access drives. Traffic direction and parking shall be designated by
            signaling or painting.

     d.     The lot area used for parking and access shall be provided with a permanent,
            durable, dustless surface and shall be graded and drained so as to dispose of all
            surface water.

     e.     All lighting shall conform to lighting standards of this ordinance.

     f.     A ten foot landscaped berm shall be required in the front setback of areas adjacent
            to any residential zone or use.

     g.     Retail, wholesale, fabrication, manufacturing, or service activities may not be
            conducted from the storage units by the lessees.

     h.     Storage of goods shall be limited to personal property with no commercial
            distribution allowed and no operation which requires the regular delivery or pick-
            up of goods in truck in excess of one and one-half (1.5) ton rated capacity shall be
            permitted.


                                             106
       i.     All storage shall be within the enclosed building area. There shall be no outside
              storage or stockpiling.

       j.     No storage of hazardous, toxic, or explosive materials shall be permitted at the
              facility. Signs shall be posted at the facility describing such limitations.

10.    Live music concert halls, under the following conditions: [amended 8/02]

       a.     The business will operate in such a manner as to comply with the Noise
              Ordinance enacted by the City of Muskegon. No music (either live or piped) will
              be permitted outside the building.

       b.     The business will maintain security staff, both inside and outside the building, at
              all times when open to customers. Loitering will not be permitted on or around
              the site.

       c.     The business will not operate between the hours of 3:00 a.m. and 8:00 a.m. No
              person of 16 years of age or younger will be permitted within the business after
              midnight and must directly exit the premises after that time.

       d.     The site and general vicinity will be maintained and litter-free, and will be
              checked for litter every day before opening.

       e.     Security lighting will be provided for the site.

11.    Taxi/Limousine Services [amended 5/04].

12.    Craft Shops [amended 7/08].

13.    Wind Turbine Facilities [amended 10/09].

14.    Accessory uses and accessory buildings customarily incidental to the above Special Land
       Uses Permitted.

15.    Uses similar to the above Special Land Uses Permitted.


SECTION 1302: PLANNED UNIT DEVELOPMENTS [amended 10/98]

Planned Developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the B-4 General
Business Districts is to allow mixed land uses, which are compatible to each other, while
prohibiting nonresidential uses which would not be compatible or harmonious with residential
dwellings or permitted commercial uses.




                                               107
SECTION 1303: AREA AND BULK REQUIREMENTS [amended 4/00]

1.   Minimum lot size: 10,890 sq. feet.

2.   Maximum lot coverage:
          Buildings: 70 %
          Pavement: 25 %

3.   Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
     measured from setback).

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

5.   Height Limit:
            Maximum height: 2 stories or 35 feet
            Minimum height: 2 stories or 35 feet.

            Minimum heights are in the form of an "overlay district" on the following street
            corridors:

            Western Avenue; from Ninth Street to Pine Street.
            Clay Avenue; from Seventh Street to Fourth Street.
            Pine Street; from Western Ave. to Apple Avenue.

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

6.   Front Setbacks: [amended 1/05]
            Minimum:
                   Expressway or Arterial Street: 30 feet
                   Collector or Major Street: 20 feet
                   Minor Street: 10 feet
            Maximum:
                   Expressway, Arterial Street or Major Street: 50 feet
                   Collector Street: 40 feet
                   Minor Street: 30 feet

7.   Rear setback: 10 feet

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

                                             108
9.    Side setbacks:
             1-story: 8 feet and 12 feet
             2-story: 10 feet and 14 feet

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

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

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

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

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

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

      e.     It is not adjacent to wetlands, or waterfront.
11.   All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
      line is employed for a structure or fire access. At least fifty percent of all required front
      setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
      greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
      amended 10/02]




                                               109
                 B-5 CENTRAL GOVERNMENTAL SERVICE DISTRICT

PREAMBLE

The B-5 Central Governmental Services District is designed to provide for a wide variety of uses
associated with county and city governmental services, businesses and residential uses
appropriate for the downtown area. The Central Governmental Service District recognizes the
city's multiple roles as the county seat, employment center, the urban core of a larger
metropolitan area and home of historic, stable neighborhoods.

SECTION 1304. PRINCIPAL USES PERMITTED:

In the B-5 Central Governmental Services District, no building or land shall be used and no
building shall be erected, structurally altered, or occupied except for one (1) or more of the
following specified uses, unless otherwise provided in this Ordinance:

1.     Municipal, county and state administrative offices.

2.     Municipal fire stations.

3.     Sheriff or police department offices and facilities, not including jail or correctional
       facilities.

4.     Community centers.

5.     Retail businesses which supply retail foods, drugs, dry goods, appliances, notions, books,
       newspapers, gifts, furniture, hardware or similar retail businesses, not including "adult" or
       sexually oriented businesses.

6.     Professional and business offices including medical clinics.

7.     Banks, with or without drive-in facilities.

8.     Single family detached dwellings.

9.     An Adult Foster Care Facility for any number of people.

10.    Child care or day care center.

11.    Residential apartments associated with or accessory to a permitted use provided the
       residential use is not on the main floor and constitutes no more than 50% of the total floor
       area of the principal structure.

12.    Expansion of an existing secure correctional facility operated by the Muskegon County
       Sheriff's Department.


                                                110
13.    Restaurants, cocktail lounges and brewpubs. [amended 3/12]

14.    Micro breweries, small wineries and small distilleries. [amended 3/12]

15.    Accessory buildings and accessory uses customarily incidental to the above Principal
       Uses Permitted.

SECTION 1305: PROHIBITED USES

All uses not specifically permitted are prohibited. However, certain uses, which may seem
otherwise compatible with permitted uses or special uses listed in this Article, are deemed by the
city to be particularly unacceptable:

1.     Halfway houses or other unsecured facilities for parolees or persons serving any criminal
       sentence, probation or parole violation, including privately owned and operated facilities,
       or similar facilities which house persons in a building under the jurisdiction of, or (if
       State law does not preempt), operated by, the Michigan Department of Corrections;
       similar unsecured facilities operated by or under the jurisdiction of the Sheriff's
       Department or the Courts.

2.     Any unsecured facilities for the holding or residence of juvenile or youthful offenders
       subject to the Juvenile Division of Probate Court, or the Family Court.

3.     Outdoor storage, warehouses, garages, except for garages which are deemed by the
       zoning administrator or Zoning Board of Appeals to constitute accessory structures to
       permitted or previously approved special uses.

SECTION 1306: SPECIAL LAND USES

The following uses, and their accessory buildings and accessory uses, shall be permitted as
special uses under Section 2332 after review and approval of the use (and a site plan) by the
Planning Commission, after Public Hearing, subject to the applicable conditions imposed by the
Planning Commission.

1.     Correctional facilities provided:

       a.      The facility meets national, state, and local codes and design criteria for
               correctional facilities including, without limitation, construction and security
               requirements.

       b.      The facility is secure, "lock-up," and operated by the County Sheriff's Department
               or City of Muskegon Police Department.

       c.      The facility shall be screened from residential uses, using materials and fencing
               compatible with residential uses and practice.


                                                111
      d.     Lighting, access and security devices shall be located and screened to avoid
             negative effects on, and achieve compatibility with, surrounding and adjacent uses
             and properties.

      e.     Facilities for transportation of prisoners must be located inside the secured areas
             of the building.

2.    Youth homes provided the facility meets the same requirements as a Secured Correctional
      facility approved as a special use in this District.

3.    Transitional Living Centers provided: [amended 12/10]

             a) The center must be associated with a governmental agency or bona fide
                charitable association, such as a 501 (c) organization.
             b) The residents must be provided with information on supplemental services,
                such as re-housing assistance and substance abuse treatment.
             c) Staff must be located on site twenty-four hours a day, seven days a week for
                programs that provide on site overnight sleeping accommodations.
             d) Residents may not be housed for more than six (6) consecutive months.
             e) The center does not conflict with any of the prohibited uses stated in Section
                1305.

4.    Parking Structures.

5.    Multiple family residential uses.

6.    Temporary uses, which shall be applied for and utilized in accordance with reasonable
      special conditions limiting the duration of the use. Such conditions may include, without
      limitation, imposition of the time limit for the use, the requirement of dismantling,
      restoration of improvements to their former configurations, consent to and execution of
      documents giving unconditional rights of entry to the city to carry out eviction,
      dismantling and restoration activities and the requirement of bonding or other security to
      assure the discontinuance and structural changes needed or appropriate in the judgment of
      the Planning Commission to terminate the use. Temporary uses may include, in the sole
      discretion of the Planning Commission, uses which are not permitted uses or special uses
      enumerated in this Ordinance, as well as permitted and special uses in this district. The
      Planning Commission may determine to limit the duration of any special use under
      consideration in accordance with this paragraph.

7.    Wind turbine Facilities [amended 10/09].


SECTION 1307: PLANNED UNIT DEVELOPMENTS [renumbered 10/98]

Planned Unit Developments may be allowed by the Planning Commission and City Commission
pursuant to Section 2101. The intent of Planned Unit Developments in the B-5 Central

                                              112
Governmental Services District is to allow mixed land uses, which are compatible with adjacent
and nearby uses in existence, with a particular concern to protect residential uses and commercial
uses. The following combinations of uses are authorized in Planned Unit Developments.
Distance requirements and provisions of the B-5 District shall be observed:

1.     Permitted and special uses in the B-5 zone and:

2.     Clubs, lodge halls, social and similar organizations including assembly or rental halls.

SECTION 1308: AREA AND BULK REQUIREMENTS [renumbered 10/98, amended 4/00]

1.     Minimum lot size: 10,890 sq. feet.

2.     Maximum lot coverage:
            Buildings: 80%
            Pavement: 25%

3.     Lot width: 40 feet (shall be measured at road frontage unless a cul-de-sac, then measured
       from setback).

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

5.     Height Limit:
              Maximum height: 4 stories or 60 feet.
              Minimum height: 2 stories or 35 feet.

               Minimum heights are in the form of an "overlay district" on the following street
               corridors:

               Western Avenue from Ninth Street to Pine Street.
               Clay Avenue from Seventh Street to Fourth Street.
               Pine Street; from Western Ave. to Apple Avenue.

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

6.     Front Setbacks: [amended 1/05]
              Minimum:
                     Expressway or Arterial Street: 30 feet
                     Collector or Major Street: 20 feet
                     Minor Street: 10 feet

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             Maximum:
                  Expressway, Arterial Street or Major Street: 50 feet
                  Collector Street: 40 feet
                  Minor Street: 30 feet

7.    Rear setback: 10 feet

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

9.    Side setbacks:
             1-story:   8 feet and 12 feet
             2-story:   10 feet and 14 feet
             3-story:   12 feet and 16 feet
             4-story:   16 feet and 20 feet

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

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

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

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

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

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

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

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




                                               114
                  ARTICLE XIV - I-1 LIGHT INDUSTRIAL DISTRICTS

PREAMBLE

The I-1 Light Industrial Districts are designed so as to permit wholesale, warehousing, and
manufacturing facilities whose external, physical effects have a minimum detrimental effect on
the adjacent districts. It is the intent of this article to permit, in addition to specific uses
enumerated, the manufacturing, compounding, processing, packaging, assembly, and/or
treatment of finished or semi-finished products from previously prepared material. The uses
permitted are those which meet a higher standard of restrictions than those imposed in the I-2
Zoning District, and shall be of a type other than those which produce hazardous material as
defined in the Fire Code.

SECTION 1400: PRINCIPAL USES PERMITTED

All principal uses of land and buildings which are erected or structurally altered or occupied shall
be those specified in this article:

1.     The manufacture, compounding, processing of food, and pharmaceuticals.

2.     The manufacture, compounding, or assembly of products from previously prepared
       materials, including but not limited to fabrics, glass, leather, paper, metal, or plastics.

3.     Machine shops and metal finishing shops, including the incidental of casting of metal
       products and alloying of furnace ready non-ferrous metals which are free of paint, oils or
       other organic substances.

4.     Crematories.

5.     Retail uses which have an industrial character in terms of either their outdoor storage
       requirements or activities such as: lumber yards or motor vehicle, boat, or implement
       sales.

6.     Storage yards.

7.     Warehousing of materials not highly hazardous as defined in the Fire Code.

8.     Veterinary clinics and outdoor kennels.

9.     Lumber and planing mills.

10.    Municipal buildings, public service buildings, auto equipment repair shops doing major
       repair.

11.    Microbreweries, breweries, small wineries, wineries, small distilleries and distilleries.
       [amended 3/12]

                                                 115
12.    Accessory buildings and uses customarily incidental to the above Principal Uses
       Permitted.

13.    Uses similar to the above.

SECTION 1401: SPECIAL LAND USES PERMITTED

The following uses, and their accessory buildings and accessory uses, shall be permitted as a
special land use if it is found to meet the standards outlined in Section 2332 of this Ordinance,
subject to the applicable conditions imposed by Ordinance and other reasonable conditions
imposed by the Planning Commission:

1.     Railway or truck freight terminals located more than two hundred (200) feet from any
       residential district.

2.     Freestanding commercial radio, television, and similar transmission towers greater than
       175 feet and their attendant facilities.

3.     Paint manufacturing.

4.     Accessory buildings and accessory uses customarily incidental to any of the above
       Special Land Uses Permitted.

5.     Prisons and other similar correctional facilities.

6.     Adult bookstores, adult indoor and outdoor motion picture theaters, and cabarets.
       Recognizing that because of their nature some uses have objectionable operational
       characteristics, especially when concentrated in small areas and recognizing that such
       uses may have a harmful effect on adjacent areas, special regulation of these uses is
       necessary to insure that these adverse effects will not contribute to the blighting or
       downgrading of the surrounding neighborhood. These special regulations are as follows:

       a.     No such uses may be permitted in the I-1 Districts within one thousand (1,000)
              feet if any residential district measured from the lot line of the location of the
              proposed use.

       b.     The Planning Commission may waive this location provision if the following
              findings are made:

              1)      That the proposed use will not be contrary to the public interest or
                      injurious to nearby properties and that the spirit and intent of this
                      Ordinance will be observed.

              2)      That the character of the area shall be maintained.


                                                116
              3)      That all applicable regulations of this Ordinance will be observed.

              4)      That no other adult bookstore, adult motion picture theater, or cabaret is
                      located within two thousand (2,000) feet of the proposed location.

       c.     Anything herein to the contrary notwithstanding, the Planning Commission shall
              not consider the waiver of the locational requirements as hereinabove set forth
              until a petition shall have been filed with the City Clerk and verified as to
              sufficiency. Such petition shall indicate approval of the proposed regulated use by
              fifty-one (51) percent or more of the persons owning property within a radius of
              one thousand (1,000) feet of the location of the proposed use as measured from
              the lot line. The petitioner, or his agent, shall attempt to contact all eligible
              property owners within this radius and must maintain a list of all addresses at
              which no contact was made.

       d.     The petition hereafter required shall contain an affidavit signed by the party
              circulating such petition attesting to the fact that the petition was circulated by
              him and that the circulator personally witnessed the signatures on the petition and
              that the same were affixed to the petition by the person whose name appeared
              thereon, and that the circulator truly believes that the signers of such petition are
              persons owning property within one thousand (1,000) feet of the premises
              mentioned in said petition. Such petition shall also comply with other rules and
              regulations as may be promulgated by the City Commission.

7.     Wind turbine Facilities [amended 10/09].

8.     Uses similar to the above Special Land Uses Permitted.

SECTION 1402: PLANNED UNIT DEVELOPMENTS [amended 10/98]

Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the I-1 Light Industrial
Districts is to allow mixed land uses, which are compatible to each other, while prohibiting uses
which would not be compatible or harmonious with other uses permitted in the I-1 District.

SECTION 1403: AREA AND BULK REQUIREMENTS [amended 4/00]

1.     Minimum lot size: 21,780 sq. feet.

2.     Maximum lot coverage:
            Buildings: 85 %
            Pavement: 25 %

3.     Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
       measured from setback).


                                               117
4.    Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3)
      times longer its width.

5.    Height limit: 3 stories or 50 feet

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

6.    Front Setbacks: [amended 1/05]
             Minimum:
                    Expressway or Arterial Street: 30 feet
                    Collector or Major Street: 20 feet
                    Minor Street: 10 feet

7.    Rear setback: 10 feet

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

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

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

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

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

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

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

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


                                               118
      e.     It is not adjacent to wetlands, or waterfront.

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

SECTION 1404: BUSINESS CONDUCT LIMITATION

1.    All uses permitted under Section 1400 and 1401 shall be subject to all environmental
      limitations imposed by this Section, other ordinances, statutes and governmental
      regulations.

2.    Casting of metal parts in shops other than foundries shall be limited so that not more than
      twenty-five percent (25%) of the aggregate floor area may be used for the casting process.

3.    Crematories shall be located not less than two hundred (200) feet from a residential
      district.

4.    Storage yards shall be screened from any adjacent street or non-industrial district by an
      obscuring fence. This shall not require that parking lots of motor vehicles, boats, or
      implement sales be screened.

5.    No property line of a lumber or planing mill shall be contiguous to the exterior boundary
      of a Residential District.

6.    Uses permitted in the I-1 District shall be those whose finished products are non-
      hazardous as defined in the Fire Code.

7.    Stamping machines, presses, and shears shall be dampened so as not to produce noises
      and vibrations which conflict with the preamble of this Article.

8.    Animals kept for slaughter shall be only that number which will be processed in one day.




                                              119
                ARTICLE XV - I-2 GENERAL INDUSTRIAL DISTRICTS

PREAMBLE

The I-2 General Industrial Districts are established primarily for manufacturing, assembling, and
fabrication activities including large scale or specialized industrial operations whose external
physical effects may be felt to some degree by surrounding districts. The I-2 District is so
structured as to permit, in addition to I-1 Light Industrial District uses, the manufacturing,
processing and compounding of semi-finished or finished products from raw materials.

SECTION 1500: PRINCIPAL USES PERMITTED

In an I-2 General Industrial District, buildings and land may be used for one (1) or more of the
following specified uses, unless otherwise provided in this Article.

1.     Any Principal Use Permitted in the I-1 District, subject to the requirements of this
       District.

2.     Primary metal industries, including foundries, smelting and refining of metal or alloys,
       rolling and extruding plants.

3.     Chemical plants whose manufacturing process produce products which are not hazardous
       materials as defined in the Fire Code.

4.     Paper and pulp manufacturing.

5.     Power generating plants.

6.     Junk yards and scrap metal processing.

7.     Rubber manufacturing or the remanufacturing of rubber products.

8.     Medical marijuana caregiver facilities to the extent licensed pursuant to City Code
       Sections 34-101 through 34-107 [amended 03/11].

9.     Uses similar to the above principal uses.


SECTION 1501: SPECIAL LAND USES PERMITTED

The following uses, and their accessory buildings and accessory uses, shall be permitted as a
special land use if it is found to meet the standards outlined in Section 2332 of this Ordinance,
subject to applicable conditions imposed by Ordinance or other reasonable conditions imposed
by the Planning Commission:



                                                120
1.    Any use with outside storage of aggregate, sand or other soil, or raw materials used in a
      manufacturing process such as brick, tile manufacturing plants, asphalt and cement batch
      plants.

2.    Gasoline storage facilities.
3.    Bulk storage or the production of acetylene, natural gas, and oxygen or other highly
      explosive or toxic gases. The storage of such gases for use in a production process or of
      an industry, business, or health care facility shall not be considered bulk storage.

4.    Chemical plants whose manufacturing process produce products which are hazardous
      materials as defined in the Fire Code.

5.    Wind turbine Facilities [10/09].

6.    Uses similar to the above Special Land uses.

SECTION 1502: PLANNED UNIT DEVELOPMENTS [amended 10/98]

Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the I-2 General
Industrial District is to allow mixed land uses, which are compatible to each other.

SECTION 1503: AREA AND BULK REQUIREMENTS [amended 4/00]

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

2.    Maximum lot coverage:
           Buildings: 85 %
           Pavement: 25 %

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

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

5.    Height limit: 3 stories or 50 feet

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




                                              121
6.    Front Setbacks: [amended 1/05]
             Minimum:
                    Expressway or Arterial Street: 30 feet
                    Collector or Major Street: 20 feet
                    Minor Street: 10 feet

7.    Rear setback: 10 feet

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

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

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

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

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

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

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

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

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

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




                                               122
      WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT
                            DISTRICTS

PREAMBLE

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

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

SECTION 1504: USES PERMITTED

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

PRINCIPAL USES:

1.     Water transportation of freight.

2.     Railroad and auto passenger ferries.

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

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

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

6.     Grain elevators.

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

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

                                                 123
9.    Barge fleeting, mooring and servicing.

10.   Lighterage.

11.   Commercial engine and hull repair.

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

13.   Marine dredging contractors.

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

15.   Bulk liquid facilities of non-hazardous materials.

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

17.   Commercial fishing facilities.

18.   Manufacturing that is dependent on port facilities.

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

ACCESSORY USES:

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

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

3.    Offices associated with port facilities and functions.

4.    Parking decks.

5.    Watchmen quarters employed on the premise.

6.    Lift equipment to load and unload ships.

7.    Weigh stations.

8.    Lighthouse.


                                               124
9.     Fuel dock.

10.    Seaplane base.

SECTION 1505: PROHIBITED USES

1.     Asphalt batching.

2.     Cement processing.

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

4.     Hazardous material or hazardous chemical storage or transport.

5.     Ship cleaning.

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

7.     Livestock holding.

8.     Marine Salvage.

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

10.    Billboards.

SECTION 1506: REVIEW STANDARDS

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

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

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

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

                                               125
4.     The amount of off-street parking areas is adequate, which the Planning Commission or
       City Commission may modify even though such modifications do not conform to that
       required in other sections of this ordinance.

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

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

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

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

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

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

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

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

SECTION 1507: AREA AND BULK REQUIREMENTS

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

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

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

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


                                               126
4.    Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3)
      times longer its width.

5.    Height limit: 3 stories or 50 feet.

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

6.    Front Setbacks: [amended 1/05]
             Minimum:
                    Expressway or Arterial Street: 30 feet
                    Collector or Major Street: 20 feet
                    Minor Street: 10 feet

7.    Rear setback: 10 feet.

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

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

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

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

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

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

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

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


                                               127
      e.     It is not adjacent to wetlands, or waterfront.

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




                                              128
           ARTICLE XVI - OSC OPEN SPACE CONSERVATION DISTRICTS

PREAMBLE

The OSC Open Space Conservation Districts are intended to provide for permanent open spaces
in the community, and the protection of sand dunes and other natural features, and are designed
to provide undeveloped recreational areas and to safeguard the health, safety, and welfare of the
citizens of Muskegon and adjacent areas by limiting development in locations where police and
fire protection, protection against flooding by high water table or storm water, and dangers from
excessive erosion are not possible without excessive costs to the City.

SECTION 1600: PRINCIPAL USES PERMITTED

In the OSC Open Space Conservation District, no building or land shall be used and no building
shall be erected, structurally altered, or occupied except for one (1) or more of the following
specified uses, unless otherwise provided in this Ordinance.

1.     Fishing docks and piers.

2.     Hiking, bicycling, jogging, or ski trails.

3.     Wildlife preserves or refuge structures.

4.     Watershed or erosion protection facilities.

5.     Uses similar to the above Principal Uses Permitted.

SECTION 1601: SPECIAL LAND USES PERMITTED

The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission:

1.     Public and private utilities and services.

2.     Accessory buildings and accessory uses customarily incidental to the above Special Land
       Uses Permitted.

3.     Uses similar to the above Special Land Uses Permitted.

4.     Parking areas for Principal Uses.




                                                    129
SECTION 1602: PLANNED UNIT DEVELOPMENTS [amended 10/98]

Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the open space
conservation districts to allow mixed land uses permitted in the OSC zone, which are compatible
to each other.

SECTION 1603: AREA AND BULK REQUIREMENTS [amended 4/00]

1.     Minimum lot size: 21,780 sq. feet.

2.     Maximum lot coverage:
            Buildings: 20 %
            Pavement: 15 %

3.     Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
       measured from setback).

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

5.     Height limit: 2 stories or 35 feet.

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

6.     Front Setbacks: [amended 1/05]
              Minimum:
                     Expressway or Arterial Street: 30 feet
                     Collector or Major Street: 20 feet
                     Minor Street: 10 feet

7.     Rear setback: 10 feet

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

9.     Side setbacks:
              1-story: 6 feet and 10 feet
              2-story: 8 feet and 12 feet




                                               130
      Note, setback measurement: All required setbacks shall be measured from the right-of-
      way line to the nearest point of the determined drip line of buildings. [amended 10/02]

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

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

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

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

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

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

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




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            ARTICLE XVII - OSR OPEN SPACE RECREATION DISTRICTS

PREAMBLE

The OSR Open Space Recreation Districts are intended to provide for permanent open spaces in
the City and are designed to provide recreational activities that are limited to country clubs,
marinas, and the like. These Districts are further intended to safeguard the natural features of the
City, and the health, safety, and welfare of the citizens of Muskegon and the adjacent area by
limiting developments to locations where police and fire protection, or protection against
flooding by high water table or storm water, or dangers from excessive erosion are not possible
without excessive costs to the City.

SECTION 1700: PRINCIPAL USES PERMITTED

In the OSR Open Space Recreation Districts, no building or land shall be used and no building
shall be erected, structurally altered, or occupied except for one (1) or more of the following
specified used, unless otherwise provided in this Ordinance:

1.     Fishing docks and piers.

2.     Hiking, bicycling, jogging, or ski trails.

3.     Wildlife preserves or refuge structures.

4.     Watershed or erosion protection facilities.

5.     Parks, playgrounds, and playfields.

6.     Accessory uses customarily incidental to the above Principal Uses Permitted.

7.     Uses similar to the above Principal Uses Permitted.

SECTION 1701: SPECIAL LAND USES PERMITTED

The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission:

1.     Country clubs.

2.     Marinas for the berthing and servicing of boats, but without major repair or storage
       facilities.

3.     Public and private utilities and services.


                                                    132
4.    Seasonal, recreational, campers and trailer parks, and facilities.

5.    Amusement facilities excepting outdoor theaters, adult theaters, and adult bookstores.

6.    Seasonal or year-round craft shops.

7.    Conference and reception auditoriums.

8.    Galleries and museums.

9.    Open air amphitheaters.

10.   Restaurants and cocktail lounges.

11.   Any other similar uses or activity requiring buildings or structures.

12.   Accessory buildings and accessory uses customarily incidental to the above Special Land
      Uses Permitted.

13.   Uses similar to the above Special Land Uses Permitted.

SECTION 1702: PLANNED UNIT DEVELOPMENT [amended 10/98]

Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the OSR Open Space
Recreation Districts is to allow mixed land uses which are compatible to each other, while
prohibiting uses which would not be compatible or harmonious with permitted uses.

SECTION 1703: AREA AND BULK REQUIREMENTS [amended 4/00]

1.    Minimum lot size: 21,780 sq. feet.

2.    Maximum lot coverage:
           Buildings: 20%
           Pavement: 15%

3.    Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
      measured from setback).

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

5.    Height limit: 2 stories or 35 feet.

      Height measurement: In the case of a principal building, the vertical distance measured
      from the average finished grade to the highest point of the roof surface where the building

                                               133
      line abuts the front yard, except as follows: to the deck line of mansard roofs, and the
      average height between eaves and the ridge of gable, hip, and gambrel roofs (see Figure
      2-2). If the ground is not entirely level, the grade shall be determined by averaging the
      elevation of the ground for each face of the building (see Figure 2-3).

6.    Front Setbacks: [amended 1/05]
             Minimum:
                    Expressway or Arterial Street: 30 feet
                    Collector or Major Street: 20 feet
                    Minor Street: 10 feet

7.    Rear setback: 10 feet

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

9.    Side setbacks:
             1-story: 6 feet and 10 feet
             2-story: 8 feet and 12 feet

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

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

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

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

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

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

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

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


                                               134
             ARTICLE XVIII - LR LAKEFRONT RECREATION DISTRICTS

PREAMBLE

The primary intent of the LR Lakefront Recreation District is to provide for areas abutting
Muskegon Lake including Muskegon River and Lake Michigan to be utilized for both public and
private recreational and recreation oriented facilities. It is intended that any commercial facilities
be limited to water related recreation activities.

SECTION 1800: PRINCIPAL USED PERMITTED

In the LR Lakefront Recreation District, no building or land shall be used and no building shall
be erected, structurally altered, or occupied except for one (1) or more of the following specified
uses, unless otherwise provided in this Ordinance.

1.     Marinas for the berthing and servicing of boats, but without major repair or storage
       facilities.

2.     Restaurants and cocktail lounges.

3.     Hotels and motels.

4.     Accessory buildings and accessory uses customarily incidental to the above Principal
       Uses Permitted.

5.     Uses similar to the above Principal Uses Permitted.

SECTION 1801: SPECIAL LAND USES PERMITTED

The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission:

1.     Residential development projects.

2.     Private clubs, lodge halls, social, or recreational uses.

3.     Accessory buildings and accessory uses customarily incidental to the above Special Land
       Use Permitted.

4.     Seasonal, recreational, camper and trailer parks, and facilities.

5.     Uses similar to the above Special Land Uses Permitted.



                                                 135
SECTION 1802: PLANNED UNIT DEVELOPMENTS [amended 10/98]

Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the LR Lakefront
Recreation Districts is to allow mixed land uses, which are compatible to each other, while
prohibiting nonresidential uses which would not be compatible or harmonious with lakefront
recreation activities, or residential dwellings.

SECTION 1803: AREA AND BULK REQUIREMENTS [amended 4/00]

1.    Minimum lot size: 21,780 sq. feet.

2.    Dedicated open space requirement: 15%

3.    Maximum lot coverage:
           Buildings: 60 %
           Pavement: 15 %

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

5.    Maximum building width: 50% (as a portion of the lot width).

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

7.    Height limit: 4 stories or 60 feet.

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

8.    Front Setbacks: [amended 1/05]
             Minimum:
                    Expressway or Arterial Street: 30 feet
                    Collector or Major Street: 20 feet
                    Minor Street: 10 feet

9.    Rear setback: 10 feet

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


                                              136
11.   Side setbacks:
              1-story:   8 feet and 12 feet
              2-story:   10 feet and 14 feet
              3-story:   12 feet and 16 feet
              4-story:   16 feet and 20 feet

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

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

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

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

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

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

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

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




                                               137
               ARTICLE XIX - WM WATERFRONT MARINE DISTRICTS

PREAMBLE

The WM Waterfront Marine Districts are designed to accommodate boating and water oriented
land and building use along with those activities and services related to harbor and waterway
improvements, thereby facilitating navigation, and providing safe and economical waterfront
developments.

SECTION 1900: PRINCIPAL USES PERMITTED

In the WM Waterfront Marine District no building or land shall be used and no building shall be
erected, structurally altered, be used and no building shall be erected, structurally altered, or
occupied except for one (1) or more of the following specified uses, unless otherwise provided in
this Ordinance:

1.     Marinas including the out of water seasonal storage of boats.

2.     Commissary facilities for the provision of food, beverages, and the like to be stores
       aboard boats.

3.     Municipal or private beaches.

4.     Retail businesses which supply commodities for persons using the facilities of the
       District, such as the sale of boats, engines and accessories, fishing equipment, and other
       similar items.

5.     Restaurants and cocktail lounges.

6.     Hotels and motels.

7.     Accessory buildings and accessory uses customarily incidental to the above Principal
       Uses Permitted.

8.     Uses similar to the above Principal Uses Permitted.

SECTION 1901: SPECIAL LAND USES PERMITTED

The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission:

1.     Engine and hull repair shops.

2.     Marine contracting.

                                               138
3.    Commercial fishing and processing facilities.
4.    Accessory buildings and accessory uses customarily incidental to the above Special Land
      Uses Permitted.

5.    Seasonal recreational camper, trailer parks and facilities.

6.    Museums. [amended 9/08]

7.    Uses similar to the above Special Land Uses Permitted.

SECTION 1902: PLANNED UNIT DEVELOPMENTS [amended 10/98]

Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the WM Waterfront
Marine Districts is to allow mixed land uses, which are compatible to each other, while
prohibiting uses which would not be compatible or harmonious with permitted uses.

SECTION 1903: AREA AND BULK REQUIREMENTS [amended 4/00]

1.    Minimum lot size: 21,780 sq. feet.

2.    Density (see definition in Article II): 24 dwelling units per buildable acre.

3.    Dedicated open space requirement: 15%

4.    Maximum lot coverage:
           Buildings: 60%
           Pavement: 25%

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

6.    Maximum building width: 50% (as a portion of the lot width).

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

8.    Height limit: 4 stories or 60 feet

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

                                               139
9.    Front Setbacks: [amended 1/05]
             Minimum:
                    Expressway or Arterial Street: 30 feet
                    Collector or Major Street: 20 feet
                    Minor Street: 10 feet

10.   Rear setback: 10 feet

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

12.   Side setbacks:
              1-story:   8 feet and 12 feet
              2-story:   10 feet and 14 feet
              3-story:   12 feet and 16 feet
              4-story:   16 feet and 20 feet

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

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

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

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

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

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

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

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




                                               140
               ARTICLE XX – FORM BASED CODE (SEE ATTACHMENT)

     ARTICLE XXI - SCHEDULE OF REGULATIONS AND DEVELOPMENT OPTIONS

SECTION 2100

See Table I for district density, setback and lot coverage limits.

SECTION 2101: DEVELOPMENT OPTIONS

1.      Planned Unit Development (PUD) Purpose

        The purpose of this option is to permit flexibility in the regulation of land development;
        encourage innovation in land use and variety in design, layout, and type of structures
        constructed; achieve economy and efficiency in the use of land, natural resources and
        utilities; encourage provision of useful open space; provide adequate housing,
        employment, and shopping opportunities particularly suited to the needs of the residents
        of the City of Muskegon and encourage the use, reuse, and improvement of existing sites
        and buildings when the uniform regulations contained in zoning districts do not provide
        adequate protection and safeguards for the site or surrounding area.

        This option is intended to accommodate developments with mixed or varied uses, to
        allow some degree of flexibility in the application of standards and regulations in this
        Ordinance to achieve innovation to development on sites with unusual topography or
        unique settings within the community, or on land which exhibits difficult or costly
        development problems, and shall not be allowed where this option is sought primarily to
        avoid the imposition of standards and requirements of zoning classifications rather than
        to achieve the stated purposes above.

        a.     Planned Unit Development Regulations, Standards and Requirements

               1)      The entire parcel for which application is made must be under one
                       ownership or the application must be made with the written authorization
                       of all property owners.

               2)      The application shall meet the criteria established in each specified zoning
                       district.

        b.     PUD Review Procedures

               1)      A petition for a PUD approval shall be submitted in accordance with
                       Section 2332 of this ordinance.

               2)      The review shall be in two phases:



                                                 141
           3)     The preliminary phase shall involve a review of a conceptual PUD plan to
                  determine its suitability.

           4)     The final phase shall require a detailed development plan for any part of
                  the approved conceptual PUD plan.
     c.    Standards for Approval of PUD Plans

           The Planning Commission shall approve, deny or modify preliminary PUD plans,
           based upon the following standards. Likewise, the City Commission shall
           approve, deny, or modify final PUD plans (after review and recommendation by
           the Planning Commission) based upon the following standards.

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

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

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

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

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

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

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

2.   Preliminary PUD Plan Submission

     The applicant shall submit together with the application for PUD preliminary phase
     approval:




                                           142
     a.     A general development plan depicting the proposed locations of streets, parking
            areas, open spaces, buildings and structures, and their spatial relationships, the
            relationship to off-site improvements and infrastructure and any unusual
            topographic features.

            1)      Approval by the Planning Commission of the PUD Preliminary Plan shall
                    remain in effect for a period not to exceed three (3) years from the date of
                    approval.

3.   Final PUD Plan Submission

     The applicant shall submit together with the application for PUD final phase approval,
     development plans in sufficient detail and in so far as possible the specific locations and
     dimensions of:

     a.     all streets, sidewalks, public and private utilities, parking areas, truck docks and
            service drives;

     b.     all buildings and structures, elevations and spacial relationships;

     c.     landscaping, buffers, fences, and protective walls;

     d.     open space areas and other significant environmental features;

     e.     existing and final topographic changes;

     f.     identification and directional signage:

     g.     a property survey prepared and certified by a licensed land surveyor;

4.   Amendments to an Approved Final PUD Plan

     a.     Incidental or minor changes may be approved by the Planning Commission if the
            proposed modifications do not alter the basic design or land uses of the plan.

     b.     If the Planning Commission determines that the proposed modifications are
            significant or major, a public notice and public hearing in accordance with Section
            2332 must be conducted prior to approval or denial.

5.   PUD Development Time Limits

     a.     Construction of the improvements shown on the approved final PUD plan with all
            proposed buildings, parking areas, landscaping and infrastructure must commence
            within one year of approval by the City Commission.




                                             143
       b.      Construction must be continued in a reasonable, diligent manner and be
               completed within five (5) years.

       c.      Said five (5) year period may be extended if applied for in writing by the
               petitioner and granted by the City Commission following public notice and public
               hearing in accordance with Section 2332 of this ordinance. Failure to secure an
               extension shall result in a stoppage of all construction.

SECTION 2102: PLANNED UNIT DEVELOPMENT OVERLAY

The intent of Planned Unit Developments (PUD) is to allow for flexibility in the design of
developments, to allow for the preservation of open space; allow for economies in the provision
of utilities and public services; provide recreational opportunities; and protect important natural
features from the adverse impacts of development.

An overlay PUD (flex-zone) is hereby established in the City of Muskegon which encompasses
the following properties:

Bluffton Bay
1.     All of block 715 Revised Plat (1903), City of Muskegon, Muskegon County.

2.     That part of Block 714, Revised Plat (1903), City of Muskegon, Muskegon County,
       Michigan. Described as follows: Commence at the Southwest corner of Block 715 of
       said Revised Plat, for Point of Beginning; thence South 00°43’48” West along the West
       line of said Block 715, extended, 137.80 feet; thence South 41°33’45’ East 514.10 feet to
       the Northwesterly line of Sampson Street, if extended; thence North 48°34’44” East
       along said Northwesterly line 295.35 feet to the East line of said Block 714; thence North
       00°43’48” East along said East line 327.08’ to the Southeast corner of said Block 715;
       thence West along the South line of said Block 715 a distance of 564.96 feet to Point of
       Beginning. Containing 4.76 acres

3.     That part of Lot 12 Block 702 of the Revised Plat of 1903 of City of Muskegon,
       Muskegon County, Michigan, described as follows: Commencing at the North most
       corner of Lot 8 and said Block 702, thence Northwesterly along the Southwesterly line of
       Lake Shore Drive 315.65 feet to the intersection of said Southwesterly line of Lake Shore
       Drive and the Southeasterly line of Lot 10 of said Block 702 extended Northeasterly to
       said Southwesterly line of Lake Shore Drive, thence Southwesterly along said
       Southeasterly line of said Lot 10 extended a distance of 145.00 feet to the South most
       corner of said Lot 10 for Point of Beginning, thence continue Southwesterly on the
       extension of said Southeasterly line of Lot 10 a distance of 157.50 feet, thence
       Southeasterly parallel to said Southwesterly line of Lake Shore Drive 146.00 feet, thence
       Southwesterly parallel to the Northwesterly line of Lot 8 of said flock 162.44 feet, thence
       Southerly parallel to the West line of said Block 380 feet more or less to a point on the
       Northwesterly line of Lot 6 of said Block, thence Southwesterly along the Northwesterly
       line of said Lot 6 a distance of 35 feet more of less to the West most corner of said Lot 6,
       thence Southeasterly along the Southwesterly line of said Lot 6 a distance of 133.50 feet

                                               144
       to the Northwesterly line of Sampson Street, thence Southwesterly along the
       Northwesterly line of Sampson Street 315.3 feet to the Southwesterly corner of said
       Block 702, thence Recommence at Point of Beginning, thence Northwesterly along the
       Southwesterly line of said Lot 10 extended Northwesterly 100.00 feet, thence westerly
       70.50 feet to the Southeast corner of Lot 11 of said Block, thence Westerly along
       Southwesterly line of said Lot 11 extended Westerly 192.70 feet to the West line of said
       Block 702, thence Southerly along said West line 1196.5 feet to the Southwest corner of
       said Block 702.

Wildwood Creek
1.    Property generally North of Ruddiman Creek, East of Barclay, directly South of the
      Moose Lodge; all of parcel 61-30-36-400-004 and approximately the North half of parcel
      61-30-36-400-021.




                                             145
TABLE I: HEIGHTS, AREAS, AND YARDS

PREAMBLE

The following district bulk, height, setback, coverage, mass, density and open space regulations
are hereby established for each district in the City of Muskegon to:

1.     Promote consolidated, symbiotic relationships among structures and functions;
       particularly in business districts whereby a use or uses benefit from the presence of other
       use(s) in close proximity to it.

2.     Minimize detrimental relationships among incompatible land uses.

3.     Cluster development for the efficient provision of services.

4.     Prevent congestion of development, people and vehicles.

5.     Prevent the inappropriate crowding of land.

6.     Promote shared facilities (such as drives and parking) to conserve land.

7.     Provide open space for users of private and public facilities.

8.     Promote development that provides for pedestrian activity and maintains pedestrian
       safety.

9.     Provide continuity in development.

10.    Promote commercial development that maintains a critical mass of activity so that it stays
       economically viable.

11.    Prevent environmental degradation that effects public health.

12.    Prevent the squanderous use of land and suburban sprawl.

13.    Provide for safe and efficient circulation in sites and among sites; landscaping, buffering
       and interrelated community design that helps foster symbiotic relationships.




                                                146
                                                                              TABLE I: HEIGHTS, AREAS, AND YARDS
                                                                                                                                                                                                                           WI-
   Zoning District                R-1         RT       RM-1       RM-2        RM-3          B-1       B-2         B-3         B-4        B-5         I-1        I-2          OSC        OSR         LR         WM
                                                                                                                                                                                                                           PUD
   Minimum (sq. ft.)             6,000       8,712     10,890     14,520      21,780       4,000     10,890       4,000     10,890     10,890      21,780     43,560        21,780     21,780     21,780      21,780      43,560
   Density (dwelling unit
                                   7          10         16          24          48         ----       ----        ----       ----       ----        ----       ----          ----       ----       ----         24         ----
   per buildable acre)
   Dedicated Common
                                  ----        ----      15%        15%         15%          ----       ----        ----       ----       ----        ----       ----          ----       ----      15%         15%          ----
   open space required
     Buildings:                   50%        50%        60%        70%         70%         50%        70%         100%       70%        80%         85%        85%           20%        20%        60%         60%          75%
     Pavement:                    10%        10%        20%        20%         20%         25%        25%         25%        25%        25%         25%        25%           15%        15%        15%         25%          25%
   Lot Width                     50 ft.      75 ft.    100 ft.    125 ft.     150 ft.      40 ft.    100 ft.      30 ft.    100 ft.     40 ft.     100 ft.    150 ft.       100 ft.    100 ft.    150 ft.     150 ft.     150 ft.
   Maximum building
                                  ----        ----      50%        50%         50%          ----       ----        ----       ----       ----        ----       ----          ----       ----      50%         50%          ----
   width
   Width to depth ratio           1:3         1:3        1:3        1:3         1:3         1:3        1:3         1:3        1:3        1:3         1:3        1:3           1:3        1:3        1:3         1:3         1:3
                                                                                                        2           2          2           2
                                                                                                     stories     stories    stories    stories
     Minimum:                     ----        ----       ----       ----        ----        ----                                                     ----       ----          ----       ----       ----        ----        ----
                                                                                                      or 35       or 35      or 35      or 35
                                                                                                       ft.         ft.        ft.         ft.
                                2 stories      2          3          4           5           2          2           6          2           4          3          3             2          2          4           4
                                                                                                                                                                                                                          3 stories
     Maximum:                    (35 ft.)   stories    stories    stories     stories     stories    stories     stories    stories    stories     stories    stories       stories    stories    stories     stories
                                                                                                                                                                                                                           (50 ft.)
                                   @        (35 ft.)   (50 ft.)   (60 ft.)    (80 ft.)    (35 ft.)   (35 ft.)    (90 ft.)   (35 ft.)   (60 ft.)    (50 ft.)   (50 ft.)      (35 ft.)   (35 ft.)   (60 ft.)    (60 ft.)
   Front:
                                 30 ft.      30 ft.     30 ft.     30 ft.      30 ft.      30 ft.     30 ft.      30 ft.     30 ft.     30 ft.      30 ft.     30 ft.       30 ft.      30 ft.     30 ft.      30 ft.      30 ft.
   Expressway & Arterial
   Front: Major/ Collector       25 ft.      25 ft.     25 ft.     25 ft.      25 ft.      20 ft.     20 ft.      20 ft.     20 ft.     20 ft.      20 ft.     20 ft.       20 ft.      20 ft.     20 ft.      20 ft.      20 ft.
     Front: Minor*****           15 ft.      15 ft.     20 ft.     20 ft.      20 ft.      10 ft.     10 ft.      10 ft.     10 ft.     10 ft.      10 ft.     10 ft.       10 ft.      10 ft.     10 ft.      10 ft.      10 ft.
     Rear:*                      30 ft.      30 ft.     30 ft.     30 ft.      30 ft.      10 ft.     10 ft.      10 ft.     10 ft.     10 ft.      10 ft.     10 ft.       10 ft.      10 ft.     10 ft.      10 ft.      10 ft.
     From ordinary high
     Water mark or               30 ft.      40 ft.     50 ft.     50 ft.      75 ft.      75 ft.     75 ft.      75 ft.     75 ft.     75 ft.      75 ft.     75 ft.       75 ft.      75 ft.     75 ft.      75 ft.      75 ft.
     Wetland****
     Side:*
        1-story (least/total)   6/16 ft.    8/20 ft.   8/20 ft.   8/20 ft.    8/20 ft.    8/20 ft.   8/20 ft.      ----     8/20 ft.   8/20 ft.    10/20 ft   10/20 ft      6/16 ft    6//16 ft   8/20 ft.    8/20 ft.    10/20 ft
                                                                                                      10/24
        2-story (least/total)   8/20 ft.    10/24 ft   10/24 ft   10/24 ft    10/24 ft    10/24 ft                 ----     10/24 ft   10/24 ft    15/25 ft   15/25 ft      8/12 ft    8/20 ft    10/14ft.    10/14ft.    15/25 ft
                                                                                                        ft
        3-story (least/total)     ----        ----     12/28 ft   12/28 ft    12/28 ft      ----       ----        ----       ----     12/28 ft    20/30 ft   20/30 ft        ----       ----     12/28 ft    12/28 ft    20/30 ft

                                                                   16/36       16/36                                                    16/36                                                      16/36       16/36
        4 or more stories                                            +4          +4                                                       +4                                                         +4          +4
                                  ----        ----       ----                               ----       ----        ----       ----                   ----       ----          ----       ----                               ----
        (least/total)                                             ft./story   ft./story                                                ft./story                                                  ft./story   ft./story
                                                                   over 4      over 4                                                   over 4                                                     over 4      over 4
     Front: Expressway
                                  ----        ----       ----       ----        ----       50 ft.     50 ft.      50 ft.     50 ft.     50 ft.       ----       ----          ----       ----       ----        ----        ----
   Arterial and Major
     Front: Collector             ----        ----       ----       ----        ----       40 ft.     40 ft.      40 ft.     40 ft.     40 ft.       ----       ----          ----       ----       ----        ----        ----
     Front: Minor                 ----        ----       ----       ----        ----       30 ft.     30 ft.      30 ft.     30 ft.     30 ft.       ----       ----          ----       ----       ----        ----        ----
***************See table preamble and notes**************          @ special accommodation for Historic Districts-see Table Notes                   ---- = Not applicable




                                                                                                                -147-
TABLE NOTES

1.    One acre = 43,560 sq. ft. (for reference, this is not quite a 210’ x 210’ piece of property).
      One-half acre = 21,780 sq. ft.
      One-third acre = 14,520 sq. ft.
      One-quarter acre = 10,890 sq. ft.
      One-fifth of an acre = 8,712 sq. ft.

2.    *See also zero lot line option and methods of determining setbacks in district regulations
      for each district.

3.    ** Public parks are exempt from minimum lot requirements.

4.    *** Minimum heights are in the form of an "overlay district" on the following street
      corridors only:

      Western Avenue; from Ninth Street to Pine Street.
      Clay Avenue; from Seventh Street to Fourth Street.
      Pine Street; from Western Avenue to Apple Avenue.

5.    **** Waterfront setbacks pertain to principal structures only.

6.    ***** Minimum front setbacks for new principal structures in the R-1, RT, and B-3,
      zones, fronting on minor streets, may align with existing principal structures in the
      immediate area, even if the front setback is below the minimum required.

7.    Setback Measurement: All required setbacks shall be measured from the right-of-way
      line to the nearest point of the determined drip line of buildings. [amended 10/02]

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

9.    ******Setbacks are subject to landscaping requirements.

10.   @ Homes in established Historic Districts may be up to 3 stories or 45 feet in height.




                                              -149-
       ARTICLE XXII – NONCONFORMING LOTS, USES, AND STRUCTURES



SECTION 2200: INTENT

Upon the adoption of this Ordinance or future amendments, there may exist lots, structures, and
uses of land and structures which were lawful prior to the adoption of the Zoning Ordinance, or
amendment to the Ordinance, but which are not in conformance with the provisions of this
Ordinance, or any amendments. It is the intent of this Ordinance to permit these nonconforming
lots, structures and uses to continue until they are removed, but not to encourage their survival.
Because nonconforming lots, structures and uses, so long as they exist, prevent the full
achievement of the goals and objectives of the City of Muskegon Master Plan, the spirit of this
Ordinance is to reduce, rather than increase, any nonconformance.

SECTION 2201: NONCONFORMING LOTS

When an existing nonconforming lot does not adjoin any other lot or lots under common
ownership or if the nonconforming lot fails to meet the requirements for minimum lot area,
minimum width, or both, of the zoning district in which it is located, such lot may be used for the
permitted uses of the zoning district under the following conditions:

1.     It must meet the definition of “Lot of Record” listed in the definitions of this Ordinance.

2.     In any zoning district, where two or more adjoining nonconforming lots are under
       common ownership, these lots shall be combined and considered as one lot for the
       purposes of this ordinance.

3.     The nonconforming lot must still meet setback requirements of its zoning district and is
       subject to certain limitations provided by other provisions of this Ordinance.

SECTION 2202: NONCONFORMING USES OF LAND

Where, at the effective date of adoption or amendment of this Ordinance, lawful use of land
exists that is made unlawful under the terms of this Ordinance as enacted or amended, such use
may be continued, so long as it remains otherwise lawful, subject to the following provisions:

1.     Special land uses and use variances permitted by this ordinance shall not be deemed
       nonconforming uses.

2.     Changes of tenancy, ownership or management of any existing nonconforming uses of
       land may be made, provided that there is no change in the nature or character of the
       nonconforming use.

3.     No such nonconforming use shall be enlarged, increased, or extended to occupy a greater
       area of land than was occupied at the effective date of adoption or amendment of this

                                              -150-
       Ordinance, except when authorized by the Planning Commission, after Public Hearing as
       required for Special Uses, and upon reaching a determination that the proposed
       enlargement, increase, or greater area:

       a.      Does not have a substantial detrimental effect on the use and enjoyment of
               adjacent uses or lots.
       b.      Complies with all parking, sign, or other applicable regulations applicable to
               accessory uses for the area affected by the proposed enlargement, increase, or
               greater area.
       c.      Complies with any reasonable conditions imposed by the Planning Commission
               that are necessary to ensure that the proposed enlargement, increase, or greater
               area will not prove detrimental to adjacent properties, the neighborhood, or the
               community.
       d.      It is not larger than twenty five percent (25%) of the original nonconforming area.

4.     No such nonconforming use shall be moved in whole or in part to any other portion of the
       lot or parcel occupied by such use at the effective date of adoption or amendment of this
       Ordinance.

5.     A nonconforming use of land which has ceased for a period exceeding twenty-four (24)
       months or has been changed to a conforming use may not again be devoted to a
       nonconforming use. A nonconforming use shall be determined to be abandoned if one (1)
       or more of the following conditions exists, and which shall be deemed to constitute an
       intent on the part of the property owner to abandon the nonconforming use;

       a.      Utilities, such as water, gas, and electricity to the property, have been
               discontinued.
       b.      The property, buildings and grounds have fallen into disrepair.
       c.      Signs or other indications of the existence of the nonconforming use have been
               removed.
       d.      Removal of equipment or fixtures which are necessary for the operation of the
               nonconforming use.
       e.      Other actions, which in the opinion of the Zoning Administrator, constitute an act
               or omission on the part of the property owner or lessee constituting an intent to
               abandon the nonconforming use.

6.     When such nonconforming use is made more conforming than the use which previously
       existed, it may continue even though it does not totally conform to all provisions of this
       Ordinance.

SECTION 2203: NONCONFORMING STRUCTURES

Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance
that could not be built under the terms of this Ordinance by reason of restrictions on area lot
coverage, height, yards, parking or other characteristics of the structure or its location on the lot,


                                                -151-
such structure may be continued so along as it remains otherwise lawful, subject to the following
provisions:

1.     No such structure may be enlarged or altered in a way which increases its nonconformity,
       except when authorized by the Planning Commission, after Public Hearing as required for
       Special Uses. The Planning Commission shall be authorized to determine the amount of
       enlargement of any building or structure, consistent with the intent of this article. The
       nonconforming structure may be changed to an extent not exceeding thirty percent (30%)
       of the total floor area of the existing building at the time of enactment of the Ordinance
       from which this chapter is derived, or at the time of its amendment making a structure
       nonconforming.

2.     No nonconforming building or structure shall be moved in whole or part to any other
       location unless such building or structure and the off-street parking spaces, yard and other
       open spaces provided, are made to conform to all the regulations of the district in which
       such building or structure is to be located.

3.     Changes of tenancy, ownership or management of any existing nonconforming structures
       may be made, provided that there is no change in the nature or character of the
       nonconforming structure.

4.     Repair and maintenance work may be performed as required to keep a nonconforming
       building or structure in a sound condition.

5.     In the event any nonconforming building or structure is damaged by fire, wind, civil
       disobedience, or an Act Of God or the public enemy, it may be rebuilt or restored,
       provided the cost of such structural alteration or structural repairs shall not exceed
       seventy-five (75) percent of it’s replacement cost. The buildings or structures shall be
       built in conformance with the requirement of the zoning district in which they are located.

6.     Once any nonconforming structure is removed from the property, its nonconforming
       status has expired and it may not be replaced on the property.

SECTION 2204: [RESERVED]


SECTION 2205: POWER OF CONDEMNATION

The City may acquire by purchase, by condemnation, or otherwise private property or an interest
in private property for the removal of nonconforming uses and structures, except that the property
shall not be used for pubic housing. The City Commission may provide that the cost and
expense of acquiring private property be paid from general funds, or the cost and expense, or a
portion thereof, be assessed as a Special Assessment District. The elimination of nonconforming
uses and structures in a zoned district is declared to be for a public purpose and for a public use.




                                               -152-
The City Commission may institute and prosecute proceedings for the condemnation of
nonconforming uses and structures under the power of eminent domain in accordance with the
provisions of the City Charter relative to condemnation or in accordance with Act No. 87 of the
Pubic Acts of 1980, being Section 213.51 et seq. of the Michigan Compiled Laws, or any other
applicable statute.




                                            -153-
                        ARTICLE XXIII - GENERAL PROVISIONS

SECTION 2300: INTENT AND PURPOSE

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

SECTION 2301: EFFECT OF ZONING

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.

SECTION 2302: LAND DISTURBANCES

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.

       a.      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

                                              -154-
               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.

       b.      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.

3.     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.

SECTION 2303: PLOT PLAN REQUIRED

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.
                                               -155-
SECTION 2304: ONE BUILDING TO A LOT

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.

SECTION 2305: REDUCTION OF PARCELS BELOW MINIMUM REQUIRED SIZE,
WIDTH, OR DEPTH

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.

SECTION 2306: ALLOCATION OF LOT AREAS & CONFIGURATION OF LOTS

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]

       a.      A corner lot shall have the required front setback measured from both the
               principal and secondary front lot lines.

       b.      The remaining setbacks shall be a rear and a side setback. The rear setback shall
               be measured from the rear lot line.

       c.      The driveway of the principal building on a corner lot shall be located on the
               secondary front lot line.

       d.      The width of a corner lot shall be determined by the length of the principal front
               lot line.

3.     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.

4.     Frontage required: All parcels shall have the required minimum lot width along and
       adjacent to a public road or approved private road.
                                               -156-
SECTION 2307: PERMITTED YARD ENCROACHMENTS

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.     Patios, porches and decks: Patios and uncovered decks no more than two feet above
       grade may be built to the rear or side property line where an established fence line exists.
        If no established fence line exists, patios and uncovered decks no more than two feet
       above grade must be a minimum of three (3) feet from rear and side property lines. All
       decks or porches more than two feet above grade, must comply with the setback
       requirements of the principal structure. [amended 7/03]

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:

       a.      A minimum 10 foot front setback is maintained

       b.      A minimum 15 foot rear setback is maintained

       c.      Lot coverage, with accessory structures does not exceed 50% [amended 8/00]

       d.      The addition does not further encroach upon existing side yards

SECTION 2308: OUTDOOR SEATING [amended 3/97, amended 4/00, amended 3/07]

Outdoor seating for restaurants, cocktail lounges, and similar uses is permitted, provided:




                                              -157-
               1.     The area devoted to outdoor seating must be ancillary to the main use of
                      an indoor restaurant, cocktail lounge, bakery, coffee shop, delicatessen,
                      specialty food store, or similar establishment.
               2.     Pedestrian circulation and access to the building entrance shall not be
                      impaired. A minimum of six (6) feet of sidewalk along the curb and
                      leading to the entrance to the establishment must be maintained free of
                      tables, chairs, and other encumbrances.
               3.     The seating area shall be limited to the same property directly adjacent to
                      the permitted use to which the seating area is accessory and shall not
                      extend into adjoining sites. If adjoining sites both have a seating area,
                      there shall be a divider between them.
               4.      Tables, chairs, umbrellas, canopies, planters, waste receptacles, and other
                      elements of street furniture shall be compatible with the architectural
                      character of the principal building.
               5.     Outdoor amplification shall be prohibited except only to play music in
                      compliance with Code of Ordinances, City of Muskegon, Part II, Chapter
                      26, Article II, Noise, Division I, Generally, Sec. 2634, (a & b) “Playing of
                      radios, musical instruments, etc.”
               6.     The area devoted to outdoor service shall not encroach upon or extend
                      over any public alley or right-of-way without an encroachment agreement
                      with the City of Muskegon.
               7.     A site plan shall be submitted which clearly depicts the seating area and
                      location and style of tables and chairs, reflecting ample aisles for
                      pedestrian traffic, and dividers, if needed.
               8.     The outdoor seating area shall not obstruct visibility of on-coming
                      pedestrians or vehicular traffic, and must adhere to clear visions standards
                      of the Zoning Ordinance.
               9.     The sale of alcoholic beverages is subject to the rules and regulations of
                      the State of Michigan Liquor Control Commission. An outdoor service
                      permit may be required as part of the site plan approval.
               10.    All outdoor furnishings shall be completely removed from sidewalk areas
                      December 1 through March 1 of each year.
               11.    The area devoted to such outdoor dining area shall be maintained in a
                      safe, clean, and sanitary manner.
               12.    Roof seating shall comply with the building code, and not contain
                      signage.


SECTION 2309: HEIGHT REGULATIONS

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.
                                             -158-
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.


SECTION 2310: CRITICAL DUNES

     1. Purpose. In keeping with the findings of the Michigan legislature and the authority granted to
        local government in Public Act 451 of 1994, as amended, the City of Muskegon hereby
        declares that:
            a. The critical dune areas within the City of Muskegon are a unique, irreplaceable, and
                fragile resource that provide significant recreational, economic, scientific, geological,
                scenic, botanical, educational, agricultural, and ecological benefits to the people of
                this community, to the state, and to the people from other states and countries who
                visit this resource.
            b. The purpose of this ordinance is to balance for present and future generations the
                benefits of protecting, preserving, restoring, and enhancing the diversity, quality,
                functions, and values of the state's critical dunes with the benefits of economic
                development and multiple human uses of the critical dunes and the benefits of public
                access to and enjoyment of the critical dunes. To accomplish this purpose, this
                ordinance is intended to do all of the following:
                    • Ensure and enhance the diversity, quality, functions, and values of the critical
                         dunes in a manner that is compatible with private property rights.
                    • Ensure sound management of all critical dunes by allowing for compatible
                         economic development and multiple human uses of the critical dunes.
                    • Coordinate and streamline governmental decision-making affecting critical
                         dunes through the use of the most comprehensive, accurate, and reliable
                         information and scientific data available.
            c. The benefits derived from alteration, industrial, residential, commercial, agricultural,
                sylvicultural, and the recreational use of critical dune areas shall occur only when the
                protection of the environment and the ecology of the critical dune areas for the benefit
                of the present and future generations is assured.
            d. The following regulations embodied in this Dune Overlay Zone are adopted as the
                minimum measures necessary to achieve these ends.


     2. Definitions – As used in this section,
           a. "Contour change" includes any grading, filling, digging, or excavating that
                significantly alters the physical characteristic of a critical dune area, except that which
                is involved in sand dune mining.
           b. "Crest" means the line at which the first lakeward facing slope of a critical dune ridge
                breaks to a slope of less than 1-foot vertical rise in a 5-1/2-foot horizontal plane for a


                                                  -159-
            distance of at least 20 feet, if the areal extent where this break occurs is greater than
            1/10 acre in size.
       c.   "Critical dune area" means a geographic area designated in the "Atlas of Critical
            Dune Areas" dated February 1989 that was prepared by the Michigan Department of
            Natural Resources and any other locally designated sand dune areas included on the
            City of Muskegon Zoning Map.
       d.   "Driveway" means a privately owned, constructed, and maintained vehicular access
            from a road or easement serving the property to the principal building or accessory
            buildings, that is paved, graveled, or otherwise improved for vehicular access, 16 feet
            wide or narrower in the sole discretion of the applicant or owner, and may include, in
            the sole discretion of the applicant or owner, a shared driveway.
       e.   "Foredune" means one or more low linear dune ridges that are parallel and adjacent to
            the shoreline of a Great Lake and are rarely greater than 20 feet in height. The
            lakeward face of a foredune is often gently sloping and may be vegetated with dune
            grasses and low shrub vegetation or may have an exposed sand face.
       f.   "Permit" means a permit for a use within a critical dune area.
       g.   "Restabilization" means restoration of the natural contours of a critical dune to the
            extent practicable, the restoration of the protective vegetative cover of a critical dune
            through the establishment of indigenous vegetation, and the placement of snow
            fencing or other temporary sand trapping measures for the purpose of preventing
            erosion, drifting, and slumping of sand.
       h.   “Sand dune mining” means the removal of sand from sand dine areas for commercial
            or industrial purposes.
       i.   "Special use project" means any of the following:
                • A proposed use in a critical dune area for an industrial or commercial purpose
                    regardless of the size of the site.
                • A multifamily use of more than 3 acres.
                • A multifamily use of 3 acres or less if the density of use is greater than 4
                    individual residences per acre.
                • A proposed use in a critical dune area, regardless of size of the use, that the
                    planning commission determines would damage or destroy features of
                    archaeological or historical significance.
       j.   "Use" means a developmental, sylvicultural, or recreational activity done or caused to
            be done by a person that significantly alters the physical characteristic of a critical
            dune area or a contour change done or caused to be done by a person. Use does not
            include sand dune mining.


3. Area Affected. The provisions of the Dune Overlay Zone apply to all lands so depicted on
   the City of Muskegon Zoning Map which is a part of this ordinance. These lands include the
   entire critical dune area as designated by the Michigan Department of Natural Resources
   pursuant to Public Act 451 of 1994, and to such other lands as locally designated and
   depicted thereon. Locally designated sand dunes together with dunes designated under Public
   Act 451 shall be known as critical dune areas for the purpose of this ordinance. Lands that are
   within 250 feet of a critical dune area, that are determined by the Planning Commission to be
   essential to the hydrology, ecology, topography, or integrity of a critical dune area shall also

                                             -160-
   receive all the protection afforded to critical dunes in the Overlay Zone, even if not so
   depicted on the City of Muskegon Zoning Map.

4. Nonconforming Building and Lots After the effective date of the adoption of this Section:
      a. No subdivision or condominium development shall occur within the Dune Overlay
         Zone except in compliance with the minimum standards of this ordinance and after
         review and approval of a site plan and other documents as required herein.
      b. No structure shall be constructed, reconstructed, altered, or relocated except in strict
         compliance with the requirements of this ordinance.
      c. No use which is in existence as of the effective date of this Article shall be expanded,
         except in strict compliance with the minimum standards of this Ordinance.
      d. No existing nonconforming building or structure shall be altered except provided in
         Article XXII, Section 2203.

5. Application Requirements. All applications for permits for the use of a critical dune area
   shall include in writing showing evidence:
       a. That Muskegon County, which administers Part 91 Soil Erosion and Sedimentation
            Control, of Public Act 451 of 1994, as amended, finds that the project is in
            compliance with the act and any applicable soil erosion and sedimentation control
            ordinance that is in effect in Muskegon County.
       b. That a proposed sewage treatment or disposal system on the site has been approved
            by the county health department, if applicable.
       c. Assuring that the cutting and removing of trees and other vegetation will be
            performed according to the forestry management guidelines for Michigan prepared by
            the Society of American Foresters in 1987, as revised in 2010, and will include
            instructions or plans to provide mitigation for the removal of trees or vegetation by
            providing assurances that the applicant will plant on the site more trees and other
            vegetation on the site than were removed by the proposed use.
       d. Except as otherwise provided in this subsection, a site plan that contains data required
            by this Section and Article XXIII, Section 2330, concerning the physical
            development of the site and extent of disruption of the site by the proposed
            development.
       e. The Zoning Administrator shall not require an environmental site assessment or
            environmental impact statement as part of a permit application for a use in a critical
            dune overlay zone except for a “Special Use” project.
       f. The Zoning Administrator will require that the applicant supply a contour map of the
            site with 1-foot contour intervals at or near any proposed structure or roadway for any
            new construction.
       g. The payment of any required fees for processing and/or professional review of the
            submitted site plan.

6. Environmental Assessment. When an environmental assessment is required under a “Special
   Use” project, it shall include the following information concerning the site of the proposed
   use:
       a. The name and address of the applicant.
       b. A description of the application’s proprietary interest in the site.

                                            -161-
       c. The name, address, and professional qualification of the person preparing the
          environmental assessment and his/her opinion as to whether the proposed
          development of the site is consistent with protecting features of environmental
          sensitivity and archaeological or historical significance that may be located on the
          site.
       d. The description and purpose of the proposed use.
       e. The location of existing utilities and drainage ways.
       f. The general location and approximate dimensions of proposed structures.
       g. Major proposed change of land forms such as new lakes, terracing or excavating.
       h. Sketches showing the scale, character, and relationship of structures, streets or
          driveways, and open space.
       i. Approximate location and type of proposed drainage, water, and sewage facilities.
       j. Legal description of property.
       k. A physical description of the site, including its dominant characteristics, its vegetative
          character, its present use, and other relevant information.
       l. A natural hazards review consisting of a list of natural hazards such as periodic
          flooding, poor soil bearing conditions, and any other hazards peculiar to the site.
       m. An erosion review showing how erosion control will be achieved, and illustrating
          plans or programs that may be required by any existing soil erosion and
          sedimentation ordinance.

7. Environmental Impact Statement. When an environmental assessment is required, it shall
   include the following information concerning the site of the proposed use:
       a. The name and address of the applicant.
       b. A description of the applicant's proprietary interest in the site of the proposed use.
       c. The name, address, and professional qualifications of the proposed professional
           design team members, including the designation of the person responsible for the
           preparation of the environmental impact statement.
       d. The description and purpose of the proposed use.
       e. Six copies and one reproducible transparency of a schematic use plan of the proposed
           use showing the general location of the proposed use and major existing physical and
           natural features on the site, including, but not limited to, watercourses, rock
           outcropping, wetlands, and wooded areas.
       f. The location of the existing utilities and drainage ways.
       g. The location and notation of public streets, parks, and railroad and utility rights-of-
           way within or adjacent to the proposed use.
       h. The general location and dimensions of proposed streets, driveways, sidewalks,
           pedestrian ways, trails, off-street parking, and loading areas.
       i. The general location and approximate dimensions of proposed structures.
       j. Major proposed change of land forms such as new lakes, terracing, or excavating.
       k. Approximate existing and proposed contours and drainage patterns, showing at least
           five-foot contour intervals.
       l. Sketches showing the scale, character, and relationship of structures, streets, or
           driveways, and open space.
       m. Approximate location and type of proposed drainage, water and sewage treatment
           and disposal facilities.
       n. A legal description of the property.
                                              -162-
       o. An aerial photo and contour map showing the development site in relation to the
          surrounding area.
       p. A description of the physical site, including its dominant characteristics, its vegetative
          character, its present use, and other relevant information.
       q. A soil review giving a short descriptive summary of the soil types found on the site
          and whether the soil permits the use of septic tanks or requires central sewer. The
          review may be based on the "United Soil Classification System" as adopted by the
          United States Government Corps of Engineers and Bureau of Reclamation, dated
          January 1952, or the natural cooperative soil survey classification system, and the
          standards for the development prospects that have been offered for each portion of
          the site.
       r. A natural hazards review consisting of a list of natural hazards such as periodic
          flooding, poor soil bearing conditions, and any other hazards peculiar to the site.
       s. A substrata review including a descriptive summary of the various geologic bedrock
          formations underlying the site, including the identification of known aquifers, the
          approximate depths of the aquifers and, if being tapped for use, the principal uses to
          be made of these waters, including irrigation, domestic water supply, and industrial
          usage.
       t. An erosion review showing how erosion control will be achieved, and illustrating
          plans or programs that may be required by any existing soil erosion and
          sedimentation ordinance.
       u. At a minimum, plans for compliance with all of the following standards shall be
          required for construction and post-construction periods:
              • Surface drainage designs and structures are erosion proof through control of
                    the direction, volume, and velocities of drainage patterns. These patterns shall
                    promote natural vegetation growth that are included in the design in order that
                    drainage waters may be impeded in their flow and percolation encouraged.
              • The design shall include trash collection devices when handling street and
                    parking drainage to contain solid waste and trash.
              • Watercourse designs, control volumes, and velocities of water to prevent
                    bottom and bank erosion. In particular, changes of direction shall guard
                    against undercutting of banks.
              • If vegetation has been removed or has not been able to occur on surface areas
                    such as infill zones, it shall be the duty of the developer to stabilize and
                    control the impacted surface areas to prevent wind erosion and the blowing of
                    surface material through the planting of grasses, and windbreaks and other
                    similar barriers.

8. Driveways. The construction, improvement, and maintenance of a driveway shall be
   permitted for any dwelling or other permanent building allowed in a critical dune area,
   including a dwelling or other permanent building approved under this ordinance or a lawful
   nonconforming use, subject only to applicable permit requirements under Sections 35312
   through 35325 of Part 353 of Public Act 451 of 1999, as amended, and the following:
       a. A driveway shall be permitted either to the principal building or, in the sole discretion
           of the applicant, to an accessory building, under the provisions of this ordinance.
           Additional driveways, if any, shall meet the applicable requirements for any other use
           under this ordinance. The development of a plan for a driveway should include
                                           -163-
           consideration of the use of retaining walls, bridges, or similar measures, if feasible, to
           minimize the impact of the driveway, parking, and turnaround areas, and the
           consideration of alternative locations on the same lot of record
        b. Driveways on slopes steeper than a 1-foot vertical rise in a 4-foot horizontal plane,
           but not steeper than a 1-foot rise in a 3-foot horizontal plane, shall be in accordance
           with a site plan submitted with the permit application and prepared for the site by a
           registered professional architect or licensed professional engineer. The site plan shall
           include:
                    •       Storm water drainage that provides for disposal of storm water
                        without serious erosion,
                    •       Methods for controlling erosion from wind and water, and
                    •       Restabilization, by design elements including vegetation, cut-and-fill,
                        bridges, traverses, and such other elements as are required in the
                        judgment of the architect or engineer to meet these requirements.
        c. Driveways on slopes steeper than a 1-foot vertical rise in a 3-foot horizontal plane
           shall be in accordance with a site plan submitted with the permit application and
           prepared for the site by a licensed professional engineer. The site plan shall include:
                • Storm water drainage that provides for disposal of storm water without
                    serious erosion,
                • Methods for controlling erosion from wind and water, and
                • Restabilization, by design elements including vegetation, cut-and-fill, bridges,
                    traverses, and such other elements as are required in the judgment of the
                    engineer to meet these requirements. The engineer shall certify under seal that
                    the driveway is not likely to increase erosion or decrease stability.
        d. Temporary construction access for all construction, including new construction,
           renovation, repairs, rebuilding, or replacement, and repair, improvement, or
           replacement of septic tanks and systems, shall be allowed for any use allowed in a
           critical dune area for which a driveway is not already installed by the owner, subject
           only to the requirements that the temporary access shall not involve a contour change
           or vegetation removal that increases erosion or decreases stability except as can be
           restabilized upon completion of the construction. The temporary access shall be
           maintained in stable condition, and restabilization shall be commenced promptly
           upon completion of the construction.

9. Utilities. A use needed to maintain, repair, or replace existing utility lines, pipelines, or other
   utility facilities within a critical dune area that were in existence on July 5, 1989, or were
   constructed in accordance with a permit under this section or under Part 353 of the Natural
   Resources and Environmental Protection Act, being Act 451 of the Public Acts of 1994, as
   amended, is exempt for purposes for which the permit was issued from the operation of this
   section if the maintenance, repair, or replacement is completed in compliance with all of the
   following:
        a. Vehicles shall not be driven on slopes greater than 1-foot vertical rise in a 3-foot
            horizontal plane.
        b. All disturbed areas shall be immediately stabilized and revegetated with native
            vegetation following completion of work to prevent erosion.


                                             -164-
        c. Any removal of woody vegetation shall be done in a manner to assure that any
           adverse effect on the dune will be minimized and will not significantly after the
           physical characteristics or stability of the dune.
        d. To accomplish replacement of a utility pole, the new pole shall be placed adjacent to
           the existing pole, and the existing pole shall be removed by cutting at ground level.
        e. In the case of repair of underground utility wires, the repair shall be limited to the
           minimal excavation necessary to replace the wires by plowing, small trench
           excavation, or directional boring. Replacement of wires on slopes steeper than 1-foot
           vertical rise in a 4-foot horizontal plane shall be limited to installation by plowing or
           directional boring only.
        f. In the cases of repair or replacement of underground pipelines, directional boring
           shall be utilized, and if excavation is necessary to access and bore the pipeline the
           excavation area shall be located on slopes 1-foot vertical rise in a 4-foot horizontal
           plane or less.

10. Accessibility. Notwithstanding any other provision of this section, at the request of the
   applicant, the construction, improvement and maintenance of accessibility measures shall be
   permitted for any dwelling or other permanent building allowed in a critical dune area,
   including a dwelling or other permanent building approved under this section or a lawful
   nonconforming use, subject only to applicable permit requirements of this section and the
   following:
           a.       Accessibility measures on slopes steeper than 1-foot vertical rise in a 4-foot
                horizontal plane, but not steeper than a 1-foot vertical rise in a 3-foot horizontal
                plane, shall be in accordance with a site plan submitted with the permit
                application and prepared for the site by a registered professional architect or
                licensed professional engineer. The site plan shall include:
                    •       Storm water drainage that provides for disposal of storm water
                        without serious erosion,
                    •       Methods for controlling erosion from wind and water, and
                    •       Restablization, by design elements including vegetation, cut-and-fill,
                        bridges, traverses, and such other elements as are required in the
                        judgement of the architect or engineer to meet these requirements.
           b.       Accessibility measures on slopes steeper than a 1-foot vertical rise in a 3-foot
               horizontal plane shall be in accordance with a site plan submitted with the permit
               application and prepared for the site by a licensed professional engineer. The site
               plan shall include:
                    •       Storm water drainage that provides for disposal of storm water
                        without serious erosion,
                    •       Methods for controlling erosion from wind and water, and
                    •       Restablization, by design elements including vegetation, cut-and-fill,
                        bridges, traverses, and such other elements as are required in the
                        judgement of the architect or engineer to meet these requirements. The
                        engineer shall certify under seal that the accessibility measures are not
                        likely to increase erosion or decrease stability.

    The choice of components for an accessible route under American national standards institute
    standard 402.2 shall be at the option of the applicant.
                                              -165-
11. Prohibited Uses. The following uses are not permitted in a critical dune area:
            a.     The disposal of sewage on-site unless the standards of applicable sanitary
               codes are met or exceeded.
            b.     A use that does not comply with the minimum setback requirements required
               by rules that are promulgated under part 323 of Public Act 451 of 1994.
            c.     A surface drilling operation that is utilized for the purpose of exploring for or
               producing hydrocarbons or natural brine or for the disposal of the waste or by-
               products of the operation, except those that are lawfully in existence at a site on
               July 5, 1989 may be continued. The continuance, completion, restoration,
               reconstruction, extension, or substitution of those existing uses shall be permitted
               upon reasonable terms prescribed by the Planning Commission.
            d.     Production facilities regulated under parts 615 and 625 of Act 451 of 1994,
               except those that are lawfully in existence at a site on July 5, 1989 may be
               continued. The continuance, completion, restoration, reconstruction, extension, or
               substitution of those existing uses shall be permitted upon reasonable terms
               prescribed by the Planning Commission.

12. Non-Permitted Uses, Unless a Variance is Granted. Unless a variance is granted, the
   following uses are not permitted in a critical dune area:
           a.      A structure and access to the structure on a slope within a critical dune area
              that has a slope that measures from a 1-foot vertical rise in a 4-foot horizontal
              plane to less than a 1-foot vertical rise in a 3-foot horizontal plane, unless the
              structure and access to the structure are in accordance with a site plan prepared
              for the site by a registered professional architect or a licensed professional
              engineer and the site plan provides for the disposal of storm waters without
              serious soil erosion and without sedimentation of any stream or other body of
              water.
           b.      A use on a slope within a critical dune area that has a slope steeper than a 1-
              foot vertical rise in a 3-foot horizontal plane.
           c.      A use involving a contour change if the Zoning Administrator determines that
              it is more likely than not to increase erosion or decrease stability.
           d.      Sylvicultural practices, as described in the "Forest Management Guidelines
              for Michigan", prepared by the Society of American Foresters as revised in 2010,
              if the City of Muskegon determines that they are more likely than not to increase
              erosion or decrease stability.
           e.      A use that involves a vegetation removal if the Zoning Administrator
              determines that it is more likely than not to increase erosion or decrease stability.

13. Site Plan Review. When reviewing a site plan submitted, along with all the application
    information required, the Zoning Administrator shall:
            a.     Ensure that the requirements of the zoning ordinance have been met and the
               plan is consistent with existing laws.
            b.     Determine whether the advice or assistance of Muskegon County will be
               helpful in reviewing a site plan, and if so, to so seek it.


                                            -166-
            c.      Recommend alterations of a proposed development to minimize adverse
               effects anticipated if the development is approved and to ensure compliance with
               all applicable state and local requirements.
            d.      Determine that the proposed use will ensure and enhance the diversity,
               quality, function and values of the critical dune in a manner that is compatible
               with private property rights; allows for compatible economic development and
               multiple human uses of the critical dune, using the most competent, accurate and
               reliable information and scientific data available.

14. Use Standards. Any lot or parcel which in whole or part which falls within the Dune Overlay
    Zone and/or within 250 feet outside the Dune Overlay Zone that is determined by the
    Planning Commission to be essential to the hydrology, ecology, topography, or integrity of a
    critical dune area shall not be used except upon receipt of a permit from the Zoning
    Administrator. No zoning permit shall be issued for the use of land within this zone or within
    250 feet outside the zone that is determined by the Planning Commission to be essential to
    the hydrology, ecology, topography, or integrity of a critical dune area until a site plan
    meeting the requirements of this Section and those of Article XXIII, Section 2330, have been
    met. If requested, the Planning Commission will make the final determination as to whether
    or not these standards have been met and shall exercise its lawful discretion in all cases in
    favor of protection of the critical dune area.

15. Prohibition of Construction Without Permit. No grading or clearing of a site shall be done
    prior to issuance of a zoning permit as required in this Ordinance.

16. Special Use Project Review Procedures. A proposed special use project shall be reviewed
    and a recommendation for approval, approval with conditions, or denial is made by the
    Planning Commission pursuant to the special use procedures of this ordinance shall be
    completed.

17. Department of Environmental Quality Review. Prior to issuing a permit allowing a special
    use project within a critical dune area, the Planning Commission shall submit the special use
    project application and site plan and their proposed decision to the Department of
    Environmental Quality, Land and Water Management Division following the procedures of
    this ordinance.

18. Nonconforming Uses. The lawful use of land or a structure, as existing and lawful within a
    critical dune area in the time of the adoption of this overlay zone, may be continued although
    the use of that land or structure does not conform to the provisions of this overlay zone. The
    continuance, completion, restoration, reconstruction, extension or substitution of existing
    nonconforming uses of land or a structure may continue consistent with the nonconforming
    use requirements of this Ordinance. See Article XXII, Section2202.

19. Rebuilding of Lawful Structures. A structure or use located in a critical dune area that is
    destroyed by fire, other than arson for which the owner is found to be responsible, or an act of
    nature, except for erosion, may be rebuilt or replaced if the structure or use was lawful at the
    time it was constructed or commenced; and a replacement structure and its use may differ

                                             -167-
    from that which was destroyed if it does not exceed in size or scope that which was
    destroyed.

20. Variance. The Zoning Board of Appeals may grant a variance from the requirements of this
    overlay zone if an unreasonable hardship will occur to the owner of the property if the
    variance is not granted. The procedural requirements of Article XXIII (Site Plan Review)
    and Article XXV (Zoning Board of Appeals) shall be adhered to. A variance shall be subject
    to the following limitations:
             a.      The Zoning Board of Appeals may issue variances under Article XXV of the
                zoning ordinance if a practical difficulty will occur to the owner of the property if
                the variance is not granted. In determining whether a practical difficulty will
                occur if a variance is not granted, primary consideration shall be given to assuring
                that human health and safety are protected by the determination and that the
                determination complies with applicable local zoning, other state laws, and federal
                law. If a practical difficulty will occur to the owner of the property if the variance
                is not granted, a variance shall be granted under this Section unless the Zoning
                Board of Appeals determines that the use will significantly damage the public
                interest on the privately owned land, or, if the land is publicly owned, the public
                interest in the publicly owned land, by significant and unreasonable depletion or
                degradation of any of the following:
                         • The diversity of the critical dune areas within the local unit of
                             government.
                         • The quality of the critical dune areas within the local unit of
                             government.
                         • The functions of the critical dune areas within the local unit of
                             government.
             b.      The decision of the Zoning Board of Appeals shall be in writing and shall be
                based upon evidence that would meet the standards in Section 75 of the
                Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.275. A decision
                denying a variance shall document, and any review upholding the decision shall
                determine, all of the following:
                         • That the City of Muskegon has met the burden of proof under
                             subsections 1A through 1C.
                         • That the decision is based upon sufficient facts or data.
                         • That the decision is the product of reliable scientific principles and
                             methods.
                         • That the decision has applied the principles and methods reliably to
                             the facts.
                         • That the facts or data upon which the decision is based are recorded
                             in the file.
             c.      The City of Muskegon shall not require an environmental site assessment or
                environmental impact statement for a variance except for a special use project.
             d.      A variance shall not be granted from a setback requirement provided for
                 under Section 35034 pursuant to Part 353 of the Public Act 451 of 1994 unless
                 the property for which the variance is requested is one of the following:


                                             -168-
                          •        A nonconforming lot of record that is recorded prior to July 5, 1989,
                              and that becomes nonconforming due to the operation of Part 353.
                          •        A lot legally created after July 5, 1989 that later becomes
                              nonconforming due to natural shoreline erosion.
                          •        Property on which the base of the first landward critical dune of at
                              least 20 feet in height that is not a foredune is located at least 500 feet
                              inland from the first foredune crest or line of vegetation on the property.
                              However, the setback shall be a minimum of 200 feet measured from the
                              foredune crest or line of vegetation.
     21. Penalties. In addition to the penalty provisions of this Ordinance, the provisions of Public
         Act 451 of 1994 shall apply in the event of any violation. Pursuant to the Public Act, a court
         may impose on a person who violates any provision of this Dune Overlay Zone, or a
         provision of a permit issued hereunder, a civil fine of not more than $5,000 for each day of
         violation, or order a violator to pay the full cost of the full cost of restabilization of a critical
         dune area or other natural resource that is damaged or destroyed as a result of a violation, or
         both. If a person is ordered by the Zoning Administrator to restore a critical dune that has
         been degraded by that person, the Zoning Administrator shall establish a procedure by which
         the restoration of the critical dune area is monitored to assure that the restoration is completed
         in a satisfactory manner.

     22. Applicable Law. Incorporated by reference herein is Part 353, Michigan Natural Resources
         and Environmental Protection Act, PA 451 of 1994, as amended.

     23. Severability. If any section, clause, or provision of this Ordinance be declared
         unconstitutional or otherwise invalid by a court of competent jurisdiction, said declaration
         shall not affect the remainder of the Ordinance. The City Commission hereby declares that it
         would have passed this Ordinance and each part, section, subsection, phrase, sentence and
         clause irrespective of the fact that any one or more parts, sections, subsections, phrases,
         sentences or clauses be declared invalid. However, if any provision of the Ordinance is
         declared invalid, the City must seek written confirmation from the DEQ that the Ordinance
         still complies with Part 353, Michigan Natural Resources and Environmental Protection Act,
         PA 451 of 1994, as amended.

SECTION 2311: ACCESSORY STRUCTURES & BUILDINGS

Accessory buildings shall require a development permit or when required by building codes, a
building permit, except as otherwise permitted in this Ordinance, and 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, except for corner lots, which may be placed in the front yard
         on the secondary front street (street that does not contain the main entrance to the home).

                                                    -169-
      Parking lots are prohibited in any residential front yard. Security stations within an “I”
      District may be erected in any yard. [amended 6/18]

2.    Height restrictions: Buildings accessory to residential buildings shall not be more than
      one (1) story or fourteen (14) feet in height.

3.    Detached: Detached accessory buildings shall:

      a.     Be at least six (6) feet from any principal building

      b.     Be at least three (3) feet from any side or rear lot line.

      c.     Not be located within a dedicated easement or right-of-way.

      d.     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. [amended 8/01]

5.    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.

6.    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 the outermost edge of the dish.

7.    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.

8.    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.

9.    Solid Fuel Heating Appliances: Due to the nuisance smoke and concerns regarding the
      public safety and welfare of residents living in relatively close proximity to one another,
      outdoor solid fuel heating appliances are prohibited in all zoning districts in the City of
      Muskegon. [amended 1/06]

10.   Wind Turbines: Wind turbines as accessory structures are allowed in Industrial and
      Business zones, after review and approval of the site plan by the Planning Commission
      with the following conditions:

                                              -170-
a.   Minimum parcel size shall be two (2) acres.
b.   For safety reasons, one of the following is required of any tower capable of being
     climbed:
     i.       A six (6) foot locked, protective fence around the perimeter of the base of
              the wind turbine.
     ii.      A climbing apparatus no closer than 12 feet from the ground.
c.   Wind turbine set backs from the property line shall be at least equal to one and
     one half times the vertical height measured from the ground to the tallest point of
     the structure, including the highest elevation of the wind turbine rotor.
d.   Height limit of any free-standing wind turbine shall be 65 feet. Such total height
     shall include both support structure and the highest elevation of the wind turbine
     rotor. Height limits on top of a building shall be allowed according to Section
     2309, Height Regulations.
e.   Wind turbines shall be located away from overhead utility lines, including
     service drops, and if the structure should fail, must fall at least (five) 5 feet away
     from any overhead utility lines.
f.   Wind turbines may not be located in the front yard in Business zoning districts.
g.   Wind turbines shall be permitted to be located on the site prior to the principal
     structure only if accessory to the rest of the development or part of a wind turbine
     facility.
h.   Wind turbines shall meet the requirement of Article II, Section 26 of the City of
     Muskegon Code of Ordinances (noise ordinance).
i.   The owner shall make all reasonable efforts to minimize shadow flicker to any
     occupied building on the property or any adjacent property.
j.   An abandoned wind turbine must be removed from the site by the property owner
     within 12 months. It shall be considered abandoned from the last date that it was
     providing electricity for the grid or development. If removal of the wind turbines
     and related facilities are not completed within 30 days from the date of
     notification by the Zoning Administrator, the City of Muskegon may proceed to
     remove the wind turbine and related facilities, in which case the salvaged
     material becomes the property of the City and all costs of removing the wind
     turbine and related facilities will remain the burden of the property owner and
     added to owner’s tax bill as a lien on the property.
k.   No signage shall be allowed, except for one sign not exceeding two (2) square
     feet posted at the base of the tower, containing the following information:
     i.       “Warning high voltage”
     ii.      Manufacturer’s name.
     iii.     Operator’s name.
     iv.      Emergency phone number.
     v.       Emergency shut down procedures.
l.   Wind turbines shall require a building permit and must comply with all
     requirements of the Building Inspections Department.
m.   Wind turbines shall be designed so as to have the least impact on the aesthetics
     of surrounding properties and sight lines. They shall be either monopole or
     monolithic tube construction and a non-obtrusive color, such as white, off-white
     or gray.
n.   In the case of multiple wind turbines on the site, Section 2327
                                     -171-
        , #4 through #8 shall apply and review and approval of the site plan must be granted by
                the Planning Commission. [amended 10/09]

SECTION 2312: UTILITY AND PUBLIC SERVICE BUILDINGS

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.

SECTION 2313: COMMUNITY GARDENS, PRIVATE GARDENS, AND URBAN
COMMERCIAL FARMS [amended 4/15]

1.      Definitions. For purposes of this ordinance, the following terms shall have the meanings
        given to them in this section as follows:

     A. Commercial Farming means the sale of any amount, without any minimum threshold, of
        an agricultural product cultivated on an Urban Commercial Farm or Community Garden.
     B. Community Garden means a vacant parcel of land or vacant portion of a parcel of land
        that is divided into plots for cultivation of fruits and vegetables, plants, flowers or herbs
        by more than one individual and/or group. The land may or may not be owned by a
        participating member of the community garden group.
     C. Cold Frame means transparent-roofed enclosure, built low to the ground, used to protect
        plants from adverse weather. The transparent top admits sunlight and prevents heat
        escape via convection that would otherwise occur, particularly at night. Essentially, a
        cold frame functions as a miniature greenhouse to extend the growing season.
     D. Compost means relatively stable decomposed organic matter for use in agricultural and
        other growing practices, usually consisting of materials such as grass, leaves, yard waste,
        worms, and also including raw and uncooked kitchen food wastes, but specifically
        excluding bones, meat, fat grease, oil, raw manure and milk products.
     E. Farm Animals means all animals traditionally found or used on an operating farm,
        including but not limited to, horses, sheep, goats, cows, chickens, donkeys, turkeys and
        alpaca.
     F. Farm Coordinator means an Urban Commercial Farm or Community Garden’s
        designated liaison to the city.
     G. Farm Equipment and Tools means those pieces of machinery and tools used to prepare
        the soil, cultivate produce, fertilize, harvest, etc., including but not limited to, tractors,
        rototillers, rakes, shovels, hoes, fertilizer, pesticide and herbicide spreaders and sprayers,
        etc.




                                                -172-
     H. Greenhouse means a building or structure whose roof and sides are made largely of glass
        or other transparent or translucent material and in which the temperature and humidity
        can be regulated for the cultivation of plants.
     I. Hoop house means an unheated structure whose roof and sides are made largely of
        transparent or translucent material (not glass) for the purpose of the cultivation of plants
        inside.
     J. Orchard means the establishment, care, harvesting of a group of more than ten (10) fruit
        or nut bearing trees.
     K. Private Garden means an accessory or principal use where the owner or tenant grows and
        harvests food crops and/or non-food crops for personal use by the owner or tenant of the
        land.
     L. Rainwater Catchment System means a method of catching rainwater runoff from the roof
        of a structure into rain gutters that channel into a rain barrel, drum or cistern.
     M. Urban Commercial Farm means land used for the cultivation of fruits and vegetables,
        plants, flowers or herbs for sale or profit. It is an accessory use on a residential or
        commercial property requiring a special use permit and business license.
2.      Agricultural Uses

     The agricultural uses of Community Gardens, Private Gardens and Urban Commercial
     Farms are limited to the cultivation of herbs, fruits, flowers, or vegetables, including the
     cultivation and tillage of soil and the production, cultivation, growing and harvesting of any
     agricultural, floricultural, or horticultural produce. Farm animals, including livestock, are
     prohibited.

     The agricultural uses of Community Gardens, Private Gardens and Urban Commercial
     Farms shall not be detrimental to the physical environment or to the public health and
     general welfare by reason of excessive production of noise, smoke, fumes, vibrations, odors,
     chemical or biological pollutants.

3.      Property Maintenance

     A. Property used for Community Gardens, Private Gardens and Urban Commercial Farms
        shall be maintained in an orderly and neat condition, free of high grass (with the
        exception of purposely cultivated native species, which shall be allowed), noxious
        weeds, or debris. Dead garden plants shall be removed regularly, and in any instance, no
        later than November 30th of each year.

     B. Plants from cultivated areas shall be prevented from encroaching onto adjacent
        properties or onto the public right-of-way.

     C. Seeds and harvested crops on site shall be stored so as not to attract animals.

                                                -173-
     D. Compost must be maintained and stored to avoid any odor reaching neighboring
        property.

     E. Fencing is permitted, but requires a development permit from the city, and must comply
        with existing fencing rules and regulations.

4.        Applicable Laws

     Community Gardens, Private Gardens and Urban Commercial Farms shall comply with all
     applicable local, state and federal regulations.

5.        Site Plan Requirements

     A Site Plan is required for all Urban Commercial Farms and Community Gardens.

     The Farm Coordinator shall submit a site plan to the Zoning Administrator for approval
     prior to beginning a Community Garden or Urban Commercial Farm. The site plan must
     include the following:

     A. The name of the Farm Coordinator.
     B. The project address.
     C. The project name (if any).
     D. The legal owner of the parcel(s). If the Community Garden or Urban Commercial Farm
        is a tenant, include the length of the current lease.
     E. Gross site area of parcel(s) to be used, including dimensions.
     F. Location of the following: principal and accessory structures, crop areas, fencing and
        walls, ingress and egress, loading areas, compost piles, trash containers and dumpsters,
        signage, restroom facilities (if any), and all bodies of water and wetlands adjacent to or
        in the immediate vicinity of the parcel(s).
     G. A narrative description generally describing the following, as applicable:
          i.     The types, methods of application, storage of proposed pesticides, herbicides,
              fertilizers, and any other chemicals that will be used.
         ii.     The type of machinery and equipment proposed and description of the noise,
              vibration, smoke, odor, dust, dirt that may be a nuisance to surrounding properties.
        iii.     Evaluation of existing soil conditions and plans to mitigate soil issues, as
              necessary.

6.        Community Gardens and Urban Commercial Farms

     Community Gardens are intended to bring citizens together to work collaboratively in
     growing food for their personal use or donation, or sales to generate income for garden
     activities that benefit the community; to promote education with regard to agriculture,
     provide a positive communal environment for children and adults living nearby and an
     opportunity for volunteer work among participants. Community Gardens are not intended to
                                               -174-
be for-profit commercial farming operations. Urban Commercial Farms, on the other hand,
are intended to be for-profit commercial farming operations, operated by an individual or a
single group.

Community Gardens are a principal use permitted in B-1, Limited Business; B-5,
Governmental Business; MC, Medical Care; and all Residential (R-1, RT, RM-1, RM-2,
RM-3) zoning districts.

Urban Commercial Farms are a Special Land Use permitted in B-1, Limited Business; B-5,
Governmental Business; MC, Medical Care; and all Residential (R-1, RT, RM-1, RM-2,
RM-3) zoning districts.

Community Gardens and Urban Commercial Farms are permitted in their respective Zoning
Districts subject to the following conditions:

A. Each Community Garden and Urban Commercial Farm shall have a Farm Coordinator
   designated as its liaison to the City. The Coordinator’s name and contact information
   shall be given to the Zoning Administrator.

B. No on-site sales shall be permitted, unless the produce is grown on a site where sales of
   produce are already permitted under the zoning laws, such as a grocery store or
   restaurant.

C. The Community Garden or Urban Commercial Farm must be designed and maintained
   so that water, chemicals, dirt, mud or fertilizer will not drain into the streets, alleys or
   adjacent properties. Any use of pesticides or fertilizers must comply with applicable
   state or federal regulations.

D. Setback Requirements must be met:

       a. Buildings and accessory structures must comply with the setback, height and size
          requirements of the zoning district in which the garden or farm is located.

       b. Rain barrel systems, crop areas, and planting beds must be set back at least five
          (5) feet from all property lines. This may be reduced to three (3) feet within the
          presence of a fence.

       c. Orchards and all crops reaching a height of five (5) feet at maturity shall be set
          back at least fifteen (15) feet from all property lines. The side and back setbacks
          may be reduced to five (5) feet within the presence of a fence.

       d. The required setback areas must be covered with ground plants, which may
          include native or ornamental grasses and low ornamental plantings. Mulch may
          also be used as an appropriate ground covering except in the first five (5) feet of
          the front setback.

                                           -175-
            e. Compost areas or waste bins must be less than sixteen (16) square feet in size
               and must be set back at least ten (10) feet from all property lines and at least
               twenty (20) feet from the nearest principal residential structure.

     E. On-site amenities like picnic tables, garden art, benches, and bike racks are permitted as
        long as they meet setbacks requirements, do not obstruct the clear vision at drives or
        intersections, and do not create a nuisance for neighboring properties.

     F. Community Gardens on vacant parcels may erect a hoop house or greenhouse as a
        primary structure.

     G. No water or irrigation wells may be installed unless by a state-licensed well-drilling
        firm, and with approval and necessary permit from the city and county. All groundwater
        wells located on city property must be removed by the responsible group, at their
        expense, when the garden is no longer in use.

     H. Oats, wheat and rye may be used as a winter cover crop, but not grown to full maturity in
        any season.

     I. Trash receptacles shall be located to the rear of the property unless the Department of
        Public Works determines that another location creates less impact on the adjacent
        properties.

     J. Lighting, if provided, shall be shielded so that all directly emitted light falls within the
        property.

     K. Farm equipment, tools, supplies, and machinery shall be stored in an enclosed structure
        or removed from the property daily. All chemicals and fuels shall be stored off of the
        ground, in an enclosed, locked structure when the site is unattended.
     L. Tractors and other diesel generated motorized vehicles within a residential zoning
        district shall be restricted to hours beginning at 8:00a.m. and ending at 8:00p.m

     M. Temporary restroom facilities are permitted only during the growing season from April
        15th through October 15th. The facilities shall be screened on at least three (3) sides
        from public view by fencing, structures or plantings of sufficient height.

7.      Business License for Commercial Farming

     All Urban Commercial Farms and those Community Gardens wishing to engage in
     Commercial Farming through the sale of any agricultural products must first obtain a
     business license through the City. Community Gardens that do not engage in Commercial
     Farming are not required to obtain a business license.




                                                 -176-
8.           Private Gardens

          A. Private Gardens are permitted uses in all zoning districts.

          B. Commercial Farming, i.e., the sale of any agricultural products yielded, from a Private
             Garden is prohibited.

          C. No Site Plan is required for a Private Garden.

          D. The requirements outlined above in Section 6 for Urban Commercial Farms and
             Community Gardens do not apply to Private Gardens.


     SECTION 2314: [RESERVED] [amended 4/00]

     SECTION 2315: [RESERVED] [amended 3/97, amended 4/00]

     SECTION 2316: STORAGE OF VEHICLES

     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.

     SECTION 2317: EXTERIOR SWIMMING POOLS & HOT TUBS

     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.

                                                    -177-
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]

3.     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.

4.     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.

SECTION 2318: [RESERVED] [amended 8/02]

SECTION 2319: [RESIDENTIAL DESIGN CRITERIA] [amended 7/98, amended 4/00,
amended 8/01, amended 4/02, amended 3/05,amended 8/06, amended 3/07]

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 a minimum pitch of 5/12, that
       is, for every twelve inches (12”) of lateral run, the roof shall rise five inches (5”). In the
       case of additions or alterations to principal structures when a 5/12 pitch is not practical,
       the roof pitch may be allowed to correspond with that of the principal structure.

                                               -178-
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 gambrel 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:

      a.     Twenty-four (24) feet; or

      b.     The average width of the homes on the same street within six hundred (600) feet
             in either direction.

7.    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.

8.    Any single-story, residential structure shall not be more than two (2) times longer than
      its width (exclusive of an attached garage).

9.    Garage doors may not comprise more than fifty percent (50%) of the front face of the
      structure.

10.   Newly constructed homes must be at the average setback of existing homes within 600
      feet.

11.   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.

12.   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.

13.   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.

14.   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.

15.   The dwelling unit shall be connected to a public sewer and water supply when available,
                                            -179-
      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.

16.   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.

17.   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.

18.   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.

19.   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.

20.   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.

21.   All construction required herein shall be commenced only after a building permit has
      been obtained in accordance with the Building Code.

22.   Each dwelling unit shall have an approved established vegetative ground cover, native to
      the immediate area within 600 feet, no less than 12 months after occupancy. Approval
      shall be given by zoning staff of the Planning Department as part of the initial residential
      site plan review. 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.

23.   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
                                             -180-
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 gambrel 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 ten percent (10%) 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.
                                             -181-
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.

SECTION 2320: PRIVATE STREETS

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:

      a.     Method of initiating and financing of such road and/or easements in order to keep
             the road in a reasonably good and usable condition.

      b.     A workable method of apportioning the costs of maintenance and improvements.

      c.     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.

                                            -182-
       d.     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.

       e.     A notice that no public funds of the City of Muskegon are to be used to build,
              repair or maintain the private road.


SECTION 2321: WIRELESS COMMUNICATION SERVICE FACILITIES [amended 12/97]

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]

       a)     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.

       b)     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.
                                             -183-
       c)     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.

       d)     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.

       e)     In no case shall any WCA extend more than sixty (60) feet above the roofline of
              the structure to which it is attached.

2)     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.

Overlay District Established for Wireless Communication Support Facilities [amended 6/06]

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.




                                             -184-
2.     City of Muskegon That Part of NE 1/4 of SE 1/4 Sec 33 T10N R16W Lying S of
       Consumers Power Co 100 Ft R/W W Of US 31 State Hwy E Of Relocated C & O R R
       R/W & N Of Little Black Creek.

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]

5.     Marsh Field

6.     Water Filtration Plan

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.

                                             -185-
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.




                                            -186-
   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.

Replacement of Existing WCSFs:

   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.

   Review Criteria for new WCSFs:

   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:

         a.     Insufficient structural capacity of existing WCSFs or other suitable structures and
                inability to reinforce or replace an existing WCSF.

         b.     Unavailability of suitable locations to accommodate system design or
                engineering on existing WCSF or other structures.
         c.     Radio frequency interference or other signal interference problems at existing
                WCSF or other structures.

         d.     The cost of using an existing WCSF or other structure exceeds the costs of
                permitting and constructing a new WCSF.

         e.     Other factors which demonstrate the reasonable need for the new WCSF.
                                               -187-
Co-location Required:

   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.

   Removal of Abandoned WCSFs:

   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.

   SECTION 2322: DAY CARE/CHILD CARE FACILITIES

   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: [amended 8/97] [amended 2/03]

   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” districts. They shall also be allowed as Principal Uses separately or as part of a
                                                  -188-
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: [amended 8/97] [amended 2/03]

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.

SECTION 2323: FLOOD HAZARD AREAS

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:

       a.      Restrict or prohibit uses which are dangerous to health, safety, and property due
               to water or erosion, or in flood heights or velocities.

       b.      Require that uses vulnerable to floods, including facilities which serve such uses,
               be protected against flood damage at the time of initial construction.

       c.      Control the alteration of natural floodplains, stream channels, and natural
               protective barriers, which are involved in the accommodation of flood waters.

       d.      Control filling, grading, dredging, and other development which may increase
               erosion or flood damage.

       e.      Prevent or regulate the construction of flood barriers which will unnaturally
               divert flood waters or which may increase flood hazards to other lands.

2.     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.

3.     All new construction and substantial improvement to structures shall be constructed so
       that the lowest floor, including basements, for residential structures shall comply with
       the flood-resistant construction requirements of the Michigan Residential Code or for
                                               -189-
     non-residential buildings shall comply with the flood-resistant construction requirements
     of the Michigan Building Code. [amended 7/02] [amended 4/06]

     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:

     a.     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.

     b.     Obtain necessary engineering analysis to assure that the flood-carrying capacity
            with the altered or relocated portion of said watercourse is maintained.

     c.     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.

     d.     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.

                                           -190-
              3)      Maintain a record of all such information.

7.     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 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.

       No new construction, substantial improvements or other development (including fill)
       shall be permitted within the zones A1-30 of the City's Flood Insurance Rate Map
       (FIRM), unless it is demonstrated to the City Commission and/or Zoning Administrator
       that the cumulative effect of the proposed development will not increase the water
       surface elevation of the base flood more than one (1) foot at any point within the City.

SECTION 2324: TEMPORARY BUILDINGS, STRUCTURES AND USES [amended 01/09]

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:

       a.     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.

       b.     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.

       c.     Erosion Control: Temporary fencing used for erosion control, silt screening and
              other conventional types of temporary erosion structures may only be used for the
              purpose of temporarily controlling the unwanted movement of top soil or sand on
              a parcel of land. These temporary structures must be removed within 15 days
              after conditions causing the soil erosion, or unwanted movement, are eliminated
              or have subsided. Bonafide public works projects may use temporary fencing
              and other control methods as required to accomplish the task at hand. [amended
              11/10]

       d.     Temporary Classrooms: Up to four temporary classrooms may be permitted for
              private schools with expansion needs. Said classrooms shall meet local codes
                                             -191-
            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.

     e.     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.

     f.     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 31st of each calendar year. All unsold fireworks must be
            removed from the property by July 10th of each calendar year. Outdoor fireworks
            sales will be conducted pursuant to the Fire Code.

     g.     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.

     h.     Movie Production: Temporary buildings which are part of a movie production
            project are allowed. All conditions of the City’s “Film & Music Events Policy”
            must be met before the temporary buildings are put in place. The buildings must
            be removed from the site within fifteen (15) days of the completion of the
            project. Maximum time allowed shall be approved by the Zoning Administrator
            on a case by case basis.

2.   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.

     a.     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.
                                           -192-
     b.    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.

     c.    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.

3.   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.

     a.    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:

           i      The applicant's name

           ii     The location and effective dates of the temporary use

           iii    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.

           iv     Submission of performance guarantee, if applicable

           v      Signature of the Zoning Administrator and owner and/or operator on the
                  permit.

     b.    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.

     c.    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
                                         -193-
            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.

     d.     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:

            i      That circumstances have changed

            ii     That the temporary zoning permit was obtained by misrepresentation or
                   fraud

            iii    That one (1) or more of the conditions of the temporary zoning permit
                   have not been met

            iv     That the permitted use violates any statute, ordinance, law, or regulation.

4.   Conditions of Approval:

     a.     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.

     b.     The use shall not be typically located within a permanent building or structure.

     c.     The parcel shall be of sufficient size to adequately accommodate the temporary
            use or structure.

     d.     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.

     e.     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.

     f.     Signs shall conform to the provisions of this Ordinance.

     g.     Any lighting shall be directed and controlled so as to not create a nuisance to
            neighboring property owners.

5.   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.
                                           -194-
6.   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.

SECTION 2325: PERFORMANCE GUARANTEES AND PERFORMANCE BONDING FOR
COMPLIANCE

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:

     a.     Compliance with the requirements, specifications and conditions imposed with
            the grant of such approval, permit or variance;

     b.     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.

2.   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:

     a.     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.
     b.     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.

     c.     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.

3.   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.
                                           -195-
4.   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.

     a.     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.

     b.     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.

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

SECTION 2326: OFF-STREET PARKING AND LOADING [amended 2/02]

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
                                            -196-
     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.   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.

5.   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.

6.   Design and Access Standards: Multi-family, commercial and industrial land use areas
     shall meet the screening, landscaping, and lighting standards of this ordinance.

7.   Maintenance Standards: Parking and loading areas in all districts shall be paved, marked
     and defined by curbing or curb stops.

8.   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%)

9.   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:

     a.     Be provided as area additional to off-street parking space and shall not be
            considered as supplying off-street parking space.

     b.     Not interfere with fire access.

     c.     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.

     d.     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.
                                              -197-
10.   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.

      a.     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.

      b.     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.

11.   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.

12.   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]




                                             -198-
                            TABLE IB: PARKING STANDARDS
                                                    NUMBER OF MINIMUM PARKING
                      USE
                                                     SPACES PER UNIT OF MEASURE
RESIDENTIAL & RELATED USES
                                                  One (1) space for each sleeping room, plus
Bed and breakfast operations
                                                  two (2) spaces for permanent residents.
                                                  One (1) space for each bedroom or each two
Boarding houses, fraternities, sororities         (2) occupants of the structure, whichever is
                                                  greater.
Community residential care facilities < 6 persons Four (4) spaces.
                                                  One (1) space for each four (4) beds, plus
Convalescent homes, convents or similar uses
                                                  one (1) space for every three (3) employees.
                                                  Two (2) spaces for each mobile home site,
Mobile home parks                                 plus one (1) space for each mobile home
                                                  park employee.
Multiple family dwellings                         Two (2) spaces for each dwelling unit.
Single and two family dwellings                   Two (2) spaces for each dwelling unit.
CIVIC, NONPROFIT, INSTITUTIONAL, PUBLIC & PRIVATE RECREATION &
RELATED USES
Educational and social institutions:
• Auditoriums and gyms (incidental to) schools,
                                                  One (1) space for each six (6) seats, plus
   churches, & institutional buildings of similar
                                                  one (1) space for every two (2) employees.
   use with fixed seats
• Auditoriums (other than incidental to schools
   and churches), lodge halls, fraternal          One (1) space for every six (6) persons of
   organizations, private clubs, public meeting   legal capacity as established by fire,
   halls, community centers, or buildings of      building or health codes.
   similar use without fixed seats
                                                  One (1) space for each four hundred (400)
• Charitable or philanthropic organizations
                                                  sq. ft. of usable floor area.
                                                  Two (2) per classroom, plus separate
• Elementary and junior high schools              parking where the school contains an
                                                  auditorium and/or stadium or gym.
                                                  One (1) space for every employee, plus one
• High schools and colleges
                                                  (1) space for each five (5) students.
                                                  One (1) space for each three (3) patient
• Hospitals, sanitariums                          beds, plus one (1) space for each three (3)
                                                  employees.
                                                  One (1) per employee and one (1) per six (6)
• Orphanages
                                                  beds.
                                                  One (1) space for every eight hundred (800)
Libraries, museums, post offices                  sq. ft. of usable floor area, plus one (1)
                                                  space for every four (4) employees.
Nursery school, home day care or child care       One (1) space for each four hundred (400)
centers                                           sq. ft. of usable floor area.

                                           -199-
                                                       One (1) space for every two (2) member
Private golf clubs, swimming pool clubs, tennis        families or individuals, plus spaces required
clubs, lodges or other similar uses                    for each accessory use, such as a restaurant
                                                       or bar.
                                                       One (1) space for each four hundred (400)
Municipal buildings
                                                       sq. ft. of usable floor area.
                                                       One (1) space for each six (6) seats or
Religious institutions: Churches or temples            twelve (12) feet of pews in the main unit of
                                                       worship.
                                                       One (1) space per four hundred (400) sq. ft.
Utility and public service installations
                                                       of gross floor area.
COMMERCIAL & RELATED USES
Automatic Teller Machine (ATM) (free standing,
                                                       Two (2) spaces per machine.
not applicable when associated with another use)
Automobile service and repair garages, gasoline
                                                       Three (3) spaces for each repair and service
filling and service stations (see convenience retail
                                                       stall, plus one (1) space for every employee.
establishments)
                                                       Two (2) spaces for each of the first two (2)
Barber shops and beauty parlors                        beauty or barber chairs, and one-half (1/2)
                                                       space for each additional chair.
Business service establishments:
• Advertising and mailing
• Banks/credit unions (excluding drive-thrus)          One (1) space for every four hundred (400)
• Employment services                                  sq. ft. of useable floor area.
• Investment companies
• Real estate companies
                                                       One (1) space per three-hundred (300) sq. ft.
Business, vocational or trade schools
                                                       of gross floor area.
                                                       One (1) space per every three persons
Catering service rental hall
                                                       permitted in the structure by fire code.
                                                       One (1) space for each fifty (50) sq. ft. of
Clinics and professional offices of doctors,           usable floor area in waiting rooms, and one
dentists, or similar professions                       (1) space for each examining room, dental
                                                       chair, or similar use area.
Clothing, furniture, appliance, hardware, shoe
                                                       One (1) space for every four hundred (400)
repair, personal services (other than beauty and
                                                       sq. ft. of usable floor area.
barber shops), and other retail
                                                       One (1) space for every two (2) storage units
Mini-storage                                           (adjacent to the units) plus one for each
                                                       employee
                                                       Three (3) spaces per each one thousand
Convenience retail establishments
                                                       (1,000) sq. ft. of gross floor area.




                                               -200-
                                                         Space for five (5) cars between the sidewalk
                                                         area and the pickup window, and one (1)
Drive-through banks, cleaners, drug stores, and
                                                         space for every four hundred (400) sq. ft. of
similar businesses
                                                         usable floor area if there is no customer
                                                         space inside.
Food Service Establishments:
                                                         One (1) space per fifty (50) sq. ft. of eating
•   Drive-through restaurants or fast-food
                                                         area, plus one (1) space for each employee
    establishments
                                                         on the largest working shift.
•   Carry-out food or walk-up establishment
    including bakeries, ice cream shops and              One (1) space for each employee, plus ten
    delicatessens if carry-out only, or if all seating   (10) spaces.
    is exterior only.
•   Restaurant or establishment for sale and
    consumption of beverages, food or                    One (1) space for each two (2) persons
    refreshments on the premises including drive-        allowed within the maximum occupancy
    in, but not including drive-through,                 load as established by the fire marshal.
    restaurants
                                                         One (1) space for every twenty-five (25) sq.
Funeral homes and mortuaries                             ft. of usable floor area of chapels and
                                                         assembly rooms.
Antique shop, household equipment, showroom              One (1) space for each eight hundred (800)
of a plumber, decorator, electrician or similar          sq. ft. of usable floor area, plus one (1)
trade, and other similar uses (including resale          additional space shall be provided for each
shops but not flea markets)                              two (2) persons employed therein.
                                                         One (1) space for each four hundred (400)
Garden or nursery center, greenhouse (if it has          sq. ft. of usable floor area, plus one (1)
retail sales)                                            space for each two thousand (2,000) sq. ft.
                                                         of exterior sales area.
                                                         One (1) space for every four hundred (400)
General offices
                                                         sq. ft. of usable floor area.
General retail stores, except otherwise specified        One (1) space for every three hundred (300)
herein                                                   sq. ft. of usable floor area.
                                                         One (1) space for each four hundred (400)
Health or fitness club
                                                         sq. ft. of usable floor area.
                                                         One (1) space for each guest room, plus one
Hotels, motels                                           (1) additional space for every five (5)
                                                         employees.
                                                         One (1) space for each five (5) washing
Laundromats and coin operated dry cleaners
                                                         and/or dry-cleaning machines.
                                                         One (1) space per three (3) students at any
Music, dance, martial arts and voice schools
                                                         one time.




                                                -201-
                                                        One (1) space per three thousand (3,000) sq.
                                                        ft. of exterior sales area, except for open air
Open air business                                       flea markets which require one (1) space for
                                                        each three hundred (300) sq. ft. of exterior
                                                        sales area.
Office supply, factory and mill supplies, and           One (1) space for each four hundred (400)
related activities                                      sq. ft. of gross floor area.
                                                        One (1) space per four hundred (400) sq. ft.
Personal service establishment (other than beauty       of retail sales area, and one (1) space for
or barber shop)                                         each four hundred (400) sq. ft. of service
                                                        area.
                                                        One (1) space for each four hundred (400)
Planned commercial or shopping center
                                                        sq. ft. of usable floor area.
                                                        One (1) space for each four hundred (400)
Repair services                                         sq. ft. of usable floor area, plus one (1)
                                                        space for each employee.
                                                        One (1) space for every two hundred (200)
Supermarket, self-service food store
                                                        sq. ft. of usable floor area.
                                                        One (1) space for every seventy-five (75) sq.
Taverns, bars                                           ft. of usable floor area, or one (1) space for
                                                        every three (3) seats, whichever is greater.
                                                        One (1) space for each one (1) employee. In
                                                        addition, reserved parking spaces equal in
                                                        number to two (2) times the maximum
                                                        capacity of the vehicle wash. Maximum
                                                        capacity of the vehicle wash shall mean the
Vehicle wash (automatic)
                                                        greatest number of vehicles possibly
                                                        undergoing some phase of washing at the
                                                        same time, which shall be determined by
                                                        dividing the length in feet of each wash line
                                                        by twenty (20).
                                                        Two (2) stacking spaces for each washing
Vehicle wash (self-service or coin operated)
                                                        stall, in addition to, the stall itself.
INDOOR ENTERTAINMENT
                                                        One (1) space per game, provided that
                                                        where such games are an accessory use, one
Video or pinball arcade or similar uses
                                                        (1) space is required for each game above
                                                        four (4) games.
                                                        One (1) space for each three (3) seats or one
Bingo parlor                                            (l ) per two hundred (200) sq. ft. of usable
                                                        floor area, whichever is greater.
                                                        Five (5) spaces for each alley, plus one (1)
                                                        space for each employee, plus spaces for
Bowling alleys
                                                        each accessory use, such as a bar or
                                                        restaurant.


                                                -202-
                                                    One (1) space for each two (2) persons
                                                    allowed within the maximum occupancy
Dance halls, pool and billiard rooms, exhibition    load as established by fire, building or
halls, roller and ice skating rinks                 health codes, plus one (1) space for every
                                                    three (3) seats of spectator seating (one seat
                                                    equals two feet of bench length).
                                                    Three (3) spaces per court, plus one (1)
                                                    space per employee on the largest shift, plus
                                                    spaces for any other principal or accessory
Indoor racquet courts
                                                    uses, plus one (1) space for every three (3)
                                                    seats of spectator seating (one seat equals
                                                    two feet of bench length).
                                                    One (1) space for each three (3) seats, plus
Theaters and commercial auditoriums
                                                    one (1) for each two (2) employees.
OUTDOOR ENTERTAINMENT
                                                    Five (5) spaces per employee where it is the
                                                    principal use; where it is an accessory use,
Boat, canoe, jet ski and bicycle rental             parking may be waived partially or wholly
                                                    in the discretion of the Zoning
                                                    Administrator.
                                                    Two (2) dust free 10'x30' spaces for every
Commercial Campgrounds
                                                    campsite.
                                                    Four (4) spaces for each hole, plus one (1)
Golf courses open to the public, except Miniature   space for each employee, plus required
or “Par 3” courses                                  spaces for each accessory use, such as a
                                                    restaurant or bar.
                                                    One (1) space for each tee, plus one (1)
Golf driving range                                  space for each employee on the largest work
                                                    shift.
                                                    One and one-half (1-1/2) spaces per boat
Commercial Marinas
                                                    mooring slip.
                                                    Three (3) spaces for each hole, plus one (1)
                                                    space for each employee, plus required
Miniature or “Par 3” golf courses
                                                    spaces for each accessory use, such as a
                                                    restaurant or bar.
                                                    Three (3) spaces, plus three (3) spaces per
Racquet sports                                      court or one (1) per three (3) spectator seats,
                                                    whichever is greater.
                                                    One (1) space for every four (4) seats or six
Stadiums and sport arenas
                                                    (6) feet of benches.
                                                    Two (2) spaces per three (3) seats on
Theme park, scenic area, amusement ride, water      amusement rides or twenty (20) spaces per
slide, go cart track and similar uses               ride or attraction with no specific or defined
                                                    seating.



                                            -203-
INDUSTRIAL & RELATED USES
                                                     One (1) space per each service bay and
Auto body/paint shop
                                                     employee.
                                                     One (1) space per employee, plus one (1)
Contract construction uses
                                                     space per company vehicle.
Dangerous chemical manufacturing, storage            One (1) space per employee on the largest
and/or distribution                                  shift.
                                                     One (1) per employee, plus one (1) per each
Incinerators and recycling centers
                                                     simultaneous truck.
                                                     One space for every two (2) employees for
                                                     industries working two (2) or more shifts.
Industrial or manufacturing establishments,
                                                     One space for every three (3) employees for
testing laboratories, creameries, bottling works,
                                                     industries working one shift or one space for
printing and engraving shops
                                                     every 400 square feet of gross floor area,
                                                     whichever is greater.
                                                     One (1) space for every two (2) employees
                                                     for industries working two (2) or more
                                                     shifts. One (1) space for every three (3)
Industrial service establishments                    employees for industries working one (1)
                                                     shift, or one (1) space for every four
                                                     hundred (400) sq. ft. of gross floor area,
                                                     whichever is greater.
                                                     One (1) space per four hundred (400) sq. ft.
Medical or dental laboratories
                                                     of gross floor area.
                                                     One (1) space per employee on the largest
Research and development establishments
                                                     shift.
                                                     One (1) space for every eight hundred (800)
Wholesale trade establishments and warehouses
                                                     square feet of net floor area.
PLANNED UNIT DEVELOPMENTS
Planned Unit Developments:                           Parking standards shall be established by the
Commercial                                           Planning Commission after receiving the
Industrial Park                                      recommendation of the Zoning
Institutional                                        Administrator based on the mix of proposed
Mixed use                                            uses compared to the standards for those, or
Residential                                          the most similar uses in this schedule.




                                             -204-
SECTION 2327: WIND TURBINE FACILITIES [amended 4/00] [amended 10/09]

Wind Turbine Facilities shall be allowed as a special land use in Industrial and Business zones
under the purview of Section 2332, after review and approval of the special land use permit and
site plan by the Planning Commission, after Public Hearing, subject to applicable conditions and
any other reasonable conditions imposed by the Planning Commission, including the following:

1.     Minimum parcel size for wind turbine facilities shall be ten (10) acres.
2.     All wind turbines shall meet the requirements of Section 2311, Accessory Structures &
       buildings, #10, except for items a, d, and g.
3.     The height limit of any wind turbine in the WTF may be 200 feet. Such total height
       shall be measured from the ground to the highest elevation of the wind turbine rotor.
4.     The developer shall maintain a current insurance policy which will cover installation and
       operation of the WFT, and the wind turbines shall be warranted against any system
       failures reasonably expected in climate conditions found in the City of Muskegon.
5.     A qualified avian study shall be conducted by the developer to ensure that wildlife is not
       endangered, or the developer may submit copies of any required State or Federal
       permits that have been obtained. This information shall be submitted to the Planning
       Department before any permits are issued for construction.
6.     A wind resource study describing the long term economic viability shall be submitted to
       the Planning Commission upon submission of the special land use permit application.
7.     If the WFT will provide electricity off-site to the grid, evidence that the utility company
       has been informed of the developer’s intent to install an interconnected, customer-owned
       generator, and that such connection has been approved, shall be submitted to the
       Planning Commission upon submission of the special land use permit application.
8.     Separation between wind turbines shall be based on industry standards and manufacturer
       recommendations.


SECTION 2328: [RESERVED] [amended 2/02]

SECTION 2329: OFF-STREET LOADING AND UNLOADING

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.



                                               -205-
SECTION 2330: SITE PLAN REVIEW [amended 1/00]

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:

       a.     All business and industrial uses, or an expansion of such uses.

       b.     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.

       c.     Expansion or paving of off-street parking and/or a change in circulation or
              access.

3.     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.

4.     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
                                             -206-
     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.

5.   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.

6.   Planning Commission approval: Site plan review and approval by the Planning
     Commission is required as follows:

     a.     For Planned Unit Developments.

     b.     For all Special Uses.

     c.     For all multi-family developments with over 8 units.

     d.     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.

     e.     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.

     Staff shall review said site plans and offer input to the Planning Commission in the form
     of a staff report summarized by the Zoning Administrator.

7.   Review process:

     a.     Consultation: A preliminary meeting with staff is recommended prior to the
            submission of a site plan review application.

     b.     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.

     c.     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.

8.   Information required: Information in possession of the City may be used to the extent
     appropriate for the proposed development. The Zoning Administrator may waive
                                           -207-
informational requirements clearly not applicable to a particular development. Site Plan
Review materials shall consist of the following, as applicable:

a.     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.

b.     Proof of ownership or option interest, or permission from the owner to engage in
       site plan approval.

c.     Legal description of the property.

d.     Project description.

e.     Stormwater management plan.

f.     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.
                                      -208-
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.
                             -209-
             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.

9.    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.

10.   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.

11.   Standards for Site Plan approval: Prior to approving a site plan, the City shall require
      that the following standards be satisfied:

      a.     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.

      b.     Other codes and standards: To the extent necessarily shown in the site plan, it
             shall comply with other applicable City codes and standards.

      c.     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.

      d.     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.

      e.     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.

                                            -210-
f.   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.

g.   Soil erosion control: Appropriate measures shall be taken to ensure compliance
     with state and local soil and sedimentation control regulations.

h.   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.

i.   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.

j.   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.

k.   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.

l.   Site Circulation and Parking: Parking areas shall meet the requirements of this
     ordinance. All parking spaces and circulation patterns shall be marked. Curb
     stops or curbing may be required to prevent encroachment on required setbacks
     and screening. Provisions for on-site maneuvering of vehicles shall be made so
     as to discourage backing and movements of trucks on abutting public streets. On
     site traffic control signs shall be visible and understandable.

m.   Pedestrian safety: The on-site pedestrian circulation system shall be separated as
     completely and reasonably as possible from the vehicular circulation system. In
     order to ensure public safety, special pedestrian measures such as sidewalks,
     crosswalks, and other such facilities may be required for the development. The
     site circulation shall be connected to existing or planned streets and pedestrian or
     bicycle pathways in the area as appropriate.

n.   Site amenities: The site plan shall provide outdoor common areas and associated
     amenities for employees, customers and/or residents which may include public
     trash receptacles, bike racks, seating areas, recreation areas, shade trees, bus stop
     turn-outs, and similar facilities where appropriate.
o.   Utility Service: The development must be adequately served by necessary public
     services and shall not impose an undue burden on public services and
                                    -211-
             infrastructure. All utilities for new construction shall be placed underground.
             Any installations which must remain above ground shall be compatible with
             those on adjacent properties.

      p.     Lighting: Exterior lighting shall be arranged so it is deflected away from
             adjacent properties and so it does not impede the vision of traffic along adjacent
             streets. Flashing or intermittent lights shall not be permitted. Design of lighting
             fixtures shall be compatible with those on adjacent properties. Light poles and
             fixtures shall be no higher than twenty-five (25) feet.

      q.     Signs: The size, location, and lighting of all permanent signs shall be consistent
             with the requirements of this Ordinance.

      r.     Accessibility:    All sites shall be designed to comply with barrier-free
             requirements.

      s.     State and Federal Mandates: The site plan shall demonstrate compliance with
             any state or federal statute, regulation or ruling, whether general or site specific,
             which is applicable to the property. This shall include without limitation any
             legally enforceable restrictions on development or improvements which have
             been communicated or required by a state or federal agency. It shall include,
             without limitation, requirements of laws, regulations, rulings or agency
             requirements concerning environmental protection, waste management,
             floodplains, soil and sedimentation, protection of ground or surface water
             resources, soil conditions, and the presence of hazardous materials in or
             contamination of soils, air and water pollution matters and provisions which are
             designed for or reasonably related to the protection of the public health, safety or
             welfare. The applicant shall demonstrate that all said statutes, regulations,
             rulings, or requirements have been satisfied by its site plan and that there are no
             state or federal agencies which have required, or are in the process of requiring,
             any additional action, restriction or compliance. In the event a property is the
             subject of any governmental regulatory action or requirement, or without
             limitation, the property is located in the "facility" as defined by state or federal
             law, the state or federal agency responsible for the applicable regulation shall be
             notified in writing of the filing of the site plan and any hearing regarding the
             application for approval.

12.   Phasing: If applicable, all development phases shall be designed in logical sequence to
      ensure that each phase will independently function in a safe, convenient and efficient
      manner without being dependent upon improvements of a subsequent phase and by not
      precluding subsequent development potential of remaining lands.

13.   Validity: Approval of site plans not associated with a Planned Unit Development is
      valid for a period of 12 months. Failure to initiate material construction pursuant to an
      approved site plan in that time shall render the approval null and void.

14.   Revocation:    Any site plan review approval may be revoked by the Planning
                                            -212-
      Commission after determination that one or more of the following circumstances exist:

      a.     A material error in the original approval has been discovered either because of
             inaccurate information supplied by the applicant or administrative error by a staff
             member or other agency

      b.     There has been a material departure from the commitments made and the
             requirements of an approved site plan.

      c.     Material and substantial pollution, impairment or destruction of the environment,
             or to another legally protected public interest, would occur if the project were to
             be constructed as previously approved.

      d.     Failure to perform, unless due to actions or circumstances beyond the applicant's
             control.

      Appeals for time extensions of up to 6 months may be submitted and shall be reviewed
      by the Planning Commission.

      Revocation of an approved site plan shall be communicated in writing with reasons
      therefor to the property owner. The Building Inspector shall also be notified to withhold
      any building permit until a new site plan is approved.

15.   Performance Guarantees: A performance guarantee may be required to ensure
      compliance with the approved site plan.

16.   Site Plan Modifications: Minor modifications to a site plan previously approved by the
      Planning Commission may be approved by the Zoning Administrator including, without
      limitation:

      a.     Change in any building size, up to five percent (5%) in total floor area

      b.     Relocation of a dumpster

      c.     Drive relocations

      d.     Modification of up to 10% of the total parking area

      e.     Sign location

      f.     The addition of small accessory buildings (of not more than one hundred twenty
             square feet in area)

      g.     Movement of buildings or other structures by no more than ten feet

      h.     Replacement of plant material specified in the landscape plan with comparable
             materials
                                            -213-
       i.      Changes in building materials to comparable or higher quality materials

       j.      Change in floor plans which do not alter the character of the use

       k.      Changes required or requested by the City or other regulatory agency in order to
               conform to their laws or regulations

       Requests for site plan modifications will be duly recorded by the Zoning Administrator
       and reflected by the applicant in the "as built" plans.

17.    As-built plans: Upon completion of the project, and prior to the issuance of a Certificate
       of Occupancy or Certificate of Compliance, three as-built plans, accurately
       demonstrating compliance with grades and drainage plan, shall be provided to the
       Zoning Administrator. The Zoning Administrator shall provide one copy to the
       Assessor, and one copy to the Building Official.

SECTION 2331:         LANDSCAPING, FENCING, WALLS, SCREENS AND LIGHTING
[amended 4/00]

The intent of this section is to promote the public's health, safety, and general welfare by:
minimizing noise, air, and visual pollution; improving the appearance of off-street parking and
parking lots reducing heat, noise, and the glare of automobile and site lights; requiring buffering
between incompatible land uses: regulating the screening of property abutting public rights-of-
way; providing wind breaks, protecting and preserving the appearance, character, and value of the
business community and residential neighborhood areas; preventing soil erosion and soil
depletion; and promoting soil and water retention.

1.     Scope: These requirements shall apply to all uses for which site plan review is required
       and any other use so specified in this Ordinance. No site plan shall be approved unless
       said site plan shows landscaping, berms, greenbelts, buffer zones, and screening consistent
       with the requirements set forth herein.

2.     Landscape Plan Required: A landscape plan shall be submitted as part of a site plan
       review application. The landscape plan shall include, but not necessarily be limited to, the
       following items:

       a.      Location, spacing, size and descriptions for each plant type proposed for use within
               the required landscape area.

       b.      Typical straight cross-section including slope, height, and width of berms and
               swales, type of ground cover, or height and type of construction of wall or fence,
               including footings.

       c.      Significant construction details to resolve specific site conditions, such as tree wells
               to preserve existing trees or culverts to maintain natural drainage patterns.

                                               -214-
     d.     Identification of natural features, natural drainage areas, existing trees and
            vegetative cover to be preserved.

     e.     Identification of areas to be grass or other ground cover and method of planting.

3.   General Requirements:

     a.     A mixture of plant material, such as evergreen, deciduous trees and shrubs, is
            required as a protective measure against insect and disease infestation.
            Landscaping shall be multi-tiered with the use of canopy and understory species.
            Use of native wildflowers and groundcovers other than traditional horticultural
            grasses is encouraged.

     b.     Areas used for storm drainage purposes, such as unfenced drainage courses or
            retention areas in front or side yards, may be included as a portion of the required
            landscaped area.

     c.     A means of protecting site trees against injury from mowing equipment and
            vehicles shall be provided.

     d.     Plantings shall be used to screen service and storage areas and freestanding sign
            poles.

     e.     Additional landscaping may be required adjacent to buildings to break up long
            building expanses and walls void of windows.

     f.     Landscaping may be required to serve as windbreaks.

     g.     Landscaping shall be designed to blend with that on adjacent parcels where a
            road, walkway or other pathway flows between parcels.

4.   Landscape Elements: The following minimum standards shall apply:

     a.     Quality: Plant material and grasses shall be of generally acceptable varieties and
            species for the area, free of insects and diseases and hardy to the climate. The
            Zoning Administrator shall provide a suggested list of acceptable plant materials.

     b.     Waterfront Properties: Landscaping provided within a waterfront setback shall be
            comprised of native species. A ribbon of at least 30-foot of buffer zone shall be
            provided immediately adjacent to the waterfront to serve as a buffer for
            stormwater runoff.

     c.     Placement: Landscaping shall be clustered and staggered rather than situated in
            straight rows for interest and variety unless such placement is an integral part of a
            design element, such as an alley of trees.



                                           -215-
     d.      Berms and Swales: Berms and swales shall be constructed with slopes not to
             exceed a 1:3 gradient with side slopes designed and planted to prevent erosion.
             Slopes shall be protected with sod, seed, shrubs or other form of natural
             groundcover. Berms shall have a rounded surface, which is a minimum of two (2)
             feet in width at the highest point of the berm, extending the length of the berm.
             Berms are not permitted adjacent to the waterfront.

     e.      Existing Trees: If existing plant material is labeled "To Remain" on site plans by
             the applicant or required by the City, protective techniques, such as, but not
             limited to, fencing or barriers placed at the dripline around the perimeter of the
             plant material shall be installed during construction. No vehicle or other
             construction equipment shall be parked or stored within the dripline of any plant
             material intended to be saved. Other protective techniques may be used provided
             such techniques are approved by the City.

     f.      Preservation Required: All existing live trees in excess of twelve (12) inches in
             diameter and at four and one half (4 ½) feet above the ground shall be preserved as
             much as practical.

     g.      Replacement Required: Should any tree required by this ordinance to be
             preserved or planted die, it shall be the responsibility of the owner/developer to
             replace the dead tree with two (2) trees for every one tree lost with trees of a
             minimum of three (3) inches in diameter four and one-half (4 ½) feet above the
             ground.

     h.      Retained Landscaping In Lieu of New Landscaping: Landscaping requirements
             may be waived if the existing vegetation to be retained on site meets or exceeds
             ordinance requirements for landscaping and screening.

5.   Greenbelt Buffers:

     a.     All required side and rear setbacks shall be landscaped, greenbelt buffers, unless
            zero-lot-line is employed for a structure or fire access. At least fifty percent of
            all required front setbacks shall be landscaped and adjacent to the road right-of-
            way. An average minimum greenbelt of 10 feet shall be maintained along all
            street frontages. Greenbelt buffers shall be landscaped in grass, ground cover,
            perennials, and/or other natural, living, landscape material. [amended 12/01,
            amended 10/02]

     b.     All required front setbacks shall be landscaped with a minimum of one (1) canopy
            or shade tree, two (2) understory or evergreen trees and (2) shrubs, for each thirty
            (30) lineal feet (or major portion thereof) of frontage abutting the right-of-way.
            Access ways from public rights-of-way through required landscape strips shall be
            permitted, but such access ways shall not be subtracted from the lineal dimension
            used to determine the minimum number of trees and shrubs required.



                                           -216-
     c.     Deciduous canopy trees shall be a minimum of twelve (12) feet in height and a
            minimum caliper of 2 inches at four and one-half (4 ½) feet above the ground.
            Evergreen and understory trees shall be a minimum of six (6) feet high at planting.

6.   Installation and Maintenance:

     a.     All landscaping and landscape elements shall be planted, and earth moving or
            grading performed, according to accepted good planting and grading procedures.

     b.     Landscaped areas outside of stormwater management areas, native natural areas,
            beaches, and dune areas may be required to be irrigated.

     c.     The owner of property that is required to be landscaped by this Ordinance shall
            maintain such landscaping in a reasonably healthy condition, free from refuse and
            debris. All unhealthy and dead material shall be replaced.

7.   Screening Between Land Uses:

     a.    Upon any improvement for which a site plan is required, screening shall be
            constructed at least four (4) feet and up to six (6) feet in height may be required
            along all adjoining boundaries with residentially zoned or used property. A
            landscape buffer with berming, or landscaping with a fence or a solid wall may be
            used to meet screening requirements.

     b.    Where there is a need to provide a greater noise or dust barrier or to screen more
           intense development, a solid wall may be required. Such wall shall be constructed
           on both sides with stone, face brick, poured-in-place simulated face brick, or
           precast brick panels having simulated face brick.

8.   Parking Lot Landscaping: Parking lots exceeding 5,000 square feet (including all
     parking spaces, lanes, drives and other areas devoted to vehicular use) shall be
     landscaped with at least one (1) landscape island. For each additional 5,000 square feet
     (or each additional 20 spaces, whichever is greater) an additional landscape island shall
     be required. Landscape islands shall be at least 180 square feet in size, with a minimum
     width of three (3) feet. Landscape islands shall be landscaped with one (1) shade canopy
     tree and three (3) shrubs for every eight (8) parking spaces. Canopy trees shall be a
     minimum of twelve (12) feet in height with a minimum caliper of 2 inches at four and
     one-half (4 ½) feet above the ground. [amended 10/00]

     The Zoning Administrator may allow the substitution of bump-outs or other landscaping
     elements in lieu of landscape islands, as long as the square footage, width, and
     landscaping requirements are still met. [amended 10/00]

9.   Loading Area Screening: All loading areas shall be fenced and screened whenever
     abutting a residential use or district.



                                           -217-
10.   Mechanical Equipment Screening: (this subsection does not apply to single-family
      residential uses, or to any use in an industrial land use category unless it abuts a residential
      area.) When located outside of a building, support equipment including air conditioning
      and heating devices, and water and gas meters, but not including plumbing or exhaust
      vents or chimneys, are to be screened to the height of the particular piece of equipment, as
      follows:

      a.      Roof-Mounted Equipment: To be screened by architectural features from the view
              of abutting streets and parcels.

      b.      Equipment at Grade: When located on the ground adjacent to a building,
              mechanical equipment is to be screened by landscaping, a solid wall or fencing
              from the view of the street or surrounding properties.

11.   Outdoor Storage Screening: Outdoor open storage of any equipment, vehicles and
      materials, including waste and waste receptacles, shall be screened from public right-of-
      way and residential uses or districts. Such storage shall not be located in the required
      front setback. Commercial and industrial uses do not have to screen from one another.
      Front yard fencing over 4 feet in height in commercial and industrial zones shall adhere to
      the required front setback. A screen of up to six (6) feet but not less than four feet may
      be required as part of a site plan review approval. [amended 10/02]

12.   Fencing, all Districts: The placement of a fence requires a development permit or site plan
      approval. Fencing shall be properly maintained. Fencing materials used as screening shall
      consist of the following:

      a.      Solid board fences of standard commercial construction. The finished side of the
              wood shall face abutting properties.

      b.      Open mesh fencing with woven slats, provided that is of standard commercial
              construction.

      c.      Masonry walls designed and constructed to facilitate maintenance and not
              modifying natural drainage in such a way as to endanger adjacent property that is of
              standard commercial construction.

13.   Placement: A wall, fence or yard enclosure may be erected on the lot line.

14.   Height limitations: [amended 10/02]

      a.      Side and rear yards: In residential districts a wall, fence or yard enclosure may
              be up to six (6) feet in height behind any building line of a structure which abuts
              a street (see Figure 2.9).

      b.      Front yards: In any residential front yard (in front of any building line of a
              structure which abuts a street), the height of a fence shall not exceed three (3)
              feet, unless an open fence is provided (e.g., chain link, picket) in which case it
                                              -218-
             may be a maximum height of four (4) feet when such fence does not reduce
             visibility or interfere with clear vision at intersections, alleys and drives.

      c.     Commercial and industrial districts: A wall, fence or yard enclosure may be up
             to eight (8) feet in height behind the front building line of a structure. In a front
             yard (in front of any building line of a structure which abuts a street), the height
             shall not exceed six (6) feet and shall not reduce visibility or interfere with clear
             vision at intersections, alleys and drives.

15.   Barbed wire: No person shall place, string or maintain barbed wire as part of any fence,
      other work or structure in any zoning district unless approved by the Planning
      Commission as part of an authorized special use. No barbed wire shall be permitted in
      any historic district.

16.   Corner Clearance: [amended 8/05] The following regulations shall apply to all
      landscaping, fences, walls, screens, or similar devices at street intersections or driveways:

      a.     No fence, wall, sign or screen or any planting shall be erected or maintained in
             such a way as to obstruct vision or interfere with traffic visibility on a curve, or
             within twenty-five (25) feet of the right-of-way of a street.

      b.     No fence, wall, sign or screen or any planting shall be erected or maintained in
             such a way as to obstruct vision, between the height of three (3) and ten (10) feet,
             within twenty-five (25) feet of the right-of-way of a street.

      c.     No structure, hazard or obstruction shall be placed or maintained in the right-of-
             way, except as may be approved by the city.


17.   Fire Hazard: No fence or wall shall be approved which constitutes a fire hazard either of
      itself or in connection with the existing structures in the vicinity, nor which will interfere
      with access by the Fire Department in case of fire to buildings in the vicinity or which will
      constitute a hazard to street traffic or to pedestrians.

18.   Waterfront Walls and Fences: No fences or walls shall be erected in the waterfront
      setback. Obscuring walls and fences shall not be placed parallel to the waterfront.
      Approved fences and walls shall be limited to three (3) feet in height in waterfront yards.

19.   Exceptions to Fencing and Screening Requirements:

      a.     Buildings Abutting Lot Lines: Required screening or fencing may be omitted
             along any lot line where a building wall exists immediately abutting the lot line.

      b.     Existing Screening: Any fence, screen, wall or hedge which does not conform to
             the provisions of this Section and which is legally existing at the effective date of
             this Ordinance may be continued and maintained, provided there is no physical

                                              -219-
             change other than necessary maintenance and repair in such fence, screen, wall, or
             hedge except as permitted in other sections of this Ordinance.

      c.     Planning Commission Modification: Landscaping may be waived or modified
             provided the Planning Commission first makes a finding that specifically identified
             characteristics of the site or site vicinity would make required landscaping, fencing
             or screening unnecessary or ineffective, or where it would impair vision of natural
             amenities.

20.   Outdoor lighting in all districts [amended 1/05; amended 1/07]: Outdoor lighting in newly
      developed commercial and industrial uses, subdivisions, condominium projects and
      planned unit developments, or replacement lighting for such developments and
      institutional uses, shall be designed and constructed in such a manner to insure that:
      [amended 7/98]

      a.     Direct or directly reflected light is confined to the development site.

      b.     All light sources and light lenses are shielded.

      c.     No light sources or light lenses are directly visible from beyond the boundary of
             the site.

      d.     Lighting fixtures shall be a down-type having one hundred percent (100%) cut
             off. The light rays may not be emitted by the installed fixture at angles above the
             horizontal plane passing through the lowest point on the light fixture from which
             the light is emitted, as certified by the manufacturer's photometric test. The
             following exceptions apply [amended 03/11]:

                   1. Commercial and institutional uses may illuminate building facades
                      without one hundred percent cut off provided the light lenses are
                      shielded by a non-translucent fixture, only allowing the light to shine
                      upwards or downwards. Light shinning upwards must be contained to
                      the building with no spillage to the night sky or adjacent properties.
                      Lighting sources must be placed far enough from building edges or
                      there must be an architectural element present to prevent the light from
                      spilling off the building into the night sky or adjacent properties.

                   2. Commercial and institutional buildings may illuminate building facades
                      from the ground up as long as the light is contained directly on the
                      building with no spillage to the night sky or adjacent properties. Light
                      lenses must be shielded and not visible from adjacent properties.

      e.     All exterior lighting luminaries operating at greater than 100 watts shall contain
             lamps having a minimum efficacy of 60 lumen/watt.

      f.     Lighting shall be equipped with baffling or other devices to assure that the above
             requirements are achieved.
                                             -220-
     g.     The applicant shall submit the specifications for the lights, poles, fixtures and
            light sources to the City for approval prior to installation.

     h.     The height of light poles shall not exceed twenty-five (25) feet as measured from
            average grade.

SECTION 2332: SPECIAL LAND USES AND PLANNED UNIT DEVELOPMENTS

1.   The Planning Commission shall have the power to review and in some cases approve
     applications as authorized by State law or the following sections of this ordinance:
     Sections 401, 515, 601, 602, 701, 702, 801, 802, 901, 902, 1001, 1002, 1101, 1102,
     1202, 1301, 1302, 1401, 1402, 1501, 1502, 1601, 1602, 1701, 1702, 1801, 1802, 1901,
     1902, 2001, 2002, 2101, 2317. A best faith effort shall be made by the Planning
     Commission to process petitions for Special Uses and preliminary Planned Unit
     Developments within 60 days. In the case of final Planned Unit Development plans, the
     City Commission, after receiving a recommendation from the Planning Commission,
     shall approve, deny or approve with conditions the petition within 60 days.

2.   Applications, Filing Procedures, Fees

     An application shall be filed with the Zoning Administrator who shall, in the case of
     Planned Unit Developments, contain a statement of the cost thereof, who shall transmit
     the same, together with plans, specification and other papers pertaining to the application
     to the Planning Commission.

     Such application shall be heard within a reasonable time as prescribed by the rules and
     regulations of the Planning Commission and State law.

     The Zoning Administrator shall not receive any application without payment by the
     applicant to the City Treasurer of the applicable fees as specified in the City's Master Fee
     Schedule as adopted by a resolution of the City Commission and in effect at the time of
     applications.

3.   Hearings and Notices

     After receipt of an application for a Special Land Use or PUD, a notice shall be
     published in a newspaper of general circulation. In addition to such notice, a notice shall
     also be served personally or by mail to all owners of real property of all structures within
     three hundred (300) feet of the property in question. Such notice shall be given fifteen
     days prior to the hearing. If the owner is not known, the term occupant may be used in
     making notification. The notice shall include:

     a.     The nature of the Special Land Use request.

     b.     A description of the property which is the subject of the Special Land Use
            request.
                                             -221-
     c.     The location and date of the hearing.

     d.     Where and when written comments will be received.

     Any party may appear at such hearing in person or by agent or attorney.

4.   Discretionary decisions, standards, and conditions

     Consistent with the City or Village Zoning Enabling Act (PA, 207, 1921, and amended),
     the Planning Commission shall approve, deny or approve with conditions applications
     for Special Use or activities. The standards upon which decisions are made shall be
     consistent with, and promote the intent and purpose of the Zoning Ordinance, and insure
     that the land use or activity authorized shall be compatible with adjacent uses of land,
     the natural environment, and the capacities of public services and facilities affected by
     the land use. The decision on a Special Land Use or activity shall be incorporated in a
     statement of conclusions and be placed on file with the Department of Planning.

     The Planning Commission shall review the application after proper notice has been
     given as required by State law and this Ordinance. The Planning Commission shall base
     its decisions upon review of the individual standards pertaining to that Special Land Use
     or activity and the general standards of Section 2332. The Planning Commission may
     grant approval of the application with any conditions it may find necessary, or it may
     disapprove the application. Upon approval of a Special Use, the Building Official shall
     issue any necessary permits.

5.   Standards for Approval of Discretionary Uses

     Prior to authorization of any Special Land Use, the Planning Commission shall give due
     regard to the nature of all adjacent uses and structures. It shall determine the consistency
     with the adjacent use and development.

     In addition, the Planning Commission shall find that the proposed use or activity would
     not be offensive, or a nuisance, by reason of increased traffic, noise, vibration, or light.
     Further, the Planning Commission shall find that adequate water and sewer
     infrastructure exists or will be constructed to service the Special Land Use or activity.




                                            -222-
SECTION 2333: MEDICAL MARIHUANA FACILITIES OVERLAY DISTRICT [amended
6/18]

A Medical Marihuana Facilities Overlay Districts is hereby created as outlined in Figure 23-2.
Within said overlay district only, Medical Marihuana Facilities to the extent licensed pursuant to
City Code Sections 34-201 through 34-208 are permitted.

1.     Overlay District:

       a.      Location: Please see Figure 23-2 for the location of the overlay district. Within
               the overlay district, licenses for Provisioning Centers, Growers, Processors,
               Secure Transporters and Safety Compliance Facilities are permitted.

2.     Growers and Processors Requirements:

       a.      Signage. Signage shall be limited to one sign, no larger than 25 square feet and
               shall not use the word marihuana/marijuana, cannabis or any other word or
               phrase which would depict marihuana/marijuana; nor may pictures of a leaf or
               leaves, green cross or any other rendering which would depict
               marihuana/marijuana be displayed on a sign or any part of the building.

       b.      Building and Site Amenities. All Grower and Processor facilities must meet the
               following amenity requirements:

                   (i) Bay doors. Buildings must have bay doors in which a secure transport
                       vehicle can enter for delivery.

                   (ii) Canopy. Buildings must have a canopy or decorative awning over the
                        main entrance to the building.

                   (iii) Lighting. There shall be ornamental lighting on the exterior of the
                        building at all ingress and egress doors.

                   (iv) Landscaping plan. Decorative landscaping shall be provided with
                        irrigation. All new construction projects shall require underground
                        sprinkling.

                   (v) Carbon filtration system. The building shall be equipped with an
                       activated carbon filtration system for odor control and be maintained in
                       working order.

       c.      Waste Waste Disposal Plan. A plan must be approved for the disposal of waste,
               chemicals and unused plant material.

       d.      Security. There must be a security presence in place on the property at all times,
               either by licensed security guard(s) and/or security cameras. A floor plan with
               security details is required.
                                              -223-
3.   Provisioning Center Requirements:

     a.     Hours. Provisioning Centers may operate between the hours 8 am and 8 pm.

     b.     Signage. Signage shall be limited to one sign, no larger than 25 square feet and
            shall not use the word marihuana/marijuana, cannabis or any other word or
            phrase which would depict marihuana/marijuana; nor may pictures of a leaf or
            leaves, green cross or any other rendering which would depict
            marihuana/marijuana be displayed on a sign or any part of the building.
            Windows shall remain free and clear of all advertising.

     c.     Building and Site Amenities. All Provisioning Centers must meet the following
            amenity requirements:

                   i. Bay doors. Buildings must have bay doors in which a secure transport
                        vehicle can enter for delivery.
                   ii. Canopy. Buildings must have a canopy or decorative awning over the
                        main entrance to the building.
                   iii. Security shutters. The interior of all windows shall require security
                        shutters that give the appearance of shutters or window shades. Metal
                        bars and gates are prohibited.
                   iv. Lighting. There shall be ornamental lighting on the exterior of the
                        building at all ingress and egress doors.
                   v. Landscaping plan. Decorative landscaping shall be provided with
                        irrigation. All new construction projects shall require underground
                        sprinkling.
                   vi. Carbon filtration system. The building shall be equipped with an
                        activated carbon filtration system for odor control and be maintained
                        in working order.

     d.     Indoor Activities. All activities of a provisioning center shall be conducted
            within the structure and out of public view. Walk-up and drive thru windows are
            not permitted.

     e.     Security. There must be a security presence in place on the property at all times,
            either by licensed security guard(s) and/or security cameras. A floor plan with
            security details is required.

4.   Safety Compliance Facility Requirements:

     a.     Indoor Activities. All activities of a marihuana safety compliance facility shall be
            conducted within the structure and out of public view.

     b.     Building and Site Amenities. All Safety Compliance Facilities must meet the
            following amenity requirements:

                                           -224-
                   i. Canopy. Buildings must have a canopy or decorative awning over the
                        main entrance to the building.
                   ii. Lighting. Ornamental lighting is required on the exterior of the
                        building at all ingress and egress doors.
                   iii. Landscaping Plan. Decorative landscaping shall be provided and all
                        landscaping shall be irrigated. All new construction projects shall
                        require underground sprinkling.

     c.     Security. There must be a security presence in place on the property at all times,
            either by licensed security guard(s) and/or security cameras. A floor plan with
            security details is required.

     d.     Chemical waste and plant disposal plan. A list of all chemicals used in testing
            and how they will be disposed of must be provided. The plan must also show
            how marihuana plants and products will be disposed.

5.   Secure Transporter Requirements:

     a.     Storage. Marihuana and supplies, materials or money shall not be kept in any
            secure transport vehicle overnight. Outdoor storage, excluding transport vehicles
            is prohibited.

     b.     Building and Site Amenities. All Secure Transporter buildings must meet the
            following amenity requirements:

                   i. Canopy. Buildings must have a canopy or decorative awning over the
                        main entrance to the building.
                   ii. Lighting. Ornamental lighting is required on the exterior of the
                        building at all ingress and egress doors.
                   iii. Landscaping Plan. Decorative landscaping shall be provided and all
                        landscaping shall be irrigated. All new construction projects shall
                        require underground sprinkling.

     c.     Security. There must be a security presence in place on the property at all times,
            either by licensed security guard(s) and/or security cameras. A floor plan with
            security details is required.




                                          -225-
Figure 23.2




   -226-
SECTION 2334: SIGNS

1.   Purpose and Intent: The purpose of these requirements is to provide a framework
     within which the identification and informational needs of all land uses can be
     harmonized with the desires and aesthetic standards of the general public. It is a basic
     tenet of this Section that unrestricted signing does not benefit either private enterprise or
     the community-at-large. It is intended through the provisions contained herein to:

     a.     Give recognition to the legitimate needs of business, industry and other activities,
            in attaining their identification and informational objectives.

     b.     Reflect the primary purpose of signing as being the identification of a particular
            user or use on a property, but not necessarily every activity or service performed
            thereon.

     c.     Promote signs that are visible and can be readily seen from moving vehicles with
            the least amount of distraction and to prevent confusion that may cause abrupt,
            unsafe vehicular maneuvers.

     d.     Improve the quality of community life by encouraging signs compatible with the
            overall street setting and neighborhood character, appropriate and in harmony
            with the principal activities and structures being served and to promote legible
            signs in scale with the area in which they are seen.

     e.     Protect the public welfare and enhance the urban landscape by providing signs
            that do not create problems due to excessive size, height, number, or movement
            for users of public rights-of-way or contiguous properties.

     f.     Avoid excessive signing in order to give each business or use optimum visibility
            to passer-by traffic and if possible, prevent urban clutter, and to prevent one sign
            from blocking the view of another sign.

     g.     Retain property values by reducing visual blight because of such factors as
            clutter, poor maintenance, and light glare.

     h.     Safeguard the public use and nature of streets and sidewalks for pedestrian and
            vehicular traffic.

     i.     Support and complement the land use objectives of the Master Land Use Plan
            and this ordinance.

     j.     Place and size signs in such a way that scenic views are respected and visual
            obstructions to the natural landscape are minimized.

     k.     Place and size signs in such a way to prevent visual obstructions in traveled
            rights-of-way that may obscure traffic signs, distract motorists or impair drivers’
            sight lines.
                                            -227-
     l.     Protect the character of the City by encouraging the design of signs that reflect
            the City's favorable environment as an urban, waterfront community.

     m.     Maintain and enhance economic stability by retaining aesthetic appeal to
            residents and visitors, and encourage signing practices that will complement the
            City's character and natural environment.

     n.     Promote safety and security in and around businesses.

2.   Jurisdiction: Signs not strictly permitted are prohibited. A permit shall be obtained for
     the erection, construction, alteration and/or replacement of any sign; except as
     hereinafter provided.

     All regulated signs shall be approved by the city as to their conformance with the
     requirements of this Ordinance. The applicant shall provide the following:

     a.     Total display area of the sign in square feet

     b.     Proposed setback of the sign from the road right-of-way, drives and adjacent
            properties

     c.     Sign type, purpose and height, and ground clearance if applicable

     d.     Height and width of building if the sign is a wall or wall projecting type

     e.     Lighting, type and screening, as appropriate.

     f.     Landscaping plans, as appropriate.

     g.     Site area and frontage

     h.     Site and building photos.

3.   General Requirements:

     a.     Maintenance: All signs and sign structures shall conform to all applicable codes
            adopted by the city. Signs shall be installed in a workmanlike manner and be
            maintained at all times in a state of good repair, with all braces, bolts, clips,
            supporting frame, and fastenings free from deterioration, insect infestation, rot,
            rust or loosening. All signs shall be kept neatly finished, including all metal
            parts and supports that are not galvanized or made of rust-resistant metals.

     b.     View: Signs erected in the city shall not obstruct the clear view of traffic. If the
            location or design of a sign may result in a conflict with pedestrian or vehicular
            movement or circulation, the city may require a clearance of up to ten (10) feet

                                            -228-
            from the finished grade level or curb elevation to the lowest part of such sign or a
            front setback of up to ten feet.

     c.     Out-of-Business Establishment: If a sign advertises a business, attraction, or
            other enterprise or activity that is no longer operating or being offered or
            conducted, that sign shall be considered abandoned and the sign faces shall be
            removed and replaced with blank faces within sixty (60) days after written
            notification from the city to the sign owner, owner of the property where the sign
            is located, or other party having control over said sign. Any expense incurred by
            the city incidental to removal shall be paid by the sign owner, owner of the
            property or other party having control over the sign. The expenses associated
            with sign removal may constitute a lien upon the property to be collected in the
            same manner as real property taxes.

     d.     Electrical signs: Signs erected shall comply with the appropriate electrical code.

     e.     Anchoring and safety: All pole signs shall be mounted on steel poles and shall
            meet wind loading limits as designated in the Building Code.

     f.     Illumination: Any light used for the illumination of a sign shall be so that the
            light will not shine directly on adjacent properties or create a traffic hazard or
            distraction to operators of motor vehicles on public thoroughfares. Every
            external artificial light source shall be directed solely to, and concentrated
            sharply on, the sign.

     g.     Area measurement: The area of a sign shall be measured from the outside of the
            sign structure, on only one (1) face of the sign, and shall include the sign message
            and all of the elements of the matter displayed. Sign supports that do not form an
            integral part of the sign message or display shall be excluded from the sign area
            calculation.

     h.     Historic Districts: All properties in designated historic districts shall comply
            with the standards of the Historic District Commission.

4.   Prohibited Signs (all districts): The following listed signs are prohibited in any zoning
     district of the City: [amended 6/03, 7/05, 12/07]

     a.     A sign displaying intermittent lights and lights resembling the flashing lights
            customarily used in traffic signals, or police, fire, ambulance, or rescue vehicle or
            signs which imitate official traffic directional signs or devices.

     b.     A sign using the words, "Stop", "Danger", or any other words, phrases, symbols,
            or characters, in such a manner as to interfere with, mislead, or confuse a vehicle
            driver.

     c.     Signs affixed to trees, shrubs or similar natural features.

                                            -229-
     d.     Signs affixed to fences or utility poles or structural elements not capable to
            support such signs except community promotional banners permitted under
            “Exempt Signs.” [amended 2/04]

     e.     Any sign which obstructs the ingress or egress from a required door, window, or
            other required exit.

     f.     Signs on parked vehicles where the sign is the primary use of the vehicle.

     g.     Banners used as permanent signs.

     h.     Temporary signs and devises including inflatable devices, pennants, pinwheels,
            searchlights or other devices with similar characteristics, except when used
            temporarily for periods not to exceed fifteen (15) days to announce the opening
            of a new type of business or use by a new owner.

     i.     Inverted "T" signs with spider legs, with or without wheels where lettering can be
            changed, rearranged or altered (see also definition of “portable” sign:

     j.     Signs which overhang or extend into a dedicated public right-of-way without the
            written consent of the city. Any signs which encroach upon the public right-of
            way do not qualify as legal nonconforming signs. Such signs shall be considered
            an illegal use and shall be removed, unless an encroachment agreement was
            obtained from the City Commission.

     k.     Signs that have concrete foundations or other solid anchoring devices that project
            above the surface of the ground more than 18” (eighteen inches).

     i.     Signs which are painted, placed or constructed directly on or project from a roof.

     j.     Off-premise signs except billboards regulated herein or tourist oriented
            directional signs placed in cooperation with the City.

     k.     Signs with visible moving, revolving, rotating parts, or visible mechanical
            movement of any description or other apparent visible movement achieved by
            electrical, electronic, or mechanical means.

     l.     Externally illuminated signs which can bleed light, interfere with the city’s “night
            sky” objectives, cast glare in the public right-of-way distracting drivers, and
            shining into adjacent residential areas interfering with resident’s enjoyment of
            their personal property.

5.   Exempt Signs: The following signs, provided such signs are established in a lawful
     manner and placed so as not to cause a nuisance or create a safety hazard, are permitted
     without a permit: [amended 6/03, 8/05, 4/06, 12/07, 6/10]



                                           -230-
a.   One real estate sale and "For Rent" or "Lease" or construction sign per property
     not exceeding eight (8) square feet in display area when located within a
     residential district. For all other districts, one real estate sale and "For Rent" or
     "Lease" sign per major bordering street complying with the standards of Table II.
     In all districts, a building undergoing construction or major renovation may have
     one building wrap covering no more than 40% of one face of the building
     bordering a street. The building wrap must be removed at such time that the
     construction or renovation project is complete or a certificate of occupancy has
     been issued. All building wraps must be neatly hung, taut and secure, and
     presentable and may not pose a hazard to public safety.

b.   On-site political campaign signs not exceeding thirty-two (32) square feet in
     display area. It is recommended that they are not erected any sooner than thirty
     (30) days prior to the scheduled day of election for which they are made and
     removed within 10 days of the election.

c.   "No Hunting", "No Trespassing", and on-premise "Garage Sale" signs not
     exceeding four (4) square feet in display area.

d.   On-premise directional signs approved as part of the site plan process not
     exceeding two signs per road frontage and not exceeding six (6) square feet in
     display area or four (4) feet in height. Not more than twenty-five (25%) of the
     area of any directional sign may be devoted to business identification or logo.

e.   Signs identifying a building's address and/or the names of the occupants but not
     exceeding four (4) square feet in display area.

f.   Historic markers, wall signs identifying the names of a building or date of
     erection of a structure. [amended 12/09]

g.   Official notices of any court or public agency not exceeding twelve (12) square
     feet in display area.

h.   Window signs may be up to twenty five percent (25%) of the total window area
     of the commercial portion of the first floor of the front building face. This
     allotment may be divided between multiple windows on the commercial portion
     of the building.

i.   Traffic control, directional, warning, or informational signs when authorized by a
     public agency having appropriate jurisdiction.

j.   Signs required by federal or state agencies in connection with federal or state
     grant projects and programs.

k.   The flags of government or noncommercial institutions.

l.   One additional flag per premise.
                                    -231-
m.   Banners, provided: [amended 6/10]

     1)    Banners must be made of plastic, vinyl or another similar material of
           professional quality.

     2)    Banners must be neatly hung, taut and secure.

     3)    Banners may not pose a hazard to public safety.

     4)    Banners must be located on the property of the applicable business or
           institution and not located in public rights of way.

     5)    Banners shall not be displayed longer than 90 days. This shall not
           prohibit a new banner with a new message from being placed or hung
           after a previous banner has been removed.

     6)    A business or institution with up to 140 feet of frontage is limited to one
           (1) banner per frontage of no more than 32 square feet.

     7)    A business or institution with between 141 and 280 feet of frontage is
           limited to two (2) banners totaling no more than 48 square feet.

     8)    A business or institution with 281 feet of frontage or more is limited to
           three (3) banners per frontage totaling no more than 96 square feet.

     9)    A large community special event normally having 5,000 or more
           attendees that has received approval from the Special Events Committee,
           may display banners for up to 45 days prior to their special event and
           until 10 days after the special event has been held. Such banners would
           be required to comply with regulations m(1) through m(4) above but they
           would not be limited to the size and number requirements mentioned in
           items m(6) through m(8) above.

     10)   Sporting venues, theaters or athletic stadiums hosting events, other than
           their principal and routine uses, may have banners displayed outside the
           stadium, theater or venue building for up to 45 days prior to their special
           event and until 10 days after the special event has been held. These
           banners must comply with regulations m(1) through m(4) above and may
           be no larger than 10% of the front building face, if placed on a building.
           If the banner is not placed on a building, the banner would have to
           comply with the size and height requirements of Table II, similar to a
           permanent free standing sign. Regardless of if the banner is being located
           on a building or if it is hung freestanding from supports, banners in this
           section are limited to one per road frontage.



                                  -232-
     n.     Community promotional banners attached to poles located on City property may
            be allowed by permission of the Zoning Administrator, provided: [amended 2/04]

            1)     Banners must be made of plastic, vinyl or another similar material of
                   professional quality.

            2)     Banners must be neatly hung, taut and secure.

            3)     Banners may not pose a hazard to public safety.

            4)     An agreement will be in place with the owner of the pole.

o.   Sidewalk Signs: Sidewalk signs shall conform to the following regulations:


     1)     General Requirements.

            a.     Sign Standards. Sidewalk signs shall conform to the
                   following regulations:

                   i.     A maximum of one (1) sidewalk sign per individual retail
                          use/retail service business
                          (including restaurants) is permitted.
                   ii.    Sign face area shall not exceed a maximum of ten (10) square feet.
                           The area of a sign shall be measured as the area within a single,
                          continuous perimeter composed of any straight line geometric
                          figure which encloses the extreme limits of wiring, representation,
                          emblem, logo or any other figure of similar character forming an
                          integral part of the display, excluding only the support or other
                          structure necessary to support the sign.
                   iii.   Sign face width shall not exceed a maximum of thirty (30) linear
                          inches as measured
                          from the outer edge of the sign support or structure.
                   iv.    Signs shall not exceed a maximum sign height of four (4) feet as
                          measured from the
                          highest point of the sign to the finished grade of the ground
                          immediately beneath the sign.
                   v.     All signs shall be designed and constructed to withstand
                          reasonable natural weather elements.
                   vi.    Signs shall be designed and constructed to ensure the sign does
                          not blow over, block walkways, and/or obstruct or interfere with
                          pedestrian or vehicular traffic. Owner shall be responsible for
                          maintenance and must take such measures as necessary to secure
                          the sign including utilizing weighting material or removal during
                          extreme conditions.



                                          -233-
                   vii.    Signs shall be maintained free of peeling paint or paper, fading
                           staining, rust or other condition which impairs legibility or
                           intelligibility.
                   viii.   Sign supports, braces, poles and anchors shall be maintained in
                           such a manner as not to cause a hazard.
                   ix.     If signs are not properly maintained and pose a threat to the public
                           health, safety and welfare, or are illegally located in the public
                           right-of-way, the city shall have the right to remove the sign.
                           Accordingly, the city shall pass on all removal costs to the owner.
                   x.      No sign shall contain any moving or animated parts, nor have the
                           appearance of having any moving or animated parts.
                   xi.     All signs shall be of professional quality.

            b.     Sign Placement. Sidewalk signs shall meet the following placement
                   criteria:
                   i.       Signs shall be portable and shall not be permanently affixed to any
                            structure or sidewalk and shall be removed at the end of each
                            business day.
                   ii.      Signs shall be placed only on sidewalks that are wide enough to
                            allow for a width of at least five (5) linear feet for the unrestricted
                            pedestrian movement beyond the placement of the sign.
                   iii.     Signs shall only be placed on the sidewalk in front of the business
                            it is advertising and shall be limited to one per business.
                   iv.      Signs shall be a minimum of forty-eight (48) linear inches from
                            any obstructions within the sidewalk right-of-way including but
                            not limited to newspaper boxes, outdoor tab les/seating, trees and
                            tree grates, bicycle racks, trash receptacles, or any other item
                            impeding pedestrian or wheelchair movement. Sign placement
                            shall be in conformance with all Americans with Disabilities Act
                            requirements.
                   v.       Signs shall be a minimum of ten (10) linear feet from a building
                            corner or pedestrian crosswalk.
                   vi.      Signs shall be placed so the base of the sign is a minimum of ten
                            (10) linear feet from the base of any other sidewalk sign.
                   vii.     No sign shall be placed in the terrace area between the sidewalk
                            and street.
                   viii. If an encroachment agreement is necessary, such agreement shall
                            be obtained from the City Commission.

            c.      Lighting and Display Hours. Signs shall not be illuminated and shall be
                   displayed only during daylight hours between sunrise and sunset.

p.   Signs located in a legally operating sports venue, either publicly or privately owned,
     shall be considered exempt signage, as long as the sign is erected for the sole purpose of
     its message being read only by the spectators attending the sporting event in the
     stadium, racetrack, or other type of sporting venue. All signs of sufficient height or size
     serving a dual purpose of being seen by the spectators of the event and displaying to
                                           -234-
         those not attending the sporting event, will not be considered exempt signage. This
         type of signage may be used in addition to any other permitted signage allowed under
         this ordinance.

     q. Signs describing on-site sustainability efforts, no larger than four square feet in size.



6.      Permitted signs in all residential and mobile home park districts:

        a.      Entranceway monument signs are permitted for residential developments of up to
                twelve (12) square feet. One sign for each major public road frontage may be
                provided. Signs shall not exceed eight feet in height.

        b.      Internally illuminated monument signs of up to thirty-two (32) square feet, not
                exceeding eight (8) feet in height, and internally lit wall signs up to twenty-four
                (24) feet for lawful institutional uses such as churches and schools. [amended
                7/06]

        c.      Legal business uses in residential districts are permitted signage as allowed in the
                B-1 zoning district, except for those uses otherwise addressed in this section.
                [amended 4/02]

        d.      One (1) non-illuminated wall sign of up to eight (8) square feet for a home
                occupation. [amended 12/01]

        e.      Changeable copy or message boards shall be part of a fixed, permanent sign and
                shall have rigid letters. Electronic message boards are prohibited.

        f.      Electronic message boards shall be permitted for all churches and businesses
                granted a special use permit to operate in a residential district, provided:

                1)      One electronic message board shall be permitted per premise.

                2)      Electronic message boards shall be dimmed at dusk.

                3)      Electronic message boards shall not be permitted for home businesses.


7.      Permitted signs in the MC, B-2, B-3, B-4, B-5, I-1, and I-2 zones: [amended 1/04,
        10/05]

        a.      Scope: Signs shall pertain exclusively to the business carried on within the
                building.

        b.      Lighting: Signs may be illuminated, but no flashing or moving illumination shall
                be permitted.
                                                -235-
c.   Number: One monument, or pole sign is permitted per property, regardless of
     the number of businesses there, except that one additional freestanding sign may
     be erected per road frontage when the development has parallel frontage on at
     least one major street or corner frontages on at least one major street, totaling
     over 500 linear feet. Properties with frontage on Muskegon Lake are permitted
     an additional monument or pole sign on the water frontage only.
d.   Wall, Awning or Braquet Signs, Size: Signs shall not exceed ten (10) percent of
     the surface area of the commercial portion of the front building face and may be
     placed on any wall. In the case where the building is over one hundred feet
     (100’) from the road, this allotment may be 15% of the front face of the
     storefront. In the case where the building is over 300 feet from the road, this
     allotment may be 20% of the front face of the storefront. In the case where the
     property has parallel frontage on at least one major street or corner frontage on at
     least one major street, this allotment may be 15% of the front face of the
     storefront.

e.   Wall, Awning or Braquet Signs, Placement: Signs shall be placed against the
     principal building or on a canopy. Signs shall not project above the roof line or
     cornice. No wall sign shall interrupt or conceal the architectural details of a
     building. A sign attached to a mansard shall be considered a wall sign.

f.   Changeable copy or electronic message boards: Shall be permitted provided:

     4)     One changeable or electronic message board shall be permitted per
            premise.

     5)     Changeable copy boards shall be part of a fixed, permanent sign and shall
            have rigid letters.

     6)     Electronic message boards shall be dimmed at dusk.

     7)     Electronic message board supports shall be at least seventy-five (75) feet
            from any residential use or zone.

g.   Free-standing signs:

     1)     Setback: The leading edge of the sign must be out of the public right-of-
            way. Signs must be a minimum of 10 feet from a neighboring sign.

     2)     Ground clearance: Ground clearance shall accommodate clear vision
            needs of the site.

     3)     Area and Height: All signs shall comply with Table II.




                                    -236-
8.   Permitted signs in the B-1, Waterfront Marine Zone, Open Space Conservation,
     Open Space Recreation, and Lakefront Recreation Districts: [amended 1/04, 6/07]

     a.    Scope: Signs shall pertain exclusively to the business carried on within the
           building.

     b.    Lighting: Signs may be illuminated, but no flashing or moving illumination shall
           be permitted.

     c.    Number: One monument sign is permitted per property regardless of the number
           of businesses there. Properties with frontage on Muskegon Lake are permitted an
           additional monument or pole sign on the water frontage only.

     d.    Wall, Awning or Braquet Signs, Size: Signs shall not exceed ten (10) percent of
           the surface area of the commercial portion of the front building and may be
           placed on any wall. In the case where the building is over one hundred feet (100’)
           from the road, this allotment may be 15% of the front face of the storefront. In
           the case where the building is over 300 feet from the road, this allotment may be
           20% of the front face of the storefront. In the case where the property has
           parallel frontage on at least one major street or corner frontage on at least one
           major street, this allotment may be 15% of the front face of the storefront.

     e.    Wall, Awning or Braquet Signs, Placement: Signs shall be placed against the
           principal building or on a canopy. Signs shall not project above the roof line or
           cornice. No wall sign shall interrupt or conceal the architectural details of a
           building. A sign attached to a mansard shall be considered a wall sign.

     f.    Changeable copy or message boards: Shall be part of a fixed, permanent sign
           and shall have rigid letters. Electronic message boards are prohibited.

     g.    Electronic message boards, provided:

           1) One electronic message board shall be permitted per premise.

           2) Electronic message boards shall be dimmed at dusk.

     h.    Free-standing signs:

           1)     Setback: The leading edge of the sign must be out of the public right-of-
                  way. Signs must be a minimum of 10 feet from a neighboring sign.

           2)     Clear vision: Signs shall not obstruct clear vision requirements for
                  motorists.

           3)     Area and height: Signs shall comply with the area requirements of Table
                  II and shall not exceed eight feet (8’) in height. However, any parcel with

                                          -237-
                   frontage on a highway shall be allowed to follow the height restrictions in
                   Table II.

9.    Permitted signs in the WI-PUD District:

      a.    Scope: Signs shall pertain exclusively to the business carried on within the
            building.

      b.    Lighting: Signs may be illuminated, but no flashing or moving illumination shall
            be permitted.

      c.    Number: One monument sign is permitted per approved PUD regardless of the
            number of businesses there.

      d.    Directional signs: On-site directional signs shall be approved as part of the
            planned unit development process.

      e.    Wall, Awning or Braquet Signs, Size: Signs shall not exceed ten (10) percent of
            the surface area of the front face of the building and may be placed on any wall.
            In the case where the building is over one hundred feet (100’) from the road, this
            allotment may be 15% of the front face of the building. In the case where the
            building is over 300 feet from the road, this allotment may be 20% of the front
            face of the storefront.

      f.    Changeable copy or message boards: Shall be part of a fixed, permanent sign
            and shall have rigid letters. Electronic message boards are prohibited.

      g.    Free-standing signs:

            1)     Setback: The leading edge of the sign must be out of the public right-of-
                   way. Signs must be a minimum of 10 feet from a neighboring sign.

            2)     Clear vision: Signs shall not obstruct clear vision requirements for
                   motorists.

            3)     Area and height: Signs shall comply with the area requirements of Table
                   II and shall not exceed eight feet (8’) in height.

10.   Campus Signage: [amended 4/05]

      a.    Scope: Signs shall pertain exclusively to the business(es) carried on within the
            campus area. These regulations shall apply to any campus situation in any
            zoning district.

      b.    Lighting: Signs may be illuminated, but no flashing or moving illumination
            shall be permitted.

                                           -238-
c.   Number: One (1) monument, or pole sign is permitted per campus, to be located
     in a prominent location such as the intersection of two major road frontages or
     near a main campus building (but not at a drive entrance) on the campus property
     in order to identify the major point of presence for the campus. In addition, one
     (1) monument, or pole sign is permitted per entrance/exit to the campus proper.
     In addition, one (1) campus “map” sign is permitted per parking area of ten
     thousand (10,000) square feet or more, interior to the campus itself. One (1)
     free-standing sign is permitted, for identification purposes only, for each building
     located on the campus, for identification purposes only.

d.   Wall, Awning or Bracket Signs, Size: Signs shall not exceed ten (10) percent of
     the surface area of the commercial portion of the front building face for any
     building located on the campus and may be placed on any wall. If a free-standing
     building identification sign is to be used for a particular building, the size of such
     sign will be subtracted from the total amount of wall signage allowed for the
     building.

e.   Wall, Awning or Bracket Signs, Placement: Signs shall be placed against the
     principal building or on a canopy. Signs shall not project above the roof line or
     cornice. No wall sign shall interrupt or conceal the architectural details of a
     building. A sign attached to a mansard shall be considered a wall sign.

f.   Changeable copy or electronic message boards: Shall be permitted provided:

     8) One changeable or electronic message board shall be permitted per campus.

     9) Changeable copy boards shall be part of a fixed, permanent sign and shall
        have rigid letters.

     10) Electronic message boards shall be dimmed at dusk.

     11) Electronic message board supports shall be at least seventy-five (75) feet
         from any residential use.

g.   Free-standing signs:

     1)     Setback: The leading edge of the sign must be out of the public right-of-
            way. Signs must be a minimum of 10 feet from a neighboring sign.

     2)     Ground clearance: Ground clearance shall accommodate clear vision
            needs of the site.

     3)     Area and Height:

               i.   Signs identifying the major point of presence of the campus shall
                    be in accordance with Table II.

                                     -239-
                       ii.   Free-standing signs located at campus entrances and exits may not
                             be larger than thirty-two (32) square feet, and must be no higher
                             than fifteen (15) feet.
                      iii.   Map signs may not be larger than twenty four (24) square feet, and
                             must be no higher than six (6) feet.
                      iv.    Free-standing building identification signs may not be larger than
                             fifteen (15) square feet, no higher than six (6) feet, and must be
                             ground-mounted, monument signs only.

      h.     Informational and Directional Signs.

             1)      No permits shall be required for informational or directional signs having
                      a maximum area of six (6) square feet.


11.   Multi-Suite Buildings: [amended 1/04]

      In the case of a building divided into more than one suite, where not every suite has
      direct access and exposure to the outside, this ordinance recognizes that signage needs
      are unique. As part of the site plan review for these buildings, the Zoning Administrator
      will work with the applicant to determine the most reasonable and practical use of
      signage for the site. The intent of this ordinance is that each suite, regardless of size,
      access or exposure, is reasonably afforded space for both wall signage and free-standing
      signage, with the amount of signage to be determined during the site plan review
      process. In the case of an existing multi-suite building which would not otherwise
      require a site plan review, a minor site plan review will be required in order to determine
      signage needs and allotment.

      a.     Number: The Zoning Administrator may allow free-standing and wall signage in
             addition to what is already allowed for these properties, as long as not more than
             three (3) total free-standing signs are permitted and wall signage of not more than
             a total of twenty percent (20%) of the surface area of the commercial portion of
             the front building face is allowed.

      b.     Wall, Awning or Braquet Signs, Placement: Signs shall be placed against the
             principal building or on a canopy. Signs shall not project above the roof line or
             cornice. No wall sign shall interrupt or conceal the architectural details of a
             building. A sign attached to a mansard shall be considered a wall sign.

      c.     Free-Standing Signs:

             1)      Placement: Placement of all free-standing signs permitted on the site will
                     be determined by the Zoning Administrator. The leading edge of the sign
                     must be out of the public right-of-way. Signs must be a minimum of 10
                     feet from a neighboring sign.



                                             -240-
            2)     Ground clearance: Ground clearance shall accommodate clear vision
                   needs of the site.

            3)     All free-standing signs will be required to comply with Table II.

12.   Permitted billboards:

      a.    Overlay: Billboards are hereby permitted in the following areas as a overlay
            districts regardless of the underlying zone:

            1)     Within 300 feet of the U S. 31 right-of-way, between the South Branch of
                   the Muskegon River and Sherman Boulevard, provided there are no more
                   than 8 sign faces on the entire corridor. Back-to-back signs count as one
                   sign face. Display area is limited to 672 square feet.

            2)     On Sherman Boulevard frontage, East of Barclay to the city limits;
                   provided there are no more than 4 sign faces on the entire corridor. Back-
                   to-back signs count as one sign face. Display area is limited to 300 square
                   feet.

            3)     On the West side of Henry Street frontage, South of Hackley to the city
                   limits; provided there are not more than 2 sign faces on said stretch of
                   roadway. Back-to-back signs count as one sign face. Display area is
                   limited to 300 square feet.

            4)     On the East side of Henry Street frontage, South of Windsor to the city
                   limits; provided there are not more than 2 sign faces on said stretch of
                   roadway. Back-to-back signs count as one sign face. Display area is
                   limited to 300 square feet.

            5)     On Laketon Avenue frontage, East of Getty to the city limits; provided
                   there are not more than 2 sign faces on said stretch of roadway. Back-to-
                   back signs count as one sign face. Display area is limited to 300 square
                   feet.

            6)     On Laketon Avenue frontage, between Seaway and Fifth; provided there
                   are not more than 2 sign faces on said stretch of roadway. Back-to-back
                   signs count as one sign face. Display area is limited to 300 square feet.

            7)     On Northbound Seaway frontage, between Hackley and Dale; provided
                   there are not more than 2 sign faces on said stretch of roadway. Back-to-
                   back signs count as one sign face. Display area is limited to 672 square
                   feet.

            8)     On Southbound Seaway frontage, South of Hackley to the city limits;
                   provided there are not more than 2 sign faces on said stretch of roadway.

                                          -241-
            Back-to-back signs count as one sign face. Display area is limited to 672
            square feet.

     9)     Within 500 feet of U.S. business 31, Southwest of the Southern branch
            of the Muskegon River to Eastern Avenue, provided there are not more
            than 6 sign faces on said stretch of roadway. Back-to-back signs count as
            one sign face. Display area is limited to 672 square feet.

     10)    On the East side of Getty, South of Keating to city limits, provided there
            are not more than 2 sign faces on said stretch of roadway. Display are is
            limited to 300 square feet.

b.   Cap: A community cap of total allowable billboards is hereby placed at 32 total
     faces. In order for a new billboard permit to be issued, two faces and the
     associated supporting structure(s) controlled by the applicant must be removed
     from the city including, without limitation, billboards in excess of the number
     allowed in any given overlay zone and billboards outside an overlay district.
     When the 32 face cap is attained the ratio of trade-off shall be one for one.

c.   Standards: All billboards shall comply with the following:

     1)     Spacing: Billboard supports shall be at least seventy-five (75) feet from
            any residential use or zone and shall be spaced at least 300 feet from
            another billboard. Such distance shall not be measured from across a
            street. Billboards shall be at least 200 feet from the intersection of the
            following major streets; Henry, Laketon, Sherman, Barclay, Seaway and
            Getty.

     2)     Height: The top of the billboard shall not exceed 20 feet above the
            average grade on a vacant lot and 35 feet above the average grade on a lot
            with a principal structure. Average grade shall be determined by; the
            ground on which the billboard sits or; the grade of the abutting roadway,
            whichever is higher.

     3)     Lighting: Billboards on Seaway and U.S. 31 may be illuminated.
            Billboards in all other areas shall not be illuminated because of their
            potential to: bleed light, interfering with the City’s “night sky” objectives;
            cast glare in the public right-of-way, distracting drivers; take attention
            from on-premise businesses; shine into adjacent residential areas
            impacting resident’s enjoyment of their personal property.

     4)     Landscaping: A landscaped strip of at least twenty five square feet shall
            be located immediately adjoining the supporting structure of the
            billboard.

     5)     Setbacks: The leading edge of the sign face shall comply with setback
            requirements for the zone in which the billboard is located.
                                    -242-
13.   Existing Nonconforming Signs: [amended 1/04]

      It is the intent of this subsection is to permit the continuance of a lawful use of any
      conforming sign existing at the effective date of adoption of this section, although such
      sign may not conform with the provisions of this Section. It is the intent that
      nonconforming signs shall not be enlarged, expanded or extended. Further, it is the
      intent that nonconforming signs and shall be gradually eliminated and terminated upon
      their complete natural deterioration or accidental destruction. However, nonconforming
      signs may be repaired and maintained so as to continue the useful life of the sign. The
      continuance of all nonconforming signs within the City shall be subject to the following
      requirements:

      a.     Status: The burden of proving a sign is a legally nonconforming sign shall rest
             with the person claiming such status for the sign.

      b.     Structural Changes: The frame faces, supports, or other parts of any
             nonconforming sign shall not be structurally changed, altered, substituted, or
             enlarged unless the resultant changed, altered, substituted, or enlarged sign does
             not become more nonconforming or conforms to the provision of this Ordinance.
              Any nonconforming sign, billboard or portion thereof may be diminished in size
             or dimension without jeopardizing the privilege of nonconforming use.

14.   Removal: If the building official, zoning administrator or their authorized representative
      of the city determines that any sign regulated by this section is unsafe or constitutes a
      hazard to the public, such as obstructing vision of vehicle drivers or pedestrians, or has
      been constructed, erected or maintained in violation of the provisions of this section,
      after due notice, the official or inspector may remove the sign or require its immediate
      removal. Any expense incurred by the city incidental to the sign removal shall be paid
      by the sign owner, owner of the property where the sign is located, or other party having
      control over said sign.

      Any sign placed or erected in a public street, alley or right-of-way or other public place,
      which is not specifically permitted in such place, shall be deemed an unlawful sign and
      the department of the city having jurisdiction over the maintenance of such public place
      shall remove such sign. Such removal may be without written or other notice to the
      owner, lessee or person of the property adjacent to the public street, alley, right-of-way,
      or other public place upon which the sign is located.

                      TABLE II: Sign Area and Height Limitations

       Street Frontage*                   Maximum                        Maximum
          (linear ft.)                    Sign Area                       Height
         50 and under                         25                            15
             51-60                            34                            15
             61-70                            38                            15
             71-80                            42                            15
                                            -243-
              81-90                            46                             15
              91-100                            50                            15
             101-110                            54                            15
             111-120                            58                            15
             121-130                            62                            15
             131-140                            66                            15
             141-150                            70                            15
             151-160                            74                            20
             161-170                            78                            20
             171-180                            82                            20
             181-190                            86                            20
             191-200                            90                            20
             201-210                            94                            20
             211-220                            98                            20
             221-230                           102                            20
             231-240                           106                            20
             241-250                           110                            20
             251-260                           114                            25
             261-270                           118                            25
             271-280                           122                            25
             281- 290                          126                            25
             291-300                           130                            25
             301-310                           134                            25
             311-320                           138                            25
             321-330                           142                            25
             331-340                           146                            25
             341-350                           150                            25
             351-360                           154                            30
             361-370                           158                            30
             371-380                           162                            30
             381-390                           166                            30
             391-400                           170                            30
             401-410                           174                            30
             411-420                           178                            30
             421-430                           182                            30
             431-440                           186                            30
             441-450                           190                            30
             451-460                           194                            30
             461-470                           198                            30
             Over 470                          200                            30

* Resultant parcels from parcel splits shall comply with these standards.

Frontage for corner parcels with frontage on two major streets shall be averaged.

                                              -244-
             ARTICLE XXIV - ADMINISTRATION AND ENFORCEMENT

SECTION 2400: ENFORCEMENT

The provisions of this Ordinance shall be administered, interpreted, and enforced by the Zoning
Administrator, and those other members of the Department of Inspections to whom he has
delegated enforcement authority in the performance of their duties and any other peace officer.
In the exercise of their duties, the officials, directors, employees, representatives, police and
deputies shall have authority provided by law for the enforcement of Ordinances, including, but
not by way of limitation, the authority to issue and serve appearance citations, as provided by
Section 764.9(a) to 764.9(g) of the compiled laws of the State of Michigan, and the right to
enter private premises as provided by law.

SECTION 2401: DUTIES AND POWERS

The Zoning Administrator shall have the authority to grant zoning compliance and occupancy
permits, to make inspections of buildings or premises, and review plans necessary to carry out
his/her respective duties in the enforcement of this Ordinance.

The interpreting and applying the provisions of this Ordinance, they shall be held to be the
minimum requirements for the promotion of the public safety, health, morals, and general
welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any
Ordinance, rules and regulations, or permits previously adopted or issued and not in conflict
with any of the provisions of this Ordinance, or which shall be adopted or issued pursuant to law
relating to the use of buildings or premises and likewise not in conflict with this Ordinance; nor
is it intended by this Ordinance to interfere with or abrogate or annul any easements, covenants,
or other agreements between parties, provided, however, that where this Ordinance imposes a
greater restriction upon the use of buildings or premises or upon height of buildings, or requires
larger open spaces or larger lot areas than are imposed or required by such Ordinance or
agreements, the provisions of this Ordinance shall control.

SECTION 2402: BUILDING PERMITS

A building permit shall not be issued for the erection, alteration or use of any building or
structure or part thereof, or for the use of any land, which is not in accordance with all
provisions of this Ordinance.

SECTION 2403: CERTIFICATE OF OCCUPANCY

A certificate of occupancy shall not be issued by the Director of Inspections if there is any
noncompliance with the provision of this Ordinance.

1.     Exception

       All unfinished site improvements which are included on an approved site plan, or which
       are otherwise required by this Ordinance shall be constructed, installed or placed on the
       property, and be approved by the Inspections Department within six (6) months of
                                             -245-
       obtaining a Certificate of Occupancy or they shall constitute a violation of this
       Ordinance giving rise to the penalties for herein, and constitute a basis for relief in
       Circuit Court.

SECTION 2404: ZONE CHANGES AND AMENDMENTS

The City Commission may, from time to time, on recommendation from the Planning
Commission, or on its own motion, or on petition, amend, supplement, modify or change this
Ordinance in accordance with the authority of Act 207 of the Public Acts of 1921 as amended.

SECTION 2405: PETITIONS, FEES [amended 3/97] [amended 11/06]

Any person desiring an amendment or change in the map or in any other provision of this
chapter shall present to the City Commission, through the City Clerk, a petition for such
amendment or change, together with a fee in the amount specified in the City's Master Fee
Schedule as adopted by a resolution of the City Commission and in effect at the time of
application. Said fee is intended to cover the cost to the City of publishing legal notice of the
hearing and other reasonable administrative costs.

The Planning Commission shall hold a public hearing after notice, published in a newspaper of
general circulation, and by mail or personal service to all owners and residents of property
within three hundred (300) feet of the property. Such notice shall be served as required fifteen
(15) days prior to the hearing.

The Planning Commission shall make a report to the City Commission who may adopt such
amendments with or without amendments.

SECTION 2406: PROTEST PETITIONS

Upon presentation of a protest petition meeting the requirements of this ordinance, an
amendment to a zoning ordinance which is the object of the petition shall be approved by at
least a 2/3 vote of the City Commission. The protest petition shall be presented to the City
Commission before final legislative action on the amendment, and shall be signed by one (1) of
the following:

1.     The owners of at least twenty (20) percent of the area of land included in the proposed
       change.

2.     The owners of at least twenty (20) percent of the area of land included within an area
       extending outward one hundred (100) feet from any point on the boundary of the land
       included in the proposed change.

3.     For the purposes of subsections (a) and (b), publicly owned land shall be excluded in
       calculating the twenty (20) percent land area requirement.

SECTION 2407: VIOLATION AND PENALTIES [amended 5/12/98].

                                               -246-
Any person, firm, or corporation violating any of the provisions of the Zoning Ordinance shall
be responsible for a civil infraction. All such persons, regardless of their interest in property (for
instance, owner or occupant) may be responsible for the civil infraction.

SECTION 2408: PUBLIC NUISANCE PER SE

In addition to all other remedies, including the penalties provided in this Section of this
Ordinance, the City may commence and prosecute and take appropriate actions or proceedings
in a Court of competent jurisdiction, to restrain or prevent any noncompliance with, or violation
of, any of the provisions in this Ordinance, or to correct, remedy or abate such noncompliance or
violation. Buildings erected, altered, razed, or converted, or uses carried on in violation of any
provisions of this Ordinance or in violation of any regulations made under the authority of Act
207 of the Michigan Public Acts of 1921, as amended, are hereby declared to be a nuisance per
se, and the court shall order such nuisance abated.

SECTION 2409: RIGHTS AND REMEDIES ARE CUMULATIVE

The rights and remedies provided herein are cumulative and in addition to any other remedies
provided by law.

SECTION 2410: FORBEARANCE NOT CONDONED

Forbearance in enforcement of this Ordinance shall not be deemed condonation of any violation
thereof.

SECTION 2411: EACH DAY A SEPARATE OFFENSE

A separate offense shall be deemed committed upon each day during or when a violation occurs
or continues.

SECTION 2412: ZONING COMMISSION

The City of Muskegon Planning Commission is hereby designated as the Commission specified
in Act 285 of the Public Acts of 1931, as amended, and shall perform the duties of said
Commission as provided in the statute in connection with amendment of this Ordinance.




                                                -247-
           ARTICLE XXV - ZONING BOARD OF APPEALS [amended 11/00]

SECTION 2500: PURPOSE AND INTENT

The purpose of this Article is to insure that the objectives of this Ordinance are fully and
equitably achieved, that a means be provided for competent interpretation of this Ordinance, that
flexibility be provided for in the strict application of this Ordinance, that the spirit of the
Ordinance be observed, public safety secured and substantial justice done.

SECTION 2501:           CREATION AND MEMBERSHIP [amended 9/05] [amended 12/06]
[amended 1/07]

There is hereby established a Zoning Board of Appeals (ZBA), which shall perform its duties
and exercise its powers as provided in Section 5 of Act 207 of the Public Acts of 1921, as
amended, and in such a way that the objectives of this Ordinance shall be observed, public
safety secured, and substantial justice done. The ZBA shall consist of seven (7) members
appointed by the City Commission, and shall include one (1) member of the City Commission
and one (1) member of the Planning Commission. Every member shall be a legal resident of the
City. The term of the representative of the City Planning Commission and the term of the City
Commission representative shall expire with that of his/her Planning Commission or City
Commission office. The terms of all members except the representative of the City Planning
Commission and the City Commission shall be for periods of three (3) years each. A successor
member of the ZBA must be appointed not more than one month after the term of the preceding
member has expired. The ZBA shall annually elect its own Chairman and Vice-Chairman.

The presence of four (4) members shall constitute a quorum. The ZBA shall act by resolution.
The concurring vote of four (4) members of the ZBA shall be necessary to reverse any order
requirement, decision, or determination of the Zoning Administrator or body, or to decide in
favor of the applicant a matter upon which they are required to pass under an ordinance, or to
effect a variation in an ordinance, except that a concurring vote of 2/3 of the members of the
board is necessary to grant a variance from uses of land permitted in this ordinance.

The ZBA may call on any other City department for assistance in the performing of its duties,
and it shall be the duty of any such department to render such assistance to the ZBA as may
reasonably be required.

A member shall disqualify himself or herself from a vote in which the member has a conflict of
interest. Failure of a member to disqualify himself or herself from a vote in which the member
has a conflict of interest constitutes malfeasance in office. Malfeasance shall include but not be
limited to failure of members to disqualify themselves from a vote in which that member has a
conflict of interest. The City Commission shall remove a member of the ZBA for non-
performance of duty or malfeasance in office, upon written charges and after public hearing.

SECTION 2502: POWERS AND DUTIES

1.     Interpretation

                                              -248-
     The ZBA shall interpret the zoning text or map upon application. Where the street or lot
     layout actually existing, or as recorded, differs from the street and lot lines as shown on
     the zoning map, the ZBA after notice to the owners of the property and after public
     hearing, shall interpret the map in such a way as to carry out the intent and purpose of
     this chapter for the particular section or district in question. In case of any question as to
     the location of any boundary line between zoning districts, a request for interpretation of
     the zoning map may be made to the ZBA and a determination shall be made by the ZBA,
     solely for the purpose of applying or enforcing the zoning ordinance.

2.   Appeals

     The ZBA shall have the power to hear and decide appeals, filed as provided in the
     following section, where it is alleged by the appellant that there is error or
     misinterpretation in any order, requirement, decision, grant or refusal made by the
     Zoning Administrator or other administrative official in the carrying out or enforcement
     of the provisions of this chapter.

     In exercising its powers, the ZBA, in conformity with the provisions of this chapter and
     of Act 207 of the Public Acts of 1921 (MSA SS 5.2931 et seq.), as amended, may
     reverse or affirm, wholly or partly, or may modify the order, requirement, decision or
     determination appealed from, and may make such order, requirement, decision or
     determination as in its judgment ought to be made.

3.   Nonuse or Dimensional Variances

     The ZBA shall have the power to authorize upon appeal in specific cases, filed as
     required by this article, such nonuse or dimensional variances from the provisions or
     requirements of this chapter as will not be contrary to the public interest; but only in
     such cases where, owing to special conditions pertaining to a specific piece of property,
     the literal enforcement of the provisions or requirements of the chapter would cause
     practical difficulty.

     Where, by reason of the exceptional narrowness, shallowness or shape of a specific piece
     of property on the effective date of the ordinance from which this chapter is derived, or
     by reason of exceptional topographic conditions, or other extraordinary situation or
     condition of such piece of property, or of the use or development of property
     immediately adjoining the piece of property in question, the literal enforcement of the
     requirements of this chapter would involve practical difficulties, unnecessary to carry out
     the spirit and purpose of this chapter, the ZBA shall have the power to authorize a
     variance from such strict application, so as to relieve such difficulty and so that the spirit
     and purpose of this chapter be observed and substantial justice done. In authorizing a
     dimensional variance, the ZBA may attach thereto such conditions regarding the
     location, character, and other features of the proposed structure or use as it may deem
     necessary in the interest of the furtherance of the purposes of this chapter and in the
     public interest.



                                             -249-
     No such dimensional variance in the provisions of requirements of this chapter shall be
     authorized by the ZBA unless the ZBA finds, beyond reasonable doubt, that all the
     following facts and conditions exist:

     a.     That there are exceptional or extraordinary circumstances or conditions applying
            to the property in question or to the intended use of the property that do not apply
            generally to other properties or class of uses in the same zoning district.

     b.     That such dimensional variance is necessary for the preservation and enjoyment
            of a substantial property right possessed by other properties in the same zoning
            district and in the vicinity.

     c.     That the authorizing of such dimensional variance will not be of substantial
            detriment to adjacent property and will not materially impair the purposes of this
            chapter or the public interest.

     d.     That the alleged difficulty is caused by the Ordinance and has not been created by
            any person presently having an interest in the property, or by any previous owner.

     e.     That the alleged difficulty is not founded solely upon the opportunity to make the
            property more profitable or to reduce expense to the owner.

     f.     That the requested variance is the minimum action required to eliminate the
            difficulty.

     The nature of dimensional variance applications requires detailed information on the
     property that is not required or desired in interpretation or appeal applications. The
     following data shall accompany all applications for a nonuse or dimensional variance:

     a.     A plot plan showing the property layout, the alleged difficulty, and the minimum
            relief suggested for the difficulty.

4.   Use Variances

     The ZBA shall have the power to authorize upon appeal in specific cases, filed as
     required by this article, such use variances from the provisions or requirements of this
     chapter as will not be contrary to the public interest; but only in such cases where, owing
     to special conditions pertaining to a specific piece of property, the literal enforcement of
     the provisions or requirements of the chapter would cause unnecessary hardship.

     The purpose and intent of this Ordinance is that every landowner in the City of
     Muskegon should enjoy a beneficial use of their property. A use variance is a process by
     which the City evaluates the allegation that there is no beneficial use, and can provide
     relief from the regulations by granting additional development potential to provide a
     beneficial use of the property. It is also the intent of this Section that such relief not
     increase the potential for damaging the health, safety, or welfare of future users of the
     property or neighbors that might reasonably anticipated if the landowner were permitted
                                            -250-
       to engage in or construct the use proposed. Under no conditions shall a use variance be
       granted unless there is a finding of no beneficial use.
       No such use variance in the provisions of requirements of this chapter shall be
       authorized by the ZBA unless the ZBA finds that all the following facts and conditions
       exist:

       a.     That the property could not be used (put to a reasonable use) for the purposes
              permitted in that zone district.

       b.     That the plight is due to unique circumstances peculiar to the property and not to
              general neighborhood conditions.

       c.     That the proposed use would not alter the essential character of the area and will
              not materially impair the purposes of this ordinance or the public interest.

       d.     That the alleged hardship is caused by the Ordinance and has not been created by
              any person presently having an interest in the property, or by any previous owner.

       e.     That the alleged hardship is not founded solely upon the opportunity to make the
              property more profitable or to reduce expense to the owner.

       f.     That the requested variance is the minimum action required to eliminate the
              hardship.

       g.     That the use variance does not permit a use specifically identified by this
              Ordinance as a use excluded from the particular zone in which requested.

       h.     The extent to which the ordinance protect users or neighbors from threats to
              health, safety and welfare shall be considered. A use that seriously threatens the
              health of future residents or neighbors is not a beneficial or allowable use.

       i.     In no case shall a use that is a nuisance per se, or a use which in that particular
              location constitutes a nuisance, be granted as a use variance. Such uses are not
              legal uses of the land.

       The following data shall accompany all applications for a use variance:

       a.     A site plan must be submitted which meets the requirements of this ordinance.

       Every use variance approved by the ZBA shall require a time for completion of
       improvements.

SECTION 2503: APPEALS, APPLICATIONS, FILING PROCEDURE AND FEES [amended
3/97] [amended 11/06]

An application or appeal to the ZBA in cases in which it has original jurisdiction under the
provisions of this ordinance or state law, may be taken by any aggrieved parties, including a
                                             -251-
property owner or tenant, or by a governmental office, department, board or bureau. Such
application or appeal shall be filed with the Zoning Administrator, who shall transmit the same,
together with all the plans, specifications and other papers pertaining to the application, to the
ZBA.

Such application or appeal shall specify the grounds for appeal, or reason for application, and be
accompanied by a filing fee in the amount specified in the City's Master Fee Schedule as
adopted by a resolution of the City Commission and in effect at the time of application.

In the absence of a ZBA rule to the contrary, an appeal or application for interpretation to the
ZBA shall be taken by delivery to the Zoning Administrator on or before thirty (30) days after
the Zoning Administrator’s written decision has been delivered to the applicant. All
applications for appeals or interpretations shall specify the grounds for appeal or reason for
interpretation.

The ZBA shall decide all applications and appeals within thirty (30) days after completion of the
hearing thereon, and such decision shall become effective upon certification of the resolution of
the ZBA.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the
Zoning Administrator certifies to the ZBA after notice of appeal shall have been filed with him,
that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining
order which may, on due cause shown, be granted by the ZBA or by the circuit court on
application, after notice to the Zoning Administrator. The decision of the ZBA on an appeal
shall be final. However, a person having an interest may appeal to the circuit court.

No application for a variance which has been denied, wholly or partly, by the ZBA shall be
resubmitted for a period of one (1) year from the date of the last denial, except on the grounds of
newly discovered evidence or proof of changed conditions found upon inspection by the Zoning
Administrator to be valid.

SECTION 2504: HEARINGS, NOTICES, ADJOURNMENTS [amended 11/06]

1.     When an application or appeal has been filed in proper form and with the required date,
       the Zoning Administrator shall immediately place said application or appeal upon the
       calendar for hearing and cause notices, stating the time, place, and purposes of the
       hearing being served. Such notices shall be published in a newspaper of general
       circulation and served personally or by mail at least fifteen (15) days (excluding
       Saturdays, Sundays, and holidays) prior to the day of such hearing, upon the applicant or
       appellant, the Building Inspector, the owners of property and the occupants of single and
       two-family dwellings within three hundred (300) feet of the property in question. If the
       tenant's name is not known, the notice may be addressed to the occupant.

       Any party may appear at such hearings in person or be represented by agents, attorneys,
       or both.



                                               -252-
2.     Upon the day for hearing any application or appeal, the ZBA may adjourn the hearing in
       order to permit the obtaining of additional information, or to cause such further notice as
       it deems proper to be served upon such other property owners as it decides may logically
       be concerned with said application or appeal. In the case of an adjourned hearing,
       persons previously notified and persons already heard need not be notified of the time
       and resumption of said hearing unless the ZBA so decides.

3.     Hearing Procedure; Record; Due Process: The ZBA shall cause a complete record to be
       made at the hearing, including, without limitation, video or audio recordings, exhibits,
       documents, letters, photos, or computer records, as appropriate, and preserve same as the
       record of the hearing. Anyone applying for a variance shall have the right to counsel,
       cross-examination and all other rights comporting with procedural due process. The
       applicant may be required to deposit sufficient funds to pay for recording, preservation,
       transcription and duplication of the record, as a condition of proceeding.

4.     All decisions of the ZBA shall be in writing and demonstrate the basis for the decision
       from the record of the hearing.

SECTION 2505: TERMINATION OF VARIANCE

No order of the ZBA permitting or approving the installation of any improvement shall be valid
for a period longer than one (1) year, unless a Building Permit for such improvement is obtained
within thirty (30) days of the ZBA action, and such improvement is started and proceeds to
substantial completion in accordance with the terms and time limits set forth in the variance
decision.




                                             -253-
                              ARTICLE XXVI - [RESERVED]


                  ARTICLE XXVII - REPEAL OF PRIOR ORDINANCE

The Zoning Ordinance, Chapter 25 of the Code of Ordinances adopted by the City Commission
of the City of Muskegon, and all amendments thereto, are hereby repealed insofar as they
conflict with this Ordinance. The repeal of the above Ordinance and all amendments does not
affect or impair any act done, offense committed or right accruing, accrued or acquired, or
liability, penalty, forfeiture or punishment incurred prior to the time enforced, prosecuted, or
inflicted.

                            ARTICLE XXIII - VESTED RIGHT

Nothing in this Ordinance should be interpreted or construed to give rise to any permanent
vested rights in the continuation of any particular use, district, zoning classification or any
permissible activities therein; and, they are hereby declared to be subject to subsequent
amendment, change of modification as may be necessary to the preservation or protection of
public health, safety, and welfare.

                         ARTICLE XXIX - SEVERANCE CLAUSE

Sections of this Ordinance may be deemed to be severable and should any section, paragraph, or
provision hereof be declared by the courts to be unconstitutional or invalid, such holdings shall
not affect the validity of this Ordinance as a whole of any part thereof, other than the part so
declared to be unconstitutional or invalid.

                 ARTICLE XXX - ADOPTION AND EFFECTIVE DATE

Public hearings and all other legal requirements having been completed, the provisions of this
Ordinance are hereby effective, pursuant to the provisions of Section 4 of Act 207 of the Public
Acts of 1921, State of Michigan, as amended.

The effective date hereof shall be ten (10) days following publication of Notice of Adoption, or
May 15, 1987.




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