This chapter shall be known and may be cited as the "Muskegon Charter Township Zoning Ordinance."

(Ord. No. 7, § 1.1, 4-18-83)

The following listed rules of construction shall apply to the text of this chapter:

(1)

The particular shall control the general.

(2)

Except with respect to the definitions which follow in section 58-3, the headings which title a chapter, section or subsection are for convenience only and are not to be considered in any construction or interpretation of this chapter or as enlarging or restricting the terms and provisions of this chapter in any respect.

(3)

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

(4)

Unless the context clearly indicates to the contrary: words used in the present tense shall include the future tense; words used in the singular number shall include the plural number; and words used in the plural number shall include the singular number.

(5)

A "building" or "structure" includes any part thereof.

(6)

The word "person" includes a firm, association, partnership, joint venture, corporation, trust, municipal or public entity or equivalent entity or a combination of any of them as well as a natural person.

(7)

The words "used" or "occupied," as applied to any land, building or structure, shall be construed to include the words "intended," "arranged" or "designed" to be used or occupied.

(8)

The words "erected" or "erection," as applied to any building or structure, shall be construed to include the words "built," "constructed," "reconstructed," "moved upon" or any physical operation or work on the land on which the building or structure is to be built, constructed, reconstructed or moved upon, such as excavation, filling, drainage or the like.

(9)

The word "township" means the Township of Muskegon, County of Muskegon, Michigan.

(10)

The words "township board" means the Muskegon Township Board.

(11)

The words "planning commission" mean the Muskegon Township Planning Commission.

(12)

The words "board of appeals" mean the Muskegon Township Zoning Board of Appeals.

(13)

The words "building official" mean the Muskegon Township Building Official, or authorized agent.

(14)

The words "legal record" mean the circumstance where the legal description of a lot or parcel of land has been recorded as part of a document on record in the office of the register of deeds of the county.

(Ord. No. 7, § 2.1, 4-18-83)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Any word or term not defined herein shall be considered to be defined in accordance with its common or standard definition.

Accessory building or structure means a structure, building or portion or a main building or structure on the same lot or parcel of land as the main building or buildings, the use of which is of a nature customarily and clearly incidental and subordinate to that of the main building or structure.

Accessory use means a use of a nature customarily and clearly incidental and subordinate to the main use of the land, lot, building or structure.

Agriculture means any of the following:

(1)

Cultivation of the soil for the production of crops.

(2)

Horticulture.

(3)

Nurseries.

(4)

Hatcheries.

(5)

Poultry farms.

(6)

Dairy farms.

(7)

Apiaries.

Alcohol manufacturer means a person engaged in the manufacture of alcoholic liquor, including, but not limited to, a distiller, a rectifier, a wine maker, and a brewer.

Alley means a public controlled right-of-way not more than 30 feet wide affording only secondary means of vehicular access to abutting lots and land and which is not intended for general traffic circulation.

Altered or alteration means any change, addition or modification in the construction of any building or structure including, without limitation, any change in the supporting member, bearing walls, columns, posts, beams, girders or roof structure, any architectural change of the interior or exterior of a building or structure which may affect its structural integrity, or any addition to or diminution of a structure or building.

Basement means 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.

Boardinghouse means a dwelling where meals with or without lodging are furnished for compensation on a daily, weekly or monthly basis to three or more persons who are not members of the family occupying the dwelling.

Brewer means a person located in this state that is licensed to manufacture and sell to licensed wholesalers beer produced by it.

Brewery means 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.

Brewpub means an establishment with a license issued by the State of Michigan that authorizes the person licensed 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.

Buffer or green belt means a strip of land of specified width and location reserved for the planting of shrubs, trees and/or fences to serve as an obscuring screen or buffer strip.

Building means anything which is erected, including a mobile home, having a roof, which is used or erected for the shelter or enclosure of persons, animals or personal property or for carrying on business activities or other similar uses.

Building height means the vertical distance from the established grade of the center of the front of the building to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, and to the mean height level between eaves and ridge of a gable, hip or gambrel roof.

Cabins means any building, tent or similar structure, exclusive of hotels, motels, boardinghouses or tourist homes, which is maintained, offered or used for sleeping quarters for transients or for temporary residence.

Camp means temporary or permanent buildings, tents or other structures, together with the appurtenances pertaining thereto, established or maintained as living quarters for children or adults, or both, operated continuously for a period of five days or more, for recreation, education or vacation purposes, whether operated on a profit or nonprofit basis; provided, however, that buildings, tents or other structures maintained by the owner or occupant of a farm to house his farm labor shall not be considered a camp.

Carport means a partially open structure, intended to shelter one or more vehicles. Such structures shall comply with all yard requirements applicable to private garages.

Certificate of zoning compliance means a certificate issued by the official charged with administering this chapter to a party or parties intending to initiate any work or change any use of property in the township.

Condominium unit means that portion of a condominium subdivision designed and intended for occupancy and use by the unit owner consistent with the provisions of the master deed. A condominium is not a lot or a parcel as those terms are used in this ordinance.

Development or site plan means the drawings and specifications of a proposed development showing its topography, the location of buildings and structures, all nonenclosed uses, parking, loading and traffic handling facilities, storm drainage, typical floor plan, elevation drawings, a detailed statement of the proposed use or uses, and other relevant information, data and documentation concerning the proposed development, all in sufficient detail to enable the township to study and evaluate the proposed development.

Distiller means any person licensed to manufacture and sell spirits or alcohol, or both, of any kind.

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

District means an area of land for which there are uniform regulations governing the use of buildings and premises, density of development, yard requirements and height regulations.

Drive-in means a business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for vehicles to serve patrons while in or on the vehicle, rather than within a building or structure.

Drive-in restaurant means any restaurant designed to permit or facilitate the serving of meals, sandwiches, ice cream, beverages or other food, served directly to, or permitted to be consumed by, patrons in or on vehicles parked on the premises, or permitted to be consumed by patrons elsewhere on the site outside the main building.

Dwelling means a building, mobile home, premanufactured or precut dwelling structure designed and used for the complete living accommodations of a single family complying to the following standards:

(1)

Having a minimum living area of 860 square feet for a one- or two-bedroom dwelling, for three bedrooms or more 960 square feet of living area and with a minimum floor to ceiling height of 7.5 feet.

(2)

At least 50 percent of the longest side of a dwelling must also have a depth of not less than 24 feet.

(3)

Firmly attached to a solid foundation constructed on the site having a pitched roof and otherwise be in accordance with the township building code and having the same perimeter dimensions as the dwelling, which attached shall also meet all building codes or other applicable state regulations. In the case of a mobile home, the mobile home shall be secured to the premises by an anchoring system or device compatible with those required by the Michigan Mobile Home Commission pursuant to regulations promulgated under Act No. 419 of the Public Acts of Michigan of 1976 (MCL 125.1101 et seq., MSA 19.855(1) et seq.), as amended. All construction required herein shall be commenced only after a building permit has been obtained in accordance with the township building code.

(4)

No exposed wheels, towing mechanisms, undercarriage or chassis shall be permitted. Any space that may exist between the foundation and the ground floor of the dwelling shall be fully enclosed by an extension of the foundation wall along the perimeter of the dwelling.

(5)

The dwelling shall be connected to a public sewer and water supply or to such private facilities approved by the local health department.

(6)

The dwelling must contain steps connected to exterior door areas or to porches connected to the door areas where a difference in elevation requires the same.

(7)

The dwelling must contain no additions of rooms or other areas which are not constructed with an appropriate foundation and permanent attachment to the principal structure.

(8)

The dwelling, except for a mobile home, complies with all pertinent building and fire codes including, in the case of mobile homes, the standards for mobile home construction as contained in the United States Department of Housing and Urban Development (HUD) regulations entitled "Mobile Home Construction and Safety Standards," effective June 15, 1976, as amended. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction, those standards or regulations shall apply and supersede any such standards or regulations imposed by the township building code.

(9)

The dwelling is aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six inches on all sides, or alternatively with window sills and roof drainage systems concentrating roof drainage along the sides of the dwelling; with not less than two exterior doors with one being in the front of the dwelling and the other being in either the rear or side of the dwelling, contains firmly attached steps connected to the exterior door areas or to porches connected to the door areas where a difference of design and appearance shall be determined in the first instance by the township building official upon review of the plans submitted for a particular dwelling subject to appeal by an aggrieved party from the receipt of notice of the building official's decision. Any determination of compatibility shall be based upon the standards set forth in the definition of "dwelling" as well as the character of residential development outside of mobile home parks within 2,000 feet of the subject dwelling where such area is developed with dwellings to the extent of not less than 20 percent of the area; or where the area is not so developed, by the character of residential development outside of mobile home parks throughout the township. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.

(10)

Prior to locating a dwelling as herein defined on the property, application for a building permit, including plot plan and construction plans, shall be provided to the building official.

(11)

The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state law or otherwise specifically required in the ordinance of the township pertaining to such parks.

The definition of "dwelling" or "residence" shall also include energy-saving earth shelter homes either constructed with a completely earth-covered roof having a structural roof system with a slope of not less than one-half inch or rise per foot of run, or constructed with a roof which is not completely earth-covered having a slope with at least a five-inch rise for each 12 inches of run, and, in either case, containing at least one exposed vertical exterior elevation not less than 7½ feet in height by 24 feet in width designed and constructed in accordance with standard building code regulations pertinent thereto and without any accommodations for any dwelling units aboveground.

Dwelling, multiple family means a dwelling designed for use and occupancy by three or more families and having separate living, cooking and eating facilities for each family. Multiple family dwellings may include the fourplex, a building designed for use and occupancy by four families four dwelling units, having separate living, cooking and eating facilities for each family; the high rise apartment, a building designed for use and occupancy by more than 12 families and having separate living, cooking and eating facilities for each family, and being more than three stories in height; and the townhouse, a building designed for use and occupancy by more than six families, having separate living, cooking and eating facilities for each family, being not more than two stories in height, utilizing a minimum of land area for buildings, preserving the natural setting and landscaped areas and providing adequate and convenient offstreet parking.

Dwelling, single-family means a dwelling designed for use and occupancy by one family only.

Dwelling, two-family or duplex means a dwelling designed for use and occupancy by two families only having separate living, cooking and eating facilities for each family.

Dwelling unit means a room or suite of rooms designed for use and occupancy by one family only.

Educational institution means preschools, childcare, K-12 schools, colleges, and universities.

Educational institution garden means the use of food-producing bushes, trees and plants to teach students how their choices of food affect their health, the environment and their communities.

Essential public services means services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead electrical, gas, steam, water, sanitary sewerage, stormwater drainage, and communications systems and accessories thereto, such as poles, towers, wires, main drains, water storage tanks, conduit cables, traffic signals, pumps, lift stations and hydrants, but not including buildings.

Family means one or two persons or parents, with their direct lineal forbears and descendants, adopted children and legally placed foster children (and including the domestic employees thereof) together with not more than two persons not so related, living together in whole or part of a dwelling comprising a single housekeeping unit shall be considered a separate family.

Farm means all contiguous, neighborhood or associated lands utilized as a single unit for an agricultural enterprise wherein the agricultural enterprise is operated on a commercial profit-making basis. Farms shall include establishments operated as bona fide greenhouses, nurseries, orchards, hatcheries, dairy farms, poultry farms, apiaries; establishments keeping furbearing animals or game or operating fish hatcheries or stockyards are not farms unless combined as one operation with other operations on the same tract of land, which are defined herein as farming operations.

Farm building means any building or structure, other than a dwelling, which is customarily used in connection with the agricultural activities conducted on the farm.

Floor area means the sum of the horizontal areas of each story of the building measured from the exterior faces of the exterior walls. The floor area measurement is exclusive of areas of basements, unfinished attics, private attached garages, breezeways and enclosed and unenclosed porches.

Garage, commercial means a building used for parking, storing, caring for, renting, servicing, repairing, refinishing, equipping, adjusting and otherwise working on vehicles for compensation.

Garage, private means part of a building or an accessory building used primarily for the parking or storage of vehicles necessary in connection with the permitted use of the main building, where there is no vehicle servicing for compensation.

Gasoline service station means a building, structure and/or land used in combination for either or both the sale and installation in or upon vehicles of the usual operating commodities such as gasoline, fuel oil, grease, alcohol, water, batteries, tires, lightbulbs, windshield wipers and other minor accessories, or services such as hand washing, wiping, cleaning and waxing without automatic equipment or repair of tires, lights, changing of batteries and tuneups. General repairs, rebuilding, or reconditioning of engines or vehicles, collision service (including body repair and frame straightening), painting, upholstering or vehicle steam cleaning or undercoating shall be considered outside this definition of a gasoline service station.

Grade means the elevation or the curb at the midpoint of the front of the lot. Where no curb has been established the township will establish such curb, level or grade.

Home occupation means any accessory use of a dwelling unit for gainful employment of the family members only.

Junk and junkyard. The term "junkyard" means an establishment or place of business which is maintained, operated or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. The term "junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material, or stored material previously used and salvaged for another use, whether such materials have value for reuse or resale after its original use. The term "automobile graveyard" means any establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

Kennel means any land, building or structure where five or more cats and/or dogs over three months of age are either permanently or temporarily boarded, housed, bred or sold.

Livestock means all animals such as buffalo, chickens, cows, ducks, goats, hogs, horses, rabbits, sheep and all those animals not normally considered household pets.

Lot means contiguous land in the same ownership which is not divided by any street or alley, including any part thereof subject to any easement for any purpose other than a street or alley, devoted to a particular use (and accessory use) requiring a building or structure.

Lot, corner means a lot located at the intersection of two or more streets where the corner interior angle formed by the intersection of the streets is 135 degrees or less or a lot abutting upon a curved street or streets if tangents to the curve, at the two points where the lot lines meet the curve, form an interior angle of 135 degrees or less.

Lot, interior means a lot other than a corner lot.

Lot, through means an interior lot having frontage on two or more streets.

Lot line, front means the lot line separating the lot from the street.

Lot line, rear means the lot line which is opposite and most distant from the front lot line. The rear lot line in any irregular or triangular lot shall be a line entirely within the lot at least ten feet long and generally parallel to and most distant from the front lot line.

Main building or structure means a building or structure on a parcel in which the primary use of the property is conducted, and which has an address assigned by the Muskegon Township Assessor.

Master distributor means a wholesaler that acts in the same or similar capacity as a brewer, wine maker, outstate seller of wine, or outstate seller of beer for a brand or brands of beer or wine to other wholesalers on a regular basis in the normal course of business.

Micro brewer means a brewer that produces in total less than 60,000 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 and to retailers as provided in section 203. In determining the 60,000-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.

Mobile home means a structure, transportable in one or more sections which is built on a chassis and designed to be used as a dwelling unit 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" does not include a recreational vehicle.

Mobile home park means a parcel or tract of land under the control of a person upon which one or more mobile homes are located on a continual nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any buildings, structure, enclosure, street, equipment or facility used or intended to the occupancy of a mobile home and which is not intended for use as a temporary trailer park.

Modular housing unit means a dwelling unit constructed solely within a factory, as a single unit, or in various sized modules or components, which are then transported by truck or other means to a site where they are assembled on a permanent foundation to form a dwelling unit, and meets all codes and regulations applicable to conventional single-family home construction.

Motel means a building or series of buildings attached or detached, designed, used or offered for residential occupancy on a temporary basis and designed primarily to accommodate the traveling public.

Nonconforming building (nonconforming structure) means a building or structure (or portion thereof) lawfully existing on April 18, 1983 that does not conform to the provisions of this chapter relative to height, bulk, area, placement or yards for the zoning district in which it is located.

Nonconforming use means a use which lawfully occupied a structure or land at the time of adoption of this chapter, or any amendment thereto, and which does not conform with the use regulations of the district in which it is located.

Parks means any noncommercial recreational area.

Person means the person or entity that owns, rents, occupies, or controls the property upon which a temporary storage unit is placed.

Pond means an outdoor body of standing water, accumulated in a natural or artificially constructed basin or depression in the earth, either above or below or partly above or partly below grade, capable of holding water to a depth of greater than two feet when filled to capacity.

Preexisting single- and two-family dwellings means any dwelling designed for use and occupancy by a single family or two families having separate living facilities, that was lawfully existing and occupied at the time of the adoption of this chapter or any amendment thereto.

Private road means a privately controlled right-of-way which affords principal means of ingress and egress from a public road right-of-way.

Public utility means any governmental unit, board or commission, or any person (under public regulation if a private agency) furnishing to the public transportation, water, gas, electricity, telephone, steam, telegraph, sewage disposal, or other essential public service.

Recreational vehicle means any house car, motor home, travel trailer, house trailer, bus, trailer home, camper, trailer coach or similar transportable unit used or designed as to permit its being used as a conveyance on streets and intended for occasional or short-term occupancy during travel, recreational or vacation use.

Roadside stand means a farm building or structure used solely by the owner or tenant of the farm on which it is located for the sale of agricultural products produced on the farm where the roadside stand is located.

Screen means the planting of trees or shrubs or the placement of fences on a buffer or green belt. Such screen shall be composed of: deciduous and/or evergreen trees not less than 12 feet in height and spaced not more than 25 feet apart; not less than one row of dense shrubs not less than five feet in height and spaces not more than three feet apart; fencing not less than four feet in height and no solid portion shall be more than six feet in height and shall be maintained in good condition.

Setback means the minimum horizontal distance between the front line of the building, excluding steps, and the street line.

Sign means any display, device, figure, painting, sign, drawing, message, placard, poster, or other thing designed, intended or used to advise or inform.

Small distiller means a manufacturer of spirits annually manufacturing in Michigan not exceeding 60,000 gallons of spirits, of all brands combined.

Small wine maker means a wine maker licensed to manufacture or bottle not more than 50,000 gallons of wine in one calendar year.

Special use permit means a zoning permit issued to a person or persons intending to undertake the operation of an activity upon land or within a structure for those special uses mentioned in this chapter which possess unique characteristics and are found to be not injurious to the health, safety, convenience, and general welfare of the township's inhabitants.

Street means a publicly controlled right-of-way which affords principal means of access to abutting property including any avenue, place, way, drive, lane, boulevard, highway, road or other thoroughfare, of a width greater than 66 feet.

Structure means any constructed, erected or placed material or combination of materials in or upon the ground, including, but not by way of limitation, buildings, radio towers, sheds, satellite dishes, antennas, signs and storage bins, but excluding sidewalks and paving on streets, driveways, parking areas and patios.

Supplier means the company or vendor that supplies the temporary storage unit.

Swimming pool means a structure either above or below or partly above and partly below grade, whether located inside, outside or partly in each, designed to hold water to a depth of greater than two feet when filled, and intended to be used for swimming purposes.

Temporary dwelling structure means a cabin, mobile home, recreational vehicle, private garage, or other accessory building or structure, cellar, basement, or other form of temporary dwelling, whether of a fixed or moveable nature that can meet all local and state regulations to constitute a dwelling while a permanent structure is being built.

Temporary storage unit means a transportable unit, container or structure designed and used primarily for temporary storage of personal property, household goods, and other such materials for use on a temporary basis. Such unit shall not be considered an accessory structure as provided in section 58-26 of the zoning ordinance.

Titleholder means anyone holding equitable or legal title to a property.

Tourist home means a family dwelling where lodging, with or without meals, is furnished for compensation chiefly on an overnight basis to transients.

Trash, rubbish or refuse means any combustible and noncombustible waste material, including, but not limited to, animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food, leafs, brush, tree limbs, wood, lumber, grass or other yard waste, ashes, industrial byproducts or waste, garbage, food containers, bottles, crockery or utensils, debris or any other material which constitutes a threat or menace to the health, safety or general welfare of the public.

Unwholesome substance means any trash, garbage, tin can, automobile body, trailer body, stone, junk, offal, refuse, rubbish, food containers, bottles, crockery or utensils, stoves, ashes, clinker, cinders, night soil, industrial byproducts or waste, flammable matter or substances, debris, filth, or any other material which constitutes a threat or menace to the health, safety or general welfare of the public.

Variance means a modification of the literal provisions of this chapter granted when strict enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted.

Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a street, excepting devices propelled by human power or used exclusively upon stationary rails or tracks.

Waterfront lot means a yard fronting on a lake or stream, which shall have frontage on a public street. Waterfront lots not fronting on a public street must have a special use permit before any structure can be built.

Wine maker means a wine maker licensed to manufacture or bottle and sell at wholesale or retail, wine manufactured by that person.

Winery means a facility that is licensed by the Michigan Liquor Control Commission to manufacture and sell wine they produce to licensed Michigan wholesalers, to licensed Michigan retailers, to consumers for off-premises consumption, offer free or include a charge for samples to consumers from the winery premises. These facilities may also contain a restaurant or tasting room as an accessory use.

Yard means a required open space other than a court, unoccupied and unobstructed by any building or structure or portion thereof; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility. Yard measurements shall be taken from the foundation line. Attached garages and enclosed porches shall be considered as part of the building. Steps shall not be considered as part of the building. Compliance with minimum yard width requirements shall be determined by measurement at the required front yard setback line.

Yard, front means a yard extending across the full width of the lot or parcel of land, the depth of which is the distance between the front lot line and the foundation line of the building or structure.

Yard, rear means a yard, unoccupied except for accessory buildings, extending across the full width of the lot or parcel of land, the depth of which is the distance between the real lot line and the rear foundation line of the main building.

Yard, side means a yard between a main building and the side lot line extending from the front yard to the rear yard. The width of the required side yard shall be measured from the nearest point of side lot line to the nearest part of the main building.

Zoning act means Act No. 488 of the Public Acts of Michigan of 1988 (MCL 125.271 et seq., as amended.

(Ord. No. 7, 4-18-83; Ord. No. 10-11, § 1, 12-6-10; Ord. No. 13-15, § 2, 12-16-13; Ord. No. 14-01, § 2, 3-3-14; Ord. No. 14-06, § 2, 8-21-14; Ord. No. 15-03, § 2, 4-6-15; Ord. No. 15-06, § 2, 7-20-15; Ord. No. 15-13, § 3, 10-5-15)

Cross reference— Definitions and rules of construction generally, § 1-2.

This chapter is based on the township comprehensive development plan and is designed to promote the public health, safety, morals and general welfare; to encourage the use of lands and natural resources in the township in accordance with their character and adaptability; to limit the improper use of land; to provide for the timely and orderly development of the township; to reduce hazards to life and property; to establish the location, size of the specific uses for which dwellings, buildings and structures may hereafter be erected or altered, and the minimum open spaces, sanitary, safety and protective measures that shall be required for such dwellings, buildings and structures; to lessen congestion on streets; to provide safety in traffic and vehicular parking; to facilitate the development of an adequate system of transportation, education, recreation, sewage disposal, safe and adequate water supply and other public requirements; to conserve life, property and natural resources, and the expenditure of funds for public improvements and services; and to encourage the most advantageous use of land, resources and properties.

(Ord. No. 7, § 1.2, 4-18-83)

This chapter is enacted pursuant to Act No. 488 of the Public Acts of Michigan of 1988 (MCL 125.271 et seq., MSA 5.2963(1) et seq.), as amended.

(Ord. No. 7, § 1.3, 4-18-83)

This chapter shall not repeal, abrogate, or annul or in any way impair or interfere with existing provisions of other laws, ordinances or regulations, except those repealed herein by specific reference, or with private restrictions placed upon property by covenant, deed or other private agreement, or with restrictive covenants running with the land to which the township is a party. Where this chapter imposes greater restrictions, limitations or requirements upon the use of buildings, structures, or land; the height of buildings or structures; lot coverage; lot area; yards or other open spaces; or any other use or utilization of land imposed or required by such existing laws, ordinances, regulations, private restrictions or restrictive covenants, the provisions of this chapter shall control.

(Ord. No. 7, § 1.4, 4-18-83)

Zoning applies to all lots and parcels of land and to every building, structure or use. No lot or parcel of land, no existing building, structure or part thereof and no new building, structure or part thereof shall hereafter be located, erected, altered, occupied or used except in conformity with this chapter.

(Ord. No. 7, § 3.1, 4-18-83)

(a)

Except where specifically provided to the contrary, and subject to the provisions of sections 58-9, 58-10 and 58-11, the lawful use of any building or structure or of any lot or parcel of land which is existing and lawful on the effective date of this chapter or, in the case of an amendment of this chapter, then on the effective date of such amendment, may be continued although such use does not conform with the provisions of this chapter or any amendment thereto, as the case may be. In addition, except where specifically provided to the contrary, and subject to the provisions of sections 58-9, 58-10 and 58-11, a building or structure which is existing and lawful on the effective date of this chapter or, in the case of an amendment to this chapter, then on the effective date of such amendment, may be maintained and continued although such building or structure does not conform with the provisions of this chapter or any amendment thereto, as the case may be.

(b)

No building, structure or use which is nonconforming under this chapter or any amendment thereto may be extended, enlarged, altered, remodeled or modernized unless such extension, enlargement, alteration, remodeling or modernization is first authorized as a special use by the planning commission. In considering such authorization, the planning commission shall consider the following standards: whether the extension, enlargement, alteration, remodeling or modernization will substantially extend the probable duration of the nonconforming structure, building or use; whether the extension, enlargement, alteration, remodeling or modernization of the nonconforming structure, building or use will interfere with the use of adjoining lands or other properties in the surrounding neighborhood for the uses for which they have been zoned pursuant to the provisions of this chapter; and the effect of the nonconforming structure, building or use and such extension, enlargement, alteration, remodeling or modernization thereof on adjoining lands in the surrounding neighborhood.

(c)

The nonconforming use of any building, structure or land shall not be changed to any other nonconforming use.

(d)

Whenever the nonconforming use of any building, structure or land has been changed to a conforming use, the nonconforming use shall not thereafter be reestablished. In addition, if a building or structure is altered, remodeled or modified so as to eliminate or remove any or all of its nonconforming characteristics, then such nonconforming characteristics shall not be later reestablished.

(e)

If the nonconforming use of any building, structure, lot or parcel of land is discontinued through vacancy, lack of operation or use, or otherwise for a continuous period of 180 days or more, then any future use of such building, structure, lot or parcel of land shall conform to the provisions of this chapter; provided, however, that a seasonal nonconforming use of any building, structure, lot or parcel of land may be reestablished as long as the seasonal vacancy or lack of operation does not at any time exceed nine consecutive months.

(f)

If the use of any nonconforming building or structure is discontinued through vacancy, lack of operation or otherwise for a continuous period of 90 days or more, then the use of such building or structure shall not be resumed until such building or structure has been altered or otherwise modified so as to be in conformance with all of the provisions of this chapter; provided, however, that the use of a nonconforming building or structure which is used on a seasonal basis only may be continued as long as the use of the nonconforming building or structure is not discontinued through vacancy or lack of operation for a period of nine consecutive months or more.

(g)

Nonconforming rural residential parcels may be split for R-1 residential use only. The parcel to be split must comply with minimum requirements of the single-family residential district (R-1). A written request for a split must be submitted to the planning commission for their approval.

(h)

Notwithstanding any other provisions of this chapter, if the use of any preexisting nonconforming building or structure as a single- or two-family dwelling has been discontinued through vacancy for a continuous period of 180 days or more, the use may be continued or resumed per zoning administrator and building official approval.

(Ord. No. 10-11, § 2, 12-6-10; Ord. No. 7, § 3.2, 4-18-83; Ord. No. 10-11, § 2, 12-6-10; Ord. No. 19-4, § 1, 6-17-19)

(a)

Preexisting single- or two-family dwellings and their accessory buildings located in a district which does not permit the same can be repaired or reinforced.

(b)

Repairs and reinforcements of any nonconforming building or structure are permitted if necessary to maintain the building or structure in a sound condition; provided, however, that no such repair or reinforcement shall permit the use of such building or structure beyond its normal period of usefulness.

(Ord. No. 7, § 3.3, 4-18-83; Ord. No. 10-11, § 3, 12-6-10; Ord. No. 19-4, § 1, 6-17-19)

Any building or structure shall be considered existing and lawful and, for the purposes of section 58-8, to have been in use for the purpose for which constructed if, on the effective date of this chapter: a building permit has been obtained therefor, if required, or, if no building permit is required, a substantial start has been made toward erection of the building or structure; and erection is thereafter pursued diligently to conclusion.

(Ord. No. 7, § 3.4, 4-18-83; Ord. No. 10-11-10)

(a)

Preexisting single- or two-family dwellings and their accessory buildings located in a district which does not permit the same can be reconstructed, repaired, reinforced or restored.

(b)

The reconstruction, repair, reinforcement or restoration and resumption of use of any nonconforming building or structure damaged by fire, wind, flood, collapse, explosion, act of God, or acts of a public enemy is permitted if the total cost and expense of such reconstruction, repair, reinforcement or restoration does not exceed the state equalized valuation of the nonconforming building or structure or portion thereof so damaged on the date such damage has occurred. The planning commission may, as a special use, authorize an additional period of up to 90 days to begin such reconstruction, repair, reinforcement or restoration. In considering such authorization, the planning commission shall consider the following standards: the reason or reasons why construction cannot be begun within such 90-day period; any factors beyond control which prevent beginning construction within such 90-day period such as weather, lack of availability of labor or materials, or lack of availability of professional services necessary for such reconstruction, repair, reinforcement or restoration; and any relationship between beginning the reconstruction, repair, reinforcement or restoration and the receipt of insurance proceeds with respect to the damage. Once begun, such reconstruction, repair, reinforcement or restoration shall be completed within one year from the beginning date, provided, however, that the planning commission may, as a special use, authorize an extension of such completion date of up to one year. In considering such authorization, the planning commission shall consider the following standards: the reason or reasons why it is impossible to complete the reconstruction, repair, reinforcement or restoration within such one-year period; any reasons or factors beyond control such as weather, strikes, accidents, acts of God, availability of material or labor, or availability of other professional services which prevent completion of the reconstruction, repair, reinforcement or restoration within such one-year time period. Resumption of the use of the building or structure shall begin within 30 days after completion of reconstruction, repair, reinforcement and restoration.

(Ord. No. 7, § 3.5, 4-18-83; Ord. No. 10-11, § 4, 12-6-10; Ord. No. 19-4, § 1, 6-17-19)

(a)

No more than one main building, with accessory buildings and structures, shall be erected on any lot or parcel of land unless such lot or parcel of land is held in single ownership and is to be used for multiple-family, agricultural, commercial, industrial, municipal or school purposes.

(b)

No lot or parcel of land shall be divided, altered or reduced by sale, gift or other disposition so that the yards, parking area, or other open spaces or the land area thereof is less than the minimum required by this chapter. If already less than the minimum requirements of this chapter, no lot, parcel of land, parking area, or other open space shall be divided, altered or reduced by sale, gift or other disposition so as to increase its noncompliance with such minimum requirements.

(c)

In determining lot, land, yard, parking area or other open space requirements, no area shall be ascribed to more than one main building or use, and no area necessary for compliance with the space requirements for one main building or use shall be included in the calculation of the space requirements for any other building, structure or use.

(d)

No lot or parcel of land shall be divided, altered or reduced by sale, gift, or other disposition so that frontage along public or private road is less than minimums required by this chapter, except:

The planning commission may under special use permit allow a parcel division creating a flag lot if all of the following conditions are met.

(1)

The access drive (flag pole) must directly abut, or empty onto, a public road.

(2)

The new parcel accessed by the access drive must meet minimum lot requirements for this chapter. In evaluating the shape and square footage, the area within the access drive (flag pole) shall not be included.

(3)

When the new parcel accessed by the access drive is greater than four times the minimum lot requirements for the zoning district that the parent parcel is situated in, the access drive must be at least 66 feet in width at its narrowest point when measured at right angles to the linear boundaries of said drive.

When the new parcel accessed by the access drive is equal to or less than four times the minimum lot requirements for the zoning district that the parent parcel is situated in, the access drive must be at least 33 feet in width at its narrowest point when measured at right angles to the linear boundaries of said drive.

The planning commission, at its discretion, may address other circumstances as may be requested with the restriction that the access drive will never be less than 33 feet in width at its narrowest point when measured at right angles to the linear boundaries of said drive, but may require the access drive to be more than 66 feet in width at its narrowest point when measured at right angles to the linear boundaries of said drive.

(4)

No two access drives (flag poles) may share a common boundary.

(e)

If a lot or parcel of land in an agricultural or residential zoning district which is platted or otherwise of legal record as of the effective date of this chapter, or any applicable subsequent amendment thereof, does not comply with the area or width requirements of its zoning district such lot or parcel of land may be utilized for a one-family dwelling only where two or more such noncomplying lots or parcels of land have a common side lot line and are in common ownership, such lots or parcels of land shall be combined so that the lot or lots or parcel or parcels of land created by this combination comply with the minimum requirements of this chapter.

(f)

Storage sheds of 120 square feet or less may be placed within three feet of the rear or side yard property lines. Sheds will be located in the rear or side yard, except for corner lots. The building official or planning commission must approve setbacks for all corner lots.

(Ord. No. 7, § 3.6, 4-18-83; Ord. No. 98-8, 5-4-98)

It is hereby determined that the following uses, structures and activities are causes of blight or blighting factors which, if allowed to exist, will tend to result in blighted and undesirable neighborhoods. No person, firm, corporation, or business of any kind shall maintain or permit to be maintained any of the following upon any property in Muskegon Charter Township owned, leased, rented or occupied by such person, firm, corporation or business.

(1)

The storage upon any property of junk automobiles, except in a completely enclosed building. For the purpose of this section, the term "junk automobiles" shall include any vehicle which is not registered for use upon the highways of the State of Michigan, and shall also include, whether so registered or not, any vehicle which is inoperative.

(2)

The storage upon any property of building materials unless there is in force a valid building permit issued by Muskegon Charter Township for construction upon said property and said materials are intended for use in connection with such construction. Building materials shall include, but shall not be limited to: lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws, or any other materials used in constructing any structure.

(3)

The storage or accumulation of stump boxes, barrels or similar containers, junk, trash, rubbish or refuse of any kind without a landfill permit, except domestic refuse stored in such a manner as not to create a nuisance for a period not to exceed 15 days.

(4)

The existence of any structure or part of any structure which, because of fire, wind or other natural disaster, or physical deterioration is no longer habitable, if a dwelling, nor useful for any other purpose for which it may have been intended.

(5)

The existence of any vacant dwelling, garage or other out-building unless such buildings are kept securely locked, windows kept glazed or neatly boarded up and otherwise protected to prevent entrance thereto by vandals or other unauthorized persons.

(6)

The existence of any partially completed structure unless such structure is in the course of construction in accordance with a valid building permit issued by Muskegon Charter Township.

(Ord. No. 13-15, § 3, 12-16-13; Ord. No. 16-10, § 2, 12-19-16)

Editor's note— Ord. No. 13-15, § 3, adopted Dec. 16, 2013, repealed the former section 58-13, and enacted a new section 58-13 as set out herein. The former section 58-13 pertained to unwholesome substances and derived from Ord. No. 7, § 3.7, 4-18-83 and Ord. No. 13-06, § 2, 7-15-13.

Subject to the provisions pertaining to nonconforming buildings, structures and uses contained in sections 58-7 through 58-11, nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of a building or structure which is unsafe.

(Ord. No. 7, § 3.8, 4-18-83)

In each quadrant of every street intersection there shall be designated a visual clearance triangle bounded by the street centerline and a line connecting them 250 feet from a class A highway, 150 feet from a class B highway, and 100 feet from a class C highway intersection. If two highways of a different class intersect, the largest distance shall apply to both centerlines. Within this triangle, no object over 2½ feet in height above these streets shall be allowed if it obstructs the view across the triangle. Posts or open fences are excluded from this provision. Tree trunks shall be exempt where they are unbranched to a height of ten feet and located a minimum of 30 feet apart.

(Ord. No. 7, § 3.9, 4-18-83)

The following buildings and structures shall be exempt from height regulations in all zoning districts: parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, gas tanks, grain elevators, silos, stacks, stage towers or scenery lofts, penthouses housing necessary mechanical appurtenances, flour mills, communication towers, television and radio reception and transmission antennas and towers, elevated water tanks and water towers, monuments, cupolas, domes, spires and windmills.

(Ord. No. 7, § 3.10, 4-18-83)

If any part of any building is used for residential purposes and the remainder thereof is used for business, commercial, or other nonresidential use, the part thereof used for residence purposes shall in its interior space and appointments comply with all applicable requirements of the R-1 zoning district.

(Ord. No. 7, § 3.11, 4-18-83)

Unless otherwise permitted within a PUD, no building shall be erected unless the lot or parcel of land upon which it is to be erected abuts upon a public street which has been approved by the township and the county road commission for the use of the public.

(Ord. No. 7, § 3.12, 4-18-83; Ord. No. 10-04, § 3, 4-19-10)

All outdoor lighting shall be designed and arranged so that it will not shine directly on adjacent occupied dwellings or interfere with the vision of traffic on streets or alleys.

(Ord. No. 7, § 3.13, 4-18-83)

No existing building or structure of any kind or type shall be moved into, out of or from one location to another within the township unless authorization therefor is obtained from the building official as a special use. Buildings or structures of balloon-type construction shall not be moved into the township or from one location to another in the township. Application for authorization as a special use to move a building or structure shall be made on forms provided by the township. In considering the granting of such authorization, the building official shall consider the following standards: the type and kind of construction of the existing structure or building in relation to its strength and whether or not said structure or building may be a fire hazard; the type and kind of buildings and structures adjoining and in the neighborhood surrounding the lot or parcel of land to which the building or structure is to be moved and whether or not the type and age of the buildings or structures which are adjoining and in the surrounding neighborhood, and the type and kind of materials used in the construction relate and compare to the type and kind of materials used in the construction of other buildings and structures adjoining and in the neighborhood surrounding the lot or parcel of land to which the building or structure is to be moved; and all buildings shall conform with the local building code for the purpose for which it is to be used. If such authorization is granted by the building official, the township board may in its discretion require the filing with the township of a performance bond written by an insurance company licensed to do business in the state, accruing to the township or the deposit with the township treasurer of a cash deposit, certified or cashier's check payable to the township, or an irrevocable bank letter of credit as a condition precedent to the issuance of a building permit in an amount sufficient to pay all costs and expenses associated with moving the building or structure and the costs of rebuilding and reconstructing at the site to which the building or structure is to be moved, as well as all costs and expenses associated with cleaning up and restoring to acceptable condition the site from which the building or structure was moved. The building official shall specify in its authorization the time period for completion of moving the building or structure, completion of such rebuilding and reconstruction as is required at the site to which the building or structure is to be moved, and completion of cleanup and restoration to acceptable condition the site from which the building or structure was moved.

(Ord. No. 7, § 3.14, 4-18-83)

Editor's note— Formerly, section 58-21 pertained to keeping of animals and derived from Ord. No. 7, § 3.15, 4-18-83.

Editor's note— Formerly, section 58-22 pertained to nuisance parking and derived from Ord. No. 7, § 3.16, 4-18-83.

In any zoning district, accessory uses, incidental only to a permitted use, are permitted when located on the same lot or parcel of land; provided, however, that such accessory uses shall not involve the conduct of any business, trade or industry when located in a residential zone. Mobile homes are not permitted as an accessory use to a permitted principal use.

(Ord. No. 7, § 3.17, 4-18-83)

No building or structure, excluding farm buildings and farm structures, shall be razed unless a permit therefor has first been obtained from the building official. Such razing shall be completed within such reasonable time period as shall be specified by the building official in the razing permit. Such razing shall be completed in such a manner as to not be obnoxious to occupants of surrounding properties on account of dust, noise, vibration, traffic and the like; make adequate provisions for the safety of person and property; remove all waste materials from the razing site; remove all debris and rubble (including concrete and brick) from the razing site; and restore the razing site to a level grade. All underground tanks shall be removed or filled with sand or as determined by the building official or designated agent. The building official, may, in his discretion, require that the razing permit applicant file with the township a performance bond written by an insurance company licensed to do business in the state accruing to the township, or deposit with the township treasurer a cash deposit, certified or cashier's check payable to the township, or an irrevocable bank letter of credit to guarantee compliance by the applicant with all the requirements of this section and completion of the razing within the time specified in the razing permit as a condition precedent to the issuance of the permit. The amount of such bond or other financial guarantee shall be determined by the building official.

(Ord. No. 7, § 3.18, 4-18-83)

Every use shall be so conducted and operated that it is not obnoxious or dangerous by reason of heat, glare, fumes, odors, dust, noise or vibration beyond the lot or parcel of land on which the use is located.

(Ord. No. 7, § 3.19, 4-18-83)

(a)

Accessory buildings may be erected in any residential zoning district only as an accessory to the existing residence (which includes being built simultaneously with the construction of the residence), except as otherwise permitted in this section, and shall be limited to two per parcel. Accessory buildings shall be subject to the following:

(1)

Detached accessory buildings/location. Detached accessory buildings shall be located in the rear yard or side yard (except as provided in subsection d. hereinafter). Detached buildings 120 square feet and smaller shall be not less than three feet from rear and side property lines. All detached accessory buildings larger than 120 square feet (see Sec. 58-12(f)) shall not be located less than ten feet to the rear and side lot lines for parcels with public sewer or 12 feet to the rear and side lot lines for parcels without public sewer.

(2)

Principal building required. Accessory buildings may not be constructed, or if constructed may not remain, on a parcel without a principal dwelling. The zoning administrator shall have the authority to grant a temporary exception to this prohibition, subject to reasonable conditions, if the zoning administrator finds that the temporary exception is consistent with the purposes of this section.

(3)

Size and height of accessory buildings. The permitted accessory building(s) shall be subject to a maximum aggregate size restriction as follows:

a.

Nine hundred sixty square feet in area for parcels under one-half acre.

b.

One thousand two hundred square feet for parcels between one-half and one acre.

c.

For parcels one acre and larger, 1,920 square feet plus one percent of the lot area after the one acre. Further, however, in no event shall the maximum accessory building exceed 5,000 square feet.

The maximum height of an accessory building shall not be more than two stories or 35 feet from ground to top of roof, but in the case of parcels under one-half acre, the maximum height of an accessory building may never exceed the height of the main principal building.

For any parcel containing one or more accessory buildings, the maximum total ground coverage of the accessory building or buildings shall not exceed that provided by this section following a land division, lot line adjustment or other property line change that reduces the size of the parcel. In the event a parcel containing an accessory building or buildings is reduced to a size that would render the accessory building or buildings in violation of this section, the parcel owner shall remove that portion of the accessory building or buildings necessary to maintain compliance with this section.

(4)

If the accessory building is integrated into the permitted principal building, it shall not be considered an accessory building, but an attached garage, and shall therefore comply in all respects with the requirements of this section that apply to the permitted principal building, including, but not limited to setback requirements, unless specifically stated to the contrary herein. The term integrated shall mean that the accessory building shares a common wall with the principal building, or is connected by an enclosed breezeway. An attached garage shall be no larger than the main principal building footprint.

(5)

Distance between buildings. The distance between a detached accessory building and the main principal building shall not be less than six feet (foundation to foundation). Accessory buildings shall be considered attached to the principal building when the distance between the two buildings is solidly covered by a breezeway, portico, covered colonnade or similar architectural device.

(6)

Construction. Any accessory structure placed in a residential property or zone in the township, shall be of residential construction, properly maintained with paint or siding, and must meet snow and wind load requirements.

(7)

Accessory buildings; waterfront. An accessory building may be constructed, erected and placed in the front yard of any waterfront lot if it is an accessory building and if it is approved by staff.

(8)

Permit required. No accessory building larger than 200 square feet shall be erected, constructed or installed prior to the issuance of a building permit.

(b)

Temporary storage units may be used for temporary storage in any residential zoning district and shall be subject to the following:

(1)

Prior to the initial delivery of a temporary storage unit, a person or the supplier shall apply for approval of the placement of the temporary storage unit with the inspection department.

(2)

Application requires the completion of the temporary use permit to include the person's name, the size of the temporary storage unit, the address at which the temporary storage unit will be placed, the delivery date, removal date, and a sketch depicting the location and the placement of the temporary storage unit.

(3)

The effective date of the application shall be determined by the inspection department.

(c)

Requirements for placement of temporary storage units. The following requirements shall apply to the placement of temporary storage units:

(1)

It shall be unlawful to place or permit the placement of a temporary storage unit on property located within the township unless it is approved by the inspection department in subsection (a)(1) above.

(2)

Temporary storage units shall only be placed upon or within a driveway or a parking area.

(3)

No temporary storage unit shall be placed upon or within a public right-of-way including without limitation, a street, sidewalk, or terrace.

(4)

Each lot is limited to one temporary storage unit approval good for a period not to exceed 30 days per every six months, including the days of delivery and removal or loading and unloading. Exceptions to this limit are:

a.

If a temporary storage unit is used in conjunction with a construction project for which a permit has been issued, the building official or zoning administrator may extend the time period to coordinate with the corresponding project permit effective date.

b.

Upon written request to the inspection department stating emergency need, an additional 30-day approval may be granted at the discretion of the building official or zoning administrator.

(5)

The temporary storage unit shall not exceed eight feet in height, eight feet in width, or 16 feet in length.

(6)

The temporary storage unit shall be secured in a manner that does not endanger the safety of persons or property in the vicinity of such unit.

(7)

The temporary storage unit shall be maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks at all times.

(8)

No temporary storage unit shall be used for human occupancy or to store solid waste, construction debris, demolition debris, business inventory, commercial goods, goods for property other than the property where the temporary storage unit is located, or any other illegal or hazardous material. Upon reasonable notice, the township may inspect the contents of any temporary storage unit at any reasonable time to ensure that it is not being used to store said materials.

(9)

A sign advertising the supplier's business and mounted on a temporary storage unit does not require a sign permit provided that the temporary storage unit is in compliance with this chapter.

(Ord. No. 7, § 3.20, 4-18-83; Ord. No. 98-11, 6-1-98; Ord. No. 11-06, § 2, 6-6-11; Ord. No. 13-12, § 2, 12-16-13; Ord. No. 14-06, §§ 3—5, 8-18-14; Ord. No. 14-11, § 2, 12-1-14; Ord. No. 17-13, §§ 1, 2, 10-2-17; Ord. No. 17-14, § 1, 1-16-18)

No permit shall be issued for the construction of a building or structure which is to have drinking water and/or sanitary facilities located therein and which is to be located on a lot or parcel of land which is not served by both public water and sewer facilities if its water supply and/or sewage disposal facilities, as the case may be, do not comply with the rules and regulations governing waste and sewage disposal of the county.

(Ord. No. 7, § 3.21, 4-18-83)

The owner of the land on which a buffer is required shall initially plant or cause to be planted the buffer and shall, thereafter, make and perform or cause to be made and performed all necessary maintenance and replacement for the buffer. All trees in a buffer lost or seriously damaged for any reason shall be replaced not later than the following planting season with trees meeting the minimum buffer requirements as specified in this chapter.

(Ord. No. 7, § 3.22, 4-18-83)

(a)

A minimum strip, at least 25 feet in depth bordering each bank of any watercourse, as measured from the top of the bank, line shall be maintained in its natural vegetative state, except for the permitted clearing of dead or noxious plants or as otherwise permitted in this section.

(b)

Within this strip, a space of no greater than ten feet in width may be selectively trimmed and pruned to allow for the placement of walkways, and/or for a view of the waterway, with the approval of the building official. Any walkway constructed inside the strip shall be on the land side and may be oriented perpendicular or parallel to the water line. Because the intent of the native protective strip is water quality protection, porous materials such as wood chips or gravel shall be used.

(c)

The building official may allow limited clearing of the vegetative strip, only when required for construction of a permitted building or structure outside the vegetative strip, provided that the land cleared is returned to a vegetative state which is approximately the same quality or greater and extent as that which existed prior to the clearing.

(d)

Individual trees within the native protective strip may be removed which are in danger of falling, causing damage to dwellings or other structures, or causing blockage of the watercourse.

(e)

The native protective strip shall not be used for any motorized vehicular traffic, parking, or for storage of any kind, including junk, waste, or garbage, or for any other use not otherwise authorized by this chapter.

(Ord. No. 02-5, § 2, 7-1-02)

This division is adopted pursuant to the authority granted the township board under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801 et seq., and the Michigan Zoning Enabling Act, Public Act 110 of 2006, MCL 125.3101 et seq., to establish a planning commission with the powers, duties and limitations provided by those acts and subject to the terms and conditions of this division and any future amendments to this division.

The purpose of this division is to provide that the Muskegon Charter Township Board shall hereby confirm the establishment under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801 et seq., of the Muskegon Charter Township Planning Commission formerly established under the Township Planning Act, Public Act 168 of 1959, MCL 125.321 et seq., to establish the appointments, terms, and membership of the planning commission; to identify the officers and the minimum number of meetings per year of the planning commission; and to prescribe the authority, powers and duties of the planning commission.

(Ord. No. 10-05, 4-26-10)

The township board hereby confirms the establishment under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801 et seq., of the Muskegon Charter Township planning commission, formerly established under the Township Planning Act, Public Act 168 of 1959, MCL 125.321 et seq. The Muskegon Charter Township planning commission shall have seven members. Members of the Muskegon Charter Township planning commission as of the effective date of this division shall, except for an ex officio member whose remaining term on the planning commission shall be limited to his or her term on the township board, continue to serve for the remainder of their existing terms so long as they continue to meet all of the eligibility requirements for planning commission membership set forth within the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801 et seq.

(Ord. No. 10-05, 4-26-10)

The township supervisor, with the approval of the township board by a majority vote of the members elected and serving, shall appoint all planning commission members, including the ex officio member. The planning commission members, other than an ex officio member, shall serve for terms of three years each. A planning commission member shall hold office until his or her successor is appointed. Vacancies shall he filled for the unexpired term in the same manner as the original appointment. Planning commission members shall be qualified electors of the township, except that one planning commission member may be an individual who is not a qualified elector of the township. The membership of the planning commission shall be representative of important segments of the community, such as the economic, governmental, educational, and social development of the township, in accordance with the major interests as they exist in the township, such as agriculture, natural resources, recreation, education, public health, government, transportation, industry, and commerce. The membership shall also be representative of the entire geography of the township to the extent practicable.

One member of the township board shall be appointed to the planning commission as an ex officio member. An ex officio member has full voting rights. An ex officio member's term on the planning commission shall expire with his or her term on the township board. No other elected officer or employee of the township is eligible to be a member of the planning commission.

(Ord. No. 10-05, 4-26-10)

The township board may remove a member of the planning commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing.

(Ord. No. 10-05, 4-26-10)

Before casting a vote on a matter on which a planning commission member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the planning commission. Failure of a member to disclose a potential conflict of interest as required by this division constitutes malfeasance in office.

For the purposes of this section, conflict of interest is defined as, and a planning commission member shall declare a conflict of interest and abstain from participating in planning commission deliberations and voting on a request, when:

(a)

An immediate family member is involved in any request for which the planning commission is asked to make a decision;

(1)

"Immediate family member" is defined as an individual's father, mother, son, daughter, brother, sister, and spouse and a relative of any degree residing in the same household as that individual.

(b)

The planning commission member has a business or financial interest in the property involved in the request or has a business or financial interest in the applicant's company, agency or association;

(c)

The planning commission member owns or has a financial interest in neighboring property;

(1)

For purposes of this section, a neighboring property shall include any property falling within the notification radius for the application or proposed development, as required by the zoning ordinance or other applicable ordinance.

(d)

There is a reasonable appearance of a conflict of interest, as determined by a majority vote of the remaining members of the planning commission.

(Ord. No. 10-05, 4-26-10)

The planning commission members may be compensated for their services as provided by township board resolution. The planning commission may adopt bylaws relative to compensation and expenses of its members for travel when engaged in the performance of activities authorized by the township board, including, but not limited to, attendance at conferences, workshops, educational and training programs and meetings.

(Ord. No. 10-05, 4-26-10)

The planning commission shall elect a chairperson and a secretary from its members, and may create and fill other offices as it considers advisable. An ex officio member of the planning commission is not eligible to serve as chairperson. The term of each office shall be one year, with opportunity for reelection as specified in the planning commission bylaws. The planning commission may also appoint advisory committees whose members are not members of the planning commission.

(Ord. No. 10-5, 4-26-10)

The planning commission shall adopt bylaws for the transaction of business. The planning commission shall hold at least four regular meetings each year, and shall, by resolution, determine the time and place of the meetings. Unless otherwise provided in the planning commission's bylaws, a special meeting of the planning commission may be called by the chairperson or by two other members, upon written request to the secretary. Unless the bylaws otherwise provide, the secretary shall send written notice of a special meeting to planning commission members at least 48 hours before the meeting.

The business that the planning commission may perform shall be conducted at a public meeting held in compliance with the Open Meetings Act, Public Act 267 of 1976, MCL 15.261 et seq. The planning commission shall keep a public record of its resolutions, transactions, findings, and determinations. A writing prepared, owned, used, in the possession of, or retained by a planning commission in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act, Public Act 442 of 1976, MCL 15.231 et seq.

(Ord. No. 10-05, 4-26-10)

The planning commission shall make an annual written report to the township board concerning its operations and the status of the planning activities, including recommendations regarding actions by the township board related to planning and development.

(Ord. No. 10-05, 4-26-10)

Under the authority of the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801 et seq., and other applicable planning statutes, the planning commission shall make a master plan as a guide for development within the township's planning jurisdiction. Final authority to approve a master plan or any amendments thereto shall rest with the planning commission unless the township board passes a resolution asserting the right to approve or reject the master plan.

Unless rescinded by the township, any plan adopted or amended under the Township Planning Act, Public Act 168 of 1959, MCL 125.321 et seq., need not be readopted under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801 et seq.

(Ord. No. 10-05, 4-26-10)

The township board hereby confirms the transfer of all powers, duties, and responsibilities provided for zoning boards or zoning commissions by the former Township Zoning Act, Public Act 184 of 1943, MCL 125.271 et seq.; the Michigan Zoning Enabling Act, Public Act 110 of 2006, MCL 125.3101 et seq.; or other applicable zoning statutes to the Muskegon Charter Township planning commission formerly established under the Township Planning Act, Public Act 168 of 1959, MCL 125.321 et seq. Any existing zoning ordinance shall remain in full force and effect except as otherwise amended or repealed by the township board.

(Ord. No. 10-05, 4-26-10)

The planning commission may recommend to the township board provisions of an ordinance or rules governing the subdivision of land. Before recommending such an ordinance or rule, the planning commission shall hold a public hearing on the proposed ordinance or rule. The planning commission shall give notice of the time and place of the public hearing not less than 15 days before the hearing by publication in a newspaper of general circulation within the township.

The planning commission shall review and make recommendation on a proposed plat before action thereon by the township board under the Land Division Act, Public Act 288 of 1967, MCL 560.101 et seq. Before making its recommendation, the planning commission shall hold a public hearing on the proposed plat. A plat submitted to the planning commission shall contain the name and address of the proprietor or other person to whom notice of a hearing shall be sent. Not less than 15 days before the date of the hearing, notice of the date, time and place of the hearing shall be sent to that person at that address by mail and shall be published in a newspaper of general circulation in the township. Similar notice shall be mailed to the owners of land immediately adjoining the proposed platted land.

(Ord. No. 10-05, 4-26-10)