The township is hereby divided into the following zoning districts:

(1)

F flood hazard district.

(2)

RR rural residential.

(3)

R-1 single-family residential district.

(4)

R-1S single-family residential district (sewered).

(5)

R-2 duplex residential district.

(6)

R-2S duplex residential district (sewered).

(7)

R-3 fourplex residential and townhouse residential district.

(8)

R-4 high-rise residential district.

(9)

RMH mobile home park district.

(10)

M commercial/industrial district.

(11)

I light industrial district.

(12)

IP industrial park district.

(13)

C-1 neighborhood commercial district.

(14)

C-2 shopping center district.

(15)

M/S municipal/school district.

(16)

P park or conservancy district.

(Ord. No. 7, § 5.0, 4-18-83)

The location and boundaries of the zoning districts are hereby established as shown on a map, entitled "Zoning Map of Muskegon Township dated December 6, 1982," as amended from time to time, which map and all amendments thereto hereafter adopted are hereby made a part of this chapter. The zoning map shall be kept on public display at the township hall.

(Ord. No. 7, § 5.1, 4-18-83)

Where uncertainty exists as to the boundaries of zoning districts, as shown on the zoning map, the following rules of construction and interpretation shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following township boundaries shall be construed as following township boundaries.

(4)

Boundaries indicated as following the shorelines of lakes, rivers, creeks or lake, river or creek beds shall be construed as following such shore line, and in the event of natural change in the location of a shoreline shall be construed as moving with such shoreline.

(5)

Lines parallel to streets without indication of depth from the street line shall be construed as having a depth of 200 feet from the center of the street right-of-way.

(6)

Boundaries indicated as approximately following property lines, section lines or other lines of the government survey shall be construed as following such property lines as of the effective date of this ordinance or applicable amendment thereto.

(7)

Where the street or property layout, existing on the ground, is at variance with that shown on the zoning map, or in other circumstances not covered by subsections (1) through (6) above, the board of appeals shall interpret the district boundaries.

(Ord. No. 7, § 5.2, 4-18-83)

In every case where land has not been specifically included within a zoning district, such land shall be included in the RR zone. In the case of land annexed to the township, such land shall be included in the zoning district which most closely approximates the zoning applicable to such land prior to this annexation; provided, however, that if no zoning was in force with respect to such land prior to its annexation, such land shall be included in the RR zone.

(Ord. No. 7, § 5.3, 4-18-83)

The flood hazard areas of the township are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(Ord. No. 7, § 6.1, 4-18-83)

It is the purpose of this article to promote the public health, safety, and general welfare and to minimize those losses described in section 58-116 by provisions designed to:

(1)

Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or cause excessive increases in flood heights or velocities.

(2)

Require that uses vulnerable to floods, including public facilities which serve such uses, shall be protected against flood damage at the time of initial construction.

(3)

Minimize expenditures in flood-control projects and emergency relief.

(4)

Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.

(5)

Maintain full status in the National Flood Insurance Program.

(6)

Implement land-use and water-quality plans.

(Ord. No. 7, § 6.2, 4-18-83)

No structure or land shall hereafter be used, and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this division and other applicable regulations which apply to uses within the jurisdiction of this division.

(Ord. No. 7, § 6.3(a), 4-18-83)

It is not intended by this division to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. Where this division imposes greater restrictions, however, the provisions of this division shall prevail. All other ordinances inconsistent with this division are hereby repealed to the extent of the inconsistency only. Principles, standards, and procedures of Act No. 231 of the Public Acts of Michigan of 1970 (MCL 281.761 et seq., MSA 11.501 et seq.), Act No. 346 of the Public Acts of Michigan of 1972 (MCL 281.951 et seq., MSA 11.475 et seq.), Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq., MSA 26.430(101) et seq.), as amended are reflected in, and may be extended by, this division.

(Ord. No. 7, § 6.3(b), 4-18-83)

In their interpretation and application, the provisions of this division shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

(Ord. No. 7, § 6.3(c), 4-18-83)

The degree of flood protection required by this division is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This division does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This division shall not create liability on the part of Muskegon Township or any official or employee thereof for any flood damages that result from reliance on this division or any administrative decision lawfully made thereunder.

(Ord. No. 7, § 6.3(d), 4-18-83)

The following uses which have a low flood damage potential, and do not obstruct flood flows, shall be permitted within the flood hazard district to the extent that they are not prohibited by any other ordinance, and provided they do not require structures, fill, or storageof materials or equipment. However, no use shall adversely affect the capacity of the channels or floodways of any tributary to the main stream, drainage ditch, or any other drainage facility.

(1)

Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.

(2)

Industrial-commercial uses such as loading areas, parking areas, airport landing strips.

(3)

Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback-riding trails.

(4)

Residential uses such as lawns, gardens, parking areas and play areas.

(Ord. No. 7, § 6.4, 4-18-83)

The following uses which involve structures (temporary or permanent), fill or storage of materials or equipment may be permitted only upon application to the building official and the issuance of a special use permit by the township board, as provided in article II of this chapter. These uses are also subject to the provisions of section 58-125 which apply to all flood hazard special uses.

(1)

Uses or structures accessory to open space of special uses.

(2)

Circuses, carnivals and similar transient amusement enterprises.

(3)

Drive-in theaters, new and used-car lots, roadside stands, signs and billboards.

(4)

Extraction of sand, gravel and other materials, provided that standards set pursuant to Act No. 346 of the Public Acts of Michigan of 1972 (MCL 281.951 et seq.), as amended are met, and that the land is restored to an acceptable condition after the period of exploitation.

(5)

Marinas, boat rentals, docks, piers, wharves, provided that performance standards set by Act No. 346 of the Public Acts of Michigan of 1972 (MCL 281.951 et seq.), as amended are met.

(6)

Railroads, streets, bridges, utility transmission lines and pipelines.

(7)

Storage yards for equipment, machinery or materials.

(8)

Kennels and stables.

(9)

Other uses similar in nature to uses described in section 58-52 or 58-53 which are consistent with the provisions set out in sections 58-5 and 58-101 of this chapter.

(Ord. No. 7, § 6.5, 4-18-83; Ord. No. 10-02, § 20, 3-15-10)

(a)

All uses. No structures, temporary or permanent, fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other use may be allowed as a special use which, acting alone or in combination with existing or future uses, unduly affect the capacity of the floodway or unduly increases flood heights. Consideration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. In addition, all flood hazard special-permit uses shall be subject to the standards contained in this chapter.

(b)

Fill.

(1)

Any fill proposed to be deposited in the flood hazard district must be shown to have some beneficial purpose, and the amount thereof not greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the uses to which the fill land will be put and the final dimensions of the proposed fill or other materials.

(2)

Such fill or other materials shall be protected against erosion by rip-rap, vegetation cover or bulkheading.

(c)

Structures, temporary or permanent.

(1)

Structures shall have a low flood-damage potential.

(2)

The structure or structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters.

a.

Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow.

b.

So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.

c.

Structures shall be raised on a stilt-supported platform such that materials placed in the floodway shall constitute no more than ten percent of the total coverage of the structure.

(3)

Structures shall be firmly anchored to prevent flotation which may result in damage to other structures, restriction of bridge openings and other narrow sections of the stream or river.

(4)

Service facilities such as electrical and heating equipment shall be constructed at or above the regulatory flood-protection elevation for the particular area floodproofed.

(d)

Storage of material and equipment.

(1)

The storage or processing of materials that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plantlife, is prohibited.

(2)

Storage of other material or equipment may be allowed, if not subject to major damage by floods, and firmly anchored to prevent flotation or readily removable from the area within the time available after flood warning.

(e)

Slope. No structure may be constructed on a slope of more than five degrees or eight percent.

(Ord. No. 7, § 6.6, 4-18-83)

A structure or the use of a structure or premises which was lawful before the passage or amendment of this division, but which is not in conformity with the provisions of this division, may be continued subject to the following conditions:

(1)

No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity or flood damage potential.

(2)

No structural alterations, addition or repair to any nonconforming structure over the life of the structure shall exceed its state-equalized value at the time of its becoming a nonconforming use, unless the structure is permanently changed to a conforming use.

(3)

If such use is discontinued for 19 consecutive months, any future use of the building premises shall conform to this division. The assessor shall notify the planning commission, in writing, of instances of nonconforming uses which have been so discontinued.

(4)

If any nonconforming use or structure is destroyed by any means, including floods, to a value equal to, or in excess of, its state-equalized value, it shall not be reconstructed, except in conformity with the provisions of this division.

(5)

Adjuncts thereof, which are or become nuisances, shall not be entitled to continue as nonconforming uses.

(6)

Except as provided in subsection (5), any use which has been permitted as a special exception use shall be considered a conforming use.

(7)

The planning commission shall maintain a list of nonconforming uses showing their nature, extent, date and assessed value at the time of nonconformity. This list shall be updated annually.

(8)

The planning commission shall prepare a list of those nonconforming uses which have been floodproofed or otherwise adequately protected in conformity with this chapter. It shall issue a certificate to the owner stating that such uses, as a result of these corrective measures, are in conformity with the provisions of this division.

(Ord. No. 7, § 6.7, 4-18-83)

Unless specifically defined below, words or phrases used in this division shall have meaning as commonly applied, giving this division its most reasonable application:

Channel or watercourse means an elongated depression, either natural or manmade, having a bed and well-defined banks, varying in depth, width and length, which gives direction to a current of water and is normally described as a creek, stream or riverbed.

Cross section means a graph showing the shape of the streams, banks and adjacent land on either side made by plotting elevations at measured distances along a line perpendicular to the centerline of the stream.

Encroachment lines means limits of obstruction to flood flows. They are established by assuming that the development of the landward area will permit passage of flood flows. The floodway must be free of encroachment and adequate to convey the regulatory flood without raising the water surface more than one foot.

Flood means a temporary overflow by a river, stream, ocean, lake or other body of lands not normally covered by water. It does not include the ponding of surface water due to inadequate drainage such as within a development. It is characterized by damaging inundation, backwater effects of surcharging sewers and local drainage channel, and by unsanitary conditions within adjoining flooded habitated area attributed to pollutants, debris and water table.

Flood hazard district (district F) means the portion of the floodplain flanking the stream channel required to convey and/or store the waters of the intermediate regional flood.

Flood profile means a graph showing the relationship of water-surface elevation to location along the stream. The latter is generally expressed as distance above the mouth of the stream in miles. While it is drawn to show surface elevations for the crest of a specific flood, it may be prepared for conditions at any other given time or stage.

Flood stage means the elevation at which overflow of the natural stream banks or body of water occurs.

Floodplain means the relatively flat area or lowlands covered by floodwaters originating with either the adjoining channel of a water course such as a river or stream, or a body of standing water such as an ocean or lake.

Floodproofing means alteration of properties and structures subject to flooding for the reduction or elimination of flood damages to facilities, structures and contents.

Frequency means the expected recurrence interval for a given size flood based upon long-term statistical probability. Large floods occur less frequently and smaller floods occur more frequently.

Intermediate regional flood means a flood having a one-percent probability of occurring in any one year at a designated location. It is based on statistical analysis of streamflow records available for the watershed and analysis of rainfall and runoff characteristics in the general region of the watershed.

Obstruction means any structure or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

Reach means a longitudinal segment of a stream or river, including the portion of the flood-hazard area of which flood heights are influenced by a natural or manmade obstruction.

Regulatory flood means a flood representative of large floods known to have occurred in the area and reasonably characteristic of a particular stream. The regulatory flood generally has a frequency of occurrence of once in 100 years determined from an analysis of floods on the particular stream and other streams in the region.

Regulatory flood protection elevation means the elevation to which uses regulated by this division are required to be elevated or floodproofed.

Standard project flood means the flood that may be expected from the most severe combination of meteorological and hydrological conditions that are considered reasonably characteristic of the geographical area in which the drainage basin is located.

(Ord. No. 7, § 6.8, 4-18-83)

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

The purpose of the RR district is to provide large residential sites in rural areas which may not be served by public sewer and water services. This district is further intended to provide for the continuation of general farming and foster certain recreational oriented activities and services where soil conditions and other physical features will support such development without depleting or destroying natural resources.

(Ord. No. 7, § 7.1, 4-18-83)

Permitted uses in the RR district are:

(1)

Single-family dwellings.

(2)

General farming.

(Ord. No. 7, § 7.2, 4-18-83)

Special uses permitted in the RR district are:

(1)

Religious institutions.

(2)

Educational and social institutions.

(3)

Recreational facilities.

(4)

Public buildings and public service installations.

(5)

Roadside stands for the sale of agricultural products produced on the premises.

(6)

Reserved.

(7)

Site condominiums.

(Ord. No. 7, § 7.3, 4-18-83; Ord. No. 10-06, § 5, 6-21-10)

Permitted use requirements in the RR district are:

(1)

Minimum lot area: 9.5 acres.

(2)

Minimum lot frontage: 300 feet.

(3)

Maximum percentage of building coverage: 10 percent.

(4)

Yard setbacks: rear, 75 feet; side, 35 feet each side.

(5)

Setback requirements: There shall be a building setback line of not less than 35 feet on streets of 80-foot width, and not less than 25 feet on the street less than 80 feet wide; provided, however, that when the majority of buildings capable of being built on one side of a street between two intersecting streets have already been built at the time of the adoption of this chapter, then, no building hereafter erected or altered on that side of the street shall project beyond the minimum setback line thus established by the buildings already in existence; provided that no building shall be required by this chapter to set back more than 40 feet in any case; and provided, further, that the corner lots have a side setback restriction of not less than 15 feet on that side adjacent to the street.

(6)

Maximum building heights: 2½ stories above grade or 35 feet.

(7)

Signs: subject to article V of this chapter.

(Ord. No. 7, § 7.4, 4-18-83)

It is the purpose of the R-1 and R-1S districts to encourage the establishment and preservation of residential neighborhoods characterized by single-family dwellings of a low density on public sewer (R-1S) and where soil conditions and other physical features will support such developments (R-1).

(Ord. No. 12-03, § 3, 2-20-12)

The following are permitted uses in R-1 and R-1S districts:

(1)

Single-family detached dwelling.

(2)

State licensed family day care residence.

(3)

Home occupations.

(Ord. No. 12-03, § 3, 2-20-12)

The following are permitted as a special use in R-1 and R-1S districts:

(1)

Religious institutions: churches, convents, parsonages and other housing for religious personnel.

(2)

Educational and social institutions: public or private elementary and secondary schools, institutions for higher education, auditoriums and other places for assembly and centers for social activities; public libraries, museums and art galleries; nursery schools and day care centers.

a.

Educational institution gardens may be permitted in conjunction with educational institutions, provided that:

1.

The maximum size of the garden is 500 square feet per two and one-half acres of property, to be pro-rated accordingly.

2.

The location of the garden is a minimum of 50 feet back from the front property line.

(3)

Recreational facilities: public and private parks, playgrounds, community centers, parkways, golf courses and similar recreational facilities.

(4)

Public buildings and public service installations: municipal, administrative or public service buildings; utility and public service facilities and uses, but excluding storage yards; telephone exchange buildings, transformer stations and substations.

(5)

Bed and breakfast.

(6)

Site condominiums.

(7)

State licensed family day care residence for more than six children or residents.

(8)

Institutions for human care: hospitals, clinics, sanitariums, nursing or convalescent homes, homes for the aged, and philanthropic and charitable institutions.

a.

General standards. Inasmuch as the nonresidential uses permitted in residential districts may have an adverse affect on residential properties if not properly located and designed, the following general standards must be met prior to development of such uses:

1.

Hazardous areas must be adequately fenced to avoid accidents, such areas to include public utility substations.

2.

Any permitted nonresidential structure should preferably be located at the edge of a residential district, abutting a commercial/industrial district, or a public open space.

3.

All permitted nonresidential uses shall front on a major street (minor arterial or collector).

4.

Motor vehicle entrance and exit should be made on a major street to avoid the impact of traffic generated by the nonresidential use upon the residential location.

5.

Site locations should be chosen which offer natural or manmade barriers that would lessen the effect of the intrusion of a nonresidential use into a residential area.

6.

Nonresidential uses should not be located so as to cause costly public improvements.

b.

Specific standards.

1.

Public utility structures and substations. No building shall be erected to a height greater than that permitted in the district in which the proposed use would be located. Adequate planting materials to screen exposed facilities from view shall be required. Evergreens are recommended; however, selected deciduous trees may be used when appropriate.

2.

Golf courses. Development features, including the principal and accessory buildings and structures shall be so located as to minimize the possibility of any adverse affects upon adjacent property. This shall mean that all principal or accessory buildings shall not be less than 200 feet from any abutting property line of residentially zoned lands; provided that where topographic conditions are such that buildings would be screened from view, the planning commission may modify this requirement.

3.

Nursery schools and day care centers. There shall be provided a fenced outdoor play area of a size meeting the requirements of the current state regulations pertaining to such areas.

(Ord. No. 12-03, § 3, 2-20-12; Ord. No. 14-01, § 3, 3-3-14)

Permitted use requirements in R-1 and R-1S districts are:

(1)

Minimum lot area: R-1—12,000 square feet; R-1S—9,000 square feet.

(2)

Minimum lot frontage: R-1—100 feet; R-1S—80 feet.

(3)

Maximum percentage of building coverage: R-1—30 percent; R-1S—30 percent.

(4)

Yard setbacks:

(5)

Setback from highway and roads subject to section 58-139.

(6)

Maximum building height: R-1 and R-1S, 2½ stories above grade or 35 feet.

(7)

Signs: subject to article V of this chapter.

(Ord. No. 12-03, § 3, 2-20-12; Ord. No. 14-08, § 2, 10-20-14)

It is the purpose of the R-2 and R-2S (sewered) districts to encourage the establishment and preservation of residential neighborhoods characterized by two-family dwellings of medium density in areas served by public sewer (R-2S) and where soil conditions and other physical features will support such development (R-2).

(Ord. No. 7, § 9.1, 4-18-83)

The following are permitted uses in R-2 and R-2S districts:

(1)

One- and two-family dwellings.

(2)

State licensed family care residence.

(Ord. No. 7, § 9.2, 4-18-83)

The following special uses are permitted in R-2 and R-2S districts:

(1)

Religious institutions.

(2)

Educational and social institutions.

a.

Educational institution gardens may be permitted in conjunction with educational institutions, provided that:

1.

The maximum size of the garden is 500 square feet per two and one-half acres of property, to be pro-rated accordingly.

2.

The location of the garden is a minimum of 50 feet back from the front property line.

(3)

Recreational facilities.

(4)

Public buildings and public service installations.

(5)

Reserved.

(6)

Bed and breakfast.

(7)

Site condominiums.

(Ord. No. 7, § 9.3, 4-18-83; Ord. No. 10-06, § 5, 6-21-10; Ord. No. 14-01, § 4, 3-3-14)

Permitted use requirements in R-2 and R-2S districts are:

(1)

Minimum lot area:

(2)

Minimum lot frontage:

(3)

Maximum percentage of building coverage: R-2—30 percent; R-2S—30 percent.

(4)

Yard setbacks:

(5)

Setback from highway and roads subject to section 58-139.

(6)

Maximum building height: two and one-half stories above grade or 35 feet.

(7)

Signs: subject to article V of this chapter.

(Ord. No. 7, § 9.4, 4-18-83; Ord. No. 14-08, § 3, 10-20-14)

The R-3 district is designed to accommodate the township's need for medium-density dwellings with public sewer and water service in a safe and attractive living environment.

(Ord. No. 7, § 10.1, 4-18-83)

The following are permitted uses in the R-3 district:

Fourplex dwelling and townhouse apartments served by public water and sewer.

(Ord. No. 7, § 10.2, 4-18-83)

The following special uses are permitted in the R-3 district:

(1)

Religious institutions.

(2)

Educational and social institutions.

a.

Educational institution gardens may be permitted in conjunction with educational institutions, provided that:

1.

The maximum size of the garden is 500 square feet per two and one-half acres of property, to be pro-rated accordingly.

2.

The location of the garden is a minimum of 50 feet back from the front property line.

(3)

Recreational facilities.

(4)

Planned unit development.

(5)

Institutions for human care.

(6)

Site condominiums.

(Ord. No. 7, § 10.3, 4-18-83; Ord. No. 14-01, § 5, 3-3-14)

Permitted use requirements in the R-3 district are:

(1)

Minimum lot area: fourplex—20,000 square feet; townhouse—three acres.

(2)

Minimum lot frontage: fourplex—100 feet; townhouse—300 feet.

(3)

Maximum percentage of building coverage: 35 percent.

(4)

Yard setbacks:

(5)

Setbacks from highway and roads subject to section 58-139.

(6)

Maximum building height: 2½ stories above grade or 35 feet.

(7)

Signs: subject to article V of this chapter.

(Ord. No. 7, § 10.4, 4-18-83)

The R-4 district is designed to accommodate the township's need for high-density dwellings in structures of four stories or greater in a safe and attractive environment.

(Ord. No. 7, § 11.1, 4-18-83)

The following are permitted uses in the R-4 district:

High-rise apartments (4 or more stories) served by public sewer and water and an approved fire/smoke sprinkler system.

(Ord. No. 7, § 11.2, 4-18-83)

The following special uses are permitted in the R-4 district:

(1)

Planned unit development.

(2)

Site condominiums.

(Ord. No. 7, § 11.3, 4-18-83)

Permitted use requirements in the R-4 district are:

(1)

Minimum lot area: four acres.

(2)

Minimum lot frontage: 300 feet.

Permissible density is no less than 16 nor more than 30 dwellings per buildable lot area.

(3)

Maximum percentage of building coverage: 35 percent.

(4)

Yard setbacks:

(5)

Setback from highway and roads subject to section 58-139.

(6)

Maximum building height: nine stories above grade or 90 feet.

(7)

Signs: subject to article V of this chapter.

(Ord. No. 7, § 11.4, 4-18-83)

The RMH district allows the development of medium-to-high-density residential mobile home park environments which are consistent with and promote the general health, safety, convenience and welfare of the citizens residing in mobile home parks.

(Ord. No. 7, § 12.1, 4-18-83)

The following are permitted uses in the RMH district:

Mobile home parks.

(Ord. No. 7, § 12.2, 4-18-83)

No special uses are permitted in the RMH district.

(Ord. No. 7, § 12.3, 4-18-83)

Requirements for the RMH district are:

(1)

Minimum lot area: 20 acres with sewer and water; 30 acres without water and sewer.

(2)

All mobile home parks shall comply with the Mobile Home Commission Act, Act No. 419 of the Public Acts of Michigan of 1976 (MCL 125.1101 et seq., MSA 19.855(1) et seq.), as amended, and any amendatory acts and regulations that become applicable.

(Ord. No. 7, § 12.4, 4-18-83)

It is the purpose of the I district to foster and create areas that will be readily acceptable within the township and will complement rather than adversely affect adjacent business establishments or residential neighborhoods by permitting industrial establishments which are:

(1)

Ones whose operations are relatively free from objectionable impact; or

(2)

Ones whose objectionable features will be obviated by design, operation or other appropriate means.

(Ord. No. 12-03, § 4, 2-20-12)

The following are permitted uses in the I district:

(1)

Carpenter shop, electrical, plumbing and heating or sheetmetal shop, printing, publishing or lithographing shop and electroplating.

(2)

Wholesale, warehousing and storage establishments.

(3)

Machine shops.

(4)

Crematories.

(5)

Laboratories.

(6)

Trade or industrial schools.

(7)

Veterinary clinics and outdoor kennels.

(8)

Auto equipment repair shops doing major repair.

(9)

Municipal or public service buildings

(10)

Micro breweries, breweries, small wineries, wineries, small distilleries and distilleries.

(11)

Research, development, design, testing and production facilities.

(12)

Commercial marihuana grower subject to chapter 5 "Marihuana Licensing Ordinance" and chapter 58, article XI "Marihuana Zoning Ordinance".

(13)

Commercial marihuana processor subject to chapter 5 "Marihuana Licensing Ordinance" and chapter 58, article XI "Marihuana Zoning Ordinance".

(14)

Commercial marihuana secure transporter subject to chapter 5 "Marihuana Licensing Ordinance" and chapter 58, article XI "Marihuana Zoning Ordinance".

(15)

Commercial marihuana safety compliance facility subject to chapter 5 "Marihuana Licensing Ordinance" and chapter 58, article XI "Marihuana Zoning Ordinance".

(16)

Mobile food vending units subject to chapter 51 of the Muskegon Charter Township Code of Ordinances.

(Ord. No. 12-03, § 4, 2-20-12; Ord. No. 15-03, § 3, 4-6-15; Ord. No. 19-9, § 2, 10-7-19; Ord. No. 23-06, § 14, 6-5-23)

The following special uses are permitted in the I district:

(1)

Outdoor warehousing and storage completely enclosed by a fence or wall with no goods, materials or objects stacked higher than the fence or wall.

(2)

Contractors' equipment storage yard, storage and sale of livestock feed and/or fuel, storage yard for vehicles of a delivery or hauling service, public utility service yard, lumber company, planing mill, stone or monument works.

(3)

Manufacturing. Any manufacturing use or process including assembling, fabricating, altering, converting, finishing, processing, treating and packaging except any use or process hereinafter specifically excluded or first listed as a permitted use in the industrial park district, and providing that such uses will not be hazardous, offensive or objectionable by reason of odor, dust, cinders, gas, fumes, noise, vibrations, radiation, refuse matter or water-carried waste.

(4)

Site condominiums.

(5)

Transportation, motor freight terminals and buildings, including garaging and maintenance of equipment.

(6)

Petroleum storage.

(7)

Prisons and other similar correctional facilities.

(8)

Motor freight terminal including garaging and maintenance of equipment; freight forwarding, packing and crating services and truck repairs or truck sales.

(9)

Automobile towing, including parking of a wrecker and inoperative vehicles waiting for immediate repairs.

(10)

Parking and storage of inoperative vehicles, provided that such screened by an opaque fence not less than six feet in height.

(11)

Commercial garages and automotive repair shops.

(Ord. No. 12-03, § 4, 2-20-12; Ord. No. 15-03, § 3, 4-6-15; Ord. No. 16-03, § 3, 3-21-16)

Permitted use requirements in the I district are:

(1)

Minimum lot area: one acre.

(2)

Minimum lot frontage: 150 feet.

(3)

Maximum percentage of building coverage: 50 percent.

(4)

Yard setbacks:

Buffer of trees and 50-foot side yards if adjacent to residential.

(5)

Front yard setback requirements: There will be a building setback line of not less than 75 feet on streets of 80-foot width and lot less than 50 feet on streets less than 80 feet wide.

(6)

Maximum building height: three stories or 45 feet.

(7)

Signs: subject to article V of this chapter.

(8)

The planning commission, after site plan review, may allow such other setback requirements as they deem practical.

(9)

General standards.

a.

Unless specifically mentioned, all activities in this district shall be carried on in completely enclosed buildings.

b.

Where properties adjoin residential and commercially zoned areas, storage of raw materials, finished or unfinished or any equipment or machinery necessary to the operation is permitted, but all storage areas shall be effectively screened by a solid, uniformly finished wall or fence with solid entrance and exit gates. The wall or fence shall in no case be lower than the enclosed storage.

c.

Landscaping shall be maintained in all required front, side and rear yards, in accordance with plans approved by the planning commission as a part of site plan review.

d.

Exterior lighting shall be arranged so that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets.

e.

Trash containers shall be enclosed by a structure covered on at least three sides. The property shall be maintained free from litter and in a sanitary condition.

f.

Air-conditioning units, heating oil storage tanks, or similar appurtenances shall be properly screened as approved by the planning commission.

(10)

Performance standards. It shall be unlawful to carry on or permit to be carried on any activity or operation or use of any land, building, or equipment that does not comply with all environmental limitations imposed by this section, other ordinances, statutes, and governmental regulations.

(Ord. No. 12-03, § 4, 2-20-12)

It is the purpose of the IP district to create industrial areas to accommodate a wide variety of industrial establishments who may operate to their maximum advantage without adversely affecting other nearby similar uses and activities.

(Ord. No. 7, § 14.1, 4-18-83)

(a)

Commercial marihuana grower subject to chapter 5 "Marihuana Licensing Ordinance" and chapter 58, article XI "Marihuana Zoning Ordinance".

(b)

Commercial marihuana processor subject to chapter 5 "Marihuana Licensing Ordinance" and chapter 58, article XI "Marihuana Zoning Ordinance".

(c)

Commercial marihuana secure transporter subject to chapter 5 "Marihuana Licensing Ordinance" and chapter 58, article XI "Marihuana Zoning Ordinance".

(d)

Commercial marihuana safety compliance facility subject to chapter 5 "Marihuana Licensing Ordinance" and chapter 58, article XI "Marihuana Zoning Ordinance".

(e)

Mobile food vending units subject to chapter 51 of the Muskegon Charter Township Code of Ordinances.

(f)

There are no other permitted uses in the IP district.

(Ord. No. 7, § 14.2, 4-18-83; Ord. No. 19-9, § 3, 10-7-19; Ord. No. 23-06, § 15, 6-5-23)

The following special uses are permitted in the IP district:

(1)

Manufacturing. Any manufacturing use or process including assembling, fabricating, altering, converting, finishing, processing, treating and packaging.

(2)

Warehousing, storage and wholesaling.

(3)

Transportation terminals.

(4)

Site condominiums.

(5)

Chemical manufacturing.

(6)

Research and development facilities and laboratories, including production facilities.

(7)

Corporate offices.

(8)

Trade and industrial schools.

(9)

Planned unit development.

(10)

Accessory uses.

(Ord. No. 7, § 14.3, 4-18-83; Ord. No. 10-04, § 6, 4-19-10)

Internal lot requirements in the IP district are:

(1)

Minimum lot size: one acre.

(2)

Minimum lot frontage: 150 feet.

(3)

Maximum percentage of building coverage: 75 percent.

(4)

Yard setbacks:

Buffer of trees and 200-foot side yards if adjacent to residential.

(5)

Front yard setback from highway and roads subject to section 58-229.

(6)

Maximum height: three stories or 45 feet.

(7)

Signs: subject to article V of this chapter.

(8)

The planning commission, after site plan review, may allow such other setback requirements as they deem practical.

(Ord. No. 7, § 14.4, 4-18-83)

The C-1 district is intended to provide for the orderly and attractive clustering, at appropriate locations, of retail business and service establishments which serve the day-to-day requirements of nearby residential areas, and to provide for mixed uses in designated areas.

(Ord. No. 12-03, § 5, 2-20-12; Ord. No. 13-11, § 2, 10-21-13)

(a)

The following are permitted uses in the C-1 district:

(1)

Grocery stores.

(2)

Shops, stores, or clinics for personal service, such as barbershops, beauty shops, real estate offices, doctor or dentist office, law office and insurance office.

(3)

Restaurants.

(4)

Bed and breakfast.

(5)

Banks, hardwares, sporting goods, pharmaceutical and allied products, florist shops, clothing and dry goods of all kinds, retail furniture and appliances.

(6)

Research, development, testing laboratories and offices without manufacturing.

(7)

Brewpubs.

(8)

Micro breweries, small wineries and small distilleries as long as the brewing area is less than 2,500 square feet.

(9)

Veterinary clinics and pet grooming services.

(10)

Marihuana provisioning center subject to chapter 5 "Marihuana Licensing Ordinance" and chapter 58, article XI "Marihuana Zoning Ordinance".

(Ord. No. 12-03, § 5, 2-20-12; Ord. No. 15-03, § 4, 4-6-15; Ord. No. 19-9, § 1, 10-7-19)

The following are permitted as a special use in the C-1 district:

(1)

Automotive, trailer, mobile and recreational vehicle sales and services, including commercial garages, automobile service/gas stations, and automotive repair shops.

a.

The following uses may be permitted in conjunction with automobile service/gas stations:

1.

Retail sales of gasoline, oil and similar products.

2.

Automobile washing.

3.

Automobile maintenance, including minor mechanical repairs such as tires, brakes, mufflers, oil changes.

(2)

Site condominiums.

(3)

Indoor recreation facilities.

(4)

Mixed uses.

a.

Mixed use standards.

1.

Mixed use means a building designed and constructed for a mixture of residential and commercial uses, either in a vertical or horizontal arrangement.

2.

Designated areas shall be defined as Apple Ave. corridor and Holton Rd. corridor.

3.

Minimum lot area requirements of the C-1 district must be met.

4.

Density of mixed use buildings shall comply with land coverage requirement for C-1 district.

5.

The maximum percent of residential floor area of a mixed use building shall be no more than 50 percent.

6.

Residential uses as part of a building in the referenced designated areas shall be allowed upon the issuance of a certificate of occupancy and/or certificate of compliance from the inspections department.

(5)

Preschools and daycare centers.

a.

Educational institution gardens may be permitted in conjunction with educational institutions, provided that:

1.

The maximum size of the garden is 500 square feet per two and one-half acres of property, to be pro-rated accordingly.

2.

The location of the garden is a minimum of 50 feet back from the front property line.

(6)

Storage units. Existing storage unit facilities located in a C-1 zone may be allowed to expand based on the following criteria:

a.

The proposed expansion will be operated so as to be harmonious and appropriate in appearance with the retail characteristic of the neighboring area, or intended land uses.

b.

The proposed expansion is not located within the first 100 feet of frontage of the parcel.

c.

Storage units shall not be used to manufacture, fabricate or process goods; conduct servicing or repair; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity.

d.

All property stored on the premises shall be entirely within an enclosed building.

e.

The proposed expansion would not disturb existing or future neighborhoods, and it would not be a detriment to the economic welfare of the township.

(Ord. No. 12-03, § 5, 2-20-12; Ord. No. 13-11, § 2, 10-21-13; Ord. No. 14-01, § 6, 3-3-14; Ord. No. 16-03, § 2, 3-21-16; Ord. No. 17-09, § 1, 8-7-17)

Permitted use requirements in the C-1 district are:

(1)

Minimum lot size: 12,000 square feet.

(2)

Minimum lot frontage: 80 feet.

(3)

Maximum percentage of building coverage: 75 percent.

(4)

Yard setbacks: rear—10 feet; side—10 feet each side, or such other yard setback as the planning commission shall approve.

(5)

Front yard setback from highway and roads subject to section 58-139.

(6)

Maximum height: two and one-half stories or 35 feet.

(7)

Signs: subject to article V of this chapter.

(8)

Site development standards:

a.

All points of entrance or exit for motor vehicles shall be subject to the rules and regulations of the county road commission, as amended.

b.

The outdoor space used for parking and vehicle stacking shall be paved and adequately drained.

c.

All areas used for the storage of trash and rubbish shall be screened by a vertical screen consisting of structural or plant materials no less than six feet in height, with a view obstructing door.

d.

The management of the establishment shall provide adequate trash and litter containers, and the policing of the parking lot and the shoulders of adjacent roadways. These areas shall be completely cleared of accumulated debris as often as necessary.

e.

Exterior lighting shall be so installed in a downward shining manner such that no illumination shall adversely affect the welfare of the adjacent property.

f.

Unless specifically mentioned, all activities shall be carried on in completely enclosed buildings.

g.

Landscaping shall be maintained in all required front, side and rear yards, in accordance with plans approved by the planning commission as part of the site plan review.

h.

Plans and specifications should provide for the proper development of roads, easements for drainage and utilities in such a way as to adequately and reasonably assure the protection of the public health, safety and welfare.

i.

Any building constructed shall have a minimum square footage of 1,350 feet, unless the planning commission shall authorize otherwise.

(9)

Site development standards for automobile service stations and commercial garages:

a.

Gasoline service station shall have 500 square feet of site area for each additional pump over four and 1,000 square feet of site area for each additional inoperable vehicle.

b.

Commercial garages and automotive repair shops shall have 1,000 square feet of site area for each additional service bay over two. There shall also be 300 square feet of additional site area for each space intended for storage of inoperable vehicles.

c.

All points of entrance or exit for motor vehicles shall be subject to the rules and regulations of the county road commission, as amended.

d.

All equipment including hydraulic hoist, pits, and oil lubrication, greasing and automobile washing, repairing equipment and body repair shall be entirely enclosed within a building. Any such portion of a building containing auto body shop or washing areas shall consist of a solid masonry wall or equivalent, approved by the building official, with no openings other than those required for access. There shall be no outside storage of merchandise such as tires, lubricants and other accessory equipment except that outdoor trash storage may be provided in a properly screened container.

e.

All activities, except those required to be performed at the fuel pump, shall be carried on inside a building. All vehicles upon which work is performed shall be located entirely within a building.

f.

There shall be no above ground tanks for the storage of gasoline, liquefied petroleum gas, oil or other inflammable liquids or gas.

g.

The automobile service station or commercial garage shall provide one parking space for each person employed at the station during any given period of the day. Each required parking space shall be no less than 200 square feet in area. No outdoor storage or parking of vehicles, other than those used by employees while on duty, will be roadways. These areas shall be completely cleared of accumulated debris as often as necessary.

(Ord. No. 12-03, § 5, 2-20-12)

(a)

Nothing contained herein shall restrict the power of the planning commission and township board under state law or other pertinent provisions of this chapter from making requirements set forth in section 58-259 more stringent.

(Ord. No. 12-03, § 5, 2-20-12)

The C-2 district is intended to provide for the orderly grouping of structures for a retail shopping center which includes the sale of commodities or performance of services for the entire community.

(Ord. No. 12-03, § 6, 2-20-12)

There are no permitted uses in the C-2 district.

(Ord. No. 12-03, § 6, 2-20-12)

The following are permitted as a special use in the C-2 district:

(1)

Retail stores.

(2)

Shops, stores or clinics.

(3)

Recreational facilities for the township such as theaters and bowling alleys.

(4)

Restaurants, taverns and cafes.

(5)

Public buildings.

(6)

Automotive, trailer, mobile home and recreational vehicle sales and service.

(7)

Banks.

(8)

Site condominiums.

(9)

Automotive, trailer, mobile and recreational vehicle sales and services, including commercial garages, automobile service/gas stations, and automotive repair shops.

a.

The following uses may be permitted in conjunction with automobile service/gas stations:

1.

Retail sales of gasoline, oil and similar products.

2.

Automobile washing.

3.

Automobile maintenance, including minor mechanical repairs.

b.

The following uses may be permitted in conjunction with commercial garages and automotive repair shops:

1.

Automobile towing, including parking of a wrecker and inoperative vehicles waiting for immediate repairs.

2.

Parking and storage of inoperative vehicles, provided that such screened by an opaque fence not less than six feet in height.

3.

Automobile body repairs.

(10)

Preschools and daycare centers.

a.

Educational institution gardens may be permitted in conjunction with educational institutions, provided that:

1.

The maximum size of the garden is 500 square feet per two and one-half acres of property, to be pro-rated accordingly.

2.

The location of the garden is a minimum of 50 feet back from the front property line.

(Ord. No. 12-03, § 6, 2-20-12; Ord. No. 14-01, § 7, 3-3-14)

Requirements in the C-2 district are:

(1)

Minimum lot size: five acres.

(2)

Minimum lot frontage: 400 feet.

(3)

Maximum percentage of building coverage: 50 percent.

(4)

Yard setbacks:

(5)

Front yard setback requirements from highway and roads. There shall be a building setback line of not less than 200 feet, or such other setback as the planning commission shall approve.

(6)

Maximum building height: two and one-half stories or 35 feet.

(7)

Signs: subject to article V of this chapter.

(8)

Site development standards:

a.

All points of entrance or exit for motor vehicles shall be subject to the rules and regulations of the county road commission, as amended.

b.

The outdoor space used for parking and vehicle stacking shall be paved and adequately drained.

c.

All areas used for the storage of trash and rubbish shall be screened by a vertical screen consisting of structural or plant materials no less than six feet in height, with a view obstructing door.

d.

The management of the establishment shall provide adequate trash and litter containers, and the policing of the parking lot and the shoulders of adjacent roadways. These areas shall be completely cleared of accumulated debris as often as necessary.

e.

Exterior lighting shall be so installed in a downward shining manner such that no illumination shall adversely affect the welfare of the adjacent property.

f.

Unless specifically mentioned, all activities shall be carried on in completely enclosed buildings.

g.

Landscaping shall be maintained in all required front, side and rear yards, in accordance with plans approved by the planning commission as part of the site plan review.

h.

Plans and specifications should provide for the proper development of roads, easements for drainage and utilities in such a way as to adequately and reasonably assure the protection of the public health, safety and welfare.

i.

Any building constructed shall have a minimum square footage of 1,350 feet, unless the planning commission shall authorize otherwise.

(9)

Site development standards for automobile service stations and commercial garages:

a.

Gasoline service station shall have 500 square feet of site area for each.

b.

Additional pump over four and 1,000 square feet of site area for each additional.

c.

Inoperable vehicle.

d.

Commercial garages and automotive repair shops shall have 1,000 square feet of site area for each additional service bay over two. There shall also be 300 square feet of additional site area for each space intended for storage of inoperable vehicles.

e.

All points of entrance or exit for motor vehicles shall be subject to the rules and regulations of the county road commission, as amended.

f.

All equipment including hydraulic hoist, pits, and oil lubrication, greasing and automobile washing, repairing equipment and body repair shall be entirely enclosed within a building. Any such portion of a building containing auto body shop or washing areas shall consist of a solid masonry wall or equivalent, approved by the building official, with no openings other than those required for access. There shall be no outside storage of merchandise such as tires, lubricants and other accessory equipment except that outdoor trash storage may be provided in a properly screened container.

g.

All activities, except those required to be performed at the fuel pump, shall be carried on inside a building. All vehicles upon which work is performed shall be located entirely within a building.

h.

There shall be no above ground tanks for the storage of gasoline, liquefied petroleum gas, oil or other inflammable liquids or gas.

i.

The automobile service station or commercial garage shall provide one parking space for each person employed at the station during any given period of the day. Each required parking space shall be no less than 200 square feet in area. No outdoor storage or parking of vehicles, other than those used by employees while on duty, will be roadways. These areas shall be completely cleared of accumulated debris as often as necessary.

(Ord. No. 12-03, § 6, 2-20-12)

(a)

The public interest is sometimes served by encouraging the proximity of uses which would normally be kept separate because they are classified in different zoning districts. It may be the case that certain commercial and industrial uses enhance each other and further the progress of community development. Conversely, the enforced separation of certain categories of use may not always be justified by evaluation of their performances and impacts. Thus, the intent of the M district is to enable these uses to be zoned together.

(b)

The M zoning district is intended to permit and control the development of areas for various compatible uses permitted by this chapter in other zoning districts and for other special uses not so permitted. In so doing, a degree of flexibility is allowed in the use, area, height, bulk and placement regulations for M developments. However, it is also the intent of the M district to afford each type of use reasonable protection from encroachment or interference by other incompatible land uses, and that reasonable protection be afforded to uses adjacent to the M zoning district.

(c)

All zoning pursuant to this division shall give due consideration to maintenance of reasonable conditions regarding emission and transmission of injurious or obnoxious noise, vibration, gas, smoke, dust, dirt, litter, odor, glare, traffic congestion, ease of police and fire protection, drainage, lateral land support, blighting influence, effect on surrounding property values, light and air, overcrowding of persons, sanitation, surface water and groundwater quality, water supply and sewage disposal, general appearance and character of the area, and other similar considerations having an effect on the achievement of the purposes of this chapter.

(Ord. No. 7, § 17.1, 4-18-83; Ord. No. 13-01, § 2, 1-22-13)

(a)

Mobile food vending units subject to chapter 51 of the Muskegon Charter Township Code of Ordinances.

(b)

There are no other permitted uses in the M district.

(Ord. No. 7, § 17.2, 4-18-83; Ord. No. 23-06, § 16, 6-5-23)

The following special uses are permitted in the M district:

(1)

Any use permitted in the I, C-1 or C-2 district.

(2)

Colleges.

(3)

Medical facilities.

(4)

Offices and office parks.

(5)

Philanthropic institutions.

(6)

Any other use deemed by the township board to be physically, environmentally and socially compatible with the surrounding area and consistent with the purpose of this district.

(7)

Site condominiums.

(Ord. No. 7, § 17.3, 4-18-83; Ord. No. 10-02, § 21, 3-15-10)

Requirements in the M district are:

(1)

Minimum lot area: 12,000 square feet.

(2)

Minimum lot frontage: 80 feet.

(3)

Maximum percentage of building coverage: 50 percent.

(4)

Yard setbacks:

If adjacent to residential:

(5)

Setback from highway and roads subject to section 58-139.

(6)

Maximum building height: two and one-half stories or 35 feet.

(7)

Signs: subject to article V of this chapter.

(Ord. No. 7, § 17.4, 4-18-83; Ord. No. 13-01, § 2, 1-22-13)

The M/S district is intended to provide locations for noncommercial/industrial office parks, office services, institutional facilities, research laboratories and similar facilities.

(Ord. No. 7, § 18.1, 4-18-83)

The following are permitted uses in the M/S district:

(1)

Governmental offices and garages.

(2)

Schools, both public and private.

a.

Educational institution gardens may be permitted in conjunction with educational institutions, provided that:

1.

The maximum size of the garden is 500 square feet per two and one-half acres of property, to be pro-rated accordingly.

2.

The location of the garden is a minimum of 50 feet back from the front property line.

(3)

Professional offices and clinics.

(Ord. No. 7, § 18.2, 4-18-83; Ord. No. 14-01, § 8, 3-3-14)

The following special uses are permitted in the M/S district:

(1)

Nursing homes and hospitals.

(2)

Vocational and trade schools.

(3)

Research, development and testing laboratories, and offices without manufacturing.

(4)

Child day care centers and nursery schools.

(Ord. No. 7, § 18.3, 4-18-83)

Permitted use requirements in the M/S district are:

(1)

Minimum lot area: one acre.

(2)

Minimum lot frontage: 150 feet.

(3)

Maximum percentage of building coverage: 50 percent.

(4)

Yard setbacks:

(5)

Setback from highway and roads subject to section 58-139.

(6)

Maximum building height: 2½ stories or 35 feet.

(7)

Signs: subject to article V of this chapter.

(Ord. No. 7, § 18.4, 4-18-83)

The P district is intended to provide a means to reserve certain lands within the township for use of the public, or to conserve areas within the township community for wildlife refuge and/or similar uses for the benefit of future generations.

(Ord. No. 7, § 19.1, 4-18-83)

There are no permitted uses in the P district.

(Ord. No. 7, § 19.2, 4-18-83)

Editor's note— Ord. No. 17-12, §§ 1, 2, adopted Oct. 2, 2017, repealed § 58-318, which pertained to special uses and derived from Ord. No. 7, § 19.3, adopted April 18, 1983; and Ord. No. 7, adopted May 6, 1991.

Requirements in the P district are:

(1)

Minimum lot area: ten acres.

(2)

Minimum lot frontage: 66 feet right-of-way to parcel.

(3)

Maximum percent of building coverage: 1.0 percent.

(4)

Yard setbacks:

(5)

Setback from highway and roads subject to section 58-139.

(6)

Maximum building height: 3½ stories or 35 feet.

(7)

Signs: subject to article V of this chapter.

(Ord. No. 7, § 19.4, 4-18-83)

(a)

The public interest is sometimes served by encouraging the proximity of uses which would normally be kept separate because they are classified in different zoning districts. It may be the case that certain commercial and industrial uses enhance each other and further the progress of community development. Conversely, the enforced separation of certain categories of use may not always be justified by evaluation of their performances and impacts. Thus, the intent of the GC district is to enable these uses to be zoned together.

(b)

The GC zoning district is intended to permit and control the development of areas for various compatible uses permitted by this chapter in other zoning districts and for other special uses not so permitted. In so doing, a degree of flexibility is allowed in the use, area, height, bulk and placement regulations for GC developments. However, it is also the intent of the GC district to afford each type of use reasonable protection from encroachment or interference by other incompatible land uses, and that reasonable protection be afforded to uses adjacent to the GC zoning district.

(c)

All zoning pursuant to this division shall give due consideration to maintenance of reasonable conditions regarding emission and transmission of injurious or obnoxious noise, vibration, gas, smoke, dust, dirt, litter, odor, glare, traffic congestion, ease of police and fire protection, drainage, lateral land support, blighting influence, effect on surrounding property values, light and air, overcrowding of persons, sanitation, surface water and groundwater quality, water supply and sewage disposal, general appearance and character of the area, and other similar considerations having an effect on the achievement

(Ord. No. 23-03, § 3, 3-6-23)

Any use permitted in the C-1 or C-2 district.

(Ord. No. 23-03, § 4, 3-6-23)

The following special uses are permitted in the GC district:

(1)

Any special use permitted in the C-1 or C-2 district.

(2)

Carpentry, electrical, plumbing, heating/cooling companies including outdoor yarding of company vehicles.

(3)

Trade schools.

(4)

Auto equipment repair shops doing major repair.

(5)

Any other use deemed by the township planning commission and board to be physically, environmentally and socially compatible with the surrounding area and consistent with the purpose of this district.

(Ord. No. 23-03, § 5, 3-6-23)

Requirements in the GC district are:

(1)

Minimum lot area: 12,000 square feet.

(2)

Minimum lot frontage: 80 feet.

(3)

Maximum percentage of building coverage: 75 percent.

(4)

Yard setbacks: rear—10 feet; side—10 feet each side, or such other yard setback as the planning commission shall approve.

(5)

Front yard setback from highway and roads subject to section 58-139.

(6)

Maximum height: two and one-half stories or 35 feet.

(7)

Signs: subject to article V of this chapter.

(8)

Site development standards as outlined in section 58-259(8).

(9)

Site development standards for automobile service stations and commercial garages as outlined in section 58-259(9).

(Ord. No. 23-03, § 6, 3-6-23)

Nothing contained herein shall restrict the power of the planning commission and township board under state law or other pertinent provisions of this chapter from making requirements set forth in section 58-323 more stringent.

(Ord. No. 23-03, § 7, 3-6-23)

The THD district allows the development of tiny home residential communities which are consistent with and promote the general health, safety, convenience and welfare of the citizens residing in tiny home residential developments.

(Ord. No. 24-03, § 3, adoption date not provided)

There are no permitted uses in the THD district.

(Ord. No. 24-03, § 4, adoption date not provided)

The following are special uses in the THD district:

Tiny home developments approved subject to section 58-72, "Planned unit developments" of the Muskegon Charter Township Code of Ordinances. Tiny homes are not permitted outside of THD communities.

(Ord. No. 24-03, § 5, adoption date not provided)

Use requirements are adjusted in accordance with section 58-72, "Planned unit developments" however shall not be adjusted below the following thresholds:

(1)

Tiny homes, in accordance with this division, are the only permitted dwelling units within a THD District.

(2)

Minimum lot area: 4,600 square feet.

(3)

Minimum lot frontage: 40 feet.

(4)

Maximum percentage of building coverage: 20 percent.

(5)

Yard setbacks.

a.

Front: 25 feet.

b.

Rear: 25 feet (40 feet if adjacent to existing and developed residential zoned property including residential site condominiums and residential PUD's).

c.

Side: 8 feet.

(6)

Maximum building height: one and ½ story above grade or 20 feet to the peak.

(7)

Section 58-72(c)(8) of the Muskegon Township Code of Ordinances open space requirement is adjusted for THD PUD's to the area of common open space within a THD PUD shall not be less than ten percent of the total land area of a PUD containing tiny homes.

(8)

Each lot within the development must have a deed restriction that the dwelling unit upon the lot must be owner occupied. No rentals. Further this requirement must be described within any home owners association document if created and in the development agreement. Further, violations of this requirement will result in $500.00 per day state civil infraction penalties.

(9)

Detached accessory structures within a THD PUD are limited as follows:

a.

Shall be limited to one per developed lot.

b.

Shall be limited to 120 square feet or smaller.

c.

Must be built in the same manner as the dwelling and match in appearance to the dwelling.

d.

The development agreement must dictate the location on the individual lots where the detached accessory structure can be placed. If the development agreement and planning commission approve it in the front yard, it can not be closer than 15 feet from the road right of way.

e.

Must be at least six feet from dwelling and at least three feet from side or rear property line.

(Ord. No. 24-03, § 6, adoption date not provided)

(a)

Tiny homes must be at least 240 square feet and less than 500 square feet.

(b)

Tiny home walls must be made of either solid wood or metal and the roof must be metal.

(c)

Tiny homes must have double-paned windows and the doors must be insulated.

(d)

Tiny homes must have a smoke and carbon monoxide detector in compliance with the International Fire Code (IFC).

(e)

Tiny homes must be connected to municipal water and sewer as required for all PUD's.

(f)

Tiny homes must have running water, flushing toilets, bathing facilities and electricity.

(g)

Tiny home must be constructed on a permanent concrete foundation and built in accordance with Michigan Residential Code. No basements.

(1)

Tiny homes on wheels and approved under the Michigan Vehicle Code are strictly prohibited.

(2)

Tiny homes constructed using shipping containers is strictly prohibited.

(h)

All tiny homes shall comply with the Michigan Residential Code and Michigan Tiny Home regulations as amended, and any amendatory acts and regulations that become applicable.

(Ord. No. 24-03, § 7, adoption date not provided)

Nothing contained herein shall restrict the power of the planning commission and township board under state law or other pertinent provisions of this chapter from making requirements set forth in section 58-333 more stringent.

(Ord. No. 24-03, § 8, adoption date not provided)