This appendix shall be known and may be cited as the "City of Muskegon Heights Zoning Ordinance."

(Ord. No. 19-635, 9-23-19)

This ordinance is established for the following purposes:

A.

To promote and protect the public health, safety, and general welfare.

B.

To protect the stability of the economy, the character of residential development, and the viability of commercial and industrial areas within City of Muskegon Heights and to promote the orderly and beneficial development of these areas.

C.

To provide adequate light, air, privacy and convenience of access to property.

D.

To regulate the intensity of use of land and lot areas and determine the area of open spaces surrounding buildings and structures necessary to provide adequate space and to protect the public health.

E.

To lessen and avoid congestion on the highways and streets.

F.

To prevent the overcrowding of land and undue concentration of buildings and structures, so far as possible and appropriate, in each zoning district, by regulating the use and bulk of buildings in relation to the land surrounding them.

G.

To protect the environment and conserve the expenditure of funds for public improvements and services.

H.

To conserve lands, waters and other natural resources for their most suitable purposes.

I.

To reduce hazards to life and property from flooding, air, and water pollution.

J.

To secure safety from fire and other dangers.

K.

To facilitate economical development of educational, recreational and other public facilities; to ensure appropriate locations and relationships of land uses; to ensure proper development of housing and commerce; and to enhance the social and economic stability of the City of Muskegon Heights.

(Ord. No. 19-635, 9-23-19)

Zoning affects all structures, buildings, activities, and land uses within the city.

City buildings, structures, and uses are also subject to this ordinance.

(Ord. No. 19-635, 9-23-19)

This ordinance is enacted pursuant to the State of Michigan Zoning Act, PA 110 of 2006, as amended.

(Ord. No. 19-635, 9-23-19)

The prior City of Muskegon Heights Zoning Ordinance, adopted April 26, 2012, as amended, and any prior zoning ordinances for the city are hereby repealed effective coincident with the effective date of this ordinance. The repeal of said ordinances shall not have the effect of releasing or relinquishing any penalty, forfeiture or liability incurred under the prior ordinance, or any part thereof, and the prior ordinance shall be treated as still remaining in force for the purpose of instituting or sustaining any proper action for the enforcement of any penalty, forfeiture, or liability.

Conditions that have been attached to land, buildings, structures, and uses resulting from actions under a prior ordinance shall remain in effect unless specifically waived by this ordinance, or through proper amendment, subject to the requirements of this ordinance.

(Ord. No. 19-635, 9-23-19)

The provisions of this ordinance are the minimum requirements necessary for the protection of the health, safety, comfort, morals, convenience and general welfare of the people at large.

If there are found to be differences between the meaning or implication of any drawing, table, figure, title or section heading, the text of this ordinance shall apply.

This ordinance shall not repeal, abrogate, 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 city is a party.

Conflict or inconsistency:

A.

Internal: Unless otherwise specifically stated within this ordinance, if two or more provisions are in conflict or are inconsistent with one another, then the most restrictive provision shall apply.

B.

Local regulations: Where this ordinance imposes greater restrictions, limitations, or requirements upon the use of buildings, structures, activities, or land; the height of buildings or structures; lot coverage; lot areas; yards or other open spaces; or any other use or utilization of land than are imposed or required by other existing laws, ordinances, regulations, private restrictions, or restrictive covenants, the provisions of this ordinance shall control.

C.

Federal and state regulations: Whenever a provision of the ordinance imposes a greater restriction or a higher standard than is required by any state or federal code or regulation, county or city ordinance or regulation, the provision of this ordinance shall apply. Whenever a provision of any state or federal code or regulation, county or city ordinance or regulation imposes a greater restriction or a higher standard than is required by this ordinance, the provision of the state or federal code or regulation, or other county or city ordinance or regulation shall apply.

D.

Private restrictions: Whenever a private covenant, contract, commitment, agreement, or other similar private land use regulation imposes a greater restriction or a higher standard than is required by a provision of the ordinance, the city is not obligated to enforce the provisions of such private covenants, contracts, commitments, agreements, or other similar regulations to which the city is not a party. Unless the city has an ownership interest in the property, a deed restriction is enforced by the parties to the agreement, not by the city.

E.

State law amendments: Whenever codes cited in this ordinance refer to Michigan law that has been amended or superseded, this ordinance shall be deemed automatically amended in reference to the new or revised code.

(Ord. No. 19-635, 9-23-19)