A.

Dumpsters.

1.

Outdoor trash containers or dumpsters exceeding 150 gallons in capacity shall be permitted only in the nonresidential districts and for multiple family uses, provided that they comply with this section, except that these structures may be permitted for reasonable periods on any properties undergoing construction activities. The placement of the container shall be included in the submitted site plan.

2.

Adequate vehicular access shall be provided to the containers for truck pickup either via a public alley or vehicular access aisle that does not conflict with the use of off-street parking areas or entrances to or exits from main buildings.

3.

A solid, ornamental screening wall or fence shall be provided around all sides of the containers. An access gate shall also be provided and be of the height that completely screens the containers. The maximum height of walls, fence or gate shall be six feet.

4.

The container or containers, the screening walls, fence and gate shall be maintained in a neat and orderly manner, free from loose rubbish, wastepaper and other debris.

B.

Site lighting.

1.

Lighting provided for security or visibility on any site shall be shielded to reduce glare and shall be so arranged and maintained as to direct the light away from any residential use.

2.

Lighting may be required for public safety purposes.

3.

Light fixtures shall be no higher than 30 feet and shall be provided with light cut-off fixtures that direct light downward.

4.

Lighting attached to buildings or other structures shall not permit light to be directed horizontally.

5.

Lights used for canopies for uses such as vehicle service stations, drive-in establishments and other similar uses shall be completely recessed in the canopy structure and shall not extend lower than the underside surface of the canopy.

6.

Pedestrian-scale lighting is allowed on site to provide safety for non-motorized transportation.

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

A.

It is the intent of this ordinance to protect existing site vegetation as a means of retaining community character. Significant site vegetation, including landmark trees shall be protected as much as practical and noted for protection on the site plan. If existing plant material is labeled "to remain" on a site plan by the applicant or is required by the city, protective techniques, such as, but not limited to, fencing or barriers placed at the drip line around the perimeter of the plant material shall be installed prior to grading and construction activities. No vehicle or other construction equipment shall be parked or stored within the drip line of any plant material intended to be saved.

B.

At least ten percent of any site subject to site plan review shall be landscaped. Protecting existing trees on site may be considered in lieu of required landscaping. Landscaping materials shall contain groundcover and live materials. Pavement gravel or other hard surfaces are not considered landscaping. A required greenbelt shall be a strip at least ten feet in width.

C.

The frontage of any development shall provide minimum of one canopy tree, of at least five feet in height for every 15 feet of length of road frontage.

D.

Green infrastructure. Stormwater must be stored on site to the extent possible. The addition of bioswales and rain gardens are required to the extent possible before retention ponds can be used. Green roofs and rooftop landscaping are allowed and may be used to meet landscaping requirements when there is not enough room on the ground.

E.

The planning commission may permit flexibility in setback areas and required landscape materials where natural amenities, such as landmark trees, are being protected and retained in the site development.

F.

The planning commission may alter plant material requirements or may require additional landscaping, berming, wall or a stockade fence in order to provide an effective screen. The purpose of greenbelts is to provide physical and visual separation between potentially incompatible uses.

G.

Ornamentals, shrubbery and perennials shall also be creatively placed in setbacks (including the side and rear setbacks) to accentuate the site (not necessarily to serve as a buffer). Landscaping should be placed to:

1.

Define cross-access easements, pedestrian ways and outdoor amenities like seating.

2.

Serve as windbreaks where warranted.

3.

Provide shade for parking areas.

4.

Break up large expanses of building walls without windows.

5.

Provide for long-term viability (for example, so as not to block the view of on-site signs in the future).

H.

The owner or occupant of property that is required to be landscaped by this ordinance shall at all times maintain such landscaping in a reasonably healthy condition, free from refuse and debris. All unhealthy and dead material shall be replaced promptly.

I.

Replacement required. Should any tree required by this ordinance to be preserved or planted die, it shall be the responsibility of the owner/developer to replace the dead tree with two trees for every one tree lost with trees of a minimum of three inches in diameter four and one-half feet above the ground.

J.

The city may require a performance guarantee, per section 17.04, to ensure the installation of required landscaping.

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

The off-street parking required by this chapter shall be provided in accordance with the following requirements:

A.

Multiple dwellings. The off-street parking facilities for multifamily dwellings shall be located on the same lot or plot of ground as the dwellings they are intended to serve, and shall consist of a parking lot as defined elsewhere in this chapter. In no event shall any uncovered parking space for any multiple-family dwelling be located nearer than ten feet to any main building.

B.

Manufactured housing communities. The off-street parking required may be located on each manufactured home site or in parking lots conveniently located and readily accessible to each site. Parking spaces shall meet the minimum area requirements as outlined in this chapter.

C.

Commercial and industrial land uses. The off-street parking required may be located on each site or in parking lots within 300 feet of and readily accessible to each site.

D.

Joint use of facilities. Provision of common parking facilities for several uses in the same vicinity is encouraged. Where businesses have alternate schedules the planning commission may permit reduced total parking provided a deferred parking area is reflected on the approved site plan.

E.

Parking lot landscaping. Parking lots exceeding 5,000 square feet (including all parking spaces, lanes, drives and other areas devoted to vehicular use) shall be landscaped with at least one landscape island. For each additional 5,000 square feet (or each additional 20 spaces, whichever is greater) an additional landscape island shall be required. Landscape islands shall be at least 180 square feet in size, with a minimum width of three feet. Landscape islands shall be landscaped with one shade canopy tree and three shrubs for every eight parking spaces. Canopy trees shall be a minimum of 12 feet in height with a minimum caliper of two inches at four and one-half feet above the ground.

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

A.

All parking facilities, access driveways, and business and industrial parking areas shall be constructed of a durable and dust-free surface. Such facilities shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area, and shall be completely constructed prior to a certificate of occupancy being issued, unless a performance guarantee has been submitted in accordance with the procedures of section 17.04.

B.

In all zoning districts, the pavement surfacing of the portion of any driveway between the right-of-way, and the edge of the roadway surface shall be asphalt, concrete or a similar impervious pavement; or an acceptable pervious or permeable pavement, as determined by the zoning administrator, such as porous asphalt, pervious concrete, permeable interlocking pavers, or a similar material. Loose aggregate, gravel, stone, unreinforced grass or sod, soil, and similar materials shall be prohibited.

C.

Adequate ingress and egress to the parking lot, by means of limited and clearly defined drives, shall be provided for all vehicles. Such drives shall be located so as to minimize traffic conflicts with adjoining uses and roadways.

D.

Wheel stops shall be provided and so located as to prevent any vehicle from projecting over the lot or setback lines, or over a sidewalk. Such devices shall be securely anchored into the parking lot to ensure that they remain stationary.

E.

Plans for the layout of off-street parking facilities shall be in accordance with the parking space dimensions of this ordinance. The minimum parking space dimensions for a layout not provided for in the regulations shall be ten feet in width, 18 feet in length.

F.

Non-motorized transportation requirements: All new buildings must include a plan for non-motorized transportation. The plan must include the following:

1.

A complete sidewalk in good condition running the entire length of the property.

2.

Bike racks located on public or private property within 300 feet.

3.

Pedestrian scaled lighting from the bike rack to the building.

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

If an applicant demonstrates that the required amount of parking spaces is excessive, the planning commission may defer construction of a portion of the required parking spaces for nonresidential uses if the following conditions are met:

A.

Areas shown for deferred parking shall be shown on a site plan and shall be sufficiently large to permit the construction of the total number of parking spaces required by this chapter. Such areas shall not be used for any other purpose required by this ordinance and shall be kept open.

B.

Alterations to the deferred parking area to add parking spaces may be initiated by the owner or the zoning administrator based on parking needs. Parking spaces shall be added in accordance with the approved site plan; further approval of the site plan shall not be required.

C.

Deferral of a portion of the otherwise required parking area shall not eliminate the need for the owner to comply with all other requirements of this ordinance.

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

To minimize excessive areas of pavement which detract from the aesthetics of an area and contribute to high rates of stormwater runoff, no parking lot shall have parking spaces totaling more than an amount equal to 20 percent greater than the minimum parking space requirements, except as may be approved by the planning commission pursuant to a parking need study submitted by the applicant.

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

Plans for the development, expansion or reconfiguration of any parking lot shall be submitted and approved, in conformance with the site plan review requirements of chapter 14.

The construction of any parking lot shall be in accordance with the requirements of the provisions of this ordinance. Such construction shall be completed and approved by the zoning administrator before actual use of the property as a parking lot, and before a certificate of occupancy is issued.

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

On the same premises with every building or structure involving the receipt or distribution of vehicles, materials or merchandise there shall be provided and maintained on the same lot with such building or addition, 1) an area or means adequate for maneuvering and ingress and egress for delivery vehicles; and 2) off-street loading spaces in relation to floor areas as follows:

A.

Up to 20,000 square feet = one space required.

B.

Twenty thousand square feet or more, but less than 50,000 square feet = two spaces required.

C.

One additional space for each additional 50,000 square feet or fraction thereof.

D.

Loading spaces shall be placed so as to avoid undue interference with public use of dedicated rights-of-way and parking areas.

E.

All loading spaces shall be at least ten feet by 50 feet, or a minimum of 500 square feet in area. A minimum 14-foot clearance height shall be provided.

F.

Loading spaces shall only be permitted off-street and in the rear yard or interior side yard.

G.

All dedicated loading spaces shall be provided with a pavement having an asphalt or concrete binder so as to provide a permanent, durable and dustless surface.

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

A.

General. It shall be unlawful for any person to erect, place, or maintain a sign in the city except in accordance with the provisions of this ordinance. Any sign that is not expressly allowed under an applicable provision of this ordinance is prohibited.

B.

Permit. Unless otherwise provided by this ordinance, no sign may be installed or utilized until and unless the city has issued a zoning compliance permit for it. The application for the zoning compliance permit must include all of the following:

1.

The name of the applicant (and owner of the premises, if different than the applicant;

2.

The size of the sign;

3.

Plans and specifications for the sign;

4.

The proposed method of construction, erection, structural alteration, or relocation, and a description of the equipment to be used for such work;

5.

The payment of any required fee or fees.

C.

General setbacks. Unless a different setback is specified for a particular sign elsewhere in this ordinance, all signs must be set back at least ten feet from a road right-of-way and 20 feet from all other property boundaries

D.

Landscaping. The base portion of a freestanding sign shall be landscaped with low maintenance plants. Such landscaping may be placed in stone, masonry or treated wood bases or containers to achieve a pleasant aesthetic arrangement. Such landscaping shall be reasonably maintained at all times

E.

Traffic hazards. No sign may be constructed, erected, displayed, maintained, reconstructed or located so that it creates a hazard for vehicle or pedestrian traffic. If the Muskegon County Road Commission or State of Michigan traffic engineers or the city determines that any sign is a traffic hazard, the zoning administrator shall notify the owner to remove the sign. In determining whether a sign may be causing a traffic hazard, the zoning administrator can consider, but is not limited to, the following:

1.

Height, area, supporting structure and distance from ground level of the sign;

2.

Lighting of the sign;

3.

Location of the sign in relation to roads;

4.

Drives, points of ingress and egress, parking areas, sidewalks, and other vehicular or pedestrian access ways;

5.

Location of the sign in relation to nearby buildings and structures; and

6.

If it may, by reason of its position, shape, color, or other characteristics, interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device, or be distracting to motorists.

F.

Maintenance. All signs shall be properly maintained in good condition and reasonable repair at all times. Exposed surfaces shall be clean and painted, if paint is required. Defective or damaged parts must be replaced in a timely fashion. The zoning administrator has the authority to order the repair or removal of any sign that is unsafe, as defined by the Michigan Building Code or its successor code.

G.

Out-of-business establishment. If a sign advertises a business, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and the sign faces shall be removed, covered or replaced with blank faces within 60 days after written notification from the city to the sign owner, owner of the property where the sign is located, or other party having control over the sign. Any expense incurred by the city incidental to removal shall be paid by the sign owner, owner of the property or other party having control over the sign. The expenses associated with sign removal may constitute a lien upon the property to be collected in the same manner as real property taxes.

H.

PUD signs. Only signs approved by the planning commission and city council in authorizing the planned unit development are allowed.

I.

Lawful nonconforming signs. The regulations for lawful nonconforming signs are contained in chapter 4 of this ordinance.

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

A.

The following types of signs are expressly prohibited:

1.

Any sign that has flashing, intermittent, or blinking lights or strobes, excluding time and temperature signs and barber pole signs (which are permitted).

2.

Signs imitating or resembling official traffic or governmental signs or signals.

3.

Any sign not expressly permitted by this ordinance.

4.

Balloons, strings of light bulbs, pennants, streamers, or flags (other than those of a governmental nature not used for the purpose of business advertisement or attraction) hung to draw attention to a business or its merchandise on display.

5.

Banners and portable signs.

6.

Abandoned signs, which shall be removed within 30 days of the cessation of the business, use or activity.

7.

A sign that contains an intermittent or sequential flashing light source used to attract attention to a business or other commercial activity.

8.

A rotating or moving sign in which the sign itself or any portion of the sign moves in a revolving or similar manner.

9.

Vehicle signs not used during the normal course of a lawful business that are parked or located for the primary purpose of displaying the advertising copy.

10.

Festoons, pennants, nongovernmental flags, banners, inflatable figures, and streamers and except as expressly permitted in this chapter.

11.

Snipe signs.

12.

Any sign that obstructs free access to or egress from a required door, window, fire escape, or other required exit from a building or structure.

13.

Any sign which makes use of the words "Stop," "Look," or "Danger," or any other words, phrase, symbols, or characters, in such a manner as to interfere with, mislead, or confuse drivers.

14.

Roof signs.

15.

Signs on street furniture, such as benches and trash receptacles, not including commemorative plaques or engravings which are not larger than one-half square foot.

16.

Business logos or other advertisements on directional signs.

17.

Off-premises signs, unless expressly permitted in this ordinance.

18.

Animated signs.

B.

No business vehicle, which in the opinion of the zoning administrator has the intended function of acting as a sign, shall be parked in any area abutting the road.

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

The following signs shall be exempt from the provisions of this chapter:

A.

Governmental signs.

B.

Signs for essential services.

C.

Historical markers.

D.

Memorial signs or tablets.

E.

Political signs provided they meet the size limitations of the district.

F.

Signs with an address and name of the owner or occupant, of not more than one square foot in area, attached to a mailbox, light fixture, or exterior wall.

G.

Temporary yard and garage sale signs of four-square feet in size or less, located on the property on which the sale is conducted so long as no lot displays such a sign or signs for more than 14 days per calendar year.

H.

Window signs provided the total area of all signs within one foot of the window shall not obscure more than 50 percent of the window area.

I.

Flags or insignia of any nation, state, local government, community organization, or educational institution.

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

A.

It shall be unlawful for any person to erect, place, maintain, or continue a sign upon any lands in the city except in accordance with the provisions of this ordinance.

B.

All signs shall be stationary, securely anchored or fastened to the ground or structure and shall be designed and constructed to withstand a 90-mile per hour ground wind load.

C.

Signs shall pertain only to the business or activity conducted on the premises, except for political signs, community special event signs, and billboards.

D.

Real estate signs shall not exceed four-square feet in total area and be removed within 30 days after completion of the sale or lease of the property.

E.

Political signs shall not exceed four square feet in total area and be removed within five days after the election or referendum to which the sign refers.

F.

No sign shall be placed in, or extend into, or obstruct clear vision in any public right-of-way.

G.

The leading edge of the sign shall be a minimum of two feet away from the road right-of-way.

H.

Construction signs are permitted subject to the following restrictions:

1.

One construction sign may be erected on the site where work is scheduled to begin.

2.

Construction signs shall not be larger than 32 square feet in total area and shall not exceed eight feet in height.

3.

Construction signs shall not be erected until a building permit has been issued for the building or project which is the subject of the proposed sign and construction activity has begun.

4.

Construction signs shall be removed within 15 days after the issuance of any occupancy permit for the building or structure which is the subject of the construction sign.

I.

Community special event signs shall not exceed 16 square feet in total area and may be permitted for a period not to exceed 30 days for any single event. No more than five such signs shall be permitted for any single event and such signs shall be removed within two days of the end of the event.

J.

On-site directional signs shall not exceed four square feet in total area per sign, shall not be higher than three feet, and shall not be located closer than five feet to any right-of-way line. No more than two directional signs per road frontage are permitted for any property or use.

K.

No wall sign shall project above the roof line.

L.

Temporary signs are permitted subject to the following restrictions:

1.

A temporary sign shall only be displayed upon receipt of a permit issued by the zoning administrator.

2.

No temporary sign shall be displayed on any one lot or parcel for more than 30 consecutive days for any one permit period and no more than two permits shall be issued for any lot or parcel during any calendar year.

3.

Upon expiration of the permit, the sign shall be removed by the permit holder.

4.

No temporary sign shall exceed 32 square feet in total area.

5.

No temporary sign shall be closer than five feet from any right-of-way or property line.

6.

All temporary signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area.

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

The purposes of access management overlay regulations are to coordinate access to Getty and Sherman Avenues in the interest of enhancing traffic safety, reducing congestion, maintaining traffic capacity, and minimizing highway expansion while providing continuing opportunities for growth and development within these highway corridors. It is the intent of this ordinance that land uses share access, provide cross access or alternative access wherever possible or provide alternative access as means to accomplish these purposes.

The following regulations shall be applicable to all lots abutting on Getty and Sherman Avenues in the city. No building shall be erected or enlarged, no use shall be changed or commenced, and no access shall be constructed or altered except in conformance with the following access management regulations; provided, however, that the enlargement of an existing one-family dwelling shall not require conformance with these regulations.

A.

Access spacing. The minimum horizontal distance between any two accesses on the same side of the road, whether streets or driveways, as measured from their centerlines, shall be 275 feet. This spacing requirement shall apply to all uses and may be accomplished by any of the following means:

1.

By owning sufficient frontage on the roadway to meet the spacing requirement; or

2.

By assembling sufficient frontage to meet the spacing requirement; or

3.

By sharing access via shared driveways, easements and/or cross access agreements, or

4.

In the event the access spacing standards cannot be satisfied on an individual parcel due to frontage deficiencies, one temporary private driveway may be approved, provided an access management plan is submitted by the applicant, and approved by the planning commission, that incorporates the principles of shared driveways, cross easements, or alternative. Individual dwellings shall not be required to have an access management plan.

B.

Residential access. No new private residential driveway access shall be permitted directly to the road unless no other alternative is available. Wherever two or more residential lots are created which have no alternative access, a single shared driveway or road access shall be required.

C.

Existing individual driveways. If a lot or use has one or more existing individual driveway accesses to the highway, said accesses shall be allowed to remain in use provided they are not relocated or altered. In the event such accesses are altered, they shall be made to more fully comply with the access requirements of this section.

D.

Access design and approval. The design of any direct access to the roadway shall be as required by the city.

E.

Flexibility permitted. As part of the site plan review process, the actual location of an access may be varied by the planning commission if it can be demonstrated that the intent of this section to minimize the number of individual driveways and coordinate accesses is fulfilled in the interests of maintaining highway capacity, reducing congestion, and improving traffic safety.

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

Private road review and development process:

A.

Private streets are permitted in all zoning districts for residential uses only, subject to the design, construction, and maintenance standards of this section.

B.

Private streets shall be approved by the planning commission through the site plan review process and shall include construction specifications for the streets.

C.

Design standards for private streets shall meet all of the standards of the following table:

D.

Any lot created with frontage on both a public road and private street shall have its driveway access only off the private street.

E.

Regulation Michigan State Highway stop signs shall be positioned and installed in accordance with the Michigan State Manual of Uniform Traffic Control Devices on all private streets.

F.

The private street shall be constructed with such stormwater runoff, culverts, and drainage contours as is required by the city to ensure adequate drainage and runoff.

G.

Private streets in excess of 200 feet in length shall provide a turnaround area for emergency vehicle access.

H.

Water and sewer easements shall be provided as part of the private street approval process.

I.

The private street shall be given a name and road signs shall be installed in accordance with the standards and approval of the city. Private streets shall have a standard stop sign where the private street abuts any public road and/or where two or more private streets abut.

J.

The method and construction technique to be used in the crossing of any natural stream, wetland, or drainage course shall satisfy the requirements of the city engineer and any other agency having jurisdiction thereof.

K.

Cul-de-sac or dead-end streets are strongly discouraged.

L.

All private streets shall have names approved by the proper county office.

M.

All private streets shall be under the control of an approved and recorded road maintenance agreement and deed restrictions which provide for the perpetual maintenance of such roads and/or easements to a necessary and reasonable standard to serve the several interests involved. These documents shall be subject to review and approval by the city attorney before recording and shall contain the following provisions:

1.

Method of initiating and financing of such street and/or easements in order to keep the road in a reasonably good and usable condition.

2.

A workable method of apportioning the costs of maintenance and improvements.

3.

An authorization that if repairs and maintenance are not made, the city council may exercise a special assessment district to bring the street up to the design standards specified in this ordinance and assess owners of parcels on the private street for the improvements, plus an administrative fee.

4.

A notice that no public funds of the county or city are to be used to build, repair or maintain the private street unless the special assessment district is created.

5.

Such other language as is required by the city.

N.

All private streets shall be continuously maintained in a way that they are readily accessible to and usable by emergency vehicles in all types of weather.

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