An administrative official who shall be known as the zoning administrator shall be designated by the city council to administer and enforce this ordinance. The administrator may be provided with the assistance of other persons as the city council may direct.

If the zoning administrator shall find that any provision of this ordinance is being violated, he/she shall notify the person responsible for the violations, indicating the nature of the violation and ordering the action necessary to correct it. He/she shall order discontinuance of any illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.

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

A.

The zoning administrator shall have the authority to issue zoning compliance permits in accordance with the requirements of this ordinance. The zoning administrator may attach reasonable conditions to the granting of a zoning compliance permit.

B.

It shall be unlawful to commence a use or change the type of use of land, or to change the type of use or type of occupancy of any building, or to extend any use on any lot on which there is a nonconforming use, or to construct or expand any building or structure, until the zoning administrator has determined the change to be in compliance with all applicable provisions of this ordinance and has issued a zoning compliance permit.

C.

The zoning administrator shall evaluate the structure, plans, specification and intended use of any structure that exceeds 100 square feet. Documented approval shall be provided once the zoning administrator has determined that such structure complies in all respects with this ordinance. Prior to this approval, it shall be unlawful to commence land clearing or excavation for the construction, relocation, or repair of any structure regulated by this ordinance.

D.

The zoning administrator shall not approve the issuance of a zoning compliance permit if all final plans, development agreements, escrow fees and any required performance guarantees are not provided to the city.

E.

It shall be unlawful for the zoning administrator to approve any plans or issue a zoning compliance permit for any excavation or construction or use until the zoning administrator has inspected the plans or proposal in detail and found them in compliance with this ordinance.

F.

Issuance of a zoning compliance permit shall in no case be construed as waiving any provision of this ordinance or any other city ordinance.

G.

The zoning administrator shall refuse to issue a zoning compliance permit if the property is in violation of this ordinance or any other city ordinance.

H.

The zoning administrator shall not refuse to issue a permit when the applicant complies with all requirements of this ordinance and all other applicable city, county, and state regulations. Violations of contracts, such as covenants or private agreements, which may result upon the granting of the permit, are not cause for refusal to issue a permit.

I.

When the zoning administrator receives an application for a zoning compliance permit, which requires planning commission, city council, or zoning board of appeals approvals, the zoning administrator shall so inform the applicant.

J.

A zoning compliance permit shall not be issued until all applicable fees, charges and expenses have been paid in full.

K.

The zoning administrator is not, under any circumstance, permitted to grant exceptions to the actual meaning of any clause, order, or regulation contained in this ordinance to any person making application to excavate, construct, move, alter or use either buildings, structures or land.

L.

The zoning administrator shall have the authority to make inspections of buildings or premises necessary to carry out his/her duties in the enforcement of the ordinance.

M.

The zoning administrator may not make changes to this ordinance or to vary the terms of this ordinance in carrying out his duties.

N.

The zoning administrator shall require every application for a building permit for excavation, construction, moving, alteration or change in type of use or type of occupancy, be accompanied by a site plan prepared that demonstrates compliance with the zoning ordinance.

O.

If a proposed excavation, construction, moving or alteration or use of land as set forth in the application is in conformity with the provisions of this ordinance and in conformance with the provisions of the building code, the zoning administrator shall allow a building permit to be issued, provided all other requirements for the permit are satisfied. If the zoning administrator does not approve an application for the permit, the reasons for the rejection shall be stated in writing on an appropriate form.

P.

The zoning administrator may accept a preliminary application and a lesser number of submitted documents than those required by this ordinance in situations where basic clarification is desired before proceeding with the further technical work; and the zoning administrator may on a preliminary submittal indicate tentative denial or tentative approval.

Q.

The zoning administrator shall enforce this ordinance and may issue stop work orders and municipal civil infraction citations/tickets for the violation of this ordinance.

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

A.

Except as may be provided for otherwise in this ordinance, the city council shall determine and set fees to be collected for all applications for zoning matters, permits, and approvals. These fees shall be collected prior to the issuance of any permit or certificate being issued, and other official actions required by this ordinance. No application shall be considered complete until all applicable fees have been paid to the city. Furthermore, city employees and officials shall not commence work on a given zoning application or matter until any and all fees have been paid to the city in full. The fee schedule shall be that adopted by resolution of the city council as amended from time to time.

B.

In addition to regularly established fees, the city council at its discretion may also require an applicant to submit to the city, at any time during the zoning review process, an amount of money determined by the city to be a reasonable estimate of the fees and costs which may be incurred by the city in reviewing and acting upon any such application or related matters.

C.

Such costs and expenses to be charged or assessed to the applicant for reimbursement of the city's reasonable costs and expenses, may include, but shall not be limited to, city attorney fees, city engineering fees, costs and fees for services of outside consultants, fees and expenses of other professionals who may assist the city, costs and fees for studies and reports pertaining to the matters in questions, significant city employee time, special meeting costs, and other reasonable costs and expenses. Such monies shall be retained by the city for reimbursement of such costs and expenses. Any monies paid or deposited by an applicant, which are not used or spent by the city pursuant to an escrow fee shall be refunded.

D.

If, for some reason, the applicant does not pay, or the city does not collect, zoning escrow fees during the zoning review process, the city can still bill such costs and expenses to the applicant after the zoning review process has been completed and the applicant or landowner shall promptly pay/reimburse the city for the same.

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

A.

As a condition of approval of a site plan review, special land use, PUD, zoning compliance permit, variance, or other approvals authorized by this ordinance, the city council, planning commission, zoning board of appeals, or zoning administrator may require a performance guarantee or guarantees of sufficient sum to assure compliance with this ordinance, to assure compliance with a condition of approval or a permit, and to assure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety, and welfare of the public and of users or inhabitants of the proposed development.

B.

The features or components, hereafter referred to as "improvements," may include, but shall not be limited to, survey monuments and irons, streets, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, paving, driveways, utilities, and similar items.

C.

Performance guarantees shall be processed in the following manner:

1.

Required improvement:

a.

Prior to the issuance of a building permit, zoning compliance permit, or other approval or permit, the applicant or their agent shall submit an itemized cost estimate of the required improvements that are subject to the performance guarantee, which shall then be reviewed and approved by the zoning administrator.

b.

The amount of the performance guarantee shall be not more than 100 percent of the cost of purchasing of materials and installation of the required improvements, including the cost of necessary engineering and inspection costs and a reasonable amount for contingencies.

c.

The required performance guarantee shall be payable to the city and may be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety guarantee acceptable to the city.

d.

The zoning administrator shall not sign off on the issuance of a zoning compliance permit until all final plans, development agreements, escrow fees and any required performance guarantees are provided.

e.

The zoning administrator, upon the written request of the obligor, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. A portion of the performance guarantee shall be rebated in the same proportion as stated in the itemized cost estimate for the applicable improvements.

f.

When all of the required improvements have been completed, the obligor shall send written notice to the zoning administrator of completion of the improvements. Thereupon, the zoning administrator shall inspect all of the improvements and approve, partially approve, or reject the improvements with a statement of the reasons for any rejections.

g.

If partial approval is granted, the cost of the improvement rejected shall be set forth. Where partial approval is granted, the obligor shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvements not yet approved.

h.

The zoning administrator shall maintain a record of required performance guarantees.

2.

Compliance with conditions:

a.

As a condition of approval of a site plan, special land use, PUD, zoning compliance permit, variance, or other approvals authorized by this ordinance, the city council, planning commission, zoning board of appeals, or zoning administrator may require a performance guarantee or guarantees to ensure compliance with the approval and any conditions attached thereto.

b.

A required performance guarantee or guarantees shall be payable to the city and shall be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety guarantee with the amount, form, financial institution, and language acceptable to (and approved by) the city.

c.

The zoning administrator shall not sign off on the issuance of a zoning compliance permit or other permit or approval until all required fees and performance guarantees are provided to the city.

d.

The zoning administrator shall maintain a record of required performance guarantees pursuant to this subsection.

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

A.

An amendment to this ordinance may be initiated by the city council on its own motion or, in the manner and pursuant to the procedure hereinafter set forth, may be initiated by any person, firm or corporation filing an application therefore with the city council. The planning commission may, at its discretion, also initiate amendments to this ordinance through the zoning administrator and also recommend ordinance amendments to the city council for adoption.

B.

The following guidelines shall be considered by the planning commission, and may be used by the city council in consideration of amendments to the zoning ordinance:

1.

Text amendment:

a.

The proposed text amendment would clarify the intent of the ordinance.

b.

The proposed text amendment would correct an error in the ordinance.

c.

The proposed text amendment would address changes to the state legislation, recent case law or opinions from the Attorney General of the State of Michigan.

d.

The proposed text amendment would promote compliance with changes in other county, state or federal regulations.

e.

In the event the amendment will add a use to a district, that use shall be fully consistent with the character of the range of uses provided for within the district.

f.

The amendment shall not create incompatible land uses within a zoning district, or between adjacent districts.

g.

The proposed text amendment is supported by the findings of reports, studies, or other documentation on functional requirements, contemporary building practices, environmental requirements and similar technical items.

h.

As applicable, the proposed change shall be consistent with the city's ability to provide adequate public facilities and services.

i.

The proposed change shall be consistent with the city's desire to protect the public health, safety, and welfare of the community.

2.

Map amendment (rezoning): In making its recommendation to the city council, the planning commission shall consider the following criteria:

a.

Whether or not the proposed rezoning is consistent with the goals, policies and future land use map of the city master plan; or, if conditions have changed significantly since the master plan was adopted, the consistency with recent development trends in the area.

b.

Whether the proposed district and the uses allowed are compatible with the site's physical, geological, hydrological and other environmental features. The potential uses allowed in the proposed zoning district shall also be compatible with surrounding uses in terms of land suitability, impacts on the community, density, potential influence on property values and traffic impacts.

c.

Whether, if rezoned, the site is capable of the accommodating the uses allowed, considering existing or planned infrastructure including streets, sanitary sewers, storm sewer, water, sidewalks, and street lighting.

3.

Other factors deemed appropriate by the planning commission:

C.

Consideration of amendment by city council. Upon receipt of a report and summary of hearing comments from the planning commission as provided for in the Zoning Act, the city council may modify the proposed amendment or adopt it as presented by the planning commission. The modified language may be referred back to the planning commission for additional comment.

D.

Amendment procedure.

1.

Filing of applications. All petitions for amendments to this ordinance shall be in writing, signed and filed with ten copies provided to the zoning administrator, who will forward them to the planning commission.

2.

All petitions for amendments to this ordinance, without limiting the right to file additional material, shall contain the following:

a.

The petitioner's name, address and interest in the petition as well as the name, address and interest of every person, firm or corporation having a legal or equitable interest in the land.

b.

The nature and effect of the proposed amendment.

c.

If an individual property or several adjacent properties are proposed for rezoning, a location map, showing the location of the properties generally in the city, a legal description of the land(s) proposed for rezoning, the present zoning classification(s), the zoning classification of all abutting districts, and all public and private rights-of-way and easements bounding and intersecting the land under consideration.

d.

Any changed or changing conditions in the area or in the municipality which make the proposed amendment reasonable and necessary to the promotion of the public health, safety and general welfare.

e.

All other circumstances, factors and reasons which the applicant offers in support of the proposed amendment.

3.

The zoning administrator, after examining the submitted materials and approving the application as to form and content, shall refer the request to the planning commission for study and report to the city council.

4.

Before submitting its recommendations of the petition to amend, the planning commission shall hold at least one public hearing. Written notice of the meeting will be given to landowners and occupants 300 feet of the boundary of the property to be affected application. Notice shall be given in a newspaper of general circulation not less than 15 days prior to the public hearing. The notice shall include:

a.

The nature of the request.

b.

The property(s) that are the subject of the request including a listing of all existing street addresses within property(s). If there are no addresses other means of identification may be used.

c.

Location and time of the hearing.

d.

Where and when written comments may be received.

5.

The planning commission shall then refer the proposed amendment to the city council along with its summary of the public hearing and written recommendations for approval or disapproval and reasons therefore.

6.

Upon enactment, the zoning ordinance, as well as subsequent amendments or supplements, shall be filed with the city clerk, and one notice of ordinance adoption shall be published accordance with the requirements of the Zoning Act.

7.

Within seven days after publication, the amendment to the zoning ordinance shall be filed in the official ordinance book of the city with a certification of the city clerk stating the vote on passage and when published and filed. If the amendment requires a change on the official zoning map, the change shall be made on the within ten days after enactment of the amendment.

8.

With regard to text amendments to this ordinance requested by citizens, neither the planning commission nor the city council are required to initiate or pursue any such amendment, but may do so at their sole discretion.

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

A.

No property, premise, lot, structure, building, or use shall be used, erected or conducted in such a manner as to cause a nuisance to adjacent property or uses. Any structure, building, lot, or use that violates any provision or this ordinance shall be deemed to be a nuisance per se.

B.

Any building or structure which is erected, moved, placed, reconstructed, demolished, extended, enlarged, altered, maintained or changed in violation of any provision of this ordinance is hereby declared to be a nuisance, per se.

C.

A violation of this ordinance constitutes a municipal civil infraction offense. Any person or firm who violates, disobeys, omits, neglects, or refuses to comply with any provision of this ordinance, or any permit or approval issued hereunder, or any amendment thereof, or any person who knowingly or intentionally aids or abets another person in violation of this ordinance, shall be in violation of this ordinance and shall be responsible for a municipal civil infraction.

D.

For purposes of this section, "subsequent offense" means a violation of the provisions of this ordinance committed by the same person within 12 months of a previous violation of the same provision of this ordinance or similar provision of this ordinance for which the person admitted responsibility or was adjudged to be responsible. Each day during which any violation continues shall be deemed a separate offense.

E.

The city council, the zoning administrator, or their duly authorized representative(s) are hereby charged with the duty of enforcing the ordinance and are hereby empowered to commence and pursue any and all necessary and appropriate actions and/or proceedings in the District Court or Circuit Court of Muskegon County, Michigan, or any other court having jurisdiction, to restrain and/or prevent any noncompliance with or violation of any of the provisions of this ordinance, and to correct, remedy and/or abate the noncompliance or violation. And it is further provided that any person aggrieved or adversely affected by this noncompliance or violation may institute suit and/or join the city in the suit to abate the same.

F.

The rights and remedies provided herein are cumulative and in addition to other remedies provided by law.

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

A.

The zoning administrator shall have the authority to issue zoning compliance permits in accordance with the requirements of this ordinance.

B.

The zoning compliance permit is the permit issued by the zoning administrator before any entity or person is allowed to commence or expand a use or begin a new residential or commercial building/addition/operation in the city. The zoning compliance permit may be applied for through the zoning administrator and, if granted, is valid for one year. One extension of a zoning compliance permit for one additional year may be allowed by the zoning administrator. A second and final extension of a zoning compliance permit may be granted by the zoning administrator if 75 percent of the overall project is proven to be completed.

C.

In addition to a zoning compliance permit, other permits may be required by various county, state and federal entities, copies of which may be required for the property files by the zoning administrator or building inspector. Such permits include, but may not be limited to:

1.

An approved driveway permit from the Michigan Department of Transportation.

2.

Soil erosion and sedimentation control permit from Muskegon County.

3.

Electrical, mechanical and plumbing permits.

4.

Michigan Department of Environmental Quality Permit for wetland floodplain or inland stream modifications.

D.

Depending on the project, type of development and/or other factors, proof of various inspections and/or certifications of approval and/or completion may also required for the record by the city.

E.

It shall be unlawful to change the type of use of land, or to change or expand the type of use or type of occupancy of any building, or to extend any use on any lot on which there is a nonconforming use, until the zoning administrator has determined the change to be in compliance with applicable provisions of this ordinance and has issued a zoning compliance permit.

F.

It shall be unlawful to commence excavation for, or construction of, any building or other structure, including an accessory building, or to commence the moving, alteration or repair of any structure, including accessory buildings, exceeding 100 square feet in floor area, until the zoning administrator has given documented approval of his/her opinion that plans, specifications and intended use of such structure does in all respects conform to the provisions of this ordinance.

G.

It shall be unlawful for the zoning administrator to approve any plans or issue a zoning compliance permit for any excavation or construction or use until the zoning administrator has inspected the plans in detail and found them in compliance with this ordinance.

H.

Issuance of a zoning compliance permit shall in no case be construed as waiving any provision of this ordinance or any other city ordinance.

I.

The zoning administrator shall not refuse to issue a zoning compliance permit when the applicant complies with all requirements and conditions imposed by this ordinance and all other applicable city, county, and state regulations. Violations of contracts, such as covenants or private agreements, which may result upon the granting of the permit, are not cause for refusal to issue a permit.

J.

When the zoning administrator receives an application for a zoning compliance permit, which requires planning commission, city council, or zoning board of appeals approvals, the zoning administrator shall so inform the applicant.

K.

A zoning compliance permit shall not be issued until all applicable fees, charges and expenses have been paid in full.

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

A.

Upon notice from the zoning administrator that any use is being conducted or that any work on any building or structure is proceeding contrary to the provisions of this ordinance, such work or use shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, to owner's agent, or to the person doing the work and shall state the conditions, if any conditions, under which work or the use will be permitted to resume.

B.

Any person who shall continue to work in or about the structure, land or building or use it after having been served with a stop work order, except work that the person is directed by the zoning administrator to perform to remove a violation, shall be in violation of this ordinance.

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

The city council recognizes that there are certain instances where it would be in the best interest of the City of Muskegon Heights, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions and limitations could be proposed by an applicant as part of an application for a rezoning. Therefore, it is the intent of this section to provide a process by which an applicant seeking a change in zoning districts may propose a zoning agreement, with conditions and commitments attached thereto, as part of the application for the requested rezoning. These provisions shall be in accordance with the provisions of the Zoning Act, as amended.

A.

[Definitions.] The following definitions shall apply to this section:

1.

Rezoning offer shall mean conditions proposed by the applicant and approved by the city that are processed as part of an approval under this section. These conditions shall constitute permanent requirements for and in connection with the development and/or use of the property approved with a zoning agreement.

2.

Zoning agreement shall mean a written agreement offered by the applicant and approved and executed by the applicant and the city and recorded with the Muskegon County Register of Deeds, incorporating the rezoning offer along with any requirements necessary to implement the rezoning offer. When necessary, the zoning agreement shall also include and incorporate, by reference, a site plan that illustrates the implementation of the rezoning offer. This plan shall not replace the requirement for a site plan as outlined in chapter 14 or other approvals that may be required by this ordinance.

B.

Eligibility. An applicant for rezoning may submit a proposed zoning agreement with an application for rezoning.

C.

Zoning agreement.

1.

The zoning agreement shall set forth the rezoning offer and shall include those terms necessary to implement the agreement. In addition, the zoning agreement shall include the following acknowledgments and understandings that:

a.

the zoning agreement and the rezoning offer were proposed voluntarily by the applicant, and that the city relied upon the agreement and may not grant the rezoning without the rezoning offer and terms spelled out in the zoning agreement.

b.

The zoning agreement and its terms and conditions are authorized by all applicable state and federal laws and constitutions, and that the zoning agreement is valid and was entered into on a voluntary basis, and represents a permissible exercise of authority by the city.

c.

The property shall not be developed and/or used in any manner that is not consistent with the zoning agreement.

d.

The approval and the zoning agreement shall be binding upon the property owner and the city, and their respective heirs, successors, assigns, receivers or transferees.

e.

If a rezoning with a zoning agreement becomes void in accordance with the Zoning Act, no development shall take place and no permits shall be issued unless and until a new zoning district classification for the property has been established or a new rezoning with a zoning agreement has been approved.

2.

Each of the requirements and conditions in the zoning agreement represents a necessary and reasonable measure which, when considered with all other conditions and requirements, is roughly proportional to the increased impact or other condition created by the uses, activities or conditions represented in the approved rezoning and zoning agreement, taking into consideration the changed zoning district classification and the specific use(s), structures, activities, or conditions authorized.

3.

No part of the zoning agreement shall permit any activity, use, structure, or condition that would otherwise violate any requirement or standard that is otherwise applicable in the new zoning district.

D.

Rezoning offer.

1.

The zoning agreement shall specify the rezoning offer and any requirements necessary to implement it. However, the rezoning offer may not authorize uses or developments of greater intensity or density, and/or which are not allowed in the new zoning district; nor may any variances from height, area, setback or similar dimensional requirements in the Zoning Ordinance of the City of Muskegon Heights be allowed unless a variance has been previously granted by the ZBA pursuant to the requirements chapter 17.

2.

Any uses proposed as part of a zoning agreement that would otherwise require approval of a special land use permit and/or site plan shall be approved as required in chapter 16 prior to establishment of or commencement of development of the use.

E.

Procedure for application, review and approval.

1.

An application for rezoning shall be the same as outlined in section 17.05. In addition to the required materials listed, a zoning agreement in a recordable format acceptable to the city shall be submitted, along with any plans necessary to illustrate the rezoning offer.

2.

The application may be amended during the process of city consideration, provided that any amended or additional rezoning offers are entered voluntarily by the applicant.

3.

The zoning agreement shall be reviewed by the city attorney prior to the required planning commission public hearing. The city attorney shall determine that the zoning agreement conforms to the requirements of this section and the Zoning Act, as amended, and shall confirm that the zoning agreement is on a form acceptable for recording with the Muskegon County Register of Deeds.

4.

An escrow fee deposit may be required by the city to cover any and all costs incurred for addressing the zoning agreement request.

F.

Approval.

1.

If the rezoning and zoning agreement are approved, the zoning classification of the rezoned property shall consist of the district to which the property has been rezoned, plus a reference to the zoning agreement. The zoning map shall specify the new district, plus a small letter "a" to indicate that the property is subject to a zoning agreement (i.e., "LR-a"). The city clerk shall maintain a listing of all properties subject to zoning agreements and shall provide copies of the agreements upon request.

2.

Upon rezoning, the use of the property in question shall conform to all of the requirements regulating use and development within the new zoning district as well as the zoning agreement; however, the more restrictive requirements of the zoning agreement shall apply, and the zoning agreement shall supersede all inconsistent regulations otherwise applicable under the zoning ordinance.

3.

The approved zoning agreement shall be recorded with the Muskegon County Register of Deeds by the applicant with proof of recording provided to the city.

4.

Prior to development, a site plan shall be approved in accordance with chapter 14, if otherwise required.

G.

Continuation.

1.

Provided that all development and/or use of the property in question is in compliance with the zoning agreement, a use or development authorized under the agreement may continue indefinitely, provided that all terms of the rezoning offer and the zoning agreement continue to be adhered to.

2.

Failure to comply with the zoning agreement at any time after approval may constitute a breach of agreement, and further use of the property may be subject to legal remedies available to the city.

H.

Amendment.

1.

During the initial two-year period, or during any extension granted by the city as permitted above, the city shall not add to or alter the rezoning offer in the zoning agreement.

2.

The zoning agreement may be amended after the expiration of the initial two-year period and any extensions, in the same manner as was prescribed for the original rezoning and zoning agreement.

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

Except where expressly stated otherwise in this ordinance, whenever a public hearing on a zoning application or matter is required by this ordinance or by the Zoning Act (for example, where a rezoning, ordinance amendment, special land use, PUD, or ZBA matter is involved), notice of the public hearing shall be published and delivered in accordance with the requirements of this section and the Zoning Act.

A.

The notice of public hearing shall be published once, at least 15 days prior to the date of the public hearing, in a newspaper of general circulation in the city.

B.

For applications involving the rezoning of ten or fewer adjacent properties; for applications to the ZBA; and for all planned unit development and special land use applications, a notice of public hearing shall be mailed by way of U.S. first class mail or be personally delivered to the following persons, at least 15 days prior to the date of the public hearing:

1.

The applicant;

2.

All persons to whom real property is assessed for property tax purposes within 300 feet of the property that is the subject to the application;

3.

The occupants of all dwellings within 300 feet of the property that is the subject of the application; and

4.

All neighborhood organizations, public utility companies, railroads, and other persons that have requested to receive notice.

If the above-described 300-foot radius extends outside of the city's boundaries, then notice must also be provided outside of the city boundaries, within the 300-foot radius, to all persons in the above-stated categories.

C.

The notice of public hearing shall include the following information:

1.

A description of the nature of the application or request.

2.

An identification of the property that is the subject of the application or request. The notice shall also include a listing of all existing street addresses within the property; provided, however, that street addresses do not need to be created and listed if no such addresses currently exist within the property; and provided further that street addresses do not need to be listed if 11 or more adjacent properties are being proposed for rezoning.

3.

A statement of where and when the application or request will be considered.

4.

Indicate where and when written comments will be received concerning the application or request.

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

If a zoning approval or permit under this ordinance has been granted with a specific time limit and the use has not commenced or substantial construction has not begun pursuant to that approval within the time limit specified, the zoning approval or permit shall automatically expire (and be void) at the end of that time limit. No extension to that time limit shall be granted except by the city body, commission, or official which granted the initial zoning approval or permit. If a zoning approval or permit is silent with regard to a time limitation, the time limitation shall be deemed to be one year, and the zoning approval or permit shall expire (and be void) after one year if the use has not been commenced or substantial construction has not begun within said one year time limitation. A time extension may be granted only by the body, commission, or official that granted the initial zoning approval or permit.

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

The zoning administrator or building inspector may require proof of ownership from an applicant (including copies of a recorded deed or land contract) before the issuance of a zoning compliance permit or a building permit if it appears that the applicant may not be the owner (or sole owner) of the property involved. The city may also require that all owners of a particular property join in and sign the application or applications for any zoning or building request or application, including a building permit, variances, special land use requests, site plan review, zoning compliance permits, and any other zoning or building code action.

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

The zoning administrator or building inspector shall have the authority to require that an applicant or property owner provide the city with a current survey by a registered surveyor or engineer for one or more boundary or property lines of the lot or parcel involved (including providing a sealed survey drawing by such professional surveyor or engineer and with property boundaries staked by such professional) if the zoning administrator or building inspector determines that it is reasonably necessary in order for the city to determine whether the zoning setback, area, and other applicable requirements are met. The zoning administrator or building inspector may also require that the professional surveyor or engineer place stakes at specified relevant areas along the property line(s) and any setback lines or building envelopes. All such surveying costs shall be paid for by the applicant or property owner.

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

If a property owner or applicant violates any of the conditions or requirements attached to a zoning approval or zoning compliance permit, then the city body, board, or official that granted the zoning approval or permit may terminate the zoning approval or zoning compliance permit. Where a special land use, PUD, variance, or site plan approval was involved, no such revocation shall occur until and unless the property owner or applicant has been given reasonable notice and a public hearing has been held regarding the revocation.

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

Should any section, clause, or provision of this ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

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

Upon the effective date of this ordinance, the prior zoning ordinance for the City of Muskegon Heights shall be deemed repealed and replaced by this ordinance.

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

This ordinance shall become effective upon the expiration of seven days after the notice of adoption or summary for this ordinance appears in the newspaper as provided by law.

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