A.

Fairness and Equity. Provide a clear and comprehensible development review process that is fair and equitable to all interests including applicants, affected neighbors, and the City;

B.

Orderly Review Process. Establish an orderly review process for all proposed projects involving construction of a building or other structure, any site improvements or alterations or a modification in the use of land within the City that is consistent with this Ordinance;

C.

Compliance with Ordinance. Ensure that land, parcels, and lots are appropriately developed so that their use and operation comply with all applicable requirements of this Ordinance; and

D.

Provide for Health, Safety, and General Welfare. Advance development in compliance with this Article that shall be generally harmonious with surrounding properties and shall not endanger the health, safety, and general welfare of existing, prospective, or future owners, users, surrounding and adjoining properties, and the public.

A.

Table 11.02.A. summarizes the review procedures and approval authorities that have roles in the procedures set forth in this Article.

B.

Zoning Administrator.

1.

Where the provisions of this Ordinance authorize or direct the Zoning Administrator to perform any act or carry out any function, such act or function may also be carried out by a deputy or deputies designated by the City Manager.

2.

The Zoning Administrator shall have the power to grant certificates of zoning compliance, carry out site plan review, and to make inspections of premises necessary to carry out his/her duties in the enforcement of this Ordinance, and to otherwise carry out the duties assigned herein.

3.

The Zoning Administrator shall be responsible for maintaining the Official Zoning Map.

4.

The Zoning Administrator shall order discontinuance of illegal uses of land, buildings, signs or structures; removal of illegal buildings, signs or structures; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to ensure compliance with, or prevent violations of its provisions.

A.

Purpose and Intent. The purpose of Site Plan Review is to provide for consultation and cooperation between the land developer and the City of North Muskegon in order to accomplish the developer's objectives in harmony with the existing and prospective use and development of existing properties. It shall further be the purpose of this Section to insure that each proposed development and its components, appearance, and function is in compliance with this Ordinance, other City ordinances, along with state and federal laws. The Site Plan Review procedures and standards of this Section are intended to provide a consistent and uniform method of review for proposed development plans. Through the application of the following provisions the attainment of the development goals contained in the City of North Muskegon Master Plan will be assured.

B.

Exempted. Submission of a site plan is not required in the following circumstances:

1.

Single-family and two-family dwellings in residentially zoned areas.

2.

Accessory structures or accessory dwelling units in residentially zoned areas.

C.

Applicability. Submission of a site plan is required for any of the following:

1.

Any development or use for which the submission of a site plan is required by the provisions of this Ordinance.

2.

Any proposal to change, replace with a different use, or add a use on an existing site.

3.

All condominium developments.

4.

All uses permitted by Special Land Use.

5.

All Planned Unit Developments.

6.

Wireless communication facilities.

D.

Administrative Site Plan Review.

1.

Site plan review may be conducted by the Zoning Administrator for all uses permitted by right. Site Plan Review will be conducted by the Planning Commission for all instances as listed above in Section 11.03.C.

2.

The Zoning Administrator may send any site plan to the Planning Commission for site plan approval because of the intensity of the development proposed and potential effects on properties in the general vicinity.

E.

Application Process. An application for Site Plan Review shall be made to the City by filing three (3) paper copies one (1) PDF copy to scale of the application form and all required plans with the Planning Department at least thirty (30) days in advance of a regularly scheduled Planning Commission meeting. Fees are required to be paid in accordance with the fee schedule as established by the City Council.

1.

The application shall contain:

a.

A completed application form, as provided by the City. The application shall be signed by an owner of, or person having an interest in the property to be developed, or an authorized representative. The applicant's name, address, and phone number;

b.

Payment of a fee, in accordance with a fee schedule, as determined periodically by a City Council resolution;

c.

A legal description, including the permanent parcel number and address of the subject property;

d.

Project description;

e.

The gross and net acreage of all lots or parcels in the project;

f.

Existing zoning classification, land uses, and structures on the subject lots or parcel(s);

g.

Additional information as determined to be necessary by the Zoning Administrator.

2.

Site Plan Information. Each submittal for Site Plan Review shall be accompanied by a detailed site plan which shall consist of an accurate drawing showing the entire site and all land within three hundred (300) feet of the site. The scale of the site plan shall not be less than one (1) inch = forty (40) feet if the site is less than three (3) acres, and one (1) inch = one hundred (100) feet if the site is three (3) acres or more. If multiple sheets are used, each shall be labeled and the preparer shall be identified.

3.

The information listed below shall be included on the site plan. The authority reviewing the site plan may waive any requirement upon a finding that the requirement is not relevant to the proposed development.

a.

Name of the development and general location sketch showing an area within one-quarter (¼) mile of the subject property showing the property location.

b.

Name, address, and phone number of owner(s), developer, site engineer, architect, and/or designer.

c.

North arrow, scale, and date of original drawings and revisions.

d.

A legal description and address of the site.

e.

The area of the site in square feet and acres, excluding all existing and proposed rights-of-way.

f.

The location and width of all existing public roads, rights-of-way or private easements of record, abutting streets, and driveway locations to abutting streets.

g.

Existing land uses and zoning classifications of the site and adjacent parcels.

h.

Existing topographic elevations at two (2)-foot intervals, including ground elevations of all existing buildings and structures and any unusual surface conditions.

i.

The location and elevations of existing water courses and water bodies, including county drains and man-made surface drainage ways, floodplains and wetlands.

j.

Significant natural features and other natural characteristics, including but not limited to open space, stands of trees, flood plains, and hills.

k.

The location and dimensions (length, width, height) of all existing and proposed structures on the subject property and any existing structures within three hundred (300) feet of the subject property.

l.

All lot lines with dimensions and all required minimum setbacks from existing or proposed rights-of-way and from adjacent parcels along with actual setback distances of all buildings and structures on the site.

m.

Number of acres allocated to each proposed use and gross area in building, structures, parking, public and/or private streets and drives, and open space.

n.

Dwelling unit densities by type, if applicable.

o.

Location of any signs not attached to the building.

p.

Proposed finish grade of buildings, driveways, and parking lots.

q.

Proposed utility service.

r.

Proposed storm water management plan.

s.

Soil erosion and sedimentation control measures.

t.

Buffering or landscaping plan, if required.

u.

Lighting plan, if required.

v.

Notation of any variances which may have been or need to be secured.

w.

The phasing of all development.

x.

Approval of the local fire authority saying that the site plan provides sufficient access to buildings and structures by emergency vehicles.

F.

Criteria for Granting Site Plan Approval. Each site plan shall conform to all applicable provisions of this Ordinance. The following criteria shall be used by the Planning Commission or Zoning Administrator when reviewing site plan for a recommendation or an approval. To approve a site plan, the Planning Commission or Zoning Administrator must find that each of the following standards has been met, and to deny a site plan the Planning Commission must find that just one (1) of the standards has failed to be met:

1.

All elements of the site plan shall be harmoniously and efficiently designed in relation to the topography, size, and type of land, and the character of the adjacent properties and the proposed use.

2.

The site plan shall comply with the Zone District requirements for lot size, setbacks, and all other requirements set forth in this Ordinance.

3.

The existing natural landscape shall be preserved in its natural state as much as possible by minimizing tree and soil removal and by topographic modifications that result in maximum harmony with adjacent properties.

4.

The site plan shall demonstrate how reasonable visual and sound privacy will be preserved.

5.

There shall be special attention given to proper site drainage. Appropriate measures shall be taken to insure that the site is properly drained and that the removal of all surface water will not adversely affect adjacent properties.

6.

All proposed streets and roads shall conform to City of North Muskegon design standards.

7.

The site plan shall demonstrate how the site is served by water and sewage facilities.

8.

Any use permitted in any Zone District must comply with all applicable county, state and federal regulations relating to health, pollution, noise, smoke, dust, vibration, noxious and odorous matter, glare, head, erosion control, floodplains, wetlands, electromagnetic radiation, fire and explosive hazards, and toxic and hazardous materials. Site plan approval may be conditioned on the applicant receiving the necessary county, state, and federal permits before final site plan approval or a building permit granted.

G.

Amendments.

1.

Once a site plan has been approved, changes to an approved site plan shall require the resubmission and payment of the required application fee, unless it is determined that the changes involve ten (10) percent or less change in the proposed building floor area or off-street parking.

2.

Minor changes may be approved by the Zoning Administrator upon certification in writing to the Planning Commission that the proposed revision does not alter the basic design nor any specified conditions of the plan as agreed upon by the Planning Commission. The Zoning Administrator shall consider the following to be a minor change:

a.

Reduction of the size of any building and/or sign.

b.

Movement of buildings and/or signs by no more than ten (10) feet, provided that such movement does not cause a violation of this Ordinance.

c.

Landscaping approved in the site plan that is replaced by similar landscaping to an equal or greater extent.

d.

Changes in floor plans which do not alter the character of the use or increase the amount of required parking.

e.

Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design.

f.

Changes required or requested by the City as it relates to their roads within the City or a Muskegon County department for safety reasons.

3.

Each approved modification shall have the signatures of the applicant and the Zoning Administrator as well as the date of the modification.

H.

Duration of Approval.

1.

Site plan approval shall be valid for one (1) year after the date of the approval by the Planning Commission.

2.

If the applicant does not obtain a building permit within one (1) year after the date of the approval, the site plan shall expire unless extended by a majority vote of the Planning Commission.

I.

Violation and Revocation.

1.

The breach of any condition or requirement shall be considered a violation of the Site Plan Review approval and a violation of this Ordinance.

2.

Revocation of an approved site plan shall be communicated in writing by certified mail to the property owner and/or the applicant.

A.

Application. The application for Special Land Use review shall be made on the forms and according to the guidelines provided by the City Clerk. Each application shall be accompanied by the following:

1.

A site plan which includes all the information required by Section 11.03.

2.

A letter describing the proposed use of the property.

3.

Other information which the Planning Commission may reasonably deem necessary for adequate review.

4.

The application shall be submitted by the owner having an interest in land for which the Special Land Use approval is sought, or by the owner's designated agent. The applicant or a designated representative shall be present at all scheduled review meetings or consideration of the proposal may be tabled due to lack of representation.

B.

Notice. Upon receipt of a complete application, site plan, and attachments, the Planning Commission shall send notice of the public hearing at which the Special Land Use application will be considered, consistent with the requirements of Section 11.09.

C.

Planning Commission Decision. The Planning Commission shall review the application for the Special Land Use permit, together with the site plan and any findings and reports and recommendations of City consultants and other reviewing agencies. The Planning Commission shall approve, approve with conditions, or deny the Special Land Use request.

D.

Standards for Granting Special Land Use Approval. To approve a Special Land Use, the Planning Commission shall find that each of the following standards are met. In order to deny a Special Land Use request, the Planning Commission must find that just one (1) of the following standards has failed to be met:

1.

Master Plan/Zoning. The proposed use will be consistent with the purpose and intent of the Master Plan and Zoning Ordinance.

2.

Compatibility. The location, scale, and intensity of the proposed use shall be compatible with adjacent uses and zoning of land.

3.

Neighborhood Effects. The proposed use shall not adversely impact the social and economic well-being of those who will use the proposed land use or activity; residents, businesses, and landowners immediately adjacent; or the City as a whole.

4.

Public Services. The proposed use shall be consistent with existing and future capabilities of public services and facilities affected by the proposed use.

5.

Nuisance. The proposed use does not involve activities, processes, materials and equipment or conditions of operation that will have significant impact to any persons, property or the general welfare by reason of traffic, noise, smoke, fumes, glare or odors.

6.

Environment. The proposed use will be compatible with the natural environment.

7.

Site Plan Review Standards. The site plan accompanying the Special Land Use request meets all standards within Section 11.03.

E.

Effective Duration of Special Land Use Approval.

1.

Special Land Use approval shall run with the land but may be issued for specified periods based upon the impacts of the proposed use to surrounding property.

2.

Special Land Use approval shall be valid for one (1) year after the date of the approval by the Planning Commission.

3.

If the applicant does not obtain a building permit within one (1) year of the date of the approval, the Special Land Use shall expire unless extended by a majority vote of the Planning Commission.

F.

Expansion or Amendment of Special Land Uses.

1.

An approved Special Land Use must resubmit an application, consistent with the process provided for in this Section when either of the following conditions are met, as determined by the Zoning Administrator:

a.

The usable floor space increases by twenty-five (25) percent or more.

b.

Changes to the Special Land Use occur that affect neighboring properties, increase demand on public services, constitute an expansion of the Special Land Use beyond the original approval, or are otherwise inconsistent with the original application and approval.

2.

When an application is received to expand or change the use, traffic pattern, or other elements of a Special Land Use, the application shall be subject to the same procedures followed for an original Special Land Use application.

3.

The denial of an application to expand or amend an existing Special Land Use shall not nullify or prohibit the applicant from continuing to operate in conformance within the specifications of the original (existing) Special Land Use approval.

G.

Revocation of Special Land Use Approval. The Planning Commission may revoke a Special Land Use approval if construction is not in conformance with the associated site plan or if operation of the Special Land Use violates conditions of the approval or the Special Land Use standards on which the approval was originally granted. Revocation of a Special Land Use shall follow the same public hearing and notice procedure as approval of the Special Land Use. In order to revoke the Special Land Use, the Planning Commission must find that one (1) or more of the standards contained in Section 11.04.D. are no longer met.

A.

Purpose and Intent. Planned Unit Developments (PUDs) are a method to provide for flexibility in the regulation of land development; to encourage innovation in land use and variety in design, layout, and type of structures; to achieve economy and efficiency in the use of land, natural resources, energy, and the provision of public services and utilities; to encourage useful open space; and to create better living, working, and shopping environments. The PUD District may permit the relaxation of the conventional requirements found in other Zone Districts. The use of land and the construction and use of buildings and other structures as Planned Unit Developments shall be in conformance with the procedures, standards, requirements, and conditions for eligibility contained in this Section.

B.

Qualifying Conditions. Any PUD development:

1.

Shall not be less than one (1) acre of fully contiguous property not separated by a public road, railroad, or other such feature or barrier. The Planning Commission may consider a PUD on lesser acreage or on property separated by the aforementioned barriers if it is clear that the proposed PUD substantially promotes the intent of a PUD as stated above.

2.

Shall be served by public water and sanitary sewer facilities.

3.

Shall be either in one (1) ownership, filed jointly by the owners of all properties, or through option agreements relating to the property in question.

4.

Shall provide open space per the following requirements:

a.

The PUD development shall contain usable open space in an amount equal to at least twenty (20) percent of the total PUD site. The Planning Commission may consider a PUD with a lesser amount of open space if it is clear that the proposed PUD substantially promotes for the intent of a PUD as stated in above. It is noted that open space is a very important element of a PUD and reductions to the open space provision should be granted only as a result of specific, clearly documented reasons.

b.

Useable open space shall not include required yards or buffers, parking areas, drives, rights-of-way, utility or road easements, storm water detention ponds, and structures.

c.

Such open space shall be permanently set aside for the benefit, use, and enjoyment of present and future occupants of the PUD through covenant, deed restriction, open space easement, or similar legal instrument acceptable to the City; or, if agreed to by the City Council, the open space may be conveyed to the City for the use of the general public.

C.

Permitted Uses.

1.

Any principal or accessory land uses permitted in any Zone District, either as a use by right or a use subject to Special Land Use approval under this Ordinance, or any combination of such uses, may be considered within the PUD district. Provided, however, that the Planning Commission and the City Council reach a finding that all such proposed uses and the impacts they may generate on one (1) another and on the surrounding community shall be generally compatible and harmonious with one (1) another.

D.

Pre-Application Conference.

1.

Upon request to the Zoning Administrator, a pre-application conference shall be held with the City of North Muskegon for the purpose of exchanging information, providing guidance to the applicant, and determining the eligibility of the request for consideration as a PUD.

2.

As part of the pre-application conference, the applicant shall submit copies of a conceptual plan, at a reasonable time period in advance of the pre-application conference, which shows the property location, boundaries, significant natural features, vehicular and pedestrian circulation, and land use for the entire site.

3.

The City shall advise the applicant of the conformance of the PUD concept with the intent and objectives of a PUD in the City of North Muskegon, and whether it meets the qualifying conditions listed above. No formal action will be taken at a pre-application conference nor will statements made at the pre-application conference be considered legally binding commitments by any party.

E.

PUD Concept Plan and Rezoning.

1.

Application. Following the pre-application conference, applicants seeking approval of a PUD Concept Plan shall submit a complete application for review to the Zoning Administrator who shall schedule a date and time for a public hearing and Planning Commission review. Such application shall include the following:

a.

A completed application form, supplied by the Zoning Administrator.

b.

Payment of a fee, as established by the City Council.

c.

A statement giving the objectives of the PUD and how they relate to the intent of the PUD District, as described in Section 11.05.A. above.

d.

Proposed standards for the PUD. The applicant may select a "base" Zone District and identify proposed deviations from that district. At a minimum, these standards must include:

i.

A list of all proposed uses, total acreage, and/or square footage devoted to each use.

ii.

All proposed setbacks, lot sizes, and other applicable yard and lot requirements.

iii.

Total number of dwelling units, number of rooms per unit and proposed density.

e.

A PUD Concept Plan that includes:

i.

The location of all buildings, structures, driveways, parking areas, and other proposed site improvements.

ii.

The location and size of parks, open recreation areas, other open space, and all public and community uses, including proposed maintenance provisions for private open spaces.

iii.

Phases of development and approximate time frame for each phase.

iv.

Proposed deed restrictions, covenants, or similar legal instruments to be used within the PUD.

v.

A table which specifically details all deviations from the base Zone District, or provides specific guidance related to area, height and setback regulations, off-street parking regulations, general provisions, or subdivision regulations which would otherwise be applicable to the uses and development proposed in the absence of the PUD.

vi.

Any additional graphics or written materials requested by the Zoning Administrator, Planning Commission or City Council to assist in the review of the project proposal.

f.

Sufficient copies of PUD materials shall be provided to the Zoning Administrator. If the PUD is to be developed in phases, the preliminary development plan shall show all phases. The preliminary plan shall contain the same information required in Section 11.03, Site Plan Review.

g.

Upon receipt of an application for a PUD Concept Plan, the Zoning Administrator shall cause notice to be given, in accordance with the requirements of Section 11.09.

2.

Planning Commission Recommendation.

a.

Following notice, the Planning Commission shall hold a public hearing on the proposed PUD Concept Plan, for the purpose of receiving public comment on the application.

b.

Following the public hearing, the Planning Commission shall review the PUD application materials and Concept Plan based on the Standards for Approval listed in Section 11.05.F and shall recommend approval, approval with conditions, or denial of the PUD Concept Plan.

3.

City Council Action.

a.

After receiving the recommendation of the Planning Commission, the City Council shall review the application package, PUD Concept Plan, the record of the Planning Commission proceedings, and the recommendation.

b.

The Council shall then approve, approve with conditions, or deny the proposed PUD Concept Plan and Rezoning.

4.

Expiration of PUD Concept Plan and Rezoning.

a.

The applicant shall submit an application to the Zoning Administrator for site plan approval within twelve (12) months of the City Council's approval of the PUD Concept Plan.

b.

If the applicant fails to submit an application within twelve (12) months as stated above, then the PUD Concept Plan shall be determined to be invalid and the property shall revert back to the prior Zone District.

c.

If the site plan submitted expires (see Section 11.03.G) and there are no other active site plans for the PUD, the PUD Concept Plan shall be determined to be invalid and the property shall revert back to the prior Zone District.

d.

No part of a PUD Concept Plan may be appealed to the Zoning Board of Appeals for a variance. This provision shall not prevent an individual lot owner from seeking a variance (e.g., a residential detached garage variance related to setbacks) following final approval of the PUD, provided such variance does not involve alterations to open space areas as shown on the approved PUD site plan.

F.

Standards for Approval. PUD Concept Plans shall be approved only if they comply with each of the following standards:

1.

The proposed project is consistent with the spirit and intent of the PUD, as described in Section 11.05.A and represents an opportunity for improved or innovative development for the community that could not be achieved through conventional zoning.

2.

The proposed PUD complies with all qualifying conditions of Section 11.05.B.

G.

Planning Commission Review of Site Plan.

1.

The Planning Commission shall review any site plans in relation to their conformance with the PUD Concept Plan. If it is determined that the site plan is not in substantial conformance with the PUD Concept Plan, the applicant may proceed with an amendment to the Concept Plan (see Section 11.05.I).

2.

If the Site Plan is consistent with the approved PUD Concept Plan, the Planning Commission shall review the Site Plan in accordance with Section 11.03.

3.

The Planning Commission shall prepare a record of its findings and shall approve, approve with conditions, or deny the Site Plan.

H.

Development Agreement.

1.

Prior to issuance of any building permits or commencement of construction on any portion of the PUD, the applicant shall enter into an agreement with the City in recordable form, setting forth the applicant's obligations with respect to the PUD.

2.

The agreement shall describe all improvements to be constructed as part of the PUD and shall incorporate, by reference, the PUD Concept Plan, site plans, construction documents, and other documents which comprise the PUD, and all conditions attached to the Concept Plan approval by the City Council or Site Plan approval by the Planning Commission.

3.

The agreement shall also establish the remedies of the City in the event of default by the applicant in carrying out the PUD, and such remedies shall be binding on all successors in interest to the applicant.

4.

All documents shall be executed and recorded in the office of the Muskegon County Register of Deeds.

I.

Changes to an Approved PUD Concept Plan. The holder of an approved PUD Concept plan shall notify the Zoning Administrator of any desired change to the approved PUD. Changes to an approved Concept Plan shall be permitted only under the following circumstances:

1.

Minor changes may be approved by the Zoning Administrator upon determining that the proposed revision(s) will not alter the basic design and character of the PUD, standards incorporated as part of the approved Concept Plan, nor any specified conditions imposed as part of the original approval. Minor changes shall include the following:

a.

Reduction of the size of any building and/or sign.

b.

Movement of buildings and/or signs by no more than ten (10) feet.

c.

Landscaping approved in the final development plan that is replaced by similar landscaping to an equal or greater extent and is consistent with the standards of this Ordinance.

d.

Changes in floor plans, which do not alter the character of the use or increase the amount of required parking.

e.

Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design.

f.

Changes required or requested by the City, Muskegon County, or other state or federal regulatory agency in order to conform to other laws or regulations.

2.

A proposed change not determined by the Zoning Administrator to be minor shall be submitted as an amendment to the PUD Concept Plan and shall be processed in the same manner as the original PUD application. Any resulting amendments to the Development Agreement must be approved by City Council.

A.

Purpose and Scope. Site condominium projects are condominium developments in which each condominium unit consists of an area of vacant land and a volume of vacant air space within which a building or other improvements may be constructed by the condominium unit owner. Each site condominium unit may also have an appurtenant limited common element reserved for the exclusive use of the owner of the condominium unit. Either the condominium unit by itself, or the condominium unit taken together with any contiguous, appurtenant common element, shall be considered to constitute a building site which is the functional equivalent of a "lot" for the purpose of this Ordinance and other applicable laws, ordinances, and regulations.

1.

Site condominium projects may also include general common elements consisting of common open space, recreational areas, streets, and other areas available for use by all owners of condominium units within the project.

2.

Subject to the district zoning provisions applicable to the project's location, any land use permitted by the City of North Muskegon Zoning Ordinance in the relevant district may be permitted in a site condominium project.

3.

The purpose of this Section is to ensure that the plans for developments within the City of North Muskegon proposed under the provisions of the Condominium Act, Act 59 of the Public Acts of 1978, as amended shall be reviewed with the objective and intent of achieving the same characteristics as if the development and improvements therein were being proposed pursuant to the Subdivision Control Act, Act 288 of the Public Acts of 1967, as amended. It is further the intent of this Section to ensure that such development is in conformance with the requirements of this Ordinance, other applicable City ordinances and state and federal regulations.

B.

Site Condominium Review and Approval Procedures (Step I Review).

1.

Pre-application Meeting. Prior to the formal application for a site condominium development, the developer shall meet with the Zoning Administrator and other relevant city officials. The purpose of these meetings is to inform the City of the applicant's intent to initiate a site condominium project. On or before this meeting, the applicant shall submit the following to the City for distribution to all Planning Commission members:

a.

A sketch drawn to scale, indicating the general location and configuration of the property to be developed; the alignment of streets and building sites; and the relationship of the proposed project to adjacent streets and neighboring properties.

b.

A statement regarding the provision of sewer service and water supply.

2.

Application. An Application for preliminary review and approval of a site condominium subdivision shall be submitted.

3.

Preliminary Meeting.

a.

A preliminary meeting shall be scheduled after the submission of the application. During the preliminary meeting, the Zoning Administrator and other city officials, based on the information available, shall inform the applicant of the following:

i.

General requirements of this Section and other applicable provisions of this Ordinance.

ii.

Planned or anticipated sites of parks and recreation areas and other public uses.

iii.

Utility system capabilities.

iv.

Planned or anticipated public improvements, including streets, utility extensions, and the like.

v.

Street plans and potential problems relative to the natural features of the area, including, but not limited to floodplains, soil conditions, topography, and groundwater tables.

vi.

Additional information which will assist the applicant in proceeding in a reasonable and sound manner toward the final approval of the site condominium project.

b.

This review is intended for information purposes only and does not constitute binding commitments on the part of the City. Neither do they imply tentative approval of any proposed site condominium project. Furthermore, such discussions shall not carry the authority to proceed with construction or to sell or transfer property.

4.

State and County Applications. Following preliminary review, the applicant shall submit the site condominium subdivision plans to the following agencies for their approval:

a.

Michigan Department of Environment, Great Lakes, and Energy (EGLE) or other relevant State Departments.

b.

Muskegon County Drain Commissioner.

c.

Other appropriate state and county review and enforcement agencies having direct approval or permitting authority over all or part of the project's construction phases.

C.

Site Condominium Review and Approval Procedures (Step II Review).

1.

Application. An application for final review of a site condominium subdivision project shall be made to the City along with the appropriate fees as required by the City. The application shall, at a minimum, contain the following information:

a.

Application for certificate of zoning compliance, which upon issuance, shall ensure that the project, as proposed, is capable of being developed in conformity with the standards and regulations applicable to the Zone District in which the project is located, subject to the customary procedures applicable to City approvals of individual uses on individual building sites.

b.

The applicant's name, address, and phone number.

c.

Proof that the applicant is the owner of the property or has the legal or financial interest in the property such as a purchase agreement.

d.

The name, address, and phone number of the owner(s) of record, if different from that of the applicant.

e.

The legal description, address and tax parcel number of the property.

f.

Project description, including number of structures, dwelling units, square feet of building sites, open spaces, and estimated inhabitants, phasing, etc.

g.

Gross and net size of the parcel in acres.

h.

Written comments and/or approvals from reviewing agencies resulting from their review of the site condominium subdivision plans, as applicable.

i.

A copy of the proposed deed restrictions or covenants for the site condominium subdivision.

j.

A copy of any preliminary agreements which may be required before final plan approval is granted.

k.

A copy of the proposed master deed of the project and the supportive information which is intended to be recorded with the County Register of Deeds as required by state law.

2.

Procedure.

a.

The applicant shall provide at least ten (10) copies of the site condominium project plan and additional copies if deemed necessary by the City. The plans at the time of their submittal shall contain the information required for site condominium plan as required by this Ordinance.

b.

The application and plans shall be submitted at least thirty (30) days before the next regularly scheduled meeting of the Planning Commission.

c.

At this meeting, a public hearing shall be held. Notice of said hearing shall be given consistent with Section 11.09.

3.

Review. In reviewing the site condominium plan, the Planning Commission shall give particular attention to all information required to accompany the submission, in particular the deed restrictions and covenants, in order to determine that they are adequate to ensure ultimate completion of the project in accordance with the proposed project plan. The following standards will be considered:

a.

Setbacks and Boundaries. The setback requirements for condominium buildings shall follow the Zone District requirements.

b.

Common Elements. After construction of a condominium unit, the undeveloped area of a unit shall become a common element.

c.

Encroachment. A condominium project shall not be constructed in a manner that intentionally creates an encroachment.

d.

Conformance with Site Plan Requirements. All condominium project plans shall conform to the site plan preparation requirements, design layout, and improvements standards as established within this Ordinance.

e.

Water and Waste Water. A condominium project, larger than eight (8) units, shall comply with and meet all federal, state, county, and City standards for a fresh water system and waste water disposal.

f.

Compliance with other Statutes and Ordinances. All condominium projects shall comply with pertinent federal, state, and local laws, statutes, and ordinances.

4.

Decisions. If the preliminary plan meets the requirements of this Ordinance and all other applicable local, state, county, and federal regulations, the Planning Commission shall grant it preliminary approval. If the plan does not meet the requirements of this Ordinance, the Planning Commission shall:

a.

Recommend denial of the preliminary plan, setting forth the reasons in writing, or

b.

Recommend granting of preliminary plan approval contingent upon completion of the revisions as noted.

5.

Next Steps.

a.

Master Deed. The project developer shall furnish the City with one (1) copy of the proposed consolidated master deed, one (1) copy of the by-laws, and two (2) copies of the proposed plans. The proposed plans shall be reviewed for compliance with this Ordinance to ensure that an assessment mechanism has been included to guarantee adequate maintenance of common elements.

b.

As-Built Plans and Occupancy. Submission of an as-built plan of a condominium unit is required prior to occupancy. The Building Inspector may allow occupancy of the project before all improvements required are installed provided that an escrow is submitted to the City, sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the City. The amount and form of the escrow shall be determined by the City Council.

c.

Final By-Laws, Consolidated Master Deed, and Site Plan. Upon approval of the development, the applicant shall furnish the City a copy of the by-laws and consolidated master deed. The development plan shall be provided on a mylar sheet of at least twenty-four (24) inches by thirty-six (36) inches.

6.

Modifications.

a.

Subdivision of Unit Sites. Subdivision of established condominium unit sites is permitted following Planning Commission review and approval, contingent upon the submission of an amended master deed to determine the effect of the subdivision on the conditions of zoning or development plan approval, and shall be made as part of the by-laws and recorded as part of the master deed.

b.

Expansion and Conversion. Prior to expansion or conversion of a condominium project to additional land and new phases, it must be reviewed and approved by the Planning Commission.

A.

Purpose.

1.

Administrative Departures are provided to permit development of individual lots or properties that generally fall within the requirements of the Zone District, but, due to site characteristics or other related conditions, a limited degree of flexibility to meet the spirit and purpose of this Ordinance is appropriate.

2.

It is not intended to be a general waiver or lessening of regulations. Rather, the procedure permits a site-specific plan that is equal to or better than the strict application of a design standard. It is not intended as a substitute for a variance or as a means for relief from the requirements of this Ordinance.

B.

Applicability. Only those Administrative Departures that are specifically noted in this Ordinance may be requested and approved.

C.

Application Procedure. Requests for Administrative Departures shall be submitted with the applicable application and shall include the following:

1.

Information and materials, as listed in the application form, in sufficient detail to indicate the nature and necessity of the request, and a scaled drawing, if appropriate. Requested Administrative Departures shall be separately listed and clearly noted on the proposed plan.

2.

The applicable fee established by resolution of the City Commission.

D.

Review Standards. The Zoning Administrator shall consider whether the proposed alternative meets the following standards.

1.

Zoning Ordinance. The proposed Departure is consistent with the purpose and intent of the Zone District, and the specific requirements and conditions of the Administrative Departure approval criteria;

2.

Neighborhood. The proposed Departure will be compatible with adjacent properties and the neighborhood;

3.

Environment. The proposed Departure will retain as many natural features of the landscape as possible;

4.

Public Facilities. The proposed Departure will not place a burden on existing infrastructure and services; and

5.

Other. The Departure request is necessitated by a condition of the site or structure, and not as a means to reduce costs or inconvenience.

E.

Decision.

1.

The Zoning Administrator may approve, approve with conditions, or deny the request.

2.

If the Zoning Administrator determines that the extent of the requested Departure(s) requires additional community review and input, the Director may refer the application to the Planning Commission as a Special Land Use.

F.

Prior to Other Approval. Decisions on Administrative Departures shall be made prior to consideration of other approval required by this Ordinance.

G.

Appeal. A decision regarding an Administrative Departure may be appealed to the Board of Zoning Appeals. Individual conditions imposed as part of an Administrative Departure approval cannot be separately appealed.

The Planning Commission or Zoning Board of Appeals may attach conditions to a Site Plan Review, Special Land Use, or Zoning Board of Appeals affirmative decision.

A.

Any condition imposed shall meet each of the following standards:

1.

The condition shall be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established in the ordinance for the land use or activity under consideration; and be necessary to ensure compliance with those standards.

2.

There is rough proportionality between the scope of the proposed condition and the impact to be mitigated by the condition.

3.

There is a reasonable connection between the condition imposed and the impact it is mitigating.

B.

Any condition imposed shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the approving authority and the landowner or applicant. The approving authority shall maintain a record of changes granted in conditions. The Zoning Administrator shall be empowered to enforce such conditions imposed.

C.

Conditions imposed are associated with the property and use for which an approval is granted and not with the owner or operator of the property or use.

Unless otherwise noted, whenever this Ordinance requires a notice and hearing under this Zoning Ordinance, the City shall publish notice according to the following standards.

A.

Location. Notice of the hearing shall be published in a newspaper of general circulation in the City of North Muskegon and posted at the City Offices.

B.

Method of Delivery and List. Notice shall be sent by mail or personal delivery to the owners of the property for which approval is being considered. Notice shall also be sent to all persons to whom real property is assessed within three hundred (300) feet of the property being considered and to the occupants of all structures within three hundred (300) feet of the property regardless of whether the property or occupant is in the zoning jurisdiction. Notice shall also be sent to any public utilities, airport authorities, or other entities that request notice.

C.

Timeline. The notice shall be given not less than fifteen (15) days before the date of the meeting during which the application will be considered for approval. If the name of the occupant is not known, the term "occupant" may be used in making notification under this subsection. The notice shall do the following:

1.

Describe the nature of the request.

2.

Indicate the property that is the subject of the request. The notice shall include all street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist. If there are no street addresses, other means of identification may be used.

3.

State when and where the request will be considered.

4.

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

5.

Indicate where a copy of the application can be reviewed.

D.

Clarifications for Rezonings. For any group of adjacent properties numbering eleven (11) or more that is proposed for rezoning, the requirement to send notice to properties within three hundred (300) feet and the requirement of to list all street addresses do not apply to that group of adjacent properties.

E.

Zoning Amendments. Notice of time and place of a public hearing for adoption or a new Zoning Ordinance, or amendment to the existing Zoning Ordinance shall be given by mail to each gas, electric, and pipeline utility company, each telecommunications service provider, each railroad operating in the City of North Muskegon and the Airport Manager of any Airport that registers its name and mailing address with the City Clerk for the purpose of receiving such notice.

F.

Compliance with MZEA. The procedures identified in this Section are to be used for all notifications and publications required under this Zoning Ordinance and are intended to comply with the Michigan Zoning Enabling Act, PA 110 of 2006, as amended.

A.

Any building or structure moved, erected, razed, converted, or used and any use of land or premises which is carried on in violation of this Ordinance is declared to be a nuisance per se. All buildings, structures, and land uses considered to be in violation of this Ordinance shall be reported to the Zoning Administrator.

B.

Procedure.

1.

After an order to correct the violation has been issued by the Zoning Administrator, the property owner (owner of the property upon which the violation is located) shall have five (5) days to correct the violation. If the violation cannot be corrected within five (5) days the Zoning Administrator may, with just cause, extend the correction period for an appropriate amount of time up to a period of six (6) months. The approved extension period shall be at the discretion of the Zoning Administrator.

2.

In the event a longer time period is required:

a.

The Zoning Board of Appeals, upon petition, may grant up to six (6) additional months to correct the violation if conditions warrant such an extended period of time. The six (6) period shall commence at the end of the extended period as approved by the Zoning Administrator (as referenced above).

b.

If the violation involves a special land use or planned unit development, the request for the extended period of time shall be made to, and approved by, the City Council. Any violation not corrected within the required time frame shall be reported to the City Council.

3.

In all cases, a request for extending the period of time for correcting a violation shall be made by the applicant. Said request shall be in writing to the Zoning Administrator and shall include specific detail on why the violation occurred, the requested time frame for correcting the violation, and actions to be pursued by the land owner to ensure correction of the violation. The written request shall be delivered to the Zoning Administrator no less than twenty-one (21) days prior to the expiration of the extended time frame as originally approved by the Zoning Administrator.

4.

In the event the Zoning Administrator determines the violation poses an imminent threat to the health, safety, and welfare of the occupants of the premises on which the violation is located or to the general public, the Zoning Administrator may require that immediate measure be taken to correct the violation.

C.

Any person, firm, corporation, or organization who violates, disobeys, omits, or refuses to comply with any provisions of this Ordinance or lawful order of the Zoning Administrator, Planning Commission, Zoning Board of Appeals, or City Council issued in pursuance of this Ordinance shall be responsible for a civil infraction punishable by the sanctions as set forth below. Each day which a violation continues, may be deemed a separate infraction.

D.

The sanction for any violation of this Ordinance which is a municipal civil infraction shall be a civil fine as provided herein, plus any costs, damages, expenses, and other sanctions authorized under Act 12 through 26, Public Acts of Michigan of 1994.

E.

The Zoning Administrator, the Building Inspector, together with the police officers of the City of North Muskegon, are authorized officials to issue municipal civil infraction citations and municipal civil infraction violation notices for violation of this Ordinance.

F.

A violation of this Zoning Ordinance shall be a municipal civil infraction subject to a fine. Increased civil fines will be imposed for repeated violations that occur within a six (6) month period. The civil fines shall be as set forth from time to time by City Council. The City shall also be entitled to equitable relief to abate the violations and to such other relief as may be available to the City pursuant to Chapters 83 and 87 of the Michigan Revised Judicature Act, as amended at the present time or in the future.