City Commission Packet 12-11-2017

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                           CITY OF MUSKEGON
                     CITY COMMISSION WORKSESSION

                           Monday, December 11, 2017
                                   5:30 p.m.
                           City Commission Chambers

                                   AGENDA



1. Amendment to the Zoning Ordinance – Critical Dunes

   Closed Session:

2. Collective Bargaining

3. Attorney/Client Confidential Communication

4. Any Other Business

5. Adjournment




    CRC Meeting Immediately Following
              Commission Meeting Date: December 12, 2017




Date:        December 5, 2017
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Amendment to the Zoning Ordinance – Critical Dunes


SUMMARY OF REQUEST:

Staff-initiated request to amend Section 2310 of the zoning ordinance to adopt a
local critical dune ordinance. Act 451 of 1994, the Natural Resources and
Environmental Protection Act, allows municipalities to enact their own critical dune
ordinance and enforce it themselves, rather than relying on the Michigan Department of
Environmental Quality to do so. Staff anticipates that this will speed up the approval
process for projects located in critical dune areas.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To approve the zoning ordinance amendment.

COMMITTEE RECOMMENDATION:

The Planning Commission unanimously recommended approval of the ordinance
amendment at their November 16 meeting.
                                        Staff Report (EXCERPT)
                                           CITY OF MUSKEGON
                                        PLANNING COMMISSION
                                           REGULAR MEETING

Hearing, Case 2017-30: Request to amend the zoning ordinance by adopting a local critical dune ordinance,
per Public Act 451 of 1994, the Natural Resources and Environmental Protection Act.


SUMMARY
   1. Critical Dunes in Michigan are regulated by the Michigan Department of Environmental Quality
      (MDEQ). Anyone doing work in a critical dune must first receive a permit from the MDEQ. These
      permits can take several months to get approved, so it often times slows down projects.
   2. Act 451 of 1994 allows local municipalities to enact their own critical dune ordinance and enforce it
      themselves. Staff has created the enclosed draft ordinance, which has been reviewed by the MDEQ.
   3. Staff plans to either enforce the ordinance in-house by doing our own inspections or possibly
      contracting with a private firm for inspections.
   4. Please see the enclose map that shows the locations of Critical Dunes in Muskegon.
   5. Please see the eclipsed proposed ordinance.



NEW LANGUAGE

SECTION 2310: Critical Dune Overlay District

   1. Purpose. In keeping with the findings of the Michigan legislature and the authority granted to local
      government in Public Act 451 of 1994, as amended, the City of Muskegon hereby declares that:
         a. The critical dune areas within the City of Muskegon are a unique, irreplaceable, and fragile
             resource that provide significant recreational, economic, scientific, geological, scenic, botanical,
             educational, agricultural, and ecological benefits to the people of this community, to the state, and
             to the people from other states and countries who visit this resource.
         b. The purpose of this ordinance is to balance for present and future generations the benefits of
             protecting, preserving, restoring, and enhancing the diversity, quality, functions, and values of the
             state's critical dunes with the benefits of economic development and multiple human uses of the
             critical dunes and the benefits of public access to and enjoyment of the critical dunes. To
             accomplish this purpose, this ordinance is intended to do all of the following:
                  • Ensure and enhance the diversity, quality, functions, and values of the critical dunes in a
                      manner that is compatible with private property rights.
                  • Ensure sound management of all critical dunes by allowing for compatible economic
                      development and multiple human uses of the critical dunes.
                  • Coordinate and streamline governmental decision-making affecting critical dunes through
                      the use of the most comprehensive, accurate, and reliable information and scientific data
                      available.
        c. The benefits derived from alteration, industrial, residential, commercial, agricultural, sylvicultural,
           and the recreational use of critical dune areas shall occur only when the protection of the
           environment and the ecology of the critical dune areas for the benefit of the present and future
           generations is assured.
        d. The following regulations embodied in this Dune Overlay Zone are adopted as the minimum
           measures necessary to achieve these ends.


2. Definitions – As used in this section,
      a. "Contour change" includes any grading, filling, digging, or excavating that significantly alters the
           physical characteristic of a critical dune area, except that which is involved in sand dune mining.
      b. "Crest" means the line at which the first lakeward facing slope of a critical dune ridge breaks to a
           slope of less than 1-foot vertical rise in a 5-1/2-foot horizontal plane for a distance of at least 20
           feet, if the areal extent where this break occurs is greater than 1/10 acre in size.
      c. "Critical dune area" means a geographic area designated in the "Atlas of Critical Dune Areas"
           dated February 1989 that was prepared by the Michigan Department of Natural Resources and any
           other locally designated sand dune areas included on the City of Muskegon Zoning Map.
      d. "Driveway" means a privately owned, constructed, and maintained vehicular access from a road or
           easement serving the property to the principal building or accessory buildings, that is paved,
           graveled, or otherwise improved for vehicular access, 16 feet wide or narrower in the sole
           discretion of the applicant or owner, and may include, in the sole discretion of the applicant or
           owner, a shared driveway.
      e. "Foredune" means one or more low linear dune ridges that are parallel and adjacent to the shoreline
           of a Great Lake and are rarely greater than 20 feet in height. The lakeward face of a foredune is
           often gently sloping and may be vegetated with dune grasses and low shrub vegetation or may have
           an exposed sand face.
      f. "Permit" means a permit for a use within a critical dune area.
      g. "Restabilization" means restoration of the natural contours of a critical dune to the extent
           practicable, the restoration of the protective vegetative cover of a critical dune through the
           establishment of indigenous vegetation, and the placement of snow fencing or other temporary
           sand trapping measures for the purpose of preventing erosion, drifting, and slumping of sand.
      h. “Sand dune mining” means the removal of sand from sand dine areas for commercial or industrial
           purposes.
      i. "Special use project" means any of the following:
               • A proposed use in a critical dune area for an industrial or commercial purpose regardless of
                     the size of the site.
               • A multifamily use of more than 3 acres.
               • A multifamily use of 3 acres or less if the density of use is greater than 4 individual
                     residences per acre.
               • A proposed use in a critical dune area, regardless of size of the use, that the planning
                     commission determines would damage or destroy features of archaeological or historical
                     significance.
      j. "Use" means a developmental, sylvicultural, or recreational activity done or caused to be done by a
           person that significantly alters the physical characteristic of a critical dune area or a contour change
           done or caused to be done by a person. Use does not include sand dune mining.
3. Area Affected. The provisions of the Dune Overlay Zone apply to all lands so depicted on the City of
   Muskegon Zoning Map which is a part of this ordinance. These lands include the entire critical dune area
   as designated by the Michigan Department of Natural Resources pursuant to Public Act 451 of 1994, and
   to such other lands as locally designated and depicted thereon. Locally designated sand dunes together with
   dunes designated under Public Act 451 shall be known as critical dune areas for the purpose of this
   ordinance. Lands that are within 250 feet of a critical dune area, that are determined by the Planning
   Commission to be essential to the hydrology, ecology, topography, or integrity of a critical dune area shall
   also receive all the protection afforded to critical dunes in the Overlay Zone, even if not so depicted on the
   City of Muskegon Zoning Map.

4. Nonconforming Building and Lots After the effective date of the adoption of this Section:
      a. No subdivision or condominium development shall occur within the Dune Overlay Zone except in
         compliance with the minimum standards of this ordinance and after review and approval of a site
         plan and other documents as required herein.
      b. No structure shall be constructed, reconstructed, altered, or relocated except in strict compliance
         with the requirements of this ordinance.
      c. No use which is in existence as of the effective date of this Article shall be expanded, except in
         strict compliance with the minimum standards of this Ordinance.
      d. No existing nonconforming building or structure shall be altered except provided in Article XXII,
         Section 2203.

5. Application Requirements. All applications for permits for the use of a critical dune area shall include in
   writing showing evidence:
       a. That Muskegon County, which administers Part 91 Soil Erosion and Sedimentation Control, of
           Public Act 451 of 1994, as amended, finds that the project is in compliance with the act and any
           applicable soil erosion and sedimentation control ordinance that is in effect in Muskegon County.
       b. That a proposed sewage treatment or disposal system on the site has been approved by the county
           health department, if applicable.
       c. Assuring that the cutting and removing of trees and other vegetation will be performed according to
           the forestry management guidelines for Michigan prepared by the Society of American Foresters in
           1987, as revised in 2010, and will include instructions or plans to provide mitigation for the
           removal of trees or vegetation by providing assurances that the applicant will plant on the site more
           trees and other vegetation on the site than were removed by the proposed use.
       d. Except as otherwise provided in this subsection, a site plan that contains data required by this
           Section and Article XXIII, Section 2330, concerning the physical development of the site and
           extent of disruption of the site by the proposed development.
       e. The Zoning Administrator shall not require an environmental site assessment or environmental
           impact statement as part of a permit application for a use in a critical dune overlay zone except for a
           “Special Use” project.
       f. The Zoning Administrator will require that the applicant supply a contour map of the site with 1-
           foot contour intervals at or near any proposed structure or roadway for any new construction.
       g. The payment of any required fees for processing and/or professional review of the submitted site
           plan.
6. Environmental Assessment. When an environmental assessment is required under a “Special Use” project,
   it shall include the following information concerning the site of the proposed use:
        a. The name and address of the applicant.
        b. A description of the application’s proprietary interest in the site.
        c. The name, address, and professional qualification of the person preparing the environmental
             assessment and his/her opinion as to whether the proposed development of the site is consistent
             with protecting features of environmental sensitivity and archaeological or historical significance
             that may be located on the site.
        d. The description and purpose of the proposed use.
        e. The location of existing utilities and drainage ways.
        f. The general location and approximate dimensions of proposed structures.
        g. Major proposed change of land forms such as new lakes, terracing or excavating.
        h. Sketches showing the scale, character, and relationship of structures, streets or driveways, and open
             space.
        i. Approximate location and type of proposed drainage, water, and sewage facilities.
        j. Legal description of property.
        k. A physical description of the site, including its dominant characteristics, its vegetative character, its
             present use, and other relevant information.
        l. A natural hazards review consisting of a list of natural hazards such as periodic flooding, poor soil
             bearing conditions, and any other hazards peculiar to the site.
        m. An erosion review showing how erosion control will be achieved, and illustrating plans or
             programs that may be required by any existing soil erosion and sedimentation ordinance.

7. Environmental Impact Statement. When an environmental assessment is required, it shall include the
   following information concerning the site of the proposed use:
       a. The name and address of the applicant.
       b. A description of the applicant's proprietary interest in the site of the proposed use.
       c. The name, address, and professional qualifications of the proposed professional design team
           members, including the designation of the person responsible for the preparation of the
           environmental impact statement.
       d. The description and purpose of the proposed use.
       e. Six copies and one reproducible transparency of a schematic use plan of the proposed use showing
           the general location of the proposed use and major existing physical and natural features on the site,
           including, but not limited to, watercourses, rock outcropping, wetlands, and wooded areas.
       f. The location of the existing utilities and drainage ways.
       g. The location and notation of public streets, parks, and railroad and utility rights-of-way within or
           adjacent to the proposed use.
       h. The general location and dimensions of proposed streets, driveways, sidewalks, pedestrian ways,
           trails, off-street parking, and loading areas.
       i. The general location and approximate dimensions of proposed structures.
       j. Major proposed change of land forms such as new lakes, terracing, or excavating.
       k. Approximate existing and proposed contours and drainage patterns, showing at least five-foot
           contour intervals.
       l. Sketches showing the scale, character, and relationship of structures, streets, or driveways, and
           open space.
       m. Approximate location and type of proposed drainage, water and sewage treatment and disposal
          facilities.
       n. A legal description of the property.
       o. An aerial photo and contour map showing the development site in relation to the surrounding area.
       p. A description of the physical site, including its dominant characteristics, its vegetative character, its
          present use, and other relevant information.
       q. A soil review giving a short descriptive summary of the soil types found on the site and whether the
          soil permits the use of septic tanks or requires central sewer. The review may be based on the
          "United Soil Classification System" as adopted by the United States Government Corps of
          Engineers and Bureau of Reclamation, dated January 1952, or the natural cooperative soil survey
          classification system, and the standards for the development prospects that have been offered for
          each portion of the site.
       r. A natural hazards review consisting of a list of natural hazards such as periodic flooding, poor soil
          bearing conditions, and any other hazards peculiar to the site.
       s. A substrata review including a descriptive summary of the various geologic bedrock formations
          underlying the site, including the identification of known aquifers, the approximate depths of the
          aquifers and, if being tapped for use, the principal uses to be made of these waters, including
          irrigation, domestic water supply, and industrial usage.
       t. An erosion review showing how erosion control will be achieved, and illustrating plans or
          programs that may be required by any existing soil erosion and sedimentation ordinance.
       u. At a minimum, plans for compliance with all of the following standards shall be required for
          construction and post-construction periods:
               • Surface drainage designs and structures are erosion proof through control of the direction,
                   volume, and velocities of drainage patterns. These patterns shall promote natural vegetation
                   growth that are included in the design in order that drainage waters may be impeded in their
                   flow and percolation encouraged.
               • The design shall include trash collection devices when handling street and parking drainage
                   to contain solid waste and trash.
               • Watercourse designs, control volumes, and velocities of water to prevent bottom and bank
                   erosion. In particular, changes of direction shall guard against undercutting of banks.
               • If vegetation has been removed or has not been able to occur on surface areas such as infill
                   zones, it shall be the duty of the developer to stabilize and control the impacted surface
                   areas to prevent wind erosion and the blowing of surface material through the planting of
                   grasses, and windbreaks and other similar barriers.

8. Driveways. The construction, improvement, and maintenance of a driveway shall be permitted for any
   dwelling or other permanent building allowed in a critical dune area, including a dwelling or other
   permanent building approved under this ordinance or a lawful nonconforming use, subject only to
   applicable permit requirements under Sections 35312 through 35325 of Part 353 of Public Act 451 of
   1999, as amended, and the following:
      a. A driveway shall be permitted either to the principal building or, in the sole discretion of the
           applicant, to an accessory building, under the provisions of this ordinance. Additional driveways, if
           any, shall meet the applicable requirements for any other use under this ordinance. The
           development of a plan for a driveway should include consideration of the use of retaining walls,
           bridges, or similar measures, if feasible, to minimize the impact of the driveway, parking, and
           turnaround areas, and the consideration of alternative locations on the same lot of record
        b. Driveways on slopes steeper than a 1-foot vertical rise in a 4-foot horizontal plane, but not steeper
           than a 1-foot rise in a 3-foot horizontal plane, shall be in accordance with a site plan submitted with
           the permit application and prepared for the site by a registered professional architect or licensed
           professional engineer. The site plan shall include:
                    • Storm water drainage that provides for disposal of storm water without serious erosion,
                    • Methods for controlling erosion from wind and water, and
                    • Restabilization, by design elements including vegetation, cut-and-fill, bridges,
                        traverses, and such other elements as are required in the judgment of the architect or
                        engineer to meet these requirements.
        c. Driveways on slopes steeper than a 1-foot vertical rise in a 3-foot horizontal plane shall be in
           accordance with a site plan submitted with the permit application and prepared for the site by a
           licensed professional engineer. The site plan shall include:
               • Storm water drainage that provides for disposal of storm water without serious erosion,
               • Methods for controlling erosion from wind and water, and
               • Restabilization, by design elements including vegetation, cut-and-fill, bridges, traverses,
                    and such other elements as are required in the judgment of the engineer to meet these
                    requirements. The engineer shall certify under seal that the driveway is not likely to
                    increase erosion or decrease stability.
        d. Temporary construction access for all construction, including new construction, renovation, repairs,
           rebuilding, or replacement, and repair, improvement, or replacement of septic tanks and systems,
           shall be allowed for any use allowed in a critical dune area for which a driveway is not already
           installed by the owner, subject only to the requirements that the temporary access shall not involve
           a contour change or vegetation removal that increases erosion or decreases stability except as can
           be restabilized upon completion of the construction. The temporary access shall be maintained in
           stable condition, and restabilization shall be commenced promptly upon completion of the
           construction.

9. Utilities. A use needed to maintain, repair, or replace existing utility lines, pipelines, or other utility
   facilities within a critical dune area that were in existence on July 5, 1989, or were constructed in
   accordance with a permit under this section or under Part 353 of the Natural Resources and Environmental
   Protection Act, being Act 451 of the Public Acts of 1994, as amended, is exempt for purposes for which
   the permit was issued from the operation of this section if the maintenance, repair, or replacement is
   completed in compliance with all of the following:
       a. Vehicles shall not be driven on slopes greater than 1-foot vertical rise in a 3-foot horizontal plane.
       b. All disturbed areas shall be immediately stabilized and revegetated with native vegetation
            following completion of work to prevent erosion.
       c. Any removal of woody vegetation shall be done in a manner to assure that any adverse effect on
            the dune will be minimized and will not significantly after the physical characteristics or stability of
            the dune.
       d. To accomplish replacement of a utility pole, the new pole shall be placed adjacent to the existing
            pole, and the existing pole shall be removed by cutting at ground level.
       e. In the case of repair of underground utility wires, the repair shall be limited to the minimal
            excavation necessary to replace the wires by plowing, small trench excavation, or directional
            boring. Replacement of wires on slopes steeper than 1-foot vertical rise in a 4-foot horizontal plane
            shall be limited to installation by plowing or directional boring only.
        f. In the cases of repair or replacement of underground pipelines, directional boring shall be utilized,
           and if excavation is necessary to access and bore the pipeline the excavation area shall be located
           on slopes 1-foot vertical rise in a 4-foot horizontal plane or less.

10. Accessibility. Notwithstanding any other provision of this section, at the request of the applicant, the
   construction, improvement and maintenance of accessibility measures shall be permitted for any dwelling
   or other permanent building allowed in a critical dune area, including a dwelling or other permanent
   building approved under this section or a lawful nonconforming use, subject only to applicable permit
   requirements of this section and the following:
           a. Accessibility measures on slopes steeper than 1-foot vertical rise in a 4-foot horizontal plane,
               but not steeper than a 1-foot vertical rise in a 3-foot horizontal plane, shall be in accordance
               with a site plan submitted with the permit application and prepared for the site by a registered
               professional architect or licensed professional engineer. The site plan shall include:
                   • Storm water drainage that provides for disposal of storm water without serious erosion,
                   • Methods for controlling erosion from wind and water, and
                   • Restablization, by design elements including vegetation, cut-and-fill, bridges, traverses,
                        and such other elements as are required in the judgement of the architect or engineer to
                        meet these requirements.
           b. Accessibility measures on slopes steeper than a 1-foot vertical rise in a 3-foot horizontal plane
               shall be in accordance with a site plan submitted with the permit application and prepared for
               the site by a licensed professional engineer. The site plan shall include:
                   • Storm water drainage that provides for disposal of storm water without serious erosion,
                   • Methods for controlling erosion from wind and water, and
                   • Restablization, by design elements including vegetation, cut-and-fill, bridges, traverses,
                        and such other elements as are required in the judgement of the architect or engineer to
                        meet these requirements. The engineer shall certify under seal that the accessibility
                        measures are not likely to increase erosion or decrease stability.

    The choice of components for an accessible route under American national standards institute standard
    402.2 shall be at the option of the applicant.

11. Prohibited Uses. The following uses are not permitted in a critical dune area:
            a. The disposal of sewage on-site unless the standards of applicable sanitary codes are met or
               exceeded.
            b. A use that does not comply with the minimum setback requirements required by rules that are
               promulgated under part 323 of Public Act 451 of 1994.
            c. A surface drilling operation that is utilized for the purpose of exploring for or producing
               hydrocarbons or natural brine or for the disposal of the waste or by-products of the operation,
               except those that are lawfully in existence at a site on July 5, 1989 may be continued. The
               continuance, completion, restoration, reconstruction, extension, or substitution of those existing
               uses shall be permitted upon reasonable terms prescribed by the Planning Commission.
            d. Production facilities regulated under parts 615 and 625 of Act 451 of 1994, except those that
               are lawfully in existence at a site on July 5, 1989 may be continued. The continuance,
               completion, restoration, reconstruction, extension, or substitution of those existing uses shall be
               permitted upon reasonable terms prescribed by the Planning Commission.
12. Non-Permitted Uses, Unless a Variance is Granted. Unless a variance is granted, the following uses are
   not permitted in a critical dune area:
          a. A structure and access to the structure on a slope within a critical dune area that has a slope that
               measures from a 1-foot vertical rise in a 4-foot horizontal plane to less than a 1-foot vertical rise
               in a 3-foot horizontal plane, unless the structure and access to the structure are in accordance
               with a site plan prepared for the site by a registered professional architect or a licensed
               professional engineer and the site plan provides for the disposal of storm waters without serious
               soil erosion and without sedimentation of any stream or other body of water.
          b. A use on a slope within a critical dune area that has a slope steeper than a 1-foot vertical rise in
               a 3-foot horizontal plane.
          c. A use involving a contour change if the Zoning Administrator determines that it is more likely
               than not to increase erosion or decrease stability.
          d. Sylvicultural practices, as described in the "Forest Management Guidelines for Michigan",
               prepared by the Society of American Foresters as revised in 2010, if the City of Muskegon
               determines that they are more likely than not to increase erosion or decrease stability.
          e. A use that involves a vegetation removal if the Zoning Administrator determines that it is more
               likely than not to increase erosion or decrease stability.

13. Site Plan Review. When reviewing a site plan submitted, along with all the application information
    required, the Zoning Administrator shall:
            a. Ensure that the requirements of the zoning ordinance have been met and the plan is consistent
                with existing laws.
            b. Determine whether the advice or assistance of Muskegon County will be helpful in reviewing a
                site plan, and if so, to so seek it.
            c. Recommend alterations of a proposed development to minimize adverse effects anticipated if
                the development is approved and to ensure compliance with all applicable state and local
                requirements.
            d. Determine that the proposed use will ensure and enhance the diversity, quality, function and
                values of the critical dune in a manner that is compatible with private property rights; allows for
                compatible economic development and multiple human uses of the critical dune, using the
                most competent, accurate and reliable information and scientific data available.

14. Use Standards. Any lot or parcel which in whole or part which falls within the Dune Overlay Zone and/or
    within 250 feet outside the Dune Overlay Zone that is determined by the Planning Commission to be
    essential to the hydrology, ecology, topography, or integrity of a critical dune area shall not be used except
    upon receipt of a permit from the Zoning Administrator. No zoning permit shall be issued for the use of
    land within this zone or within 250 feet outside the zone that is determined by the Planning Commission to
    be essential to the hydrology, ecology, topography, or integrity of a critical dune area until a site plan
    meeting the requirements of this Section and those of Article XXIII, Section 2330, have been met. If
    requested, the Planning Commission will make the final determination as to whether or not these standards
    have been met and shall exercise its lawful discretion in all cases in favor of protection of the critical dune
    area.

15. Prohibition of Construction Without Permit. No grading or clearing of a site shall be done prior to issuance
    of a zoning permit as required in this Ordinance.
16. Special Use Project Review Procedures. A proposed special use project shall be reviewed and a
    recommendation for approval, approval with conditions, or denial is made by the Planning Commission
    pursuant to the special use procedures of this ordinance shall be completed.

17. Department of Environmental Quality Review. Prior to issuing a permit allowing a special use project
    within a critical dune area, the Planning Commission shall submit the special use project application and
    site plan and their proposed decision to the Department of Environmental Quality, Land and Water
    Management Division following the procedures of this ordinance.

18. Nonconforming Uses. The lawful use of land or a structure, as existing and lawful within a critical dune
    area in the time of the adoption of this overlay zone, may be continued although the use of that land or
    structure does not conform to the provisions of this overlay zone. The continuance, completion, restoration,
    reconstruction, extension or substitution of existing nonconforming uses of land or a structure may
    continue consistent with the nonconforming use requirements of this Ordinance. See Article XXII,
    Section2202.

19. Rebuilding of Lawful Structures. A structure or use located in a critical dune area that is destroyed by fire,
    other than arson for which the owner is found to be responsible, or an act of nature, except for erosion, may
    be rebuilt or replaced if the structure or use was lawful at the time it was constructed or commenced; and a
    replacement structure and its use may differ from that which was destroyed if it does not exceed in size or
    scope that which was destroyed.

20. Variance. The Zoning Board of Appeals may grant a variance from the requirements of this overlay zone
    if an unreasonable hardship will occur to the owner of the property if the variance is not granted. The
    procedural requirements of Article XXIII (Site Plan Review) and Article XXV (Zoning Board of Appeals)
    shall be adhered to. A variance shall be subject to the following limitations:
            a. The Zoning Board of Appeals may issue variances under Article XXV of the zoning ordinance
                if a practical difficulty will occur to the owner of the property if the variance is not granted. In
                determining whether a practical difficulty will occur if a variance is not granted, primary
                consideration shall be given to assuring that human health and safety are protected by the
                determination and that the determination complies with applicable local zoning, other state
                laws, and federal law. If a practical difficulty will occur to the owner of the property if the
                variance is not granted, a variance shall be granted under this Section unless the Zoning Board
                of Appeals determines that the use will significantly damage the public interest on the privately
                owned land, or, if the land is publicly owned, the public interest in the publicly owned land, by
                significant and unreasonable depletion or degradation of any of the following:
                         • The diversity of the critical dune areas within the local unit of government.
                         • The quality of the critical dune areas within the local unit of government.
                         • The functions of the critical dune areas within the local unit of government.
            b. The decision of the Zoning Board of Appeals shall be in writing and shall be based upon
                evidence that would meet the standards in Section 75 of the Administrative Procedures Act of
                1969, 1969 PA 306, MCL 24.275. A decision denying a variance shall document, and any
                review upholding the decision shall determine, all of the following:
                         • That the City of Muskegon has met the burden of proof under subsections 1A
                             through 1C.
                         • That the decision is based upon sufficient facts or data.
                         • That the decision is the product of reliable scientific principles and methods.
                         • That the decision has applied the principles and methods reliably to the facts.
                         • That the facts or data upon which the decision is based are recorded in the file.
             c. The City of Muskegon shall not require an environmental site assessment or environmental
                 impact statement for a variance except for a special use project.
             d. A variance shall not be granted from a setback requirement provided for under Section 35034
                 pursuant to Part 353 of the Public Act 451 of 1994 unless the property for which the variance is
                 requested is one of the following:
                     • A nonconforming lot of record that is recorded prior to July 5, 1989, and that becomes
                         nonconforming due to the operation of Part 353.
                     • A lot legally created after July 5, 1989 that later becomes nonconforming due to natural
                         shoreline erosion.
                     • Property on which the base of the first landward critical dune of at least 20 feet in
                         height that is not a foredune is located at least 500 feet inland from the first foredune
                         crest or line of vegetation on the property. However, the setback shall be a minimum of
                         200 feet measured from the foredune crest or line of vegetation.
21. Penalties. In addition to the penalty provisions of this Ordinance, the provisions of Public Act 451 of 1994
    shall apply in the event of any violation. Pursuant to the Public Act, a court may impose on a person who
    violates any provision of this Dune Overlay Zone, or a provision of a permit issued hereunder, a civil fine
    of not more than $5,000 for each day of violation, or order a violator to pay the full cost of the full cost of
    restabilization of a critical dune area or other natural resource that is damaged or destroyed as a result of a
    violation, or both. If a person is ordered by the Zoning Administrator to restore a critical dune that has
    been degraded by that person, the Zoning Administrator shall establish a procedure by which the
    restoration of the critical dune area is monitored to assure that the restoration is completed in a satisfactory
    manner.

22. Applicable Law. Incorporated by reference herein is Part 353, Michigan Natural Resources and
    Environmental Protection Act, PA 451 of 1994, as amended.

23. Severability. If any section, clause, or provision of this Ordinance be declared unconstitutional or otherwise
    invalid by a court of competent jurisdiction, said declaration shall not affect the remainder of the
    Ordinance. The City Commission hereby declares that it would have passed this Ordinance and each part,
    section, subsection, phrase, sentence and clause irrespective of the fact that any one or more parts, sections,
    subsections, phrases, sentences or clauses be declared invalid. However, if any provision of the Ordinance
    is declared invalid, the City must seek written confirmation from the DEQ that the Ordinance still complies
    with Part 353, Michigan Natural Resources and Environmental Protection Act, PA 451 of 1994, as
    amended.
                                            CITY OF MUSKEGON

                                     MUSKEGON COUNTY, MICHIGAN

                                            ORDINANCE NO._____

An ordinance to amend section 2310 of the zoning ordinance to adopt a local critical dune ordinance.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

NEW LANGUAGE


SECTION 2310: Critical Dune Overlay District

   1. Purpose. In keeping with the findings of the Michigan legislature and the authority granted to local
      government in Public Act 451 of 1994, as amended, the City of Muskegon hereby declares that:
         a. The critical dune areas within the City of Muskegon are a unique, irreplaceable, and fragile
             resource that provide significant recreational, economic, scientific, geological, scenic, botanical,
             educational, agricultural, and ecological benefits to the people of this community, to the state, and
             to the people from other states and countries who visit this resource.
         b. The purpose of this ordinance is to balance for present and future generations the benefits of
             protecting, preserving, restoring, and enhancing the diversity, quality, functions, and values of the
             state's critical dunes with the benefits of economic development and multiple human uses of the
             critical dunes and the benefits of public access to and enjoyment of the critical dunes. To
             accomplish this purpose, this ordinance is intended to do all of the following:
                  • Ensure and enhance the diversity, quality, functions, and values of the critical dunes in a
                      manner that is compatible with private property rights.
                  • Ensure sound management of all critical dunes by allowing for compatible economic
                      development and multiple human uses of the critical dunes.
                  • Coordinate and streamline governmental decision-making affecting critical dunes through
                      the use of the most comprehensive, accurate, and reliable information and scientific data
                      available.
         c. The benefits derived from alteration, industrial, residential, commercial, agricultural, sylvicultural,
             and the recreational use of critical dune areas shall occur only when the protection of the
             environment and the ecology of the critical dune areas for the benefit of the present and future
             generations is assured.
         d. The following regulations embodied in this Dune Overlay Zone are adopted as the minimum
             measures necessary to achieve these ends.


   2. Definitions – As used in this section,
         a. "Contour change" includes any grading, filling, digging, or excavating that significantly alters the
              physical characteristic of a critical dune area, except that which is involved in sand dune mining.
         b. "Crest" means the line at which the first lakeward facing slope of a critical dune ridge breaks to a
              slope of less than 1-foot vertical rise in a 5-1/2-foot horizontal plane for a distance of at least 20
              feet, if the areal extent where this break occurs is greater than 1/10 acre in size.
       c. "Critical dune area" means a geographic area designated in the "Atlas of Critical Dune Areas"
          dated February 1989 that was prepared by the Michigan Department of Natural Resources and any
          other locally designated sand dune areas included on the City of Muskegon Zoning Map.
       d. "Driveway" means a privately owned, constructed, and maintained vehicular access from a road or
          easement serving the property to the principal building or accessory buildings, that is paved,
          graveled, or otherwise improved for vehicular access, 16 feet wide or narrower in the sole
          discretion of the applicant or owner, and may include, in the sole discretion of the applicant or
          owner, a shared driveway.
       e. "Foredune" means one or more low linear dune ridges that are parallel and adjacent to the shoreline
          of a Great Lake and are rarely greater than 20 feet in height. The lakeward face of a foredune is
          often gently sloping and may be vegetated with dune grasses and low shrub vegetation or may have
          an exposed sand face.
       f. "Permit" means a permit for a use within a critical dune area.
       g. "Restabilization" means restoration of the natural contours of a critical dune to the extent
          practicable, the restoration of the protective vegetative cover of a critical dune through the
          establishment of indigenous vegetation, and the placement of snow fencing or other temporary
          sand trapping measures for the purpose of preventing erosion, drifting, and slumping of sand.
       h. “Sand dune mining” means the removal of sand from sand dine areas for commercial or industrial
          purposes.
       i. "Special use project" means any of the following:
              • A proposed use in a critical dune area for an industrial or commercial purpose regardless of
                  the size of the site.
              • A multifamily use of more than 3 acres.
              • A multifamily use of 3 acres or less if the density of use is greater than 4 individual
                  residences per acre.
              • A proposed use in a critical dune area, regardless of size of the use, that the planning
                  commission determines would damage or destroy features of archaeological or historical
                  significance.
       j. "Use" means a developmental, sylvicultural, or recreational activity done or caused to be done by a
          person that significantly alters the physical characteristic of a critical dune area or a contour change
          done or caused to be done by a person. Use does not include sand dune mining.


3. Area Affected. The provisions of the Dune Overlay Zone apply to all lands so depicted on the City of
   Muskegon Zoning Map which is a part of this ordinance. These lands include the entire critical dune area
   as designated by the Michigan Department of Natural Resources pursuant to Public Act 451 of 1994, and
   to such other lands as locally designated and depicted thereon. Locally designated sand dunes together with
   dunes designated under Public Act 451 shall be known as critical dune areas for the purpose of this
   ordinance. Lands that are within 250 feet of a critical dune area, that are determined by the Planning
   Commission to be essential to the hydrology, ecology, topography, or integrity of a critical dune area shall
   also receive all the protection afforded to critical dunes in the Overlay Zone, even if not so depicted on the
   City of Muskegon Zoning Map.

4. Nonconforming Building and Lots After the effective date of the adoption of this Section:
        a. No subdivision or condominium development shall occur within the Dune Overlay Zone except in
           compliance with the minimum standards of this ordinance and after review and approval of a site
           plan and other documents as required herein.
        b. No structure shall be constructed, reconstructed, altered, or relocated except in strict compliance
           with the requirements of this ordinance.
        c. No use which is in existence as of the effective date of this Article shall be expanded, except in
           strict compliance with the minimum standards of this Ordinance.
        d. No existing nonconforming building or structure shall be altered except provided in Article XXII,
           Section 2203.

5. Application Requirements. All applications for permits for the use of a critical dune area shall include in
   writing showing evidence:
       a. That Muskegon County, which administers Part 91 Soil Erosion and Sedimentation Control, of
           Public Act 451 of 1994, as amended, finds that the project is in compliance with the act and any
           applicable soil erosion and sedimentation control ordinance that is in effect in Muskegon County.
       b. That a proposed sewage treatment or disposal system on the site has been approved by the county
           health department, if applicable.
       c. Assuring that the cutting and removing of trees and other vegetation will be performed according to
           the forestry management guidelines for Michigan prepared by the Society of American Foresters in
           1987, as revised in 2010, and will include instructions or plans to provide mitigation for the
           removal of trees or vegetation by providing assurances that the applicant will plant on the site more
           trees and other vegetation on the site than were removed by the proposed use.
       d. Except as otherwise provided in this subsection, a site plan that contains data required by this
           Section and Article XXIII, Section 2330, concerning the physical development of the site and
           extent of disruption of the site by the proposed development.
       e. The Zoning Administrator shall not require an environmental site assessment or environmental
           impact statement as part of a permit application for a use in a critical dune overlay zone except for a
           “Special Use” project.
       f. The Zoning Administrator will require that the applicant supply a contour map of the site with 1-
           foot contour intervals at or near any proposed structure or roadway for any new construction.
       g. The payment of any required fees for processing and/or professional review of the submitted site
           plan.

6. Environmental Assessment. When an environmental assessment is required under a “Special Use” project,
   it shall include the following information concerning the site of the proposed use:
        a. The name and address of the applicant.
        b. A description of the application’s proprietary interest in the site.
        c. The name, address, and professional qualification of the person preparing the environmental
             assessment and his/her opinion as to whether the proposed development of the site is consistent
             with protecting features of environmental sensitivity and archaeological or historical significance
             that may be located on the site.
        d. The description and purpose of the proposed use.
        e. The location of existing utilities and drainage ways.
        f. The general location and approximate dimensions of proposed structures.
        g. Major proposed change of land forms such as new lakes, terracing or excavating.
        h. Sketches showing the scale, character, and relationship of structures, streets or driveways, and open
           space.
        i. Approximate location and type of proposed drainage, water, and sewage facilities.
        j. Legal description of property.
        k. A physical description of the site, including its dominant characteristics, its vegetative character, its
           present use, and other relevant information.
        l. A natural hazards review consisting of a list of natural hazards such as periodic flooding, poor soil
           bearing conditions, and any other hazards peculiar to the site.
        m. An erosion review showing how erosion control will be achieved, and illustrating plans or
           programs that may be required by any existing soil erosion and sedimentation ordinance.

7. Environmental Impact Statement. When an environmental assessment is required, it shall include the
   following information concerning the site of the proposed use:
       a. The name and address of the applicant.
       b. A description of the applicant's proprietary interest in the site of the proposed use.
       c. The name, address, and professional qualifications of the proposed professional design team
           members, including the designation of the person responsible for the preparation of the
           environmental impact statement.
       d. The description and purpose of the proposed use.
       e. Six copies and one reproducible transparency of a schematic use plan of the proposed use showing
           the general location of the proposed use and major existing physical and natural features on the site,
           including, but not limited to, watercourses, rock outcropping, wetlands, and wooded areas.
       f. The location of the existing utilities and drainage ways.
       g. The location and notation of public streets, parks, and railroad and utility rights-of-way within or
           adjacent to the proposed use.
       h. The general location and dimensions of proposed streets, driveways, sidewalks, pedestrian ways,
           trails, off-street parking, and loading areas.
       i. The general location and approximate dimensions of proposed structures.
       j. Major proposed change of land forms such as new lakes, terracing, or excavating.
       k. Approximate existing and proposed contours and drainage patterns, showing at least five-foot
           contour intervals.
       l. Sketches showing the scale, character, and relationship of structures, streets, or driveways, and
           open space.
       m. Approximate location and type of proposed drainage, water and sewage treatment and disposal
           facilities.
       n. A legal description of the property.
       o. An aerial photo and contour map showing the development site in relation to the surrounding area.
       p. A description of the physical site, including its dominant characteristics, its vegetative character, its
           present use, and other relevant information.
       q. A soil review giving a short descriptive summary of the soil types found on the site and whether the
           soil permits the use of septic tanks or requires central sewer. The review may be based on the
           "United Soil Classification System" as adopted by the United States Government Corps of
           Engineers and Bureau of Reclamation, dated January 1952, or the natural cooperative soil survey
           classification system, and the standards for the development prospects that have been offered for
           each portion of the site.
        r. A natural hazards review consisting of a list of natural hazards such as periodic flooding, poor soil
           bearing conditions, and any other hazards peculiar to the site.
        s. A substrata review including a descriptive summary of the various geologic bedrock formations
           underlying the site, including the identification of known aquifers, the approximate depths of the
           aquifers and, if being tapped for use, the principal uses to be made of these waters, including
           irrigation, domestic water supply, and industrial usage.
        t. An erosion review showing how erosion control will be achieved, and illustrating plans or
           programs that may be required by any existing soil erosion and sedimentation ordinance.
        u. At a minimum, plans for compliance with all of the following standards shall be required for
           construction and post-construction periods:
                • Surface drainage designs and structures are erosion proof through control of the direction,
                    volume, and velocities of drainage patterns. These patterns shall promote natural vegetation
                    growth that are included in the design in order that drainage waters may be impeded in their
                    flow and percolation encouraged.
                • The design shall include trash collection devices when handling street and parking drainage
                    to contain solid waste and trash.
                • Watercourse designs, control volumes, and velocities of water to prevent bottom and bank
                    erosion. In particular, changes of direction shall guard against undercutting of banks.
                • If vegetation has been removed or has not been able to occur on surface areas such as infill
                    zones, it shall be the duty of the developer to stabilize and control the impacted surface
                    areas to prevent wind erosion and the blowing of surface material through the planting of
                    grasses, and windbreaks and other similar barriers.

8. Driveways. The construction, improvement, and maintenance of a driveway shall be permitted for any
   dwelling or other permanent building allowed in a critical dune area, including a dwelling or other
   permanent building approved under this ordinance or a lawful nonconforming use, subject only to
   applicable permit requirements under Sections 35312 through 35325 of Part 353 of Public Act 451 of
   1999, as amended, and the following:
      a. A driveway shall be permitted either to the principal building or, in the sole discretion of the
           applicant, to an accessory building, under the provisions of this ordinance. Additional driveways, if
           any, shall meet the applicable requirements for any other use under this ordinance. The
           development of a plan for a driveway should include consideration of the use of retaining walls,
           bridges, or similar measures, if feasible, to minimize the impact of the driveway, parking, and
           turnaround areas, and the consideration of alternative locations on the same lot of record
      b. Driveways on slopes steeper than a 1-foot vertical rise in a 4-foot horizontal plane, but not steeper
           than a 1-foot rise in a 3-foot horizontal plane, shall be in accordance with a site plan submitted with
           the permit application and prepared for the site by a registered professional architect or licensed
           professional engineer. The site plan shall include:
                   • Storm water drainage that provides for disposal of storm water without serious erosion,
                   • Methods for controlling erosion from wind and water, and
                   • Restabilization, by design elements including vegetation, cut-and-fill, bridges,
                        traverses, and such other elements as are required in the judgment of the architect or
                        engineer to meet these requirements.
      c. Driveways on slopes steeper than a 1-foot vertical rise in a 3-foot horizontal plane shall be in
           accordance with a site plan submitted with the permit application and prepared for the site by a
           licensed professional engineer. The site plan shall include:
                •   Storm water drainage that provides for disposal of storm water without serious erosion,
                •   Methods for controlling erosion from wind and water, and
                •   Restabilization, by design elements including vegetation, cut-and-fill, bridges, traverses,
                    and such other elements as are required in the judgment of the engineer to meet these
                    requirements. The engineer shall certify under seal that the driveway is not likely to
                    increase erosion or decrease stability.
        d. Temporary construction access for all construction, including new construction, renovation, repairs,
           rebuilding, or replacement, and repair, improvement, or replacement of septic tanks and systems,
           shall be allowed for any use allowed in a critical dune area for which a driveway is not already
           installed by the owner, subject only to the requirements that the temporary access shall not involve
           a contour change or vegetation removal that increases erosion or decreases stability except as can
           be restabilized upon completion of the construction. The temporary access shall be maintained in
           stable condition, and restabilization shall be commenced promptly upon completion of the
           construction.

9. Utilities. A use needed to maintain, repair, or replace existing utility lines, pipelines, or other utility
   facilities within a critical dune area that were in existence on July 5, 1989, or were constructed in
   accordance with a permit under this section or under Part 353 of the Natural Resources and Environmental
   Protection Act, being Act 451 of the Public Acts of 1994, as amended, is exempt for purposes for which
   the permit was issued from the operation of this section if the maintenance, repair, or replacement is
   completed in compliance with all of the following:
       a. Vehicles shall not be driven on slopes greater than 1-foot vertical rise in a 3-foot horizontal plane.
       b. All disturbed areas shall be immediately stabilized and revegetated with native vegetation
            following completion of work to prevent erosion.
       c. Any removal of woody vegetation shall be done in a manner to assure that any adverse effect on
            the dune will be minimized and will not significantly after the physical characteristics or stability of
            the dune.
       d. To accomplish replacement of a utility pole, the new pole shall be placed adjacent to the existing
            pole, and the existing pole shall be removed by cutting at ground level.
       e. In the case of repair of underground utility wires, the repair shall be limited to the minimal
            excavation necessary to replace the wires by plowing, small trench excavation, or directional
            boring. Replacement of wires on slopes steeper than 1-foot vertical rise in a 4-foot horizontal plane
            shall be limited to installation by plowing or directional boring only.
       f. In the cases of repair or replacement of underground pipelines, directional boring shall be utilized,
            and if excavation is necessary to access and bore the pipeline the excavation area shall be located
            on slopes 1-foot vertical rise in a 4-foot horizontal plane or less.

10. Accessibility. Notwithstanding any other provision of this section, at the request of the applicant, the
   construction, improvement and maintenance of accessibility measures shall be permitted for any dwelling
   or other permanent building allowed in a critical dune area, including a dwelling or other permanent
   building approved under this section or a lawful nonconforming use, subject only to applicable permit
   requirements of this section and the following:
           a. Accessibility measures on slopes steeper than 1-foot vertical rise in a 4-foot horizontal plane,
               but not steeper than a 1-foot vertical rise in a 3-foot horizontal plane, shall be in accordance
               with a site plan submitted with the permit application and prepared for the site by a registered
               professional architect or licensed professional engineer. The site plan shall include:
                    •   Storm water drainage that provides for disposal of storm water without serious erosion,
                    •   Methods for controlling erosion from wind and water, and
                    •   Restablization, by design elements including vegetation, cut-and-fill, bridges, traverses,
                        and such other elements as are required in the judgement of the architect or engineer to
                        meet these requirements.
            b. Accessibility measures on slopes steeper than a 1-foot vertical rise in a 3-foot horizontal plane
               shall be in accordance with a site plan submitted with the permit application and prepared for
               the site by a licensed professional engineer. The site plan shall include:
                   • Storm water drainage that provides for disposal of storm water without serious erosion,
                   • Methods for controlling erosion from wind and water, and
                   • Restablization, by design elements including vegetation, cut-and-fill, bridges, traverses,
                        and such other elements as are required in the judgement of the architect or engineer to
                        meet these requirements. The engineer shall certify under seal that the accessibility
                        measures are not likely to increase erosion or decrease stability.

    The choice of components for an accessible route under American national standards institute standard
    402.2 shall be at the option of the applicant.

11. Prohibited Uses. The following uses are not permitted in a critical dune area:
            a. The disposal of sewage on-site unless the standards of applicable sanitary codes are met or
               exceeded.
            b. A use that does not comply with the minimum setback requirements required by rules that are
               promulgated under part 323 of Public Act 451 of 1994.
            c. A surface drilling operation that is utilized for the purpose of exploring for or producing
               hydrocarbons or natural brine or for the disposal of the waste or by-products of the operation,
               except those that are lawfully in existence at a site on July 5, 1989 may be continued. The
               continuance, completion, restoration, reconstruction, extension, or substitution of those existing
               uses shall be permitted upon reasonable terms prescribed by the Planning Commission.
            d. Production facilities regulated under parts 615 and 625 of Act 451 of 1994, except those that
               are lawfully in existence at a site on July 5, 1989 may be continued. The continuance,
               completion, restoration, reconstruction, extension, or substitution of those existing uses shall be
               permitted upon reasonable terms prescribed by the Planning Commission.

12. Non-Permitted Uses, Unless a Variance is Granted. Unless a variance is granted, the following uses are
   not permitted in a critical dune area:
          a. A structure and access to the structure on a slope within a critical dune area that has a slope that
               measures from a 1-foot vertical rise in a 4-foot horizontal plane to less than a 1-foot vertical rise
               in a 3-foot horizontal plane, unless the structure and access to the structure are in accordance
               with a site plan prepared for the site by a registered professional architect or a licensed
               professional engineer and the site plan provides for the disposal of storm waters without serious
               soil erosion and without sedimentation of any stream or other body of water.
          b. A use on a slope within a critical dune area that has a slope steeper than a 1-foot vertical rise in
               a 3-foot horizontal plane.
          c. A use involving a contour change if the Zoning Administrator determines that it is more likely
               than not to increase erosion or decrease stability.
            d. Sylvicultural practices, as described in the "Forest Management Guidelines for Michigan",
               prepared by the Society of American Foresters as revised in 2010, if the City of Muskegon
               determines that they are more likely than not to increase erosion or decrease stability.
            e. A use that involves a vegetation removal if the Zoning Administrator determines that it is more
               likely than not to increase erosion or decrease stability.

13. Site Plan Review. When reviewing a site plan submitted, along with all the application information
    required, the Zoning Administrator shall:
            a. Ensure that the requirements of the zoning ordinance have been met and the plan is consistent
                with existing laws.
            b. Determine whether the advice or assistance of Muskegon County will be helpful in reviewing a
                site plan, and if so, to so seek it.
            c. Recommend alterations of a proposed development to minimize adverse effects anticipated if
                the development is approved and to ensure compliance with all applicable state and local
                requirements.
            d. Determine that the proposed use will ensure and enhance the diversity, quality, function and
                values of the critical dune in a manner that is compatible with private property rights; allows for
                compatible economic development and multiple human uses of the critical dune, using the
                most competent, accurate and reliable information and scientific data available.

14. Use Standards. Any lot or parcel which in whole or part which falls within the Dune Overlay Zone and/or
    within 250 feet outside the Dune Overlay Zone that is determined by the Planning Commission to be
    essential to the hydrology, ecology, topography, or integrity of a critical dune area shall not be used except
    upon receipt of a permit from the Zoning Administrator. No zoning permit shall be issued for the use of
    land within this zone or within 250 feet outside the zone that is determined by the Planning Commission to
    be essential to the hydrology, ecology, topography, or integrity of a critical dune area until a site plan
    meeting the requirements of this Section and those of Article XXIII, Section 2330, have been met. If
    requested, the Planning Commission will make the final determination as to whether or not these standards
    have been met and shall exercise its lawful discretion in all cases in favor of protection of the critical dune
    area.

15. Prohibition of Construction Without Permit. No grading or clearing of a site shall be done prior to issuance
    of a zoning permit as required in this Ordinance.

16. Special Use Project Review Procedures. A proposed special use project shall be reviewed and a
    recommendation for approval, approval with conditions, or denial is made by the Planning Commission
    pursuant to the special use procedures of this ordinance shall be completed.

17. Department of Environmental Quality Review. Prior to issuing a permit allowing a special use project
    within a critical dune area, the Planning Commission shall submit the special use project application and
    site plan and their proposed decision to the Department of Environmental Quality, Land and Water
    Management Division following the procedures of this ordinance.

18. Nonconforming Uses. The lawful use of land or a structure, as existing and lawful within a critical dune
    area in the time of the adoption of this overlay zone, may be continued although the use of that land or
    structure does not conform to the provisions of this overlay zone. The continuance, completion, restoration,
    reconstruction, extension or substitution of existing nonconforming uses of land or a structure may
    continue consistent with the nonconforming use requirements of this Ordinance. See Article XXII,
    Section2202.

19. Rebuilding of Lawful Structures. A structure or use located in a critical dune area that is destroyed by fire,
    other than arson for which the owner is found to be responsible, or an act of nature, except for erosion, may
    be rebuilt or replaced if the structure or use was lawful at the time it was constructed or commenced; and a
    replacement structure and its use may differ from that which was destroyed if it does not exceed in size or
    scope that which was destroyed.

20. Variance. The Zoning Board of Appeals may grant a variance from the requirements of this overlay zone
    if an unreasonable hardship will occur to the owner of the property if the variance is not granted. The
    procedural requirements of Article XXIII (Site Plan Review) and Article XXV (Zoning Board of Appeals)
    shall be adhered to. A variance shall be subject to the following limitations:
            a. The Zoning Board of Appeals may issue variances under Article XXV of the zoning ordinance
                if a practical difficulty will occur to the owner of the property if the variance is not granted. In
                determining whether a practical difficulty will occur if a variance is not granted, primary
                consideration shall be given to assuring that human health and safety are protected by the
                determination and that the determination complies with applicable local zoning, other state
                laws, and federal law. If a practical difficulty will occur to the owner of the property if the
                variance is not granted, a variance shall be granted under this Section unless the Zoning Board
                of Appeals determines that the use will significantly damage the public interest on the privately
                owned land, or, if the land is publicly owned, the public interest in the publicly owned land, by
                significant and unreasonable depletion or degradation of any of the following:
                         • The diversity of the critical dune areas within the local unit of government.
                         • The quality of the critical dune areas within the local unit of government.
                         • The functions of the critical dune areas within the local unit of government.
            b. The decision of the Zoning Board of Appeals shall be in writing and shall be based upon
                evidence that would meet the standards in Section 75 of the Administrative Procedures Act of
                1969, 1969 PA 306, MCL 24.275. A decision denying a variance shall document, and any
                review upholding the decision shall determine, all of the following:
                         • That the City of Muskegon has met the burden of proof under subsections 1A
                             through 1C.
                         • That the decision is based upon sufficient facts or data.
                         • That the decision is the product of reliable scientific principles and methods.
                         • That the decision has applied the principles and methods reliably to the facts.
                         • That the facts or data upon which the decision is based are recorded in the file.
            c. The City of Muskegon shall not require an environmental site assessment or environmental
                impact statement for a variance except for a special use project.
            d. A variance shall not be granted from a setback requirement provided for under Section 35034
                pursuant to Part 353 of the Public Act 451 of 1994 unless the property for which the variance is
                requested is one of the following:
                     • A nonconforming lot of record that is recorded prior to July 5, 1989, and that becomes
                         nonconforming due to the operation of Part 353.
                       •    A lot legally created after July 5, 1989 that later becomes nonconforming due to natural
                            shoreline erosion.
                        • Property on which the base of the first landward critical dune of at least 20 feet in
                            height that is not a foredune is located at least 500 feet inland from the first foredune
                            crest or line of vegetation on the property. However, the setback shall be a minimum of
                            200 feet measured from the foredune crest or line of vegetation.
   21. Penalties. In addition to the penalty provisions of this Ordinance, the provisions of Public Act 451 of 1994
       shall apply in the event of any violation. Pursuant to the Public Act, a court may impose on a person who
       violates any provision of this Dune Overlay Zone, or a provision of a permit issued hereunder, a civil fine
       of not more than $5,000 for each day of violation, or order a violator to pay the full cost of the full cost of
       restabilization of a critical dune area or other natural resource that is damaged or destroyed as a result of a
       violation, or both. If a person is ordered by the Zoning Administrator to restore a critical dune that has
       been degraded by that person, the Zoning Administrator shall establish a procedure by which the
       restoration of the critical dune area is monitored to assure that the restoration is completed in a satisfactory
       manner.

   22. Applicable Law. Incorporated by reference herein is Part 353, Michigan Natural Resources and
       Environmental Protection Act, PA 451 of 1994, as amended.

   23. Severability. If any section, clause, or provision of this Ordinance be declared unconstitutional or otherwise
       invalid by a court of competent jurisdiction, said declaration shall not affect the remainder of the
       Ordinance. The City Commission hereby declares that it would have passed this Ordinance and each part,
       section, subsection, phrase, sentence and clause irrespective of the fact that any one or more parts, sections,
       subsections, phrases, sentences or clauses be declared invalid. However, if any provision of the Ordinance
       is declared invalid, the City must seek written confirmation from the DEQ that the Ordinance still complies
       with Part 353, Michigan Natural Resources and Environmental Protection Act, PA 451 of 1994, as
       amended.
This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                        CITY OF MUSKEGON

                                                        By: _________________________________
                                                               Ann Meisch, MMC, City Clerk
                                           CERTIFICATE

         The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
12th day of December, 2017, at which meeting a quorum was present and remained throughout, and
that the original of said ordinance is on file in the records of the City of Muskegon. I further certify
that the meeting was conducted and public notice was given pursuant to and in full compliance with
the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were
kept and will be or have been made available as required thereby.

DATED: ___________________, 2017.               __________________________________________
                                                Ann Meisch, MMC
                                                Clerk, City of Muskegon



Publish:        Notice of Adoption to be published once within ten (10) days of final adoption.
                                             CITY OF MUSKEGON
                                             NOTICE OF ADOPTION

Please take notice that on December 12, 2017, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 2310 of the zoning ordinance to adopt a local critical dune
ordinance. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.

This ordinance amendment is effective ten days from the date of this publication.

Published ____________________, 2017.                              CITY OF MUSKEGON

                                                                   By _________________________________
                                                                         Ann Meisch, MMC
                                                                         City Clerk

---------------------------------------------------------------------------------------------------------------------

PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.

Account No. 101-80400-5354




                                                                                                                        23
                                                                                                                                                 CRITICAL DUNE AREAS



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  VETERANS MEMORIAL PARK




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     CA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        U
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            AY
    Muskegon City Limits
    Critical Dunes


                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              BR
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   31
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                20                                                                     TO M-120
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              BR 31 SB

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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             MCILWRAITH
                                                                                                                                                                                           ED




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   DYSON
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MANZ
                                                                                                                                                                                              GE




                                                                                                                   WI                                               OX                                                                                                                                                                                                                                                                                                                                                                                                                                    M                                                                                                                                                                                                                                                                                                                                                         LAKETON




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          FAIRVIEW
                                                                                                                      LC                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   O
                                                                                                                                                               LC                                                                                                                                                                                                                                      LAKE EXPRESS FERRY
                                                                                                                                                                                                WA




                                                                                                                           OX
                                                                                                                                                            WI                                                                                                                                                                                                                                                                                                                                                                                                                                              O
                                                                                                                                                                         CH




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                RE
                                                                                                                                                                                                  TE
                                                                                                                                                                            ER




                                                                                                                                                                                                     R




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        G
                                                                                                                                                                              RY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         RO                              RE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           BI                              EL
                                                                                                                                                            MUSKEGON YACHT CLUB                                                                                                                                                                                                                                                                                                                                                                                                              EY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          DOWD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 N




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LEAHY
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     SO
                                                                                                                                            S
                                                                                                                                          RK




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       N




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  5TH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ALPHA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  SANFORD
                                                                                                                                                                     N
                                                                                                                                      O




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           Y

                                                                                                                                                    PLU                                                                                                                                                                                                                                                                                                                                                                                    VA
                                                                                                                                                                  PSO
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         ER
                                                                                                                                     W




                                                                                                                                                        M                                                                                                                                                                                                                                                                                                                                                                                     N
                                                                                                                                                                OM
                                                                                                                                   ER




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        M




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               DE
                                                                                                                                                              TH                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ALPHA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              FRANKLIN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    O
                                                                                                                                 AT




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NEVADA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   JIROCH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 RL




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              COMMERCE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  TG




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        TEMPLE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    I
                                                                                                                                W




                                                                                                                                                                                                     S




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        N
                                                                                                                                                                                                    ON




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             WINDSOR                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      HOLBROOK
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         N
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        FRI




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            DE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            N
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        O
                                                                                                                                                                                                         ED




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         LA
                                                                                                                                                                                                  RS




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       M
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            SB
                                                                                                                                                                                                         G




                                                                                                                                                N
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         O
                                                                                                                                                                                               PA




                                                                                                                                             TO
                                                                                                                                                                                                          EW




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          IE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        N




                                                                                                                                          KEA                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         HOLBROOK
                                                                                                                                                                                                                                                                                                                                                                                                       GREAT LAKES MARINA
                                                                                                                                                                                                            AT




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               CLINTON




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    REYNOLDS


                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  HOWDEN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   PECK
                                                                                                                                                                                                              ER




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            RO
                                                                                                                                                                                                         TORRESEN MARINE                                                                                                                                                                                                                                                                                                                      IL                                                                                                                                                                                                                                                                                                                                                                                                 SHELBY
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                SO
                                                                                                                                                                                                                                                                                                                                                                                 GRAND TRUNK LAUNCH                                                                                                                                                  N
                                                                                                                                                                                           MILLARD                          BLUFFTON BAY MARINA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     BARCLAY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                9TH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    YOUNG




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         8TH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            YOUNG
                                                                                                                                                                                                                                                          BALCOM'S MARINA                                                                                                                                                                                                     N
                                                                                                                                                                                                                                                                                                                                                                                                                                                                           ISO




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             GLADE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                         RR                                                                                                                                                                          YOUNG
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    HA

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    LYMAN




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               BEIDLER
                                                                                                                                                                                                                                                                                                                                                                                                                                                                     BLO
                                                                                                                                                                              LAKE DUNES




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          PARK
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     HUDSON
                                                                                                                                                                                                                                             N                    COTTAGE GROVE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                        DG




                                                                                                                                                                                                                                        SO




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      CROWLEY
                                                                                                                                                                                                                                    P




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  KINSEY
                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ETT




                                                                                                                                                                                                                                   M
                                                                                                                                                                                                                                SA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         ADDISON




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             WOODCREEK                                                                                                                                                                                                                                                         DELANO
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        FAIR
                                                                                                                                                                                                                                      BO




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    WILSON

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             PARSLOW
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                WILSON
                                                                                                                                                                                                                                        YL




                                                                                                                                                                                                                                                                                                                                                                                                                                                   MA
                                                                                                                                                                                                                                          E




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               GLADE
                                                                                                                                                                                                                                                                                                                                                                                                                                                     NN
                                                                                                                                                                                                                                                                                                                                                                                                           MC




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               BOURDON




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ROYALE GLEN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               VAN DINTHER



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   MCGRAFT PARK
                                                                                                                                                                                                                                                                                                                                                                                                              CR




                                                                                                                                                                                                                                                                                                                                        LAKESHORE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                HANCOCK
                                                                                                                                                                                                                                                                                                                                                                                                                 AC




                                                                                                                                                                                                                                                                                RV
                                                                                                                                                                                                                                                                                                                                                                  LEBOEUF




                                                                                                                                                                                                                                                                               G
                                                                                                                                                                                                                                                                                                                                                                                                                    KEN




                                                                                                                                                                                                                                  N                                        E
                                                                                                                                                                                                                             TO                                           G
                                                                                                                                                                                                                                                                                                                                                                                                                                                          TORRENT




                                                                                                                                                                                                                           FF                                           TA
                                                                                                                                                                                                                                                                                                                     CLIFFORD




                                                                                                                                                                                                                       U                                            T                                                                                                                                                        ER                                                                                                                                                                                                                                                                                                   ROYALE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                     BLODGETT




                                                                                                                                                                                                                     BL
                                                                                                                                                                                                                                                                                            SHERIN



                                                                                                                                                                                                                                                                                                            LA RUE




                                                                                                                                                                                                                                                                  CO                                                                                                                                                      MIN
                                                                                                                                                                                                                                                   LA




                                                                                                                                                                                                                                                                                                                                                                 HARRISON                                                                                                                                                                                                                                                RO
                                                                                                                                                                                                                                                      RK




                                                                                                                                                                                                                                        D                                                                                          HARRISON
                                                                                                                                                                                                                                       O                                                                                                                                                                                                                                                                                                                                                                                   SE                                                                 HACKLEY
                                                                                                                                                                                                                                                        IN




                                                                                                                                                                                                                                   O                                                                                                                                                                                                                                                                                                                                                                                         W                                                                                                                                                                                                                                                                                                HACKLEY
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     M




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              OO
                                                                                                                                                                                                                                                                                                                                                                                                                                            MO




                                                                                                                                                                                                                                  W
                                                                                                                                                                                                                                RF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      CG




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                D
                                                                                                                                                                                                                           SU
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RA
                                                                                                                                                                                                                                                                                                                                                                                                                                              ON
                                                                                                                                                                                                                                                                                                                                              LINCOLN




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          F




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         POLISKI
                                                                                                                                                                                                                                             RT
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 T




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     BEIDLER
                                                                                                                                                                                                                                                                                                                                                                                          DE
                                                                                                                                                                                                                                                  CO




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                0                                                                  1,500                                                                         3,000 Feet
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     PK




                                                                                                                                                                                                                                            O
                                                                                                                                                                                                                                         ES




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             STEIN
                                                                                                                                                                                                                                                  U




                                                                                                                                                                                                                                                                                                                                                                                             NM




                                                                                                                                                                                                                                        R
                                                                                                                                                                BEACHWOOD PARK
                                                                                                                                                                                                                                                   N
                                                                                                                                                                                                                                                   TR




                                                                                                                                                                                                                                                                                                                                                                                               AR




                                                                                                                                                                                                                                                                                                                                                                                                           N
                                                                                                                                                                                                          DU




                                                                                                                                                                                                                                                                                                                                                                                                       RTO
                                                                                                                                                                                                                                                     Y




                                                                                                                                                                                                                                                                                                                                                                                                     MO                                     IN G
                                                                                                                                                                                                                                                       CL
                                                                                                                                                                                                               N




                                                                                                                                                                                                                                                                                                                                                                                                                                          RD
                                                                                                                                                                                                                                                                                                                                                                                                 K
                                                                                                                                                                                                                                                                                                                                                                                  LEON




                                                                                                                                                                                                                                                                                                                                                                                                                                       HA
                                                                                                                                                                                                                E




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         CR
                                                                                                                                                                                                                                                                                                                                                        MEURER
                                                                                                                                                                                                                                                         U




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           GLADE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 N
                                                                                                                                                                                                                                                          B




                                                                                                                                                                                                                                                                                                 FOUNTAIN




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            EE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                GLEN                                                                                                                                                          KV
                                                                                                                                                                                                                                                                                                                                GROVE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        VINCENT




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            GLEN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 WICKHAM




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 I   EW
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 BARNEY
                                                                                                                                                                                                                                                                    MUSKEGON COUNTRY CLUB                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          BARNEY
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           CUMBERLAND




                                                                                                                                                                                                                             D                         FAIRLAWN
                                                                                                                                                                                                                            O
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       ESTES




                                                                                                                                                                                                                        O
                                                                                                                                                                                                                       W                                                                                                                     HARDING
                                                                                                                                                                                                                     LT                                                                                                                                                                       IN G
                                                                                                                                                                                                                BO                                                                                                                                                                       HA
                                                                                                                                                                                                                                                                                                                                                                                            RD                                  S ON                                                                                      HADDEN                        RIDGE
                                                                                                                                                                                                                                                                                                                                                                                                                            SIS
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             PAR
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                K




CITY OF MUSKEGON                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    WILLIAMS & WORKS - NEDERVELD

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