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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, July 15, 2010
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA (revised)
I. Roll Call
II. Approval of minutes of the regular meeting of June 10, 2010.
III. PUBLIC HEARINGS
A. Hearing; Case 2010-28: Request for a rezoning from R-1, Single Family Residential
district to B-4, General Business district for a portion of the property at 721 E Laketon, by
Michael David.
B. Hearing; Case 2010-29: Request for a Special Use Permit for vehicle sales for the
property at 721 E Laketon Ave, by Michael David.
C. Hearing; Case 2010-30: Request for a Special Use Permit for a vintage shop at 1115 3rd
St, by Jennifer Cross.
IV. OLD BUSINESS
Case 2009-13 (tabled from Sept. 2009 meeting): Request for Site Plan Review for
property located at 3198 Edgewater Street, by Phillip Lundwall, Muskegon Yacht Club.
V. NEW BUSINESS
VI. OTHER
VII. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE
CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired
and audio tapes of printed materials being considered at the meeting, to individuals with disabilities who want to attend the
meeting, upon twenty-four hour notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or
services should contact the City of Muskegon by writing or calling the following:
Ann Marie Becker, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
July 15, 2010
Case 2009- 13 (tabled): Request for Site Plan Review for property located at 3198 Edgewater
Street, by Phillip Lundwall, Muskegon Yacht Club.
BACKGROUND
Applicant: Phillip Lundwall, Muskegon Yacht Club
Property Address/Location: 3198 Edgewater Street
Request: Site Plan Review
Present Land Use: Additional boat slips, new attenuating breakwall, and
reconfiguring the current parking lots
Zoning: WM – Waterfront Marine
STAFF OBSERVATIONS
1. The subject property is 2.62 acres of waterfront property, including a clubhouse, pool with
changing rooms and a boat house.
2. There are presently 71 existing boat slips. The Yacht Club plans to replace those with new
ones and add 13 new slips, along with a protective wave attenuating breakwall.
3. The subject property is zoned WM, Waterfront Marine. Properties to the North, West, and
South are zoned R, Single Family Residential, and to the East the property is zoned WM.
4. The construction of the new boat slips requires additional parking. There is adequate paved
area shown on the site plan to accommodate a good portion of the required parking spaces,
however the parking areas will need to be striped in order for additional spaces to be added
and more orderly parking to take place. The applicant has made the parking lot
modifications that were requested from the September 2009 meeting.
5. The Planning Department requires the following amendments to the site plan as conditions of
approval:
a. Curb stops or rolled curbing is required for all parking spaces adjacent to Edgewater St.
6. The Engineering Department has the following conditions of approval:
a. No work to be done in the public right-of-way, such as drive approaches or sidewalks.
b. Any dredged/excavated materials must be stock piled and protected against erosion as per
the required permit from Muskegon County DPW.
7. The Department of Public Works has no outstanding issues with this site plan.
8. The Fire Department has following conditions of approval:
a. Fire protection required per International Fire Code 2006 Edition, Section 905.3.7 and
NFPA 303 Standards.
b. Shop drawings shall be submitted to the Fire Marshall and Building Inspections
Department for approval.
c. Fire protection contractor for this project shall contact the local Fire Marshall.
9. Staff has received no comments regarding this request.
View of the main club house. View of the accessory building to the west.
View of the east entry drive and parking area. Boats currently parked in east lot.
Standards for Site Plan approval:
Prior to approving a site plan, the City shall require that the following standards be
satisfied:
a. Schedule of Regulations: The site plan shall comply with the requirements for height, lot
size, yard space, density and all other requirements as set forth in the district regulations.
b. Other codes and standards: To the extent necessarily shown in the site plan, it shall
comply with other applicable City codes and standards.
c. Compatibility with surrounding land use and development: All elements shall be located,
designed and organized in relation to topography, the size and configuration of the parcel,
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the character of adjoining property and the type and size of the buildings. The site shall
be developed so as not to impede the normal and orderly development or improvements
of surrounding property for uses permitted in this Zoning Ordinance.
d. Preservation of natural features: The landscape shall be preserved in its natural state,
insofar as practical, by removing only those areas of vegetation or making those
alterations to the topography which are reasonably necessary to develop the site.
e. Landscaping: Landscape buffers and greenbelts shall be provided and designed in
accordance with the provisions of this Ordinance. Fences, walks, barriers and
landscaping shall be used, as appropriate, for the protection and enhancement of the
property and for the privacy of occupants and neighbors.
f. Stormwater management: Drainage design shall recognize existing natural drainage
patterns. Stormwater removal shall not adversely affect neighboring properties or the
public storm drainage system. Provisions shall be made to accommodate stormwater on-
site, using sound engineering practices.
g. Soil erosion control: Appropriate measures shall be taken to ensure compliance with
state and local soil and sedimentation control regulations.
h. Wetlands Protection: The natural retention or storage capacity of any wetland, water
body, or water course will not be substantially reduced or altered in a way which could
increase flooding or water pollution at the site or other locations.
i. Emergency Access: All site improvements and structures shall be arranged so as to
permit necessary emergency vehicle access and to comply with the locally adopted fire
code.
j. Public streets and private roads: All uses must have access to a public street or a private
road. All streets and curb cuts shall be developed in accordance with City specifications,
the Michigan Department of Transportation, and/or private road regulations of the City,
whichever applies.
k. Access Management: Streets and drives on a site shall be of a width appropriate to the
traffic volume they will carry and shall have adequate paved areas for vehicles. Traffic
mitigation techniques such as on-site parallel access lanes, rear access lanes, deceleration
lanes and traffic calming measures may be required. Shared curb cuts and access ways
may also be required.
l. Site Circulation and Parking: Parking areas shall meet the requirements of this
ordinance. All parking spaces and circulation patterns shall be marked. Curb stops or
curbing may be required to prevent encroachment on required setbacks and screening.
Provisions for on-site maneuvering of vehicles shall be made so as to discourage backing
and movements of trucks on abutting public streets. On site traffic control signs shall be
visible and understandable.
m. Pedestrian safety: The on-site pedestrian circulation system shall be separated as
completely and reasonably as possible from the vehicular circulation system. In order to
ensure public safety, special pedestrian measures such as sidewalks, crosswalks, and
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other such facilities may be required for the development. The site circulation shall be
connected to existing or planned streets and pedestrian or bicycle pathways in the area as
appropriate.
n. Site amenities: The site plan shall provide outdoor common areas and associated
amenities for employees, customers and/or residents which may include public trash
receptacles, bike racks, seating areas, recreation areas, shade trees, bus stop turn-outs, and
similar facilities where appropriate.
o. Utility Service: The development must be adequately served by necessary public
services and shall not impose an undue burden on public services and infrastructure. All
utilities for new construction shall be placed underground. Any installations which must
remain above ground shall be compatible with those on adjacent properties.
p. Lighting: Exterior lighting shall be arranged so it is deflected away from adjacent
properties and so it does not impede the vision of traffic along adjacent streets. Flashing
or intermittent lights shall not be permitted. Design of lighting fixtures shall be
compatible with those on adjacent properties. Light poles and fixtures shall be no higher
than twenty-five (25) feet.
q. Signs: The size, location, and lighting of all permanent signs shall be consistent with the
requirements of this Ordinance.
r. Accessibility: All sites shall be designed to comply with barrier-free requirements.
s. State and Federal Mandates: The site plan shall demonstrate compliance with any state
or federal statute, regulation or ruling, whether general or site specific, which is
applicable to the property. This shall include without limitation any legally enforceable
restrictions on development or improvements which have been communicated or required
by a state or federal agency. It shall include, without limitation, requirements of laws,
regulations, rulings or agency requirements concerning environmental protection, waste
management, floodplains, soil and sedimentation, protection of ground or surface water
resources, soil conditions, and the presence of hazardous materials in or contamination of
soils, air and water pollution matters and provisions which are designed for or reasonably
related to the protection of the public health, safety or welfare. The applicant shall
demonstrate that all said statutes, regulations, rulings, or requirements have been satisfied
by its site plan and that there are no State or Federal agencies which have required, or are
in the process of requiring, any additional action, restriction or compliance. In the event
a property is the subject of any governmental regulatory action or requirement, or without
limitation, the property is located in the "facility" as defined by state or federal law, the
state or federal agency responsible for the applicable regulation shall be notified in
writing of the filing of the site plan and any hearing regarding the application for
approval.
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RECOMMENDATION
Staff recommends approval of the request for site plan approval for 13 additional boat slips, new
attenuating breakwall, and reconfiguring the current parking lots, subject to the conditions listed
below.
DETERMINATION
The following motion is offered for consideration:
I move that the site plan for 13 additional boat slips, new attenuating breakwall, and
reconfiguring the current parking lots for property located at 3198 Edgewater Street for Phillip
Lundwall, Muskegon Yacht Club, be (approved/denied/tabled), based on the following findings
and conditions (if approved):
1. All conditions of the Planning Department listed in #5 of the staff report must be met.
2. All conditions of the Engineering Department listed in #6 of the staff report must be met.
3. All conditions of the Fire Department listed in #8 of the staff report must be met.
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Hearing; Case 2010-28: Request for a rezoning from R-1, Single Family Residential district to
B-4, General Business district for a portion of the property at 721 E Laketon, by Micheal David.
BACKGROUND
Applicant: Micheal David
Property Address/Location: 721 E Laketon
Zoning: B-4, General Business / R-1, Single Family Residential
Request: Rezone the southern portion of the property to B-4
Present Land Use: Vacant
STAFF OBSERVATIONS
1. The parcel measures 39,062 sq ft. About 32,374 sq ft of it is zoned B-4, General
Business District and about 6,688 sq ft of it is zoned R-1, Single Family Residential
District.
2. The portion of the parcel that is zoned R-1, Single Family Residential District is
considered a buildable lot since it meets the 6,000 sq ft minimum lot and 50 ft of frontage
standards.
3. The properties to the east and south are zoned B-4, General Business District. The
properties to the north, west, and south are zoned R-1, Single Family Residential District.
4. The applicant is requesting to rezone the property so he may open a used car lot. Cars for
sale would be placed on the western portion of the property in the currently fenced in
area. The southern portion of this area is currently zoned R-1, Single Family Residential
District.
5. The building on the property would be used for the sales office and automobile repair.
6. Staff has received the following email from the public:
Regarding Case no. 2010-28, I'm against rezoning of property from R-1 to B-4 for the following reasons:
1) the property has not been maintained to standards to meet R-1; 2) Grass is overgrown & not kept cut to
appropriate length; 3) building has not been maintained to acceptable standards; 4) likelihood the electrical
& plumbing of the building would not pass an inspection with regard to current Code standards.
Recommendation: owner should make a "good faith" effort to bring the building up to code and good
exterior condition while maintaining the lawn and landscaping. It's unreasonable to ask for a zoning
upgrade when the ( standards ) for R-1 are not being met.
Case no. 2010-29 against a special land use permit to ( allow vehicle sales ) at 721 E. Laketon Ave. for
the following reasons: 1) property does not have nor qualify for B-4 zoning based upon the condition of
the building, maintenance, and landscape; 2) city of muskegon does not need an empty lot filled with
people's cars for sale with no real business being run, ie owner or salesperson present 9-5 pm on-site; 3)
owner able to show proof of State of Michigan Used car sales license, proof of Auto dealership insurance,
Ten years of experience being a "going concern" as a used car dealer and an "Actual" Business Plan; 4)
City of Muskegon is littered with Used car dealers on every corner and many have gone out of business;
5) this type of business adds zero value to our city in terms of jobs, taxes, and product/service being
offered.
Recommendation: 1) Take a survey of the surrounding community/residents and find out what
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service/product is not offered and is desparately needed; 2) Create a business plan to address this need; 3)
Start a business that fulfills this need; 4) Hire employees and pay taxes; 5) Give something back to the
community and City of Muskegon that meets a specific need.
In summary, I am against both requests.
Respectfully yours,
Mel K.
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Zoning Ordinance excerpts:
B-4 General Business
ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS
PREAMBLE
The B-4 General Business District is designed to provide for a wide variety of business activities
including automotive services and goods, and is generally incompatible with the uses in the B-1,
B-2, and B-3 Business Districts. Placement along presently developed major traffic arteries
prevents the conflict of traffic and pedestrian movement since the General Business District is
characterized by a minimum of pedestrian flow. The B-4 General Business Districts have been
located in areas designated on the adopted Land Use Plan.
SECTION 1300: PRINCIPAL USES PERMITTED
In the B-4 General Business District, no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (1) or more of the following specified
uses, unless otherwise providing in this Ordinance:
1. Veterinarian clinics, without outdoor kennels.
2. Bus passenger stations.
3. Stores selling second hand merchandise.
4. Funeral homes.
5. Automobile car wash, when completely enclosed in a building.
6. Auto service stations for the sale of gasoline, oil, and accessories, subject to the
following:
a. The curb for ingress and egress to a service station shall not be permitted at such
location that will tend to create traffic hazards in the streets immediately adjacent
thereto. Entrances shall be no less than twenty-five (25) feet from a street
intersection (measured from the road right-of-way) or from adjacent residential
districts.
b. The minimum lot area shall be ten thousand (10,000) square feet, and so arranged
that ample space is available for motor vehicles which are required to wait.
c. Major automobile repair, engine and body repair, steam cleaning and
undercoating may be allowed when conducted on the site, and said uses shall be
within a completely enclosed building. The storage of wrecked automobiles on
the site shall be obscured from public view. No automobile or vehicle of any kind
shall be stored in the open for a period exceeding one (1) week.
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d. All rest rooms doors shall be shielded from adjacent streets and residential
districts.
e. Dispensing pumps shall be set back twenty (20) feet from the right-of-way line.
7. Self service laundry and dry cleaning establishments.
8. Amusement, entertainment, and recreational, including bowling alleys and skating rinks.
9. Storage of non-hazardous and non-toxic materials or goods provided such storage is
within a building or is enclosed as not to be visible to the public from any abutting
residential district or public street.
10. Theaters, when completely enclosed.
11. Banks, with or without drive-in facilities.
12. Restaurants and cocktails lounges.
13. Motels and hotels.
14. Residential uses as part of a building in this business zone shall be allowed upon issuance
of a Certificate of Occupancy from the Department of Inspections, but provided that the
minimum lot area requirements of the RM-3 District are met.
15. Assembly of small parts provided that there shall be no machining, painting, cutting,
grinding, or welding of parts.
16. Business schools, or private schools operated for profit. Examples of private schools
permitted herein include, but are not limited to, the following: dance schools, music and
voice schools, and art studios: [amended 5/02]
a. Parking is required to be provided on the same site as the building. Shared
parking will be allowed, if it is irrevocable, and if it will not consume any parking
needed for a separate use.
17. Principal Uses as permitted in B-2 Districts.
18. Accessory buildings and accessory uses customarily incidental to the above Principal
Uses Permitted.
19. Uses similar to the above Principal Uses Permitted.
SECTION 1301: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission. A site plan shall not be
required when there is no change to buildings or existing facilities.
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1. Sales space for the sale of new and used automobiles, house trailers, travel trailers, and
recreational vehicles, subject to the following.
a. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from
the intersection of any two (2) streets:
b. No major repair or major refinishing shall be done on the lot, such use of land
being only permitted in the I-1 or I-2 Industrial Districts.
2. Flea markets and auctions.
3. Business in the character of a drive-in restaurant or open front store, subject to the
following:
a. A setback of at least sixty (60) feet from the street right-of-way line of any
existing or proposed major thoroughfare shall be maintained.
b. Ingress and egress points shall be located at least sixty (60) feet from the
intersection of any two (2) streets.
4. Outdoor recreational space for amusement parks, miniature golf courses, and other
outdoor recreation activities subject to the following: [amended 2/02]
a. Amusement parks or amusement facilities must be fenced on all sides with a four
foot six inch (4'-6") high wall or fence.
5. Outdoor theaters subject to the following conditions:
a. Points of ingress and egress for the outdoor theater shall be on major
thoroughfares and shall not be accessible from any residential street.
b. All vehicles waiting or standing to enter the facility shall be provided off-street
waiting space. No vehicle shall be permitted to wait or stand within a dedicated
road right-of way.
6. Private clubs, lodges, social and similar facilities.
7. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties
zoned for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may be
allowed provided front, side, and rear yards are increased above the minimum
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requirements by one (1) foot for each foot of building that exceeds the maximum
height allowed.
8. Commercial Kennels.
9. Mini Storage (warehouse facilities); (amended 10/98)
a. The parcel shall have direct access to a major thoroughfare.
b. One (1) parking space shall be provided for each twenty (20) rental units
within the buildings, and one (1) parking space shall be provided for each
employee on site.
c. Between warehouses, there shall be a minimum of twenty five (25') feet
for internal access drives. Traffic direction and parking shall be designated
by signaling or painting.
d. The lot area used for parking and access shall be provided with a
permanent, durable, dustless surface and shall be graded and drained so as
to dispose of all surface water.
e. All lighting shall conform to section 2319 of this ordinance.
f. A ten foot landscaped berm shall be required in the front setback of areas
adjacent to any residential zone or use.
g. Retail, wholesale, fabrication, manufacturing, or service activities may not
be conducted from the storage units by the lessees.
h. Storage of goods shall be limited to personal property with no commercial
distribution allowed and no operation which requires the regular delivery
or pick-up of goods in truck in excess of one and one-half (1.5) ton rated
capacity shall be permitted.
i. All storage shall be within the enclosed building area. There shall be no
outside storage or stockpiling.
j. No storage of hazardous, toxic, or explosive materials shall be permitted at
the facility. Signs shall be posted at the facility describing such
limitations.
10. Live music concert halls, under the following conditions: [amended 8/02]
a. The business will operate in such a manner as to comply with the Noise
Ordinance enacted by the City of Muskegon. No music (either live or piped) will
be permitted outside the building.
b. The business will maintain security staff, both inside and outside the building, at
all times when open to customers. Loitering will not be permitted on or around
the site.
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c. The business will not operate between the hours of 3:00 a.m. and 8:00 a.m. No
person of 16 years of age or younger will be permitted within the business after
midnight and must directly exit the premises after that time.
d. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.
e. Security lighting will be provided for the site.
11. Taxi/Limousine Services [amended 5/04]
12. Craft Shops [amended 5/08]
13. Wind Turbine Facilities [amended 10/09].
14. Accessory uses and accessory buildings customarily incidental to the above Special Land
Uses Permitted.
15. Uses similar to the above Special Land Uses Permitted.
SECTION 1302: PLANNED UNIT DEVELOPMENTS
Planned Developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the B-4 General
Business Districts is to allow mixed land uses, which are compatible to each other, while
prohibiting nonresidential uses which would not be compatible or harmonious with residential
dwellings or permitted commercial uses.
SECTION 1303: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 10,890 sq. feet.
2. Maximum lot coverage:
Buildings: 70 %
Pavement: 25 %
3. Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
5. Height Limit:
Maximum height: 2 stories or 35 feet
Minimum height: 2 stories or 35 feet.
Minimum heights are in the form of an "overlay district" on the following street
corridors:
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Western Avenue; from Ninth Street to Pine Street.
Clay Avenue; from Seventh Street to Fourth Street.
Pine Street; from Western Ave. to Apple Avenue.
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
building line abuts the front yard, except as follows: to the deck line of mansard roofs,
and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-4).
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).
9. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development under the
building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
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11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
line is employed for a structure or fire access. At least fifty percent of all required front
setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
amended 10/02]
ARTICLE IV - R ONE FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
These districts are designed to be composed of low density residential development. The
regulations are intended to stabilize, protect, and encourage the residential character of the
district and prohibit activities not compatible with a residential neighborhood. Development is
limited to single family dwellings and such other uses as schools, parks, churches, and certain
public facilities which serve residents of the district. It is the intent of these districts to recognize
that the City of Muskegon has been developed and platted with some lots that are smaller than
those found in recently urbanized communities, and the standards in Section 2100 reflect
residential development standards that the citizens of Muskegon find to be compatible.
SECTION 400: PRINCIPAL USES PERMITTED
In R, One Family Residential, Districts no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one or more of the following specified uses,
unless otherwise provided in this Ordinance;
1. One Family detached dwellings.
2. Home occupations of a non-industrial nature may be permitted. Permissible home
occupations include, but are not limited to the following: [amended 11/02]
a. Art and craft studios, lessons may be given to one client at a time
b. Hair and nail salons, limited to one client at a time
c. Dressmaking and tailoring
d. Tutoring, limited to one student at a time
e. Typing or clerical services
f. Teaching of music or dancing or similar instruction, limited to one client at a time
g. Offices located within the dwelling for a writer, consultant, member of the clergy,
lawyer, physician, architect, engineer or accountant, limited to one client/family at
a time.
h. All home occupations are subject to the following:
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i) The businessperson operating the home occupation shall reside in the dwelling and
only members of the immediate family residing on the premises may be employed.
ii) The business shall have a local business license and any other appropriate licensing or
registrations required by local, state or federal law.
iii) No equipment or process shall be used in home occupations which creates noise,
vibration, glare, fumes, odor, or electrical interference detectable to the normal senses
of persons off the lot. In the case of electrical interference, no equipment or process
shall be used which creates visual or audible interference with any radio or television
receivers off the premises or causes fluctuations in the line voltage off the premises.
iv) Explosives, flammable liquids or combustible liquids shall only be used in
compliance with the applicable fire and building codes.
v) Activities involving kilns or welding equipment shall comply with the applicable fire
and building codes.
vi) The outside appearance of the premises shall have no visible evidence of the conduct
of a home occupation.
vii) Home occupations may not serve as headquarters or dispatch centers where
employees come to the site and are dispatched to other locations.
viii) All activity must be conducted within a preexisting structure. The home
occupation shall not require internal or external alterations or involve construction
features not customarily found in dwellings.
ix) There shall be no exterior display or signage other than that signage allowed for home
occupations under the sign requirements of this ordinance. [amended 11/00]
x) No goods shall be kept, or sold which are made or assembled off-site, except as
incidental to services rendered.
xi) The primary function of the premises shall be that of the residence of the family, and
the occupation shall not exceed twenty-five (25) percent of the principal building.
xii) There shall be no outside storage or processing.
xiii) The home occupation shall not involve the routine use of commercial vehicles for
delivery of materials to and from the premises. There shall be no commercial
vehicles associated with the home occupation, nor parking of more than one (1)
business car, pickup truck or small van on the premises.
xiv) Activities specifically prohibited (but not limited to) include:
(1) A service or repair of motor vehicles, appliances and other large
equipment
(2) A service or manufacturing process which would normally require
industrial zoning
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(3) A commercial food service requiring a license
(4) A limousine service
(5) A lodging service including but not limited to, a tourist home,
motel or hotel
(6) A tattoo parlor
(7) An animal hospital or kennel
(8) A lawn service
xv) No activity legally excluded by any deed restriction or other tenant or owner
restrictions shall be permitted.
2. Adult Foster Care Family Homes, provided that such facilities shall be at least one
thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]
3. Accessory buildings and accessory uses customarily incidental to any of the above
Principal Uses Permitted.
4. Uses similar to the above Principal Uses Permitted.
SECTION 401: SPECIAL LAND USES PERMITTED [amended 2/02]
The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission:
1. Private recreational areas, and institutional recreational centers when not operated for
profit, and nonprofit swimming pool clubs, all subject to the following conditions:
[amended 2/02]
a. In those instances where the proposed site is not to be situated on a lot or lots of
record, the proposed site shall have one property line abutting a major
thoroughfare and the site shall be so planned as to provide ingress and egress
directly onto said major thoroughfare.
b. Front, side, and, rear yards shall be at least fifty (50) feet wide, except on those
sides adjacent to nonresidential districts, and shall be landscaped in trees, shrubs,
grass, and terrace areas. All such landscaping shall be maintained in a healthy
condition. There shall be no parking or structures permitted in these yards, except
for required entrance drives and those walls and/or fences used to obscure the use
from abutting residential districts.
c. Buildings erected on the premises shall not exceed one (1) story or fourteen (14)
feet in height.
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d. Whenever a swimming pool is constructed under this Ordinance, said pool area
shall be provided with a protective fence six (6) feet in height, and entry shall be
protected by means of a controlled gate or turnstile.
e. The off-street parking and general site layout and its relationship to all adjacent
lot lines shall be reviewed by the Planning Commission who may impose
reasonable restrictions or requirements so as to insure that contiguous residential
areas will be adequately protected.
2. Colleges, universities, and other such institutions of higher learning, public and
private, offering courses in general, technical, or religious education not operated for
profit, all subject to the following conditions:
a. Any use permitted herein shall be developed only on sites of at least five (5) acres
in area.
b. All ingress to and egress from said site shall be directly onto a major
thoroughfare.
c. No building other than a structure for residential purposes shall be closer than
seventy-five (75) feet to any property line.
3. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties
zoned for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100, may be
allowed provided front, side, and rear yards are increased above the minimum
requirements by one (1) foot for each foot of building that exceeds the maximum
height allowed.
4. Elementary, intermediate, and/or secondary schools offering courses in general
education, provided such uses are set back thirty (30) feet from any lot in a residential
zone.
5. Cemeteries.
6. Previously existing or established commercial uses not already converted to a residential
use may be authorized under Special Use Permit for the following [amended 12/99]:
a. Retail and/or service establishments meeting the intent of the neighborhood Limited
Business Zone (B-1) dealing directly with consumers including:
1) Any generally recognized retail business which supplies new commodities
on the premises for persons residing in adjacent residential areas such as:
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groceries, meats, dairy products, baked goods or other foods, drugs,
drygoods, and notions or hardware.
2) Any personal service establishment which performs services on the
premises for persons residing in adjacent residential areas, such as: shoe
repair, drop-off dry cleaning shops, tailor shops, beauty parlors, barber
shops, dressmaker, tailor, pharmacist, or an establishment doing radio,
television, or home appliance repair, and similar establishments that
require a retail character no more objectionable than the aforementioned,
subject to the provision that no more than five (5) persons shall be
employed at any time in the sale, repair, or other processing of goods.
3) Professional offices of doctors, lawyers, dentists, chiropractors,
osteopaths, architects, engineers, accountants, and similar or allied
professions.
4) Restaurants, or other places serving food, except drive-in or drive-through
restaurants.
b. Prohibited uses: Activities specifically prohibited include repair or service of
motor vehicles and other large equipment; manufacturing processes which would
normally require industrial zoning; any activity which may become a nuisance
due to noise, unsightliness or odor; and any activity which may adversely affect
surrounding property.
c. Conditions: [amended 8/04]
1) Outdoor storage is prohibited.
2) The area devoted to approved uses shall not exceed 2,500 square feet.
3) All goods produced on the premises shall be sold at retail on the premises
where produced.
4) All business, servicing, or processing shall be conducted within a
completely enclosed building, or in an area specifically approved by the
Planning Commission.
5) Parking shall be accommodated on site or with limited street parking.
6) Hours of operation may be limited by the Planning Commission.
7) Signs must comply with those set forth for the residential zoning district.
8) The Planning Commission may allow a use to sell alcohol, however the
Commission may limit the type of license applied for or obtained for the
sale of alcohol to an SDM, hours of operation, and any other restrictions
intended to stabilize, protect, and encourage the residential character of the
area. The use must gain approval from the Michigan Liquor Control
Commission before alcohol can be or sold.
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7. Bed & Breakfast facilities, under the following conditions:
a. The home must be located in the Clay-Western or National Register Historic
District, as identified by the City of Muskegon Historic District Commission map.
b. The owner or operator of the tourist home shall live full-time on the premises.
c. No structural additions or enlargements shall be made to accommodate the tourist
home use and no exterior alterations to the structure shall be made which will
change the residential appearance of the structure.
d. Breakfast may be served on the premises, only for guests of the facility, and no
other meals shall be provided to guests.
e. No long-term rental of rooms for more than fourteen (14) consecutive days shall
be permitted. No guest may stay for more than twenty-eight (28) nights in any
given year.
f. There shall be a maximum of five (5) guestrooms. No more than two (2) adults
are permitted to stay in any guestroom.
g. Signage shall conform to that which is permitted for home occupation businesses
only.
h. Rental of the tourist home for special gatherings such as wedding receptions and
parties shall be prohibited.
i. The property shall meet all local and state code requirements regarding bed and
breakfast facilities.
8. Accessory buildings and accessory uses customarily incidental to any of the above
Special Land Uses Permitted.
9. Uses similar to the above Special Land Uses Permitted.
SECTION 402: [RESERVED] [amended 8/01]
SECTION 403: PLANNED UNIT DEVELOPMENT OPTION [amended 12/97]
Planned unit developments (PUDs) may be allowed by the Planning Commission under the
procedural guidelines of Section 2101. The intent of Planned Unit Developments in the single
family residential district is to allow for flexibility in the design of housing developments,
including but not limited to condominium developments and cluster subdivisions, to allow for
the preservation of open space; allow for economies in the provision of utilities and public
services; provide recreational opportunities; and protect important natural features from the
adverse impacts of development.
1. Determination: The Planning Commission, in reviewing and approving a proposed PUD
may allow lots within the PUD to be reduced in area and width and setbacks below the
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minimum normally required by this ordinance in return for common open space where it
is determined that the benefits of the cluster approach will decrease development costs,
increase recreational opportunities, or prevent the loss of natural features. The Planning
Commission, in its determination, shall consider the densities permitted in the Zoning
Ordinance and, if applicable, the land’s capability to bear the higher density.
2. Basic Requirements:
a. The net residential acreage including improvements and occupied land shall be
calculated by taking the total area of the tract and subtracting, in order, the
following:
1) Portions of the parcel(s) shown to be in a floodplain.
2) Portions of the parcel(s) which are unsuitable for development in their
natural state due to topographical, drainage or subsoil conditions such as,
but not limited to; slopes greater than 15%; organic, poorly drained soils,
and wetlands.
3) Portions of the parcel(s) covered by surface waters.
4) Portions of the tract utilized for storm water management facilities.
b. Undevelopable areas may be used for common open and recreational areas.
c. No building shall be sited on slopes steeper than 15%, within 100 feet of any
ordinary high water mark, wetland, or on soil classified as being very poorly
drained.
3. Density determination: To determine the maximum number of dwelling units permitted on
the parcel(s) of land, the net residential acreage shall be divided by the minimum lot size
required by the zoning ordinance.
4. Open space requirement: At least 15% of the site shall be set aside as dedicated common
open space. At least one third (1/3) of the common open space shall be usable open space.
The open space and access to it shall be permanently marked and designed so individuals in
the development are not forced to trespass to reach such recreational or common open
spaces.
5. Spacing: The distance between buildings shall not be less than 10 feet and front setbacks
shall not be less than 10 feet. In no case shall an individual dwelling lot be less than 4,000
square feet.
6. Waterfront: Where a cluster development abuts a body of water, at least 50% of the
shoreline, as well as reasonable access to it, shall be a part of the common open space land.
7. Utility of common open space: Common open space in any one residential cluster shall be
laid out, to the maximum extent feasible, to connect with other open space existing or
proposed.
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8. Size: Minimum parent parcel size is 21,780 square feet (one-half acre).
9. Bonus units: Where the developer provides additional open space or amenities within the
development, additional density may be granted. A maximum of a 10% unit bonus may be
granted to the development for additional amenities such as: public trail easements,
additional open space, additional common waterfront area, and additional landscaping.
SECTION 404: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 6,000 sq. feet
2. Density (see definition in Article II): 7 dwelling units per buildable acre.
3. Maximum lot coverage:
Buildings: 50%
Pavement: 10%
4. Lot width: 50 feet (shall be measured at road frontage unless a cul-de-sac, then measured
from setback).
5. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
6. Height limit: 2 stories or 35 feet. Exception: Homes located in an established Historic
District may be up to 3 stories or 45 feet, if found to be compatible with other homes
within 600 feet. [amended 9/08]
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
building line abuts the front yard, except as follows: to the deck line of mansard roofs,
and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-3).
7. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 25 feet
Minor Street: 15 feet
Note: For minimum front setbacks new principal structures on minor streets may align
with existing principal structures in the immediate area even if the front setback is below
the minimum required.
8. Rear setback: 30 feet
9. Setback from the ordinary high water mark or wetland: 30 feet (principal structures
only).
10. Side setbacks:
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1-story: 6 feet and 10 feet
2-story: 8 feet and 12 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
11. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development under the
building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
STAFF RECOMMENDATION
Staff recommends approval of the rezoning so that the parcel may fall under one zoning
classification.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which justify
the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might result from the
approval or denial of the petition?
3. What is the impact of the amendment on the ability of the city to provide adequate
public services and facilities and/or programs that might reasonably be required in the
future if the petition is approved?
4. Does the petitioned zoning change adversely affect the environmental conditions or value
of the surrounding property?
5. Does the petitioned zoning change generally comply with the adopted Future Land
Use Plan of the City?
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6. Are there any significant negative environmental impacts which would reasonably
occur if the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic sites,
or wildlife areas.
7. Is the proposed zoning change a “Spot Zone”?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those allowed in
the vicinity?
c. Would the zoning change confer a benefit to the property owner that is not
generally available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.
The following motion is offered for consideration:
I move that the request to rezone a portion of the property located at 721 E Laketon from R-1,
Single Family Residential District to B-4, General Business District, as described in the public
notice, be recommended for (approval/denial) to the City Commission pursuant to the City of
Muskegon Zoning Ordinance, and the determination of (compliance/lack of compliance) with
the intent of the City Master Land Use and zoning district intent.
Hearing; Case 2010-29: Request for a Special Use Permit, per section 401 #6 of Article IV of
the zoning Ordinance, to allow vehicle sales for the property at 721 E Laketon Ave, by Micheal
David.
BACKGROUND
Applicant: Micheal David
Property Address/Location: 721 E Laketon
Zoning: B-4, General Business / R-1, Single Family Residential
Request: Special Use Permit for vehicle sales
Present Land Use: Vacant
STAFF OBSERVATIONS
1. The applicant is requesting a special use permit for vehicle sales for the property at
721 E Laketon Ave. The parcel is currently zoned B-4, General Business District,
which allows for vehicle sales with the acquisition of a special use permit.
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2. The building located on the property is roughly 8,200 sqft and is currently vacant.
The sales office would be located on the eastern most section of the building and
would be about 900 sqft. An auto repair shop would be located on the western most
portion of the building and would be roughly 2,280 sqft. These two uses would
require at least 7 spaces to be striped for parking.
3. Vehicles for sale would be located along Laketon Ave in the current parking lot and
also in the currently fenced in area (this area would need to be paved.)
4. A condition of all special use permits for automobile sales states, “Ingress and egress
to the outdoor sales area shall be at least sixty (60) feet from the intersection of any
two (2) streets.” The site plan states that the curb cut on Ray Avenue is 60’ ft from
the intersection of Laketon Ave, however, a field check by staff shows that this in not
true. There is only about 25’ feet of clearance. Either this curb cut would need to be
blocked off or sales of automobiles should only take place west of the curb cut on
Laketon Ave.
5. The site plan does not indicate parking spaces. There is only 45’ feet of clearance
from the building to the sidewalk, which would make the required parking difficult to
achieve. There must be 22 feet of clearance for two-way traffic. Also, parking
spaces must be 8’x18’ and there must also be room left over for the vehicles for sale.
The zoning ordinance also calls for an average minimum greenbelt of 10 feet shall be
maintained along all street frontages, which currently is not being met.
6. The Planning Department requires the following amendments to the site plan as
conditions of approval:
a. A revised site plan showing the new pavement, car sales locations, vehicle
maneuvering isles, greenbelt buffer and striped parking spaces must be submitted.
7. The Engineering Department has no outstanding issues with this site plan
8. The Department of Public Works has no outstanding issues with this site plan.
9. The Fire Department has following conditions of approval:
a. key box for fire department access required if fence and gate is installed.
10. Staff has received the following email from the public:
Regarding Case no. 2010-28, I'm against rezoning of property from R-1 to B-4 for the following
reasons: 1) the property has not been maintained to standards to meet R-1; 2) Grass is
overgrown & not kept cut to appropriate length; 3) building has not been maintained to
acceptable standards; 4) likelihood the electrical & plumbing of the building would not pass an
inspection with regard to current Code standards.
Recommendation: owner should make a "good faith" effort to bring the building up to code
and good exterior condition while maintaining the lawn and landscaping. It's unreasonable to
ask for a zoning upgrade when the ( standards ) for R-1 are not being met.
Case no. 2010-29 against a special land use permit to ( allow vehicle sales ) at 721 E. Laketon
Ave. for the following reasons: 1) property does not have nor qualify for B-4 zoning based upon
the condition of the building, maintenance, and landscape; 2) city of muskegon does not need an
empty lot filled with people's cars for sale with no real business being run, ie owner or
salesperson present 9-5 pm on-site; 3) owner able to show proof of State of Michigan Used car
sales license, proof of Auto dealership insurance, Ten years of experience being a "going
concern" as a used car dealer and an "Actual" Business Plan; 4) City of Muskegon is littered with
Used car dealers on every corner and many have gone out of business; 5) this type of business
adds zero value to our city in terms of jobs, taxes, and product/service being offered.
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Recommendation: 1) Take a survey of the surrounding community/residents and find out what
service/product is not offered and is desparately needed; 2) Create a business plan to address this
need; 3) Start a business that fulfills this need; 4) Hire employees and pay taxes; 5) Give
something back to the community and City of Muskegon that meets a specific need.
In summary, I am against both requests.
Respectfully yours,
Mel K.
Site Plan
Building Plan
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Zoning ordinance excerpt:
B-4 General Business
ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS
PREAMBLE
The B-4 General Business District is designed to provide for a wide variety of business activities
including automotive services and goods, and is generally incompatible with the uses in the B-1,
B-2, and B-3 Business Districts. Placement along presently developed major traffic arteries
prevents the conflict of traffic and pedestrian movement since the General Business District is
characterized by a minimum of pedestrian flow. The B-4 General Business Districts have been
located in areas designated on the adopted Land Use Plan.
SECTION 1300: PRINCIPAL USES PERMITTED
In the B-4 General Business District, no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (1) or more of the following specified
uses, unless otherwise providing in this Ordinance:
20. Veterinarian clinics, without outdoor kennels.
21. Bus passenger stations.
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22. Stores selling second hand merchandise.
23. Funeral homes.
24. Automobile car wash, when completely enclosed in a building.
25. Auto service stations for the sale of gasoline, oil, and accessories, subject to the
following:
f. The curb for ingress and egress to a service station shall not be permitted at such
location that will tend to create traffic hazards in the streets immediately adjacent
thereto. Entrances shall be no less than twenty-five (25) feet from a street
intersection (measured from the road right-of-way) or from adjacent residential
districts.
g. The minimum lot area shall be ten thousand (10,000) square feet, and so arranged
that ample space is available for motor vehicles which are required to wait.
h. Major automobile repair, engine and body repair, steam cleaning and
undercoating may be allowed when conducted on the site, and said uses shall be
within a completely enclosed building. The storage of wrecked automobiles on
the site shall be obscured from public view. No automobile or vehicle of any kind
shall be stored in the open for a period exceeding one (1) week.
i. All rest rooms doors shall be shielded from adjacent streets and residential
districts.
j. Dispensing pumps shall be set back twenty (20) feet from the right-of-way line.
26. Self service laundry and dry cleaning establishments.
27. Amusement, entertainment, and recreational, including bowling alleys and skating rinks.
28. Storage of non-hazardous and non-toxic materials or goods provided such storage is
within a building or is enclosed as not to be visible to the public from any abutting
residential district or public street.
29. Theaters, when completely enclosed.
30. Banks, with or without drive-in facilities.
31. Restaurants and cocktails lounges.
32. Motels and hotels.
33. Residential uses as part of a building in this business zone shall be allowed upon issuance
of a Certificate of Occupancy from the Department of Inspections, but provided that the
minimum lot area requirements of the RM-3 District are met.
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34. Assembly of small parts provided that there shall be no machining, painting, cutting,
grinding, or welding of parts.
35. Business schools, or private schools operated for profit. Examples of private schools
permitted herein include, but are not limited to, the following: dance schools, music and
voice schools, and art studios: [amended 5/02]
b. Parking is required to be provided on the same site as the building. Shared
parking will be allowed, if it is irrevocable, and if it will not consume any parking
needed for a separate use.
36. Principal Uses as permitted in B-2 Districts.
37. Accessory buildings and accessory uses customarily incidental to the above Principal
Uses Permitted.
38. Uses similar to the above Principal Uses Permitted.
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SECTION 1301: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission. A site plan shall not be
required when there is no change to buildings or existing facilities.
8. Sales space for the sale of new and used automobiles, house trailers, travel trailers, and
recreational vehicles, subject to the following.
c. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from
the intersection of any two (2) streets:
d. No major repair or major refinishing shall be done on the lot, such use of land
being only permitted in the I-1 or I-2 Industrial Districts.
9. Flea markets and auctions.
10. Business in the character of a drive-in restaurant or open front store, subject to the
following:
c. A setback of at least sixty (60) feet from the street right-of-way line of any
existing or proposed major thoroughfare shall be maintained.
d. Ingress and egress points shall be located at least sixty (60) feet from the
intersection of any two (2) streets.
11. Outdoor recreational space for amusement parks, miniature golf courses, and other
outdoor recreation activities subject to the following: [amended 2/02]
b. Amusement parks or amusement facilities must be fenced on all sides with a four
foot six inch (4'-6") high wall or fence.
12. Outdoor theaters subject to the following conditions:
c. Points of ingress and egress for the outdoor theater shall be on major
thoroughfares and shall not be accessible from any residential street.
d. All vehicles waiting or standing to enter the facility shall be provided off-street
waiting space. No vehicle shall be permitted to wait or stand within a dedicated
road right-of way.
13. Private clubs, lodges, social and similar facilities.
14. Churches and other facilities normally incidental thereto subject to the following
conditions:
d. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
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e. The principal buildings on the site shall be set back from abutting properties
zoned for residential use not less than thirty (30) feet.
f. Buildings of greater than the maximum height allowed in Section 2100 may be
allowed provided front, side, and rear yards are increased above the minimum
requirements by one (1) foot for each foot of building that exceeds the maximum
height allowed.
10. Commercial Kennels.
11. Mini Storage (warehouse facilities); (amended 10/98)
k. The parcel shall have direct access to a major thoroughfare.
l. One (1) parking space shall be provided for each twenty (20) rental units
within the buildings, and one (1) parking space shall be provided for each
employee on site.
m. Between warehouses, there shall be a minimum of twenty five (25') feet
for internal access drives. Traffic direction and parking shall be designated
by signaling or painting.
n. The lot area used for parking and access shall be provided with a
permanent, durable, dustless surface and shall be graded and drained so as
to dispose of all surface water.
o. All lighting shall conform to section 2319 of this ordinance.
p. A ten foot landscaped berm shall be required in the front setback of areas
adjacent to any residential zone or use.
q. Retail, wholesale, fabrication, manufacturing, or service activities may not
be conducted from the storage units by the lessees.
r. Storage of goods shall be limited to personal property with no commercial
distribution allowed and no operation which requires the regular delivery
or pick-up of goods in truck in excess of one and one-half (1.5) ton rated
capacity shall be permitted.
s. All storage shall be within the enclosed building area. There shall be no
outside storage or stockpiling.
t. No storage of hazardous, toxic, or explosive materials shall be permitted at
the facility. Signs shall be posted at the facility describing such
limitations.
16. Live music concert halls, under the following conditions: [amended 8/02]
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a. The business will operate in such a manner as to comply with the Noise
Ordinance enacted by the City of Muskegon. No music (either live or piped) will
be permitted outside the building.
b. The business will maintain security staff, both inside and outside the building, at
all times when open to customers. Loitering will not be permitted on or around
the site.
c. The business will not operate between the hours of 3:00 a.m. and 8:00 a.m. No
person of 16 years of age or younger will be permitted within the business after
midnight and must directly exit the premises after that time.
d. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.
e. Security lighting will be provided for the site.
17. Taxi/Limousine Services [amended 5/04]
18. Craft Shops [amended 5/08]
19. Wind Turbine Facilities [amended 10/09].
20. Accessory uses and accessory buildings customarily incidental to the above Special Land
Uses Permitted.
21. Uses similar to the above Special Land Uses Permitted.
SECTION 1302: PLANNED UNIT DEVELOPMENTS
Planned Developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the B-4 General
Business Districts is to allow mixed land uses, which are compatible to each other, while
prohibiting nonresidential uses which would not be compatible or harmonious with residential
dwellings or permitted commercial uses.
SECTION 1303: AREA AND BULK REQUIREMENTS [amended 4/00]
12. Minimum lot size: 10,890 sq. feet.
13. Maximum lot coverage:
Buildings: 70 %
Pavement: 25 %
14. Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
15. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
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16. Height Limit:
Maximum height: 2 stories or 35 feet
Minimum height: 2 stories or 35 feet.
Minimum heights are in the form of an "overlay district" on the following street
corridors:
Western Avenue; from Ninth Street to Pine Street.
Clay Avenue; from Seventh Street to Fourth Street.
Pine Street; from Western Ave. to Apple Avenue.
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
building line abuts the front yard, except as follows: to the deck line of mansard roofs,
and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-4).
17. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet
18. Rear setback: 10 feet
19. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).
20. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
21. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side lot line provided: [amended 10/02]
f. The building has an approved fire rating for zero-lot line development under the
building code.
g. The building has adequate fire access preserved pursuant to fire code
requirements.
h. The zero lot line side is not adjacent to a street.
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i. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
j. It is not adjacent to wetlands, or waterfront.
22. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
line is employed for a structure or fire access. At least fifty percent of all required front
setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
amended 10/02]
STAFF RECOMMENDATION
Staff recommends that vehicle sales should only be allowed west of the Laketon Ave curb cut. A
new site plan should be submitted, indicating that the area will be paved and show the location of
the vehicle sales, car maneuvering isles, customer parking and greenbelt.
DELIBERATION
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
Adequate water and sewer infrastructure exists or will be constructed to service the Special Land
Use or activity.
The proposed site plan complies with section 2330 of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
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MOTION FOR CONSIDERATION
I move that the special land use permit, per Section 401 (#6) of Article IV of the Zoning
Ordinance, to allow vehicle sales in a B-4, General Business District at 721 E Laketon Ave, by
Michael David, be (approved/denied/tabled), based on (compliance/lack of compliance) with the
City’s Master Land Use Plan and conditions set forth in Section 2332 of the City of Muskegon
Zoning Ordinance (based on the following conditions--only if approved):
CONDITIONS
1. Automobile sales must be located west of the curb cut on Laketon Avenue. This area must be
paved and comply with the parking and maneuvering requirements set forth in the zoning
ordinance.
2. All signage requires a permit and must comply with the zoning ordinance.
3. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
4. The Special Land Use permit document shall be recorded with the register of deeds prior to
establishment of the use.
5. The Special Land Use permit shall become null and void within one year of the public hearing
if the use has not been established or there is a violation of condition 1 - 4.
34
Hearing; Case 2010-30: Request for a Special Use Permit, per section 401 #6 of Article IV of
the zoning Ordinance, for a vintage shop at 1115 3rd St, by Jennifer Cross.
BACKGROUND
Applicant: Jennifer Cross
Property Address/Location: 1115 3rd St
Zoning: B-2, Convenience and Comparison Business District
Request: Special Use Permit for a vintage shop
Present Land Use: Vintage Shop
STAFF OBSERVATIONS
1. The applicant is requesting a special use permit for a vintage shop. The parcel is zoned
B-2, Convenience and Comparison Business District, which allows for this type of use
with a special use permit.
2. The proposed business meets the definition of Vintage Shop, as defined by the zoning
ordinance.
3. The business has 1,000 feet of useable floor space, which requires 3 parking spaces (30%
can be on-street in the downtown parking overlay district). The owner does not currently
have any parking spaces or a shared parking agreement
Zoning ordinance excerpt:
35
B-2 Convenience and Comparison Business
ARTICLE XI - B-2 CONVENIENCE AND COMPARISON BUSINESS DISTRICTS
PREAMBLE
The B-2 Convenience and Comparison Business Districts are designed for the convenience and
community shopping needs of residents in the Muskegon Area, and they are intended to be
located in planned groups near the intersection of major thoroughfares. All business
establishments shall be retail or service establishments dealing directly with consumers, and all
goods produced on the premises shall be sold at retail on the premises where produced. All
business, servicing or processing, except off-street parking or loading, shall be conducted within
a completely enclosed building, unless otherwise provided by this Ordinance and specifically
approved by the City.
SECTION 1100: PRINCIPAL USES PERMITTED
In a B-2 Convenience and Comparison Business District no building or land shall be used and no
building shall be erected, structurally altered, or occupied except for one (1) or more of the
following specified uses, unless otherwise provided for in this Ordinance:
1. Any generally recognized retail business which supplies commodities such as: groceries,
meats, dairy products, baked goods or other foods, drugs, drygoods, and notions or
hardware.
2. Personal service establishments such as: shoe repair, dry cleaning shops, tailor shops,
beauty parlors, barber shops, banks and savings and loan offices, pharmacist and
laboratories, or any service establishment of an office-showroom or workshop nature of
an electrician, decorator, dressmaker, tailor, shoemaker, baker, printer, upholsterer,
appliance repair, photographic reproduction, and similar establishments that require a
retail character no more objectionable than the aforementioned.
3. Restaurants, or other places serving food.
4. Professional offices of doctors, lawyers, dentists, chiropractors, architects, engineers,
accountants, and similar or allied professions. Offices may be permitted for similar or
allied professions. Offices may be permitted for applied technology, light technological
research, research and development facilities with laboratories, but no industrially
oriented production facilities shall be permitted.
5. Office buildings for any of the following types of occupations: executive, administrative
and professional.
6. Post offices and other governmental office buildings.
7. Newspaper offices and printing offices.
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8. Private clubs, lodge halls, social, and similar organizations, including assembly or rental
halls.
9. Contractor’s offices, with associated indoor storage. [amended 6/02]
a. All associated storage must be contained within a structure, and such structure
dedicated to storage shall not exceed five thousand (5,000) square feet in size.
b. No toxic, hazardous or noxious materials shall be stored on the site.
10. Recording studios. [amended 8/02]
11. Residential uses as part of a building in this business zone shall be allowed upon issuance
of a Certificate of Occupancy from the Department of Inspections, but provided that the
minimum lot area requirements of the RM-2 District are met.
12. Accessory buildings and accessory uses customarily incidental to the above Principal
Uses Permitted.
13. Uses similar to the above Principal Uses Permitted.
SECTION 1101: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission. A site plan shall not be
required when no external changes are made to the buildings or properties.
1. Automobile service stations for the sale of gasoline, oil, tires, muffler tune up, not
including major repair such as engine rebuilding, undercoating, and similar industrially
oriented activities, and subject further to the following:
a. The curb cuts for ingress and egress to a service station shall not be permitted at
such locations that will tend to create traffic hazards in the streets immediately
adjacent thereto. Entrances shall be no less than twenty-five (25) feet from a
street intersection (measured from the roadway) or from adjacent residential
property, and subject to other ordinances of the City.
b. The minimum lot area shall be ten thousand (10,000) square feet, and so arranged
that ample space is available for motor vehicles which are required to wait.
c. There shall be provided, on those sides abutting or adjacent to a residential
district, a four foot (4') completely obscuring wall or fence. The height of the
wall or fence shall be measured from the surface of the ground.
d. All lighting shall be shielded from adjacent residential districts and from abutting
streets.
e. All rest rooms doors shall be shielded from adjoining residential property.
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2. Banks with drive-in facilities, when said drive-in facilities are incidental to the principal
function.
3. Business in the character of a drive-in restaurant, or open front store, subject to the
following:
a. A setback of at least sixty (60) feet shall be provided from the street right-of-way
line of any existing or proposed major thoroughfare.
b. Ingress and egress points shall be located at least sixty (60) feet from the
intersection of any two (2) streets
4. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties
zoned for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may be
allowed provided front, side, and rear yards are increased above the minimum
requirements by one (1) foot for each foot of buildings that exceeds the maximum
height allowed.
5. Hotels, motels, sleeping inns and other facilities normally incidental thereto subject to the
following conditions:
a. The maximum length of stay at the facility shall not be greater than fourteen (14)
consecutive days.
b. Kitchen facilities may be allowed for some or all of the guest units, at the
discretion of the Planning Commission, provided that not more than fifty percent
(50%) of the units have such facilities.
c. The minimum floor area of each guest unit shall contain not less than two-
hundred (200) square feet. Each guest unit shall contain a private rest room.
d. The minimum lot area shall be one-half (1/2) acre with a minimum width of
seventy-five (75) feet. For any new development containing less than one (1) acre
there shall be at least sixteen hundred (1600) square feet of lot for each guest
rental unit. In no case is a development to exceed 24 total units.
e. Parking shall be provided on-site.
f. The Planning Commission may require a common open space area of one
hundred (100) square feet per unit with tables and seating. This area may be
located in the required setback.
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6. Stores selling second hand merchandise, subject to the following: [amended 12/01]
a. The site shall be located within or adjacent to an established, identifiable
commercial corridor.
b. The store will be associated with a bona fied charitable organization, such as but
not limited to 501(c)3 organizations.
7. Business schools, or private schools operated for profit. Examples of private schools
permitted herein include, but are not limited to, the following: dance schools, music and
voice schools, and art studios: [amended 5/02]
c. Parking is required to be provided on the same site as the building. Shared
parking will be allowed, if it is irrevocable, and if it will not consume any parking
needed for a separate use.
8. Contractor’s offices, with associated indoor storage of over five thousand (5,000) square
feet in size. [amended 6/02]
a. All associated storage must be contained within a structure.
b. No toxic, hazardous or noxious materials shall be stored on the site.
9. Live music concert halls, under the following conditions: [amended 8/02]
a. The business will operate in such a manner as to comply with the Noise
Ordinance enacted by the City of Muskegon. No music (either live or piped) will
be permitted outside the building.
b. The business will not be permitted to serve alcohol at any time to any person.
c. The business will maintain security staff, both inside and outside the building, at
all times when open to customers. Loitering will not be permitted on or around
the site.
d. The business will not operate between the hours of 3:00 a.m. and 8:00 a.m. No
person of 16 years of age or younger will be permitted within the business after
midnight and must directly exit the premises after that time.
e. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.
f. Security lighting will be provided for the site.
10. Self-serve, coin operated, automobile car wash, enclosed in a building.
11. Indoor Theaters [amended 5/04]
a. Parking must be either on site or with an irrevocable shared parking agreement.
39
12. Veterinary clinics, without outdoor kennels. [amended 6/05]
13. Antique Shops. [amended 10/05]
14. Vintage Shops. [amended 2/10]
15. Wind Turbine Facilities. [amended 10/09]
16. Accessory buildings and accessory uses customarily incidental to any of the above
Special Land Uses Permitted.
17. Uses similar to the above Special Land Uses Permitted.
SECTION 1102: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the B-2 Convenience
and Comparison Business Districts is to allow mixed land uses which are compatible to each
other, while prohibiting nonresidential uses which would not be compatible or harmonious with
residential dwellings.
SECTION 1103: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 10,890 sq. feet.
2. Maximum lot coverage:
Buildings: 70 %
Pavement: 25 %
3. Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
5. Height Limit:
Maximum height: 2 stories or 35 feet
Minimum height: 2 stories or 35 feet.
Minimum heights are in the form of an "overlay district" on the following street
corridors:
Western Avenue; from Ninth Street to Pine Street.
Clay Avenue; from Seventh Street to Fourth Street.
Pine Street; from Western Avenue to Apple Avenue.
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
building line abuts the front yard, except as follows: to the deck line of mansard roofs,
40
and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-4).
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).
9. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development under the
building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
line is employed for a structure or fire access. At least fifty percent of all required front
setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
amended 10/02]
MOTION FOR CONSIDERATION
41
I move that the special land use permit, per Section 401 (#6) of Article IV of the Zoning
Ordinance, to allow a vintage shop in a B-2, Convenience and Comparison Business District at
1115 3rd St, by Jennifer Cross, be (approved/denied/tabled), based on (compliance/lack of
compliance) with the City’s Master Land Use Plan and conditions set forth in Section 2332 of
the City of Muskegon Zoning Ordinance (based on the following conditions--only if approved):
CONDITIONS
1. A shared parking agreement for 2 parking spaces shall be submitted to the Zoning
Administrator.
2. All signage requires a permit and must comply with the zoning ordinance.
3. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
4. The Special Land Use permit document shall be recorded with the register of deeds prior to
establishment of the use.
5. The Special Land Use permit shall become null and void within one year of the public hearing
if the use has not been established or there is a violation of condition 1 - 4.
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