Planning Commission Packet 05-10-2007

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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING

DATE OF MEETING: Thursday, May 10, 2007
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall

AGENDA

I. Roll Call

II. Approval of minutes of the meeting of April 12, 2007.

IV. PUBLIC HEARINGS

A. Hearing; Case 2007-11: Staff initiated request to rezone multiple properties in
the portion of the city presently zoned H, Heritage District, roughly bounded by
Western Avenue, Ninth Street, Muskegon Avenue, and Second Street.
B. Hearing; Case 2007-12: Staff initiated request to amend Article XX of the
zoning ordinance to remove H, Heritage District zoning from the ordinance.
C. Hearing; Case 2007-13: Staff initiated request to amend Section 1202, (Special
Land Uses Permitted), Article XII, (B-3 Central Business District), of the zoning
ordinance to allow additional special uses.
D. Hearing; Case 2007-14: Staff initiated request to amend Section 401, (Special
Land Uses Permitted), Article IV,( R-1, One Family Residential District) of the
zoning ordinance to add bed and breakfast facilities as a special land use (in the
Clay-Western and National Register historic districts) in an R-1 district, with
conditions.
E. Hearing; Case 2007-15: Staff initiated request to amend Section 1200,
(Principal Uses Permitted #1), of Article XII, (B-3. Central Business District), of
the zoning ordinance to clarify allowed retail sales.
F. Hearing; Case 2007-16: Staff initiated request to amend Section 2334, (Signs,
#8) of Article XXIII, General Provisions, to remove H, Heritage, zoning from
“Permitted Signs” in the sign ordinance.
G. Hearing: Case 2007-17: Staff initiated request to amend Section 2331
(Landscaping, Fencing, Walls, Screens, and lighting, #20, d) of Section XXIII,
clarifying the location of the “horizontal plane”.
H. Hearing; Case 2007-18: Staff initiated request to amend Section 2326, (Off
Street Parking #12), of Article XXIII, (General Provisions), to reduce the
residential parking requirement in the Downtown Parking Overlay District.

V. OLD BUSINESS
VI. NEW BUSINESS

A. Case 2007- 19: Request for site plan review for a cancer treatment center at 1440
E. Sherman Boulevard, by Dwayne Masselink, Interactive Studio Architects.

VII. OTHER

A. Downtown parking discussion

VIII. 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

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Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING

May 10, 2007

Hearing; Case 2007-11: Staff initiated request to rezone multiple properties in the portion of
the city presently zoned H, Heritage District, roughly bounded by Western Avenue, Ninth Street,
Muskegon Avenue, and Second Street.

BACKGROUND

This case is a result of a recommendation from the Historic District Commission (HDC) back in
2006. A brief discussion was also held at a Planning Commission last year regarding HDC’s
reasons for the request.

The H, Heritage District zoning district encompasses portions of both residential and commercial
properties near Muskegon’s downtown. It also includes two of Muskegon’s Historic Districts,
the Clay-Western District, and the National Register District. Rezoning of these properties will
have no effect on their historic district status. In fact, the Heritage zoning does nothing to protect
the historic character of any of the buildings in the district. It is, however, rather restrictive in
what is allowed through principal uses, as well as special uses. Last year the Planning
Commission recommended and City Commission passed some additional principal uses on
Western Avenue to allow for the increased commercial development that is taking place in that
area. Additional concerns were voiced from members of the HDC regarding the “chopping up”
of older homes in that area for use as two-family units, which is a principal use in the present
Heritage zoning.

Staff spent several months studying the area to determine how to best zone those properties in
the district. Some were obvious, while others were more difficult deal with. Both the B-3 and
R-1 zoning would be an extension of existing zones adjacent to the present Heritage zoning.
Hopefully, the proposed rezoning makes the most sense and will accomplish what is intended for
the area.

According to the Downtown/Lakeshore Redevelopment Plan, Western Avenue is designated as a
“Guest and Entertainment Center”. Uses in this area are suggested to be used to provide
“entertainment, service and retail uses”. This is becoming a reality with each new development
that has been taking place in the past few y ears. The remainder of the H district is referenced as
“nearby historic residential districts”.

In addition to merely rezoning the area, other issues came to light. Those will be addressed in
several cases that follow, but include adding a few special uses in both B-3 and R-1 that make
sense for those areas, and will keep as many properties as “legal, conforming” uses as possible.

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ORDINANCE EXCERPTS

H Heritage

ARTICLE XX - H HERITAGE DISTRICTS

PREAMBLE

The "H" Heritage District is intended to permit land uses which promote a historic atmosphere,
cultural and educational values, stabilize and improve property values, foster community beauty
and pride by permitting the following land uses.

SECTION 2000: PRINCIPAL USES PERMITTED

In an H Heritage 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. One (1) and two (2) family dwellings.

2. 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 door of building that exceeds the maximum
height required.

3. 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]

4. 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
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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:

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.

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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

(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.

5. In addition, for those lots abutting Western Avenue between Fourth and Ninth Streets
only, the following uses are permitted:

a. 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.

b. 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
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similar establishments that require a retail character no more objectionable than
the aforementioned.

c. Restaurants, or other places serving food.

d. 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.

e. Office buildings for any of the following types of occupations: executive,
administrative and professional.

6. Accessory buildings and accessory uses customarily incidental to the above Principal
Uses Permitted.

7. Uses similar to the above Principal Uses Permitted.

SECTION 2001: 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 review of the Historic District Commission, and after Public
Hearing, subject to the applicable conditions and any other reasonable conditions imposed by the
Planning Commission:

1. Retail business or service establishments as Principal Uses Permitted in the B-1 District,
subject to the regulations of this District.

2. Restaurants, lounges and clubs, except drive-in restaurants.

3. Craft shops.

4. Offices and clinics of physicians, dentists, architects, engineers, attorneys, accountants,
and similar professions.

5. Outdoor displays.

6. Hotels and motels.

7. Private clubs, lodge halls, social, and similar organizations, including assembly or rental
halls. [amended 4/06]

8. Indoor Theaters [amended 4/06]

a. Parking must be either on site or with an irrevocable shared parking agreement.

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9. Antique Shops. [amended 4/06]

10. Multiple family residential uses of various types and densities provided, however, that
any existing structure originally constructed for one or two family use shall not be further
divided into additional dwelling units unless it can be demonstrated to the satisfaction of
the Historic District Commission and the Planning Commission that the essential form
and integrity of the structure and its site and surroundings can be maintained. Any new
multiple family construction shall be compatible and/or complementary to the character
of the surrounding area as determined by the Historic District Commission and the
Planning Commission. Multiple family uses as described under this subsection may be
allowed as part of a building containing other allowable Principal or Special Uses in this
district.

11. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.

12. Uses similar to the above Special Land Uses Permitted.

SECTION 2002: 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 H Heritage 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 2003: AREA AND BULK REQUIREMENTS [amended 4/00]

1. Minimum lot size: 4,000 sq. feet.

2. Maximum lot coverage:
Buildings: 100%
Pavement: 25%

3. Lot width: 30 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: 6 stories or 90 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.
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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,
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

Note: For minimum front setbacks new principal structures on minor streets may align
with existing principal structures in the immediate area even if the setback is below the
minimum required.

7. Rear setback: 10 feet

8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).

9. Side setbacks: no requirement

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
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
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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]

B-3 Central Business

ARTICLE XII - B-3 CENTRAL BUSINESS DISTRICT

PREAMBLE

The City of Muskegon B-3 Central Business District is designed and intended to provide for and
regulate land and building uses so as to continue to create a shopping, living, cultural,
governmental, office, heritage, and institutional focal point for the City of Muskegon and the
Muskegon Area. The District is designed to provide flexibility to encourage a diversity of uses,
yet provide regulatory standards to create and maintain a safe and aesthetic environment.

SECTION 1200: PRINCIPAL USES PERMITTED

In the B-3 Central 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 in this Ordinance.

1. Retail sales of new merchandise provided that all sales are made from a completely
enclosed building except that this section shall not prohibit the sales of antique collector
items, this section shall prohibit the operation of a store whose primary sales are
previously used products, except as further regulated.

2. Professional and personal services of any type where any repair work done on the
premises is incidental to the service rendered.

3. Banks, including those with drive-in windows, and other financial institutions.

4. Restaurants and cocktail lounges.

5. 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.

6. Offices of business, government, and the professions.

7. Hotels and motels.

8. Indoor theaters.

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9. Residential uses as part of a building in this business zone shall be allowed upon issuance
of Certificate of Occupancy from the Department of Inspections, but provided that the
minimum lot requirements of the RM-3 District are met.

10. Accessory buildings and accessory uses customarily incidental to the above Principal
Uses Permitted.
11. Uses similar to the above Uses Permitted.

SECTION 1201: 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.

1. Automobile service stations for the sale of gasoline, oil, and minor repair, 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
or residential uses 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.

2. Amusements and recreational facilities, including bowling alleys and skating rinks.

3. Commercial parking lots and parking structures.

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.

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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 of building that exceeds the maximum height
allowed.
5. Specialized adult educational programs, under the following conditions: [amended 1/02]

a. The program must be associated with a school district.

b. No residency will be permitted in the facility.

c. The hours of operation will be limited to the regular school hours of the
associated school district.

d. The facility must be located either on a major street or within two (2) blocks of
regular bus service.

e. No more than 75 students can be associated with the program.

6. 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.

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.

7. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.

8. Uses similar to the above Special Land Uses Permitted.

SECTION 1202: 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-3 Central
Business District is to allow mixed land uses, which are compatible to each other, while

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prohibiting nonresidential uses which would not be compatible or harmonious with residential
dwellings or other commercial uses.
1. Uses permitted in Section 1200 and 1201 together with combinations of multiple family
residential development, provided such uses are located on parcels of at least ten (10)
acres in area, and abut a major thoroughfare.

2. Accessory buildings and accessory uses customarily incidental to the above combination.

SECTION 1203: AREA AND BULK REQUIREMENTS [amended 4/00]

1. Minimum lot size: 4,000 sq. feet.

2. Maximum lot coverage:
Buildings: 100 %
Pavement: 25%

3. Lot width: 30 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: 6 stories or 90 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.

6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet

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Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 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 setback is below the
minimum required.

7. Rear setback: 10 feet

8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).

9. Side setbacks: no requirement

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
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]

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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:

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.

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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

(3) A commercial food service requiring a license

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(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.

18
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
19
on the premises for persons residing in adjacent residential areas such as:
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
20
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.

7. Accessory buildings and accessory uses customarily incidental to any of the above
Special Land Uses Permitted.

8. 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
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.
21
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.

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.
22
6. Height limit: 2 stories or 35 feet.

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:
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.

23
STAFF RECOMMENDATION
Staff recommends approval of the request to rezone the subject properties from H, Heritage, to
R-1, One Family Residential and B-3, Central Business districts, because the request conforms to
the goals and recommendation of the City’s 1997 Master Plan.

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?

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.

24
DETERMINATION

The following motion is offered for consideration:

I move that the request to rezone multiple properties located in the portion of the city presently
zoned, H, Heritage district, roughly bounded by Western Avenue, Ninth, Street, Muskegon
Avenue, and Second Street to R-1, One Family Residential and B-3, Central Business districts 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’s Downtown/Lakeshore Redevelopment Plan and
zoning district intent.

25
Hearing; Case 2007-12: Staff initiated request to amend Article XX of the zoning ordinance to
remove H, Heritage District zoning from the ordinance.

BACKGROUND

Providing that the previous request to rezone all properties in the H, Heritage district to either R-
1, One Family Residential or B-3, Central Business is recommended to City Commission for
approval, and subsequently approved by Commission, it will be necessary to removed this
section of the zoning ordinance.

NEW LANGUAGE

Deletions are crossed out and additions are in bold.

ARTICLE XX - H HERITAGE DISTRICTS – [RESERVED}

PREAMBLE

SECTION 2000: PRINCIPAL USES PERMITTED

8. One (1) and two (2) family dwellings.

9. 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.

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 door of building that exceeds the maximum
height required.

10. 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]

26
11. Home occupations of a non-industrial nature may be permitted. Permissible home
occupations include, but are not limited to the following: [amended 11/02]

i. Art and craft studios, lessons may be given to one client at a time

j. Hair and nail salons, limited to one client at a time

k. Dressmaking and tailoring

l. Tutoring, limited to one student at a time

m. Typing or clerical services

n. Teaching of music or dancing or similar instruction, limited to one client at a time

o. 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.

p. All home occupations are subject to the following:

xvi) 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.

xvii) The business shall have a local business license and any other appropriate
licensing or registrations required by local, state or federal law.

xviii) 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.

xix) Explosives, flammable liquids or combustible liquids shall only be used in
compliance with the applicable fire and building codes.

xx) Activities involving kilns or welding equipment shall comply with the
applicable fire and building codes.

xxi) The outside appearance of the premises shall have no visible evidence of
the conduct of a home occupation.

xxii) Home occupations may not serve as headquarters or dispatch centers
where employees come to the site and are dispatched to other locations.

27
xxiii) 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.

xxiv) 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]

xxv) No goods shall be kept, or sold which are made or assembled off-site,
except as incidental to services rendered.
xxvi) 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.

xxvii) There shall be no outside storage or processing.

xxviii) 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.

xxix) 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

(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

xxx) No activity legally excluded by any deed restriction or other tenant or
owner restrictions shall be permitted.

12. In addition, for those lots abutting Western Avenue between Fourth and Ninth Streets
only, the following uses are permitted:
28
a. 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.

b. 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.

c. Restaurants, or other places serving food.

e. Office buildings for any of the following types of occupations: executive,
administrative and professional.

13. Accessory buildings and accessory uses customarily incidental to the above Principal
Uses Permitted.

14. Uses similar to the above Principal Uses Permitted.

SECTION 2001: SPECIAL LAND USES PERMITTED

9. Retail business or service establishments as Principal Uses Permitted in the B-1 District,
subject to the regulations of this District.

10. Restaurants, lounges and clubs, except drive-in restaurants.

11. Craft shops.

12. Offices and clinics of physicians, dentists, architects, engineers, attorneys, accountants,
and similar professions.

13. Outdoor displays.
29
14. Hotels and motels.

15. Private clubs, lodge halls, social, and similar organizations, including assembly or rental
halls. [amended 4/06]

2. Indoor Theaters [amended 4/06]

a. Parking must be either on site or with an irrevocable shared parking agreement.

3. Antique Shops. [amended 4/06]

4. Multiple family residential uses of various types and densities provided, however, that
any existing structure originally constructed for one or two family use shall not be further
divided into additional dwelling units unless it can be demonstrated to the satisfaction of
the Historic District Commission and the Planning Commission that the essential form
and integrity of the structure and its site and surroundings can be maintained. Any new
multiple family construction shall be compatible and/or complementary to the character
of the surrounding area as determined by the Historic District Commission and the
Planning Commission. Multiple family uses as described under this subsection may be
allowed as part of a building containing other allowable Principal or Special Uses in this
district.

5. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.

6. Uses similar to the above Special Land Uses Permitted.

SECTION 2002: PLANNED UNIT DEVELOPMENTS

SECTION 2003: AREA AND BULK REQUIREMENTS [amended 4/00]

12. Minimum lot size: 4,000 sq. feet.

13. Maximum lot coverage:
Buildings: 100%
Pavement: 25%

14. Lot width: 30 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.
30
16. Height limit:
Maximum height: 6 stories or 90 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.

17. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 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 setback is below the
minimum required.

18. Rear setback: 10 feet

19. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).

20. Side setbacks: no requirement

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
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.

31
h. The zero lot line side is not adjacent to a street.

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]

DELIBERATION

I move that the amendment to remove Article XX, H, Heritage District, of the City of Muskegon
Zoning Ordinance, be recommended to the City Commission for (approval/denial).

32
Hearing; Case 2007-13: Staff initiated request to amend Section 1202, (Special Land Uses
Permitted), Article XII, (B-3 Central Business District), of the zoning ordinance to allow
additional special uses.

BACKGROUND

If the properties in the H, Heritage District are rezoned, as recommended in the previous case,
some uses previously allowed in the H district would no longer be allowed in the downtown
area, even under a special land use permit. In addition, Galleries and museums are presently
only allowed in OSR, Open Space Recreation, and therefore, the Muskegon Museum would
continue to be nonconforming. Staff believes our downtown is an appropriate place for galleries
and museums, and so proposes adding them as special uses.

Also included in this request are private clubs, lodge halls, social and similar organizations,
including assembly or rental halls, as well as antique shops. By allowing these uses through
special land use permit, certain properties, such as the Eagles, remain conforming, but requires a
special permit for any additional such uses in the future.

NEW LANGUAGE

8. Private clubs, lodge halls, social and similar organizations, including assembly or
rental halls.

9. Galleries and museums.

10. Antique shops.

DELIBERATION

I move that the amendment to Section 1201, (Special Land Uses Permitted), of Article XII, B-3,
Central business District, of the City of Muskegon Zoning Ordinance to allow additional special
land uses in the district, be recommended to the City Commission for (approval/denial).

33
Hearing; Case 2007-14: Staff initiated request to amend Section 401, (Special Land Uses
Permitted), Article IV,( R-1, One Family Residential District) of the zoning ordinance to add bed
and breakfast facilities as a special land use (in the Clay-Western and National Register historic
districts) in an R-1 district, with conditions.

BACKGROUND

Similar to the previous case, the H, Heritage District, allows for bed and breakfast facilities with
a special land use permit. There are some already existing in this area, and it seems to be a good
use to be located near our downtown. Short of allowing them in all R-1 zoning districts, which
could trigger a barrage of requests to Planning Commission, staff would recommend that they be
allowed only in the Clay-Western and National Register historic districts. The same conditions
presently imposed in the H district are recommended, except condition “a.” was added..

NEW LANGUAGE

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.

34
DELIBERATION

I move that the amendment to Section 401, (Special Land Uses Permitted), of Article IV, R-1,
One Family Residential District, of the City of Muskegon Zoning Ordinance to allow bed and
breakfast facilities under certain conditions, be recommended to the City Commission for
(approval/denial).

35
Hearing; Case 2007-15: Staff initiated request to amend Section 1200, (Principal Uses
Permitted #1), of Article XII, (B-3. Central Business District), of the zoning ordinance to clarify
allowed retail sales.

BACKGROUND

A question was raised to staff as to whether the sale of “merchandise” included “commodities”.
Since other sections of the ordinance (B-1, ad B-2), call out “commodities”, staff felt it might be
prudent to clarify the B-3 language so the intent of this section of the ordinance is clear, and
make the language more consistent with other Business zonings. The intent of the B-3 district is
“to create a shopping, living, cultural, governmental, office, heritage and institutional focal point
for the City of Muskegon and Muskegon area”.

NEW LANGUAGE

Deletions are crossed out and additions are in bold:

12. Retail sales of new merchandise and commodities, provided that all sales are made from
a completely enclosed building except that this section shall not prohibit the sales of
antique collector items, this section shall prohibit the operation of a store whose primary
sales are previously used products, except as further regulated.

DELIBERATION

I move that the amendment to Section 1200 (Permitted Uses, #1), of Article XII, B-3, Central
Business District, of the City of Muskegon Zoning Ordinance, be recommended to the City
Commission for (approval/denial).

36
Hearing; Case 2007-16: Staff initiated request to amend Section 2334, (Signs, #8) of Article
XXIII, General Provisions, to remove H, Heritage, zoning from “Permitted Signs” in the sign
ordinance.

BACKGROUND

If Case 2007-11 if recommended for approval by the Planning Commission, and approved by the
City Commission, there will not be an H district left in the City. Therefore, reference to it in the
sign ordinance needs to be removed.

NEW LANGUAGE

Deletions are crossed out and additions are in bold:

8. Permitted signs in the B-1, Waterfront Marine Zone, Open Space Conservation, Open
Space Recreation, and Lakefront Recreation and Heritage Districts.

DELIBERATION

I move that the amendment to Section 2334 (Signs, #8), of Article XXIII, General Provisions, of
the City of Muskegon Zoning Ordinance to remove the reference to Heritage zoning, be
recommended to the City Commission for (approval/denial).

37
Hearing: Case 2007-17: Staff initiated request to amend Section 2331 (Landscaping, Fencing,
Walls, Screens, and lighting, #20, d) of Section XXIII, clarifying the location of the “horizontal
plane”.

BACKGROUND

The Zoning Ordinance requirements for outdoor lighting were amended in 1998. At that time
the present requirement for 100% cut-off lighting was put into place. The reasons behind this
requirement were two fold. It is best to keep the light concentrated in the areas where it is
needed for safety reasons, and also to protect the environment in several ways. Keeping outdoor
lighting directed downward helps eliminate sky glow, light trespass, glare, clutter and confusion,
energy waste and financial waste.

Recently, a variance was obtained to this section of the ordinance to allow lights shining up into
the sky to wash the wall of an office building on our lakeshore. One of the arguments made by
the applicant was that our zoning ordinance didn’t designate where the “horizontal plane” was,
and the applicant interpreted it to be the top of the building. In order to further tighten this
language so it meets the intent under which it was written into the ordinance, staff recommends
the following addition:

NEW LANGUAGE

Deletions are crossed out and additions are in bold:

d. Lighting fixtures shall be a down-type having one hundred percent (100%) cut off. The
light rays may not be emitted by the installed fixture at angles above the horizontal plane
passing through the lowest point on the light fixture from which the light is omitted,
as certified by the manufacturer's photometric test.

DELIBERATION

I move that the amendment to Section 2331(Landscaping, Fencing, Walls, Screens, and Lighting,
#20, d), of Article XXIII, General Provisions, of the City of Muskegon Zoning Ordinance, be
recommended to the City Commission for (approval/denial).

38
Hearing; Case 2007-18: Staff initiated request to amend Section 2326, (Off Street Parking
#12), of Article XXIII, (General Provisions), to reduce the residential parking requirement in the
Downtown Parking Overlay District.

BACKGROUND

Staff has been discussing parking requirements and studying residential parking requirements for
other municipalities. Although most municipalities require 2 spaces for each dwelling unit, some
ordinances, such as Grand Rapids, require only 1 space per dwelling unit. The new “Smart
Code” design concept proposes 1.5 spaces for each unit. The thinking behind that requirement is
that some units are occupied by single people, and other occupants may not own a car when
living in an urban area.

Our “Downtown Parking Overlay District” makes no allowance for on-street parking for
residential uses, as it does for commercial uses. Some residential properties downtown already
use some on-street parking for their residents (Amazon Building). Staff believes this minor
change to the ordinance may help ease parking problems in the downtown area. Other areas of
the City would not be effected, since the 2-space per dwelling unit would remain in effect.

NEW LANGUAGE

Deletions are crossed out and additions are in bold:

c. In the downtown parking overlay district only, the required number of residential
parking spaces shall be 1.5 spaces per dwelling unit.

DELIBERATION

I move that the amendment to Section 2326, (Off-Street Parking and Loading, #12, d), of Article
XXIII, General Provisions, of the City of Muskegon Zoning Ordinance, be recommended to the
City Commission for (approval/denial).

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Case 2007- 19: Request for site plan review for a cancer treatment center at 1440 E. Sherman
Boulevard, by Dwayne Masselink, Interactive Studio Architects.

Applicant: Dwayne Masselink, Interactive Studio Architects

Property Address/Location: 1440 E. Sherman Boulevard

Request: Site Plan Approval for Muskegon Cancer Treatment Center

Present Land Use: Medical Office

Zoning: MC, Medical Care District

STAFF OBSERVATIONS
1. The site is presently the home of the Westshore Regional Spine Center. They will soon
be moving to a new complex on Mercy Drive.
2. The applicant requests approval for a 17,535 square foot addition to the present 13,280
square foot building.
3. The property is zoned MC, Medical Care District, as is the property to the west, north and
east. The property to the south, across Sherman Boulevard, is located in the city of
Norton Shores.
4. With the addition of over 17,000 square feet to the building, additional parking has also
been proposed for the site, and shown to the south, in front of the building. The amount
of parking on the site falls somewhat short of the parking requirement. However, there is
a parking agreement in place between Mercy Hospital and the Muskegon Cancer Center,
for 10 spaces, which will fulfill the requirement.
5. There are several mature oak trees slated to be removed in the front of the building to
expand the parking area. Staff has requested that additional trees be added to the
landscaping plan to replace those being removed.
6. The Planning Department requires the following condition of approval:
a. A revised landscaping plan needs to be submitted and approved. by the
Planning Department. The landscaping plan, although improved from the first
submission, needs the “Plant List” revised with all types listed, and the correct
number properly indicated.
7. The Engineering Department has no issues with the site plan.
8. The Fire Department has the following condition:
a. The building must be fully fire suppressed.
b. Fire suppression Fire Department connection shall be in plain view and accessible
at all times.
9. The DPW has no issues with this site plan, but does have the following comment:
a. Ninety degree bends on 6 inch fire line should be avoided. Provide riser detail
with fire protection plans.
10. Staff has received no comments regarding this request.

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Front view of 1440 E. Sherman Blvd. Trees to be removed for parking area.

New entrance will be located in this area. New addition to occupy this area.

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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,
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
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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
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
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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.

RECOMMENDATION

Staff recommends approval of the request for site plan approval for an addition to the medical
building at 1440 Mercy Drive, subject to the conditions listed below.

DETERMINATION

The following motions are offered for consideration:

I move that the site plan for an addition to the medical building, located at 1440 Mercy Drive for
Dwayne Masselink, Interactive Studio Architects, be (approved/denied/tabled), based on the
following findings and conditions (if approved):

1. All requirements addressed in item #5 of the staff report shall be provided as needed on a
revised site plan prior to issuance of a building permit.
2. All conditions of the Fire Department listed in item #7 of the staff report are met.

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