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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, August 16, 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 July 12, 2007.
III. PUBLIC HEARINGS
A. Hearing; Case 2007-31: Request to vacate the west 100 feet of the dead end
alley in Block 690 of the City of Muskegon Revised Plat of 1903, bounded by
Crozier Avenue, Fountain Street, and Harding Avenue, by Joseph Sidock, 2596
Crozier Avenue.
B. Hearing Case 2007-32: Request for a Special Land Use Permit, per Section
1201 (#9) of Article XII, B-3, Central Business District, of the Zoning Ordinance,
for a museum at 504 W. Clay Avenue, by John McGarry, Muskegon County
Museum.
C. Hearing; Case 2007-33: Request to amend the Final PUD for 100 Muskegon
Mall, for the property located at 379 W. Western Avenue for construction of a
mixed use retail/commercial building, by William Sidock, Sidock Properties LLC.
D. Hearing: Case 2007-34: Staff-initiated request to vacate a portion of W.
Walton Avenue from Jefferson to Terrace Streets.
IV. OLD BUSINESS
A. Hearing; Case 2007-28: Request to rezone the property at 1221 W. Laketon
Avenue from R-1, One Family Residential, to RM-2, Medium Density Multiple
Family Residential, by Susan Johnson, Every Woman’s Place – Tabled from the
July 2007 meeting.
V. OTHER
A. Update on Master Plan Process
VI. 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
August 16, 2007
Hearing; Case 2007-31: Request to vacate the west 100 feet of the dead end alley in Block 690
of the City of Muskegon Revised Plat of 1903, bounded by Crozier Avenue, Fountain Street, and
Harding Avenue, by Joseph Sidock, 2596 Crozier Avenue.
BACKGROUND
The applicant is the official owner of both 2596 and 2580 Crozier Avenue. These two properties
are located at the end of the alley on the south side. The alley ends at the Muskegon Country
Club property to the west. None of the homes bordering on this section of the alley need alley
access, as they all have driveways off of either Crozier or Harding. Since the east half of the
alley is used by adjacent property owners, the request is to vacate only the west 100 feet.
Easterly portion of alley currently used. Westerly portion of alley requested to vacate.
2
STAFF RECOMMENDATION
Staff recommends approval of the request.
DELIBERATION
I move that the vacation of the west 100 feet of the alley located in Block 690, bounded by
Crozier Avenue, Fountain Street, and Harding Avenue, be recommended to City Commission for
(approval/denial), based on (compliance/lack of compliance), with the City’s 1997 Master Land
Use Plan, with the following conditions:
1. All utility easements will be retained.
3
Hearing Case 2007-32: Request for a Special Land Use Permit, per Section 1201 (#9) of
Article XII, B-3, Central Business District, of the Zoning Ordinance, for a museum at 504 W.
Clay Avenue, by John McGarry, Muskegon County Museum.
Applicant: John McGarry, Muskegon County Museum
Property Address/Location: 504 W. Clay Avenue
Request: Special Land Use Permit
Present Land Use: Museum – Depression House
Zoning: B-3, Central Business District
STAFF OBSERVATIONS
1. The property is the present location of the Depression House, which is part of the
Muskegon County Museum complex, which includes not only the museum, old Fire
Station, but the Hackley and Hume Houses.
2. The property was formerly zoned H, Heritage District, which was recently eliminated
from the Zoning Ordinance, and was rezoned to B-3, Central Business.
3. A museum was listed as a “Special Land Use” under the Heritage Zoning, and was also
included as a “Special Land Use” in B-3 when the Heritage District was eliminated.
4. The applicant wishes to construct a garage facing the alley. The property needs to be
brought into compliance through the special land use process before this project can be
approved.
5. Properties to the Northeast and Southeast are zoned R-1, One Family Residential, and
properties to the Southwest and Northwest are zoned B-3.
6. The site plan submitted with the application shows the intended garage. It will meet all
setback requirements, as indicated.
7. Staff had an e-mail from Michael A. Johnson, of Waterstone Insurance Agency located
on Western Avenue. He has no objection to the request.
4
Rear view of the property from the alley. Front view of the property from Clay Ave.
5
ORDINANCE EXCERPTS
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.
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]
6
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.
8. Private clubs, lodge halls, social and similar organizations, including assembly or rental
halls.
9. Galleries and museums.
10. Antique shops.
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 1202: PLANNED UNIT DEVELOPMENTS
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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
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.
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
8
RECOMMENDATION
Staff recommends approval of the request with certain conditions listed below.
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
1. Give due regard to the nature of all adjacent uses and structures and the consistency with
the adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the
Special Land Use or activity.
4. 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.
MOTION FOR CONSIDERATION
I move that the request for Special Land Use Permit, per section 1201 (#9) of Article XII of the
Zoning Ordinance, to allow for a museum in a B-3 zoning district at 504 W. Clay, by John
McGarry, Muskegon County Museum , 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):
1. All necessary permits be obtained for the construction of the garage.
2. The owner/applicant shall permit the zoning administrator or other zoning staff in the
premises at reasonable times to review compliance with this permit.
3. The Special Land Use Permit affidavit shall be recorded with the register of deeds prior to
beginning construction.
9
Hearing; Case 2007-33: Request to amend the Final PUD for 100 Muskegon Mall, for the
property located at 379 W. Western Avenue for construction of a mixed use retail/commercial
building, by William Sidock, Sidock Properties LLC.
Applicant: William Sidock, Sidock Properties LLC
Property Address/Location: 379 W. Western Avenue
Request: Request to amend the Final PUD for 100 Muskegon Mall
Present Land Use: Vacant parcel
Zoning: B-3, Central Business with PUD Overlay
STAFF OBSERVATIONS
1. The applicant received approval for the Final PUD from City Commission on February
22, 2005.
2. At that time, the site plan only included the proposed street grid, location of five existing
buildings, and “buildings and structures as proposed and the spatial relationship to each
other and existing downtown structures”. Uses within existing or newly developed
buildings had not yet been determined, but the approval was for “mixed use, residential
and commercial”.
3. The PUD was amended in June 2005 to revise the street design. The changes included
eliminating two traffic circles, and adding one at the corner of Third and Western. Also
changed was the configuration of Jefferson Street eliminating two intersections.
4. The changes proposed at this time include the construction of the new Sidock Group, Inc.
office building. The building has two floors consisting of 7,545 sq. ft. on the first floor
and 7,939 sq. ft. on the second floor. Sidock Group will occupy the entire second floor,
with 5,098 sq. ft. of commercial planned for the first floor, with the remainder of the
square footage taken up by mechanical rooms, the elevator, lobby, etc..
5. There are 27 parking spaces located at the rear of the building. This appears to be
adequate for the proposed uses in the building.
6. The site plan submitted is very complete with just a couple notes from the Planning
Department:
a. The “2007 Sidock Building” that appears at the peak of the second floor on the
sheet A-6, Exterior elevations, is not considered a sign. It is considered to be
”identifying the name of the building or date of erection of a structure”, and is
therefore exempt. All future signs will need permits.
b. The canopy trees indicated on the “Landscape Plan” need to be 12 ft. minimum in
height, as required by the zoning ordinance.
7. Engineering and Police have no issues with site plan.
8. DPW has the following comment:
a. Contact DPW regarding water and sewer connection fees at 231-724-4100.
9. The Fire Department lists the following conditions of approval:
a. Key box shall be installed for Fire Department access.
b. Post indicating valve shall be installed for fire suppression system.
c. Fire Department connection shall be accessible.
10 Staff has received no comments on this request.
10
View from new Chamber of Commerce site. View looking northeast from Third Street.
11
ORDINANCE EXCERPTS
Planned Unit Developments
Excerpted from Section 2101: Development Options
1. Planned Unit Development (PUD) Purpose
The purpose of this option is to permit flexibility in the regulation of land development;
encourage innovation in land use and variety in design, layout, and type of structures
constructed; achieve economy and efficiency in the use of land, natural resources and
utilities; encourage provision of useful open space; provide adequate housing,
employment, and shopping opportunities particularly suited to the needs of the residents
of the City of Muskegon and encourage the use, reuse, and improvement of existing sites
and buildings when the uniform regulations contained in zoning districts do not provide
adequate protection and safeguards for the site or surrounding area.
This option is intended to accommodate developments with mixed or varied uses, to
allow some degree of flexibility in the application of standards and regulations in this
Ordinance to achieve innovation to development on sites with unusual topography or
unique settings within the community, or on land which exhibits difficult or costly
development problems, and shall not be allowed where this option is sought primarily to
avoid the imposition of standards and requirements of zoning classifications rather than
to achieve the stated purposes above.
a. Planned Unit Development Regulations, Standards and Requirements
1) The entire parcel for which application is made must be under one
ownership or the application must be made with the written authorization
of all property owners.
2) The application shall meet the criteria established in each specified
zoning district.
b. PUD Review Procedures
1) A petition for a PUD approval shall be submitted in accordance with
Section 2332 of this ordinance.
2) The review shall be in two phases:
3) The preliminary phase shall involve a review of a conceptual PUD plan to
determine its suitability.
4) The final phase shall require a detailed development plan for any part of
the approved conceptual PUD plan.
c. Standards for Approval of PUD Plans
12
The Planning Commission shall approve, deny or modify preliminary PUD plans,
based upon the following standards. Likewise, the City Commission shall
approve, deny, or modify final PUD plans (after review and recommendation by
the Planning Commission) based upon the following standards.
1) The uses proposed will have a beneficial effect, in terms of public health,
safety, welfare, or convenience of any combination thereof, on present and
potential surrounding land uses. The uses proposed will not adversely
affect the public utility and circulation systems, surrounding properties, or
the environment.
2) The uses proposed should be consistent with the land use plans adopted by
the City.
3) The amount of open space provided, which the Planning Commission or
City Commission may modify even though such modifications do not
conform to that required in other sections of this ordinance.
4) The amount of off-street parking areas, which the Planning Commission
or City Commission may modify even though such modifications do not
conform to that required in other sections of this ordinance.
5) The amount of landscaping and buffering areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of this
ordinance.
6) The protection or enhancement of significant natural, historical, or
architectural features within the proposed development area.
7) The uses proposed will result in safe, convenient, uncongested and well
defined vehicular and pedestrian circulation systems.
2. Preliminary PUD Plan Submission
The applicant shall submit together with the application for PUD preliminary phase
approval:
a. A general development plan depicting the proposed locations of streets, parking
areas, open spaces, buildings and structures, and their spatial relationships, the
relationship to off-site improvements and infrastructure and any unusual
topographic features.
1) Approval by the Planning Commission of the PUD Preliminary Plan shall
remain in effect for a period not to exceed three (3) years from the date of
approval.
13
3. Final PUD Plan Submission
The applicant shall submit together with the application for PUD final phase approval,
development plans in sufficient detail and in so far as possible the specific locations and
dimensions of:
a. all streets, sidewalks, public and private utilities, parking areas, truck docks and
service drives;
b. all buildings and structures, elevations and spacial relationships;
c. landscaping, buffers, fences, and protective walls;
d. open space areas and other significant environmental features;
e. existing and final topographic changes;
f. identification and directional signage;
g. property survey prepared and certified by a licensed land surveyor;
4. Amendments to an Approved Final PUD Plan
a. Incidental or minor changes may be approved by the Planning Commission if the
proposed modifications do not alter the basic design or land uses of the plan.
b. If the Planning Commission determines that the proposed modifications are
significant or major, a public notice and public hearing in accordance with
Section 2332 must be conducted prior to approval or denial.
5. PUD Development Time Limits
a. Construction of the improvements shown on the approved final PUD plan with all
proposed buildings, parking areas, landscaping and infrastructure must commence
within one year of approval by the City Commission.
b. Construction must be continued in a reasonable, diligent manner and be
completed within five (5) years.
c. Said five (5) year period may be extended if applied for in writing by the
petitioner and granted by the City Commission following public notice and public
hearing in accordance with Section 2332 of this ordinance. Failure to secure an
extension shall result in a stoppage of all construction.
STAFF RECOMMENDATION
Staff recommends approval of the request to amend the Final PUD for 100 Muskegon Mall, 379
W. Western Avenue, with the listed conditions.
14
DELIBERATION
Standards for discretionary uses: (emphasis provided)
1. Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the activity.
4. The proposed site plan complies with section 2331of 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.
MOTION FOR CONSIDERATION
I move that the minor amendment to the Final PUD for 100 Muskegon Mall, 379 W. Western
Avenue be (approved/denied) pursuant to the determination of (compliance/lack of compliance)
with the intent of the City Zoning Ordinance and City Master Land Use Plan, subject to the
following condition:
1. The minimum size of the canopy trees show on the landscape plan conform to the
requirements of the zoning ordinance.
2. All conditions listed by the Fire Department in #9 of the staff report be met.
15
Hearing: Case 2007-34: Staff-initiated request to vacate a portion of W. Walton Avenue from
Jefferson to Terrace Streets.
BACKGROUND
This is a staff initiated request for vacation of the portion of W. Walton Avenue that lies between
City Hall and the current Fire Station. Future uses are currently being explored for the building
and the City may sell it in the near future. With the vacation of W. Walton, additional parking
may be able to be added to accommodate the future use.
View looking east from Jefferson Street.
16
STAFF RECOMMENDATION
Staff recommends approval of the request.
DELIBERATION
I move that the vacation of W. Walton Street from Jefferson to Terrace Streets, be recommended
to City Commission for (approval/denial), based on (compliance/lack of compliance), with the
City’s 1997 Master Land Use Plan, with the following conditions:
1. All utility easements will be retained.
17
Hearing; Case 2007-28: Request to rezone the property at 1221 W. Laketon Avenue from R-1,
One Family Residential, to RM-2, Medium Density Multiple Family Residential, by Susan
Johnson, Every Woman’s Place.
Applicant: Susan Johnson, Every Woman’s Place
Property Address/Location: 1221 W. Laketon Avenue
Request: Rezoning from R-1, One Family Residential to RM-2,
Medium Density Multiple Family Residential
Present Land Use: Multi-family Residential
Zoning: R, One Family Residential District
STAFF OBSERVATIONS
1. The site is a 5.63 acre parcel that presently contains a building owned and occupied by
Every Woman’s Place.
2. The applicant is requesting a rezoning from R-1, One Family Residential, to RM-2,
Medium Density Multiple Family Residential. Presently, the agency is a legal non-
conforming use. The purpose of the rezoning is to allow the agency to expand to
accommodate their growing clientele. Since expansion of a nonconforming use is only
allowed up to expand up to 25%, and then only with Planning Commission approval,
staff recommended that the agency seek a rezoning.
3. The property to the north, south and east are also zoned R-1, and the property to the west
is zoned OSC, Open Space Conservation.
4. The Future Land Use Map shows this property (Sub-Area 6) as “Public/Quasi-Public”.
The Master Plan also states: “It is the goal of the Master Plan to retain the mixed-use
character of Sub-Area 6 and to demonstrate how varying land uses may co-exist, as well
as compliment each other.”
5. Vice Mayor Steve Gawron sent an e-mail opposing the request, a copy of which is
included in the staff report packet. Also presented to you at last months meeting were
opposing comments from Sean Mullally, 1781 McGraft.
6. After consideration and discussion with the City Attorney, a PUD for this site
doesn’t really seem to meet the requirements of the Zoning Ordinance (see page 11
of this staff report that addresses the PUD purpose, particularly paragraph #2).
7. Included in your packet is an opinion from the City Attorney regarding zoning only
a portion of the property which would contain the present building and the new
addition. It seems from this opinion that it is possible, although unusual to do so. If
this is the route that Planning Commission recommends that we take with this
parcel, certain safeguards should be put in place, such as a survey and separate
property descriptions.
18
Building presently occupied by Every Woman’s Place.
Vacant portion of the parcel where the addition is planned.
19
ORDINANCE EXCERPTS
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;
20
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.
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.
21
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
(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]
22
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.
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:
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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 z
oned 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:
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
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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.
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.
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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
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.
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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.
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%
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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.
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:
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
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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.
ARTICLE VIII - RM-2 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL
DISTRICTS
PREAMBLE
The RM-2 Medium Density Multiple Family Residential Districts are intended to be selectively
planned at locations in the City so as to provide transition between nonresidential areas and One
and Two Family Residential Districts, and between nonresidential areas and the RM-1 Low
Density Multiple Family Residential.
SECTION 800: PRINCIPAL USES PERMITTED
In a RM-2 Medium Density Multiple Family Residential District 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. All Principal Uses Permitted in the R One Family Residential Districts, RT Two Family
Residential Districts, and RM-1 Low Density Multiple Family Residential Districts,
subject to the applicable regulations of this District.
2. Accessory uses and accessory buildings customarily incidental to the above Principal
Uses Permitted.
3. Adult Foster Care Large Group Homes. [amended 11/02]
4. Uses similar to the above Principal Uses Permitted.
SECTION 801: SPECIAL LAND USES PERMITTED [amended 2/02] [amended 2/03]
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. All Section 601 and 701 Special Land Uses Permitted in the RT Two Family Residential
Districts and RM-1 Low Density Multiple Family Residential Districts, subject to the
applicable regulations of this District.
2. Adult Foster Care Congregate Facilities, provided that such facility shall be at least one
thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]
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3. 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:
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.
30
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.
4. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.
5. Uses similar to the above Special Land Uses Permitted.
SECTION 802: PLANNED UNIT DEVELOPMENT [amended 10/98]
Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the RM-2 Medium
Density Multiple Family Residential District 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 803: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 14,520 sq. feet.
2. Density (see definition in Article II): 24 dwelling units per buildable acre.
3. Dedicated open space requirement: 15%
4. Maximum lot coverage:
Buildings: 70%
Pavement: 20%
5. Lot width: 125 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
6. Maximum building width: 50% (as a portion of the lot width).
7. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
8. Height limit: 4 stories or 60 feet.
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
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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).
1. Front Setbacks: [amended 1/05]
9.
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Street: 25 feet
Minor Street: 20 feet
10. Rear setback: 30 feet
11. Setback from the ordinary high water mark or wetland: 50 feet (principal structures
only).
12. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
3-story: 12 feet and 16 feet
4-story: 16 feet and 20 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]
13. 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.
14. 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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STAFF RECOMMENDATION
Staff recommends approval of the request to rezone the subject properties from R-1, One Family
Residential to RM-2, Medium Density Multiple Family Residential, 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.
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DETERMINATION
The following motion is offered for consideration:
I move that the request to rezone the property located at 1221 W. Laketon Avenue from R-1,
One Family Residential district to RM-2, Medium Density Multiple Family Residential 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.
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