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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, November 15, 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 meetings of October 11 and October 23, 2007.
III. PUBLIC HEARINGS
A. Hearing; Case 2007-42: Request for a rezoning for the property located at 145
W. Laketon Avenue, from R-1, One Family Residential District to B-4, General
Business District, by Jodi Carson, 1592 Sixth Street.
B. Hearing; Case 2007-43: Request for a Special Land Use Permit for a used car
dealership at 185 and 145 W. Laketon Avenue, by Jodi Carson, 1592 Sixth
Street.
C. Hearing; Case 2007-44: Staff initiated request to amend Section 2334, #5,
Signs, of Article XXIII, General Provisions, to add “sidewalk signs” as exempt
signs in all zoning districts.
D. Hearing; Case 2007-45: Staff initiated request to amend Section 2334, #4, i,
Signs, of Article XXIII, General Provisions, to remove “A-frame signs” from
“Prohibited Signs”.
E. Hearing: Case 2007-46: Staff initiated request to amend Article II, Definitions,
to add a definition for “Sidewalk Sign”.
IV. OLD BUSINESS
A. Case 2007-37: Request for site plan review for a building expansion at 1221 W.
Laketon Avenue, by Susan Johnson, Every Woman’s Place – Tabled from the
September meeting – Remains tabled.
V. OTHER
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
November 15, 2007
Hearing; Case 2007-42: Request for a rezoning for the property located at 145 W. Laketon
Avenue, from R-1, One Family Residential District to B-4, General Business District, by Jodi
Carson, 1592 Sixth Street.
Applicant: Jodi Carson
Property Address/Location: 145 W. Laketon Avenue
Request: Rezone from R-1, One Family Residential District to B-4,
General Business District
Present Land Use: Parking Lot
Zoning: R, One Family Residential District
STAFF OBSERVATIONS
1. This property is presently paved and was previously used as a parking area for display of
cars associated with the property at 185 W. Laketon Avenue when it was Blais Lincoln
Mercury.
2. A majority of the parcel is zoned R-1, One Family Residential, but there is a small
rectangle in the southwest corner that is zoned B-4, General Business. This rezoning
request would bring the entire parcel under the same zoning classification.
3. The properties to the north and east are zoned R-1, and the parcels to the south and west
are zoned B-4.
4. There have been several uses in the building since the car dealership moved from the
property a few years ago. Those uses all conformed with the B-4 zoning.
5. The applicant is also applying for a special land use permit for the properties at 185 and
145 W. Laketon Avenue for a used car dealership, which is the subject of the next case.
8. A comment was received via e-mail from Nils Bodman, 1901 5th Street. He has no issues
with the rezoning. He does, however have concerns with the exterior maintenance of the
building and cars parked on the street or in the alley and partial cars stored on the
property for more than a few days.
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Front view of 185 W. Laketon Avenue. Rear view of 185 W. Laketon Avenue.
Front view of 145 W. Laketon Avenue. Side view of 145 W. Laketon from 6th St.
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ORDINANCE EXCERPTS
ARTICLE VII - RM-1 LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
The RM-1 Low Density Multiple Family Residential Districts are designed to provide sites for
multiple family dwelling structures, and related uses, which will generally serve as zones of
transition between the nonresidential districts and the lower density One Family and Two Family
Residential Districts, and MHP Mobile Home Park Districts.
SECTION 700: PRINCIPAL USES PERMITTED
In an RM-1 Low Density Multiple Family Residential 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:
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1. All Principal Uses Permitted in the R One Family and RT Two Family Residential
Districts with the lot area, yard, and floor area requirements for one (1) and two (2)
family dwellings equal to at least the requirements of the immediately abutting residential
district.
2. Multiple dwellings and row houses for any number of families.
3. Accredited fraternity and sorority houses when located not less than twenty (20) feet
from any other lot in any residential district.
4. Bed & Breakfast facilities, under the following conditions: [amended 7/03]
a. The owner or operator of the tourist home shall live full-time on the premises.
b. 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.
c. Breakfast may be served on the premises, only for guests of the facility, and no
other meals shall be provided to guests.
d. 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.
e. There shall be a maximum of five (5) guestrooms. No more than two (2) adults
are permitted to stay in any guestroom.
f. Signage shall conform to that which is permitted for home occupation businesses
only.
g. Rental of the tourist home for special gatherings such as wedding receptions and
parties shall be prohibited.
h. The property shall meet all local and state code requirements regarding bed and
breakfast facilities.
5. Rooming houses with a capacity of not more than three (3) roomers.
6. Churches and other facilities normally incidental hereto 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 for each foot of building that exceeds the maximum
height allowed.
7. 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.
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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
(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
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xv) No activity legally excluded by any deed restriction or other tenant or
owner restrictions shall be permitted.
8. Foster Care Small Group Homes. [amended 11/02]
9. Accessory buildings and accessory uses customarily incidental to the above Principal
Permitted Uses.
10. Uses similar to the above Principal Permitted Uses.
SECTION 701: 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. Offices and clinics of physicians, dentists, architects, engineers, attorneys, accountants,
real estate appraisers, or other professional persons; real estate, insurance, credit service
(other than loan) offices and similar businesses supplying services instead of products
when determined by the Planning Commission upon application to it, to be consistent
with the nature and condition of neighboring uses and structures.
2. Buildings to be used exclusively to house the offices of civic, religious or charitable
organizations, the activities of which are conducted by mail, and which are not displaying
or handling merchandise or rendering service on the premises.
3. Schools and colleges not involving the use of mechanical equipment except such as is
customarily found in dwellings or professional offices provided that any such building
shall be located not less than thirty (30) feet from any other lot in any residential district.
4. Adult Foster Care Large Group Homes, provided that such facility shall be at least one
thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]
5. 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
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shops, dressmaker, tailor, pharmacist, or an establishment doing radio,
television, or home appliance repair, and similar establishments that
require a retail character no more objectionable than the aforementioned,
subject to the provision that no more than five (5) persons shall be
employed at any time in the sale, repair, or other processing of goods.
3) Professional offices of doctors, lawyers, dentists, chiropractors,
osteopaths, architects, engineers, accountants, and similar or allied
professions.
4) Restaurants, or other places serving food, except drive-in or drive-through
restaurants.
b. Prohibited uses: Activities specifically prohibited include repair or service of
motor vehicles and other large equipment; manufacturing processes which would
normally require industrial zoning; any activity which may become a nuisance
due to noise, unsightliness or odor; and any activity which may adversely affect
surrounding property.
c. Conditions: [amended 8/04]
1) Outdoor storage is prohibited.
2) The area devoted to approved uses shall not exceed 2,500 square feet.
3) All goods produced on the premises shall be sold at retail on the premises
where produced.
4) All business, servicing, or processing shall be conducted within a
completely enclosed building, or in an area specifically approved by the
Planning Commission.
5) Parking shall be accommodated on site or with limited street parking.
6) Hours of operation may be limited by the Planning Commission.
7) Signs must comply with those set forth for the residential zoning district.
8) The Planning Commission may allow a use to sell alcohol, however the
Commission may limit the type of license applied for or obtained for the
sale of alcohol to an SDM, hours of operation, and any other restrictions
intended to stabilize, protect, and encourage the residential character of the
area. The use must gain approval from the Michigan Liquor Control
Commission before alcohol can be or sold.
6. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.
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7. Uses similar to the above Special Land Uses Permitted.
SECTION 702: 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 Development in the RM-1 Low 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 703: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 10,890 sq. feet.
2. Density (see definition in Article II): 16 dwelling units per buildable acre.
3. Dedicated open space requirement: 15 %
4. Maximum lot coverage:
Buildings: 60 %
Pavement: 20 %
5. Lot width: 100 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: 3 stories or 50 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).
9. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major 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).
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12. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
3-story: 12 feet and 16 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]
ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS
PREAMBLE
The B-4 General Business District is designed to provide for a wide variety of business activities
including automotive services and goods, and is generally incompatible with the uses in the B-1,
B-2, and B-3 Business Districts. Placement along presently developed major traffic arteries
prevents the conflict of traffic and pedestrian movement since the General Business District is
characterized by a minimum of pedestrian flow. The B-4 General Business Districts have been
located in areas designated on the adopted Land Use Plan.
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SECTION 1300: PRINCIPAL USES PERMITTED
In the B-4 General Business District, no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (1) or more of the following specified
uses, unless otherwise providing in this Ordinance:
1. Veterinarian clinics, without outdoor kennels.
2. Bus passenger stations.
3. Stores selling second hand merchandise.
4. Funeral homes.
5. Automobile car wash, when completely enclosed in a building.
6. Auto service stations for the sale of gasoline, oil, and accessories, subject to the
following:
a. The curb for ingress and egress to a service station shall not be permitted at such
location that will tend to create traffic hazards in the streets immediately adjacent
thereto. Entrances shall be no less than twenty-five (25) feet from a street
intersection (measured from the road right-of-way) or from adjacent residential
districts.
b. The minimum lot area shall be ten thousand (10,000) square feet, and so arranged
that ample space is available for motor vehicles which are required to wait.
c. Major automobile repair, engine and body repair, steam cleaning and
undercoating may be allowed when conducted on the site, and said uses shall be
within a completely enclosed building. The storage of wrecked automobiles on
the site shall be obscured from public view. No automobile or vehicle of any kind
shall be stored in the open for a period exceeding one (1) week.
d. All rest rooms doors shall be shielded from adjacent streets and residential
districts.
e. Dispensing pumps shall be set back twenty (20) feet from the right-of-way line.
7. Self service laundry and dry cleaning establishments.
8. Amusement, entertainment, and recreational, including bowling alleys and skating rinks.
9. Storage of non-hazardous and non-toxic materials or goods provided such storage is
within a building or is enclosed as not to be visible to the public from any abutting
residential district or public street.
10. Theaters, when completely enclosed.
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11. Banks, with or without drive-in facilities.
12. Restaurants and cocktails lounges.
13. Motels and hotels.
14. Residential uses as part of a building in this business zone shall be allowed upon issuance
of a Certificate of Occupancy from the Department of Inspections, but provided that the
minimum lot area requirements of the RM-3 District are met.
15. Assembly of small parts provided that there shall be no machining, painting, cutting,
grinding, or welding of parts.
16. Business schools, or private schools operated for profit. Examples of private schools
permitted herein include, but are not limited to, the following: dance schools, music and
voice schools, and art studios: [amended 5/02]
a. Parking is required to be provided on the same site as the building. Shared
parking will be allowed, if it is irrevocable, and if it will not consume any parking
needed for a separate use.
17. Principal Uses as permitted in B-2 Districts.
18. Accessory buildings and accessory uses customarily incidental to the above Principal
Uses Permitted.
19. Uses similar to the above Principal Uses Permitted.
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SECTION 1301: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission. A site plan shall not be
required when there is no change to buildings or existing facilities.
1. Sales space for the sale of new and used automobiles, house trailers, travel trailers, and
recreational vehicles, subject to the following.
a. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from
the intersection of any two (2) streets:
b. No major repair or major refinishing shall be done on the lot, such use of land
being only permitted in the I-1 or I-2 Industrial Districts.
2. Flea markets and auctions.
3. Business in the character of a drive-in restaurant or open front store, subject to the
following:
a. A setback of at least sixty (60) feet from the street right-of-way line of any
existing or proposed major thoroughfare shall be maintained.
b. Ingress and egress points shall be located at least sixty (60) feet from the
intersection of any two (2) streets.
4. Outdoor recreational space for amusement parks, miniature golf courses, and other
outdoor recreation activities subject to the following: [amended 2/02]
a. Amusement parks or amusement facilities must be fenced on all sides with a four
foot six inch (4'-6") high wall or fence.
5. Outdoor theaters subject to the following conditions:
a. Points of ingress and egress for the outdoor theater shall be on major
thoroughfares and shall not be accessible from any residential street.
b. All vehicles waiting or standing to enter the facility shall be provided off-street
waiting space. No vehicle shall be permitted to wait or stand within a dedicated
road right-of way.
6. Private clubs, lodges, social and similar facilities.
7. Churches and other facilities normally incidental thereto subject to the following
conditions:
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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
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.
8. Commercial Kennels.
9. Mini Storage (warehouse facilities); (amended 10/98)
a. The parcel shall have direct access to a major thoroughfare.
b. One (1) parking space shall be provided for each twenty (20) rental units within
the buildings, and one (1) parking space shall be provided for each employee on
site.
c. Between warehouses, there shall be a minimum of twenty five (25') feet for
internal access drives. Traffic direction and parking shall be designated by
signaling or painting.
d. The lot area used for parking and access shall be provided with a permanent,
durable, dustless surface and shall be graded and drained so as to dispose of all
surface water.
e. All lighting shall conform to section 2319 of this ordinance.
f. A ten foot landscaped berm shall be required in the front setback of areas adjacent
to any residential zone or use.
g. Retail, wholesale, fabrication, manufacturing, or service activities may not be
conducted from the storage units by the lessees.
h. Storage of goods shall be limited to personal property with no commercial
distribution allowed and no operation which requires the regular delivery or pick-
up of goods in truck in excess of one and one-half (1.5) ton rated capacity shall be
permitted.
i. All storage shall be within the enclosed building area. There shall be no outside
storage or stockpiling.
j. No storage of hazardous, toxic, or explosive materials shall be permitted at the
facility. Signs shall be posted at the facility describing such limitations.
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10. Live music concert halls, under the following conditions: [amended 8/02]
a. The business will operate in such a manner as to comply with the Noise
Ordinance enacted by the City of Muskegon. No music (either live or piped) will
be permitted outside the building.
b. The business will maintain security staff, both inside and outside the building, at
all times when open to customers. Loitering will not be permitted on or around
the site.
c. The business will not operate between the hours of 3:00 a.m. and 8:00 a.m. No
person of 16 years of age or younger will be permitted within the business after
midnight and must directly exit the premises after that time.
d. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.
e. Security lighting will be provided for the site.
11. Taxi/Limousine Services [amended 5/04]
12. Accessory uses and accessory buildings customarily incidental to the above Special Land
Uses Permitted.
13. Uses similar to the above Special Land Uses Permitted.
14. Non-accessory signs provided that the signs conform to Section 2308 (1) (f) of this code.
SECTION 1302: PLANNED UNIT DEVELOPMENTS
Planned Developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the B-4 General
Business Districts is to allow mixed land uses, which are compatible to each other, while
prohibiting nonresidential uses which would not be compatible or harmonious with residential
dwellings or permitted commercial uses.
SECTION 1303: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 10,890 sq. feet.
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2. Maximum lot coverage:
Buildings: 70 %
Pavement: 25 %
3. Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
5. Height Limit:
Maximum height: 2 stories or 35 feet
Minimum height: 2 stories or 35 feet.
Minimum heights are in the form of an "overlay district" on the following street
corridors:
Western Avenue; from Ninth Street to Pine Street.
Clay Avenue; from Seventh Street to Fourth Street.
Pine Street; from Western Ave. to Apple Avenue.
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
building line abuts the front yard, except as follows: to the deck line of mansard roofs,
and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-4).
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).
9. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
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10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development under the
building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
line is employed for a structure or fire access. At least fifty percent of all required front
setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
amended 10/02]
STAFF RECOMMENDATION
Staff recommends approval of the request to rezone the subject properties from R-1, One Family
Residential, to B-4, General Business, 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?
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6. Are there any significant negative environmental impacts which would reasonably
occur if the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic sites,
or wildlife areas.
7. Is the proposed zoning change a “Spot Zone”?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those allowed in
the vicinity?
c. Would the zoning change confer a benefit to the property owner that is not
generally available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.
DETERMINATION
The following motion is offered for consideration:
I move that the request to rezone the property located at 145 W. Laketon Avenue from R-1, One
Family Residential district to B-4, General Business district, as described in the public notice, be
recommended for (approval/denial) to the City Commission pursuant to the City of Muskegon
Zoning Ordinance, and the determination of (compliance/lack of compliance) with the intent of
the City Master Land Use and zoning district intent.
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Hearing; Case 2007-43: Request for a Special Land Use Permit for a used car dealership at 185
and 145 W. Laketon Avenue, by Jodi Carson, 1592 Sixth Street.
Applicant: Jodi Carson, MidWest Auto Sales
Property Address/Location: 185 and 145 W. Laketon Avenue
Request: Special Land Use Permit
Present Land Use: Used Car Dealership
Zoning: B-4, General Business District and R, One Family
Residential District
STAFF OBSERVATIONS
1. The building at 185 W. Laketon Avenue is the presently vacant, but has been used as a
car dealership in the past. The past couple of years it has had other uses inside the
building, including a barber shop. The parcel at 145 W. Laketon Avenue is developed as
a parking lot.
2. The applicant wishes to use the two properties for a used car dealership. The parcel at
145 W. Laketon will be used to display cars, with the parcel at 185 W. Laketon used for
employee and customer parking, as well as office space inside the building.
3. The properties to the north and east are zoned R-1, and the parcels to the south and west
are zoned B-4.
4. The site plan submitted with the application showing the building does not showing any
striped spaces on the property. The site plan needs to be revised to show where the
parking will be located in front of the building and indicate that it will be striped. The
parking area in the rear also needs to be striped and the overgrowth removed. Areas
missing pavement need to be repaired.
5. There are conditions listed in Section 1301 for special land use permits in B-4 that as part
of the approval must be met in order to issue a special land use permit at a particular site.
They are as follows:
a. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from
the intersection of any two (2) streets.
b. No major repair or major refinishing shall be done on the lot, such use of land
being only permitted in the I-1 and I-2 Industrial Districts.
Due to requirement a., the drive located in the northwest corner of the parking lot off of
6th Street, at 145 W. Laketon must be closed. This can be done by either placing bollards
across the drive or removing the concrete leading into the drive and creating a green
space and curbing to match what is already located between the two drives, from the
sidewalk to the street.
6. The only comment received regarding this case, is the same one submitted for the
previous rezoning case.
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Front view of 185 W. Laketon Avenue. Rear view of 185 W. Laketon Avenue.
Front view of 145 W. Laketon Avenue. Side view of 145 W. Laketon from 6th St.
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ORDINANCE EXCERPTS
SECTION 1301: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission. A site plan shall not be
required when there is no change to buildings or existing facilities.
1. Sales space for the sale of new and used automobiles, house trailers, travel trailers, and
recreational vehicles, subject to the following.
a. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from
the intersection of any two (2) streets.
b. No major repair or major refinishing shall be done on the lot, such use of land
being only permitted in the I-1 or I-2 Industrial Districts.
2. Flea markets and auctions.
3. Business in the character of a drive-in restaurant or open front store, subject to the
following:
a. A setback of at least sixty (60) feet from the street right-of-way line of any
existing or proposed major thoroughfare shall be maintained.
b. Ingress and egress points shall be located at least sixty (60) feet from the
ntersection of any two (2) streets.
4. Outdoor recreational space for amusement parks, miniature golf courses, and other
outdoor recreation activities subject to the following: [amended 2/02]
a. Amusement parks or amusement facilities must be fenced on all sides with a four
foot six inch (4'-6") high wall or fence.
5. Outdoor theaters subject to the following conditions:
a. Points of ingress and egress for the outdoor theater shall be on major
thoroughfares and shall not be accessible from any residential street.
b. All vehicles waiting or standing to enter the facility shall be provided off-street
waiting space. No vehicle shall be permitted to wait or stand within a dedicated
road right-of way.
6. Private clubs, lodges, social and similar facilities.
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7. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties
zoned for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may be
allowed provided front, side, and rear yards are increased above the minimum
requirements by one (1) foot for each foot of building that exceeds the maximum
height allowed.
8. Commercial Kennels.
9. Mini Storage (warehouse facilities); (amended 10/98)
a. The parcel shall have direct access to a major thoroughfare.
b. One (1) parking space shall be provided for each twenty (20) rental units
within the buildings, and one (1) parking space shall be provided for each
employee on site.
c. Between warehouses, there shall be a minimum of twenty five (25') feet
for internal access drives. Traffic direction and parking shall be designated
by signaling or painting.
d. The lot area used for parking and access shall be provided with a
permanent, durable, dustless surface and shall be graded and drained so as
to dispose of all surface water.
e. All lighting shall conform to section 2319 of this ordinance.
f. A ten foot landscaped berm shall be required in the front setback of areas
adjacent to any residential zone or use.
g. Retail, wholesale, fabrication, manufacturing, or service activities may not
be conducted from the storage units by the lessees.
h. Storage of goods shall be limited to personal property with no commercial
distribution allowed and no operation which requires the regular delivery
or pick-up of goods in truck in excess of one and one-half (1.5) ton rated
capacity shall be permitted.
i. All storage shall be within the enclosed building area. There shall be no
outside storage or stockpiling.
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j. No storage of hazardous, toxic, or explosive materials shall be permitted at
the facility. Signs shall be posted at the facility describing such
limitations.
10. Live music concert halls, under the following conditions: [amended 8/02]
a. The business will operate in such a manner as to comply with the Noise
Ordinance enacted by the City of Muskegon. No music (either live or piped) will
be permitted outside the building.
b. The business will maintain security staff, both inside and outside the building, at
all times when open to customers. Loitering will not be permitted on or around
the site.
c. The business will not operate between the hours of 3:00 a.m. and 8:00 a.m. No
person of 16 years of age or younger will be permitted within the business after
midnight and must directly exit the premises after that time.
d. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.
e. Security lighting will be provided for the site.
11. Taxi/Limousine Services [amended 5/04]
12. Accessory uses and accessory buildings customarily incidental to the above Special Land
Uses Permitted.
13. Uses similar to the above Special Land Uses Permitted.
14. Non-accessory signs provided that the signs conform to Section 2308 (1) (f) of this code.
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.
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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 1301 (#1) of Article XIII of the
Zoning Ordinance, to allow for a used car dealership in a B-4 zoning district at 185 and 145 W.
Laketon Avenue, by Jodi Carson, 1592 Sixth Street, MidWest Auto Sales, 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. The parking lots at 185 W. Laketon need to be striped and repaired as described in #4 of
the staff report.
2. The drive into the property at 145 W. Laketon Avenue, located on the northwest corner
off of 6th Street shall be closed.
3. No major repair or major refinishing shall be done on the property.
4. The zone change for 145 W. Laketon Avenue is given final approval by the City
Commission.
5. The owner/applicant shall permit the zoning administrator or other zoning staff in the
premises at reasonable times to review compliance with this permit.
6. The Special Land Use Permit affidavit shall be recorded with the register of deeds prior
to occupying the building.
26
Hearing; Case 2007-44: Staff initiated request to amend Section 2334, #5, Signs, of Article
XXIII, General Provisions, to add “sidewalk signs” as exempt signs in all zoning districts.
BACKGROUND
Staff has received a request from the Lakeside Business District to review our sign ordinance in
order to be more business friendly, especially for small businesses in our community. At this
time, “sandwich board signs” are only allowed in the Clay-Western historic district and the
Lakeside Business District. Both districts have very defined boarders. If your business isn’t
located in one of these districts, you may not make use of these types of portable signs. These
signs seem to be a very effective marketing tool to announce special promotions of many kinds.
After several staff discussions, we reviewed an ordinance recently put into place in a neighboring
community for “sidewalk signs” and thought maybe we could make some changes that would
make our sign ordinance more useful to all areas of the City, and so businesses could take
advantage of these types of signs, if they meet specific requirements. Our City Attorney’s office
gave us guidance and made suggestions for the proposed language changes.
Staff has received no public comments on this request.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
o. Sidewalk Signs: Sidewalk signs shall conform to the following regulations:
1) General Requirements.
a. Sign Standards. Sidewalk signs shall conform to the
following regulations:
i. A maximum of one (1) sidewalk sign per individual retail
use/retail service business
(including restaurants) is permitted.
ii. Sign face area shall not exceed a maximum of ten (10) square
feet. The area of a sign shall be measured as the area within a
single, continuous perimeter composed of any straight line
geometric figure which encloses the extreme limits of wiring,
representation, emblem, logo or any other figure of similar
character forming an integral part of the display, excluding
only the support or other structure necessary to support the
sign.
iii. Sign face width shall not exceed a maximum of thirty (30)
linear inches as measured
from the outer edge of the sign support or structure.
iv. Signs shall not exceed a maximum sign height of four (4) feet as
measured from the
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highest point of the sign to the finished grade of the ground
immediately beneath the sign.
v. All signs shall be designed and constructed to withstand
reasonable natural weather elements.
vi. Signs shall be designed and constructed to ensure the sign does
not blow over, block walkways, and/or obstruct or interfere
with pedestrian or vehicular traffic. Owner shall be
responsible for maintenance and must take such measures as
necessary to secure the sign including utilizing weighting
material or removal during extreme conditions.
vii. Signs shall be maintained free of peeling paint or paper, fading
staining, rust or other condition which impairs legibility or
intelligibility.
viii. Sign supports, braces, poles and anchors shall be maintained in
such a manner as not to cause a hazard.
ix. If signs are not properly maintained and pose a threat to the
public health, safety and welfare, or are illegally located in the
public right-of-way, the city shall have the right to remove the
sign. Accordingly, the city shall pass on all removal costs to the
owner.
x. No sign shall contain any moving or animated parts, nor have
the appearance of having any moving or animated parts.
xi. All signs shall be of professional quality.
b. Sign Placement. Sidewalk signs shall meet the following placement
criteria:
i. Signs shall be portable and shall not be permanently affixed to
any structure or sidewalk and shall be removed at the end of
each business day.
ii. Signs shall be placed only on sidewalks that are wide enough to
allow for a width of at least five (5) linear feet for the
unrestricted pedestrian movement beyond the placement of the
sign.
iii. Signs shall only be placed on the sidewalk in front of the
business it is advertising and shall be limited to one per
business.
iv. Signs shall be a minimum of forty-eight (48) linear inches from
any obstructions within the sidewalk right-of-way including
but not limited to newspaper boxes, outdoor tab les/seating,
trees and tree grates, bicycle racks, trash receptacles, or any
other item impeding pedestrian or wheelchair movement. Sign
placement shall be in conformance with all Americans with
Disabilities Act requirements.
v. Signs shall be a minimum of ten (10) linear feet from a
building corner or pedestrian crosswalk.
vi. Signs shall be placed so the base of the sign is a minimum of
ten (10) linear feet from the base of any other sidewalk sign.
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vii. No sign shall be placed in the terrace area between the
sidewalk and street.
viii. If an encroachment agreement is necessary, such agreement
shall be obtained from the City Commission.
c. Lighting and Display Hours. Signs shall not be illuminated and shall
be displayed only during daylight hours between sunrise and sunset.
DELIBERATION
I move that the amendment to Section 2334, #5, (Signs), of Article XXIII, General Provisions, of
the City of Muskegon Zoning Ordinance to add “sidewalk signs” as exempt signs in all zoning
districts, be recommended to the City Commission for (approval/denial).
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Hearing; Case 2007-45: Staff initiated request to amend Section 2334, #4, i, Signs, of Article
XXIII, General Provisions, to remove “A-frame signs” from “Prohibited Signs”.
BACKGROUND
Provided that Planning Commission recommends adoption of the previous request for “sidewalk
signs” to be included as exempt signs, the “A-frame signs” would then need to be removed from
the section of the sign ordinance that deal with “Prohibited Signs. It would be recommended that
the “Inverted T signs with spider legs” type of signs remain as prohibited signs. These signs are
the ones that typically have changeable letters and flashing arrows or other lights on the top.
Therefore the proposed language amendment would be as follows:
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
i. Portable “A” frame signs, Inverted "T" signs with spider legs, with or without
wheels where lettering can be changed, rearranged or altered (see also definition
of “portable” sign, except for the following:
1) A-frame signs are permitted in the Clay-Western and National
Register Historic Districts with Historic District Commission
approval.
2) A-frame signs are permitted in the Lakeside Business District
(LBD), which is described as property with frontage along
Lakeshore Drive between Estes Street to the East and McCracken
Street to the West.
3) A-frame signs will be temporary in nature and placed directly in
front of the business it is advertising.
4) Signs will be placed as to allow free-flowing pedestrian traffic in
front of the business.
5) An A-frame sign must be constructed out of sturdy, dense material
that will be able to withstand the rugged Muskegon climate.
6) All A-frame signs must adhere to the clear vision section of the
Zoning Ordinance. (See Section 2334 3,b.)
7) An encroachment agreement may be necessary for an A-frame
sign, which would be obtained from the City Commission.
8) The square footage of any sign face shall not exceed ten (10)
square feet. The face of the sign shall not exceed four (4) feet in
length.
DELIBERATION
I move that the amendment to Section 2334, #4, i, (Signs), of Article XXIII, General Provisions,
of the City of Muskegon Zoning Ordinance to remove A-Frame signs from Prohibited Signs, be
recommended to the City Commission for (approval/denial).
30
Hearing: Case 2007-46: Staff initiated request to amend Article II, Definitions, to add a
definition for “Sidewalk Sign”.
BACKGROUND
In order to clarify what a “Sidewalk Sign” is, the following definition is proposed to be added to
the Definitions section of the zoning ordinance, with renumbering of the subsequent listed types
of signs:
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
New #27. Sidewalk Sign: A temporary sign placed on the sidewalk or private property
adjacent to the commercial activity it advertises, that is of either an A-frame or
T design and may be no larger than 10 square feet in display area.
DELIBERATION
I move that the amendment to Article II, Definitions, of the City of Muskegon Zoning Ordinance
to remove add a definition for “Sidewalk Sign”, be recommended to the City Commission for
(approval/denial).
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