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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, March 16, 2006
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 February 16, 2006.
IV. PUBLIC HEARINGS
A. Hearing; Case 2006-06: Request for a Preliminary Planned Unit Development
approval for a mixed use recreational and commercial development at 1050 W.
Western Avenue (Hartshorn Center) by, John Bultema, GLM Properties, LLC.
B. Hearing; Case 2006-07: Staff initiated request to rezone the properties at 1438,
1446, 1458, 1468 and 1478 Terrace Street, from B-2, Convenience and
Comparison Business, to R-1, One Family Residential.
C. Hearing; Case 2006-08: Staff initiated request to amend Section 2334 (#5, a)
(Signs) of Article XXIII of the Zoning Ordinance to allow a building wrap for a
building undergoing construction or major renovation.
D. Hearing; Case 2006 09: Staff initiated request to amend Article II (Definitions)
of the Zoning Ordinance to add a definition for “building wrap”.
E. Hearing; Case 2006-10: Staff initiated request to amend Section 2323 (#3)
(Flood Hazard Areas) of Article XXIII of the Zoning Ordinance regarding
reference numbers for the Michigan Residential Code and Michigan Building
Code.
V. OLD BUSINESS
A. Hearing; Case 2005-41: Staff initiated request to amend Sections 2200, 2201,
2202, 2203, and 2204 (Nonconforming Uses) of Article XXII of the Zoning
Ordinance – Tabled at February 2006 meeting.
VI. NEW BUSINESS
A. None
O:\Planning\COMMON\Zoning\Planning_Commission\PC2006\2006 Agendas\pc3-06.doc
VII. OTHER
A. Muskegon Area Plan – Appointment of Planning Commission members to
participate in quarterly County-Wide Planning Commission meetings. First
meeting May 31, 2006.
B. Area 13 – Peck Street between Southern and Laketon, possible rezoning.
VIII. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE
CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as
signers for the hearing impaired and audio tapes of printed materials being considered at the
meeting, to individuals with disabilities who want to attend the meeting, upon twenty-four hour
notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services
should contact the City of Muskegon by writing or calling the following:
Gail A. Kundinger, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
O:\Planning\COMMON\Zoning\Planning_Commission\PC2006\2006 Agendas\pc3-06.doc
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
March 16, 2006
Hearing; Case 2006-06: Request for a Preliminary Planned Unit Development approval
for a mixed use recreational and commercial development at 1050 W. Western Avenue
(Hartshorn Center) by, John Bultema, GLM Properties, LLC.
BACKGROUND
Applicant: John Bultema, GLM Properties, LLC
Property Address/Location: 1050 W. Western Avenue
Request: Preliminary PUD for mixed use recreational and
commercial development
Present Land Use: Commercial and office
Zoning: B-2, Convenience and Comparison Business, I-
General Industrial and LR, Lakefront Recreation
STAFF OBSERVATIONS
1. The subject property is located at 1050 W. Western Avenue, includes the
Hartshorn Building, and is 10.6 acres in size.
2. To the east of the property is the City-owned Hartshorn Marina, which is zoned
LR. To the west is Michigan Steel, which is zoned I-1, and to the South is the
parking lot for the Watermark Building zoned I-1, and another area of I-2 zoning,
which includes the former Anaconda building and Cole’s Bakery.
3. The property in question presently has 3 different zoning designations, including
B-2, Convenience and Comparison Business, which encompasses the largest
portion of the property and includes the Hartshorn building. The strip of land
located at the rear or northerly portion of the property is zoned LR, Lakefront
Recreation, and the portion to the west is zoned I-2, General Industrial.
4. There are presently several commercial and office spaces located inside the
Hartshorn Building, including Fricano’s, Bob’s Bait, the Waterfront Galley, and
Hospice administrative offices.
5. The applicant wishes to develop a portion of the property for an RV park for
approximately 62 units, and an additional 10 camping sites for tents.
6. The complex would include a swimming pool and playground to be located on the
eastern side of the building and a small toilet building, which would be
constructed near the camping area. There would also be a club house and bath
house added to the interior of the Hartshorn Building, near the pool.
7. The applicant also indicates there will be an effort made to connect to the
Lakeshore Pathway, once the construction of that section of it takes place. This
would afford additional recreational opportunities for visitors using the RV park.
8. Because of the age of our 1997 Master Land Use Plan, what was then the
“Waterfront Center” was identified on the Future Land Use Map as an office use.
However, this building previously housed “a variety of specialty, antique and
craft shops, and a restaurant” during the 1980s. It has returned to these uses after
developed as the Hartshorn Center a few years ago.
9. Other comments from the Master Plan include: “Restrict industrial expansion to
infill locations, internal to existing industrial development.” The City has been
working for several years to relocate industrial uses away from the shoreline and
open the lake to access by the public, as is demonstrated by the Hartshorn Marina.
10. City departments had the following comments:
a. Engineering had no issues with this site plan.
b. DPW – Provide detailed utility plans to Kelly DeFrench, along with a
water and sewer meter plan.
c. Fire – The Fire Marshall has no problems with the concept, but has several
issues that would need to be addressed on the final site plan including:
i. Hydrant placement shown on prints and complying with
International Fire Code.
ii. Burn pits and grills must be shown on final site plan.
iii. Paved areas shall support weight of Fire Department heaviest
apparatus.
iv. All gates and barriers must be shown on final plan.
v. Adequate turning radius required at end of access driveways.
11. Staff has received no comments regarding this case.
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1050 W. Western Ave. – Front view 1050 W. Western Ave. – Rear view
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Parking lot behind Harnshorn Building. Property to the rear of the parking area.
East side of Hartshorn Building. West end of Hartshorn Building.
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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.
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c. Standards for Approval of PUD Plans
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.
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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.
STAFF RECOMMENDATION
Staff recommends approval of the request for a Preliminary PUD with the understanding
that a more detailed site plan will be provided to the Planning Commission for review at
the time of submissions of the Final PUD plan.
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 Preliminary PUD for a mixed-use recreational and commercial
development at 1050 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 based on the following conditions (only if
approved):
1. The applicant must apply to Planning Commission and City Commission for
Final PUD approval including review of a complete site plan and landscaping
plan for the entire site.
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Hearing; Case 2006-07: Staff initiated request to rezone the properties at 1438, 1446,
1458, 1468 and 1478 Terrace Street, from B-2, Convenience and Comparison Business,
to R-1, One Family Residential.
BACKGROUND
Applicant: City of Muskegon
Property Address/Location: 1438, 1446, 1458, 1468, and 1478 Terrace Street
Request: Rezone from B-2, Convenience and Comparison
Business to R-1, One Family Residential
Present Land Use: Residential
Zoning: B-2, Convenience and Comparison Business
STAFF OBSERVATIONS
1. The properties in question are located on Terrace Street in an area presently the
focus of the latest Blight Fight effort by the City of Muskegon. The area is
referred to as “Area 13” (see enclosed color map).
2. The four houses are all appear to be single family homes. The property at 1446
Terrace is a vacant lot owned by the Vineyard Christian Fellowship Church
located at 1428 Terrace, at the corner of Terrace and Irwin.
3. Properties directly across Terrace Street are zoned R-1, as are properties directly
to the south along Terrace Street. To the east, behind these homes is Muskegon
Floral, which is zoned B-2 and should remain as it is.
4. The 1997 Master Land Use Plan, in reference to this sub-area, states: “Maintain
the sub-area’s residential focus”.
5. The Master Plan’s Future Land Use Map shows this area as residential.
6. Other areas in Area 13 may be brought to Planning Commission for rezoning in
the future, particularly some sections of Peck Street.
7. Staff has received no comments regarding this request.
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9
1438 Terrace Street 1446 Terrace Street
1458 Terrace Street 1468 Terrace Street
1478 Terrace Street
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B-2 Convenience and Comparison Business
ARTICLE XI - B-2 CONVENIENCE AND COMPARISON BUSINESS
DISTRICTS
PREAMBLE
The B-2 Convenience and Comparison Business Districts are designed for the
convenience and community shopping needs of residents in the Muskegon Area, and they
are intended to be located in planned groups near the intersection of major thoroughfares.
All business establishments shall be retail or service establishments dealing directly with
consumers, and all goods produced on the premises shall be sold at retail on the premises
where produced. All business, servicing or processing, except off-street parking or
loading, shall be conducted within a completely enclosed building, unless otherwise
provided by this Ordinance and specifically approved by the City.
SECTION 1100: PRINCIPAL USES PERMITTED
In a B-2 Convenience and Comparison Business District no building or land shall be used
and no building shall be erected, structurally altered, or occupied except for one (1) or
more of the following specified uses, unless otherwise provided for in this Ordinance:
1. Any generally recognized retail business which supplies commodities such as:
groceries, meats, dairy products, baked goods or other foods, drugs, drygoods,
and notions or hardware.
2. Personal service establishments such as: shoe repair, dry cleaning shops, tailor
shops, beauty parlors, barber shops, banks and savings and loan offices,
pharmacist and laboratories, or any service establishment of an office-showroom
or workshop nature of an electrician, decorator, dressmaker, tailor, shoemaker,
baker, printer, upholsterer, appliance repair, photographic reproduction, and
similar establishments that require a retail character no more objectionable than
the aforementioned.
3. Restaurants, or other places serving food.
4. Professional offices of doctors, lawyers, dentists, chiropractors, architects,
engineers, accountants, and similar or allied professions. Offices may be
permitted for similar or allied professions. Offices may be permitted for applied
technology, light technological research, research and development facilities with
laboratories, but no industrially oriented production facilities shall be permitted.
5. Office buildings for any of the following types of occupations: executive,
administrative and professional.
6. Post offices and other governmental office buildings.
7. Newspaper offices and printing offices.
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8. Private clubs, lodge halls, social, and similar organizations, including assembly or
rental halls.
9. Contractor’s offices, with associated indoor storage. [amended 6/02]
a. All associated storage must be contained within a structure, and such
structure dedicated to storage shall not exceed five thousand (5,000)
square feet in size.
b. No toxic, hazardous or noxious materials shall be stored on the site.
10. Recording studios. [amended 8/02]
11. Residential uses as part of a building in this business zone shall be allowed upon
issuance of a Certificate of Occupancy from the Department of Inspections, but
provided that the minimum lot area requirements of the RM-2 District are met.
12. Accessory buildings and accessory uses customarily incidental to the above
Principal Uses Permitted.
13. Uses similar to the above Principal Uses Permitted.
SECTION 1101: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted
under the purview of Section 2332 after review and approval of the use (and a site plan, if
required) by the Planning Commission, after Public Hearing, subject to the applicable
conditions, and any other reasonable conditions imposed by the Planning Commission. A
site plan shall not be required when no external changes are made to the buildings or
properties.
1. Automobile service stations for the sale of gasoline, oil, tires, muffler tune up, not
including major repair such as engine rebuilding, undercoating, and similar
industrially oriented activities, and subject further to the following:
a. The curb cuts for ingress and egress to a service station shall not be
permitted at such locations that will tend to create traffic hazards in the
streets immediately adjacent thereto. Entrances shall be no less than
twenty-five (25) feet from a street intersection (measured from the
roadway) or from adjacent residential property, and subject to other
ordinances of the City.
b. The minimum lot area shall be ten thousand (10,000) square feet, and so
arranged that ample space is available for motor vehicles which are
required to wait.
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c. There shall be provided, on those sides abutting or adjacent to a residential
district, a four foot (4') completely obscuring wall or fence. The height of
the wall or fence shall be measured from the surface of the ground.
d. All lighting shall be shielded from adjacent residential districts and from
abutting streets.
e. All rest rooms doors shall be shielded from adjoining residential property.
2. Banks with drive-in facilities, when said drive-in facilities are incidental to the
principal function.
3. Business in the character of a drive-in restaurant, or open front store, subject to
the following:
a. A setback of at least sixty (60) feet shall be provided from the street right-
of-way line of any existing or proposed major thoroughfare.
b. Ingress and egress points shall be located at least sixty (60) feet from the
intersection of any two (2) streets
4. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said
site directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting
properties zoned for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100
may be allowed provided front, side, and rear yards are increased above
the minimum requirements by one (1) foot for each foot of buildings that
exceeds the maximum height allowed.
5. Hotels, motels, sleeping inns and other facilities normally incidental thereto
subject to the following conditions:
a. The maximum length of stay at the facility shall not be greater than
fourteen (14) consecutive days.
b. Kitchen facilities may be allowed for some or all of the guest units,
at the discretion of the Planning Commission, provided that not more than
fifty percent (50%) of the units have such facilities.
c. The minimum floor area of each guest unit shall contain not less
than two-hundred (200) square feet. Each guest unit shall contain a
private rest room.
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d. The minimum lot area shall be one-half (1/2) acre with a minimum
width of seventy-five (75) feet. For any new development containing less
than one (1) acre there shall be at least sixteen hundred (1600) square feet
of lot for each guest rental unit. In no case is a development to exceed 24
total units.
e. Parking shall be provided on-site.
f. The Planning Commission may require a common open space area
of one hundred (100) square feet per unit with tables and seating. This
area may be located in the required setback.
6. Stores selling second hand merchandise, subject to the following: [amended
12/01]
a. The site shall be located within or adjacent to an established, identifiable
commercial corridor.
b. The store will be associated with a bona fied charitable organization, such
as but not limited to 501(c)3 organizations.
7. Business schools, or private schools operated for profit. Examples of private
schools permitted herein include, but are not limited to, the following: dance
schools, music and voice schools, and art studios: [amended 5/02]
c. Parking is required to be provided on the same site as the building. Shared
parking will be allowed, if it is irrevocable, and if it will not consume any
parking needed for a separate use.
8. Contractor’s offices, with associated indoor storage of over five thousand (5,000)
square feet in size. [amended 6/02]
a. All associated storage must be contained within a structure.
b. No toxic, hazardous or noxious materials shall be stored on the site.
9. Live music concert halls, under the following conditions: [amended 8/02]
a. The business will operate in such a manner as to comply with the Noise
Ordinance enacted by the City of Muskegon. No music (either live or
piped) will be permitted outside the building.
b. The business will not be permitted to serve alcohol at any time to any
person.
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c. The business will maintain security staff, both inside and outside the
building, at all times when open to customers. Loitering will not be
permitted on or around the site.
d. The business will not operate between the hours of 3:00 a.m. and 8:00
a.m. No person of 16 years of age or younger will be permitted within the
business after midnight and must directly exit the premises after that time.
e. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.
f. Security lighting will be provided for the site.
10. Self-serve, coin operated, automobile car wash, enclosed in a building.
11. Indoor Theaters [amended 5/04]
a. Parking must be either on site or with an irrevocable shared parking
agreement.
12. Veterinary clinics, without outdoor kennels. [amended 6/05]
13. Antique Shops. [amended 10/05]
14. Accessory buildings and accessory uses customarily incidental to any of the
above Special Land Uses Permitted.
15. Uses similar to the above Special Land Uses Permitted.
SECTION 1102: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the B-2
Convenience and Comparison Business Districts is to allow mixed land uses which are
compatible to each other, while prohibiting nonresidential uses which would not be
compatible or harmonious with residential dwellings.
SECTION 1103: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 10,890 sq. feet.
2. Maximum lot coverage:
Buildings: 70 %
Pavement: 25 %
3. Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
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4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than
three (3) times longer its width.
5. Height Limit:
Maximum height: 2 stories or 35 feet
Minimum height: 2 stories or 35 feet.
Minimum heights are in the form of an "overlay district" on the following
street corridors:
Western Avenue; from Ninth Street to Pine Street.
Clay Avenue; from Seventh Street to Fourth Street.
Pine Street; from Western Avenue to Apple Avenue.
Height measurement: In the case of a principal building, the vertical distance
measured from the average finished grade to the highest point of the roof surface
where the building line abuts the front yard, except as follows: to the deck line of
mansard roofs, and the average height between eaves and the ridge of gable, hip,
and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade
shall be determined by averaging the elevation of the ground for each face of the
building (see Figure 2-4).
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal
structures only).
9. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
Note, setback measurement: All required setbacks shall be measured from the
right-of-way line to the nearest point of the determined drip line of buildings.
[amended 10/02]
10. Zero lot line option: New principal buildings may be erected on the rear lot line
and/or one side lot line provided: [amended 10/02]
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a. The building has an approved fire rating for zero-lot line development
under the building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner
and recorded with the County Register of Deeds and provided to the
zoning administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless
zero-lot-line is employed for a structure or fire access. At least fifty percent of all
required front setbacks shall be landscaped and adjacent to the road right-of-way.
An average minimum greenbelt of 10 feet shall be maintained along each street
frontage. [amended 12/01, amended 10/02]
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ARTICLE IV - R ONE FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
These districts are designed to be composed of low density residential development. The
regulations are intended to stabilize, protect, and encourage the residential character of
the district and prohibit activities not compatible with a residential neighborhood.
Development is limited to single family dwellings and such other uses as schools, parks,
churches, and certain public facilities which serve residents of the district. It is the intent
of these districts to recognize that the City of Muskegon has been developed and platted
with some lots that are smaller than those found in recently urbanized communities, and
the standards in Section 2100 reflect residential development standards that the citizens
of Muskegon find to be compatible.
SECTION 400: PRINCIPAL USES PERMITTED
In R, One Family Residential, Districts no building or land shall be used and no building
shall be erected, structurally altered, or occupied except for one or more of the following
specified uses, unless otherwise provided in this Ordinance;
1. One Family detached dwellings.
2. Home occupations of a non-industrial nature may be permitted. Permissible home
occupations include, but are not limited to the following: [amended 11/02]
a. Art and craft studios, lessons may be given to one client at a time
b. Hair and nail salons, limited to one client at a time
c. Dressmaking and tailoring
d. Tutoring, limited to one student at a time
e. Typing or clerical services
f. Teaching of music or dancing or similar instruction, limited to one client
at a time
g. Offices located within the dwelling for a writer, consultant, member of the
clergy, lawyer, physician, architect, engineer or accountant, limited to one
client/family at a time.
h. All home occupations are subject to the following:
i) The businessperson operating the home occupation shall reside in
the dwelling and only members of the immediate family residing
on the premises may be employed.
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ii) The business shall have a local business license and any other
appropriate licensing or registrations required by local, state or
federal law.
iii) No equipment or process shall be used in home occupations which
creates noise, vibration, glare, fumes, odor, or electrical
interference detectable to the normal senses of persons off the lot.
In the case of electrical interference, no equipment or process shall
be used which creates visual or audible interference with any radio
or television receivers off the premises or causes fluctuations in the
line voltage off the premises.
iv) Explosives, flammable liquids or combustible liquids shall only be
used in compliance with the applicable fire and building codes.
v) Activities involving kilns or welding equipment shall comply with
the applicable fire and building codes.
vi) The outside appearance of the premises shall have no visible
evidence of the conduct of a home occupation.
vii) Home occupations may not serve as headquarters or dispatch
centers where employees come to the site and are dispatched to
other locations.
viii) All activity must be conducted within a preexisting structure. The
home occupation shall not require internal or external alterations or
involve construction features not customarily found in dwellings.
ix) There shall be no exterior display or signage other than that
signage allowed for home occupations under the sign requirements
of this ordinance. [amended 11/00]
x) No goods shall be kept, or sold which are made or assembled off-
site, except as incidental to services rendered.
xi) The primary function of the premises shall be that of the residence
of the family, and the occupation shall not exceed twenty-five (25)
percent of the principal building.
xii) There shall be no outside storage or processing.
xiii) The home occupation shall not involve the routine use of
commercial vehicles for delivery of materials to and from the
premises. There shall be no commercial vehicles associated with
the home occupation, nor parking of more than one (1) business
car, pickup truck or small van on the premises.
xiv) Activities specifically prohibited (but not limited to) include:
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(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]
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.
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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:
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.
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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 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.
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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. Accessory buildings and accessory uses customarily incidental to any of the
above Special Land Uses Permitted.
8. Uses similar to the above Special Land Uses Permitted.
SECTION 402: [RESERVED] [amended 8/01]
SECTION 403: PLANNED UNIT DEVELOPMENT OPTION [amended 12/97]
Planned unit developments (PUDs) may be allowed by the Planning Commission under
the procedural guidelines of Section 2101. The intent of Planned Unit Developments in
the single family residential district is to allow for flexibility in the design of housing
developments, including but not limited to condominium developments and cluster
subdivisions, to allow for the preservation of open space; allow for economies in the
provision of utilities and public services; provide recreational opportunities; and protect
important natural features from the adverse impacts of development.
1. Determination: The Planning Commission, in reviewing and approving a
proposed PUD may allow lots within the PUD to be reduced in area and width
and setbacks below the minimum normally required by this ordinance in return
for common open space where it is determined that the benefits of the cluster
approach will decrease development costs, increase recreational opportunities, or
prevent the loss of natural features. The Planning Commission, in its
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determination, shall consider the densities permitted in the Zoning Ordinance and,
if applicable, the land’s capability to bear the higher density.
2. Basic Requirements:
a. The net residential acreage including improvements and occupied land
shall be calculated by taking the total area of the tract and subtracting, in
order, the following:
1) Portions of the parcel(s) shown to be in a floodplain.
2) Portions of the parcel(s) which are unsuitable for development in
their natural state due to topographical, drainage or subsoil
conditions such as, but not limited to; slopes greater than 15%;
organic, poorly drained soils, and wetlands.
3) Portions of the parcel(s) covered by surface waters.
4) Portions of the tract utilized for storm water management facilities.
b. Undevelopable areas may be used for common open and recreational
areas.
c. No building shall be sited on slopes steeper than 15%, within 100 feet of
any ordinary high water mark, wetland, or on soil classified as being very
poorly drained.
3. Density determination: To determine the maximum number of dwelling units
permitted on the parcel(s) of land, the net residential acreage shall be divided by the
minimum lot size required by the zoning ordinance.
4. Open space requirement: At least 15% of the site shall be set aside as dedicated
common open space. At least one third (1/3) of the common open space shall be
usable open space. The open space and access to it shall be permanently marked and
designed so individuals in the development are not forced to trespass to reach such
recreational or common open spaces.
5. Spacing: The distance between buildings shall not be less than 10 feet and front
setbacks shall not be less than 10 feet. In no case shall an individual dwelling lot be
less than 4,000 square feet.
6. Waterfront: Where a cluster development abuts a body of water, at least 50% of the
shoreline, as well as reasonable access to it, shall be a part of the common open space
land.
7. Utility of common open space: Common open space in any one residential cluster
shall be laid out, to the maximum extent feasible, to connect with other open space
existing or proposed.
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8. Size: Minimum parent parcel size is 21,780 square feet (one-half acre).
9. Bonus units: Where the developer provides additional open space or amenities within
the development, additional density may be granted. A maximum of a 10% unit
bonus may be granted to the development for additional amenities such as: public
trail easements, additional open space, additional common waterfront area, and
additional landscaping.
SECTION 404: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 6,000 sq. feet
2. Density (see definition in Article II): 7 dwelling units per buildable acre.
3. Maximum lot coverage:
Buildings: 50%
Pavement: 10%
4. Lot width: 50 feet (shall be measured at road frontage unless a cul-de-sac,
then measured from setback).
5. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more
than three (3) times longer its width.
6. Height limit: 2 stories or 35 feet.
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).
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10. Side setbacks:
1-story: 6 feet and 10 feet
2-story: 8 feet and 12 feet
Note, setback measurement: All required setbacks shall be measured from the
right-of-way line to the nearest point of the determined drip line of buildings.
[amended 10/02]
11. Zero lot line option: New principal buildings may be erected on the rear lot
line and/or one side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line
development under the building code.
b. The building has adequate fire access preserved pursuant to fire
code requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property
owner and recorded with the County Register of Deeds and
provided to the zoning administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
RECOMMENDATION
Staff recommends approval of the request to rezone the subject properties from B-2 to R-
1 because the request conforms to the goals and recommendation of the City’s 1997
Master Plan 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?
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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.
DETERMINATION
The following motion is offered for consideration:
I move that the request to rezone the property located at 1438, 1446, 1458, 1468, and
1478 Terrace Street from B-2, Convenience and Comparison Business district to R-1,
One 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/Downtown Lakeshore Redevelopment Plan and zoning district
intent.
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Hearing; Case 2006-08: Staff initiated request to amend Section 2334 (#5, a) (Signs) of
Article XXIII of the Zoning Ordinance to allow a building wrap for a building
undergoing construction or major renovation.
BACKGROUND
There are many construction projects taking place, particularly in Muskegon’s downtown
area. Since often there are questions that arise from the public regarding what the nature
of the construction is or who to contact if someone is interested in leasing space, a
suggestion was made to staff regarding some sort of signage for the sites. The large
banner hanging on the Watermark is an example of what could possibly be used. Also
perhaps a “Coming Soon” type of sign with a picture of the future building.
By making a minor change to the sign ordinance, it would make it possible to have some
larger banner type signs, known as “building wraps”. These types of signs would need to
be securely fastened so they aren’t blowing around and causing a safety hazard. A sign
of this type would also need to be removed once the project is completed or a certificate
of occupancy is issued.
The City Attorney has reviewed and approved the proposed language.
NEW LANGUAGE
Deletions are crossed out and additions are bold.
5. Exempt Signs: The following signs, provided such signs are established in a
lawful manner and placed so as not to cause a nuisance or create a safety hazard,
are permitted without a permit: [amended 6/03] [amended 8/05]
a. One real estate sale and "For Rent" or "Lease" or construction sign per
property not exceeding eight (8) square feet in display area when located
within a residential district. For all other districts, one real estate sale and
"For Rent" or "Lease" sign per major bordering street complying with the
standards of Table II. In all districts, a building undergoing
construction or major renovation may have one building wrap
covering no more than 40% of one face of the building bordering a
street. The building wrap must be removed at such time that the
construction or renovation project is complete or a certificate of
occupancy has been issued. All building wraps must be neatly hung,
taut and secure, and may not pose a hazard to public safety.
DELIBERATION
I move that the amendment to Sections 2334 (#5,a), of Article XXIII (Signs), of the
Zoning Ordinance, be recommended to the City Commission for (approval/denial).
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Hearing; Case 2006 09: Staff initiated request to amend Article II (Definitions) of the
Zoning Ordinance to add a definition for “building wrap”.
BACKGROUND
In order to differentiate between a intended use of the typical banner type sign and a
“building wrap”, we need to include a definition for such in the zoning ordinance. This
definitions was acquired from Commissioner Carter, who works in the trade and was able
to supply this for us.
The City Attorney has reviewed and approved this definition.
NEW LANGUAGE
Deletions are crossed out and additions are bold.
Building Wrap – A large “banner-type” display typically composed of pictorial and
text elements which is constructed of reinforced vinyl or porous mesh-like material
and is temporarily attached to one or more exterior walls of a building.
DELIBERATION
I move that the amendment to Article II (Definitions), of the Zoning Ordinance to add a
definition for “building wrap”, be recommended to the City Commission for
(approval/denial).
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Hearing; Case 2006-10: Staff initiated request to amend Section 2323 (#3) (Flood
Hazard Areas) of Article XXIII of the Zoning Ordinance regarding reference numbers for
the Michigan Residential Code and Michigan Building Code.
BACKGROUND
This is basically a clean up item in the Flood Hazard Area of the ordinance. This section
makes reference to two section numbers, one in the Michigan Residential Building code
and one in the Michigan Building Code. These section numbers have changed since the
ordinance was last updated, and may change again when ever the two building codes are
amended by the State of Michigan. Rather than refer to specific sections, the proposed
language merely refers to the “flood-resistant construction requirements” of the two
sections. By making this change, we won’t need to continually amend the zoning
ordinance in the future.
NEW LANGUAGE
Deletions are crossed out and additions are bold.
Changes to Section 2323, (#3): Flood Hazard Areas
3. All new construction and substantial improvement to structures shall be
constructed so that the lowest floor, including basements, for residential structures
shall comply with Section 327 the flood-resistant construction requirements of
the Michigan Residential Code or for non-residential buildings shall comply with
Section 1612 the flood-resistant construction requirements of the Michigan
Building Code.
DELIBERATION
I move that the amendment to Sections 2323 (#3) of Article XXIII (Flood Hazard Areas),
of the Zoning Ordinance, be recommended to the City Commission for (approval/denial).
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OLD BUSINESS
Hearing; Case 2005-41: Staff initiated request to amend Sections 2200, 2201, 2202,
2203, and 2204 (Nonconforming Uses) of Article XXII of the Zoning Ordinance.
BACKGROUND
This section of the ordinance has been a bone of contention in the past regarding some of
its restrictions. The Nonconforming Uses language as it presently exists in the Zoning
Ordinance is somewhat confusing and hard to interpret. Staff has spent several months
reviewing other ordinances and consulting with the City Attorney and other planners
regarding a makeover of the section. It has been “a work in progress”, since I have had
input from so many sources, including Commissioners Davis and Gawron, who at the
Mayor’s request met with staff on several occasions to discuss concerns with the present
ordinance language. Much of the original language from our ordinance has been
incorporated into the new language. I have attempted to put the proposed section in the
usual format with strike-throughs for deleted language and bold for new language. I
have also included a copy of the current ordinance language.
I first looked at Section 2200: Intent. Staff felt that it needed rewording and
clarification. I believe the new language better describes the intention and “spirit” of the
Master Plan to have conformity in our City. While allowing the present nonconforming
uses and structures to exist while practical, it would also gradually eliminate them. The
very existence of a Master Plan by the citizens of the City of Muskegon says loud and
clear that they would like their community developed with a plan in mind and not
continue the nonconforming uses and structures forever.
One of the first changes you may notice is nonconforming lots, uses of land, and
structures are now separated into their own sections. I believe this will make reading and
interpreting of the section much easier. Nonconforming lots were not previously
addressed. In the past, zoning staff was applying these conditions when determining if a
lot was conforming or “buildable”, but there was no written language that supported this
in the ordinance. So I completely reconstructed Section 2201 to address Nonconforming
Lots only, with all new language. Some portions of Section 2201 have been incorporated
into Section 2202.
One area of the ordinance that has raised many questions was regarding Section 2202:
Elimination of Nonconforming Uses. There seems to be many opinions on what length
of time a nonconforming use should be allowed to continue once the use has ceased. Our
present ordinance allowed up to two years. Some other municipal ordinances only
allowed six months, but the most common was a one-year time frame. Our ordinance is
the most liberal with its time of two years (current language Section 2202, #1). After
discussion with other staff members, I left the two-year time period in the revised
language (Section 2202, #5, new language), but it may be worth considering shortening
the time period. Number 3 (a-d) in this section gives Planning Commission some
guidelines on which to base their decision regarding expansion of nonconforming uses of
land. Number 5 would give guidelines to determine if a nonconforming use had been
abandoned.
Another problem section of the ordinance that has raised many concerns has been Section
2203, #2 (current ordinance). It referred to a structure that was “damaged by fire, wind,
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civil disobedience, or an Act of God or the public enemy”. The language refers to the
fact that those buildings may be repaired or rebuilt so long as “such structural alteration
or structural repairs shall not exceed fifty (50) percent of the replacement cost of such
building”. Upon researching other ordinances in the West Michigan areas, as well as
other parts of the state, staff found that some other ordinances allowed structures to be
rebuilt that were 60% destroyed. This has been incorporated for your review into the
revised section (Section 2203, #6, new language). Much of this section is ordinance
language that was contained in our current ordinance, but pertains to structures, and so
put into the Nonconforming Structures section.
Hopefully, after discussion, debate and probably some revisions on staff’s part, we will
come out of the process with a newly revised section that is much more understandable
by the public, Planning Commissioner, ZBA members, and staff, but retain the “spirit”
of the Master Plan.
The revisions discussed at the January meeting were incorporated into the language.
Staff didn’t remove Section 2202 #6, as former Commissioner Johnson suggested,
because there was no clear direction from the remaining Planning Commissioners to do
so. I still believe leaving it in makes sense and allows some latitude, as long as the use is
moving closer to conformity.
J. Aslakson made a request of staff to inquire if it would be possible for residential
structures only to be rebuilt in the former footprint if the home was destroyed. Staff
asked for an opinion from the City Attorney’s office. The e-mail from Adam
Zuwerink of Parmenter O’Toole is included with this packet. No other changes
were requested, so staff left the proposed ordinance as it was. Another copy is
included.
NEW LANGUAGE
See separate documents included with this packet.
DELIBERATION
I move that the amendments to Sections 2200, 2201, 2202, 2203, and 2204, Article XXII
(Nonconforming Uses), of the Zoning Ordinance, be recommended to the City
Commission for (approval/denial).
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