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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, May 11, 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 March 16, 2006.
IV. PUBLIC HEARINGS
A. Hearing; Case 2006-11: Staff initiated request to dissolve the Special Use
Permit previously granted to Debbie Erickson for a taxi/limousine service at 135
Ottawa Street.
B. Hearing; Case 2006-12: Request for a special land use permit, per section 1301
(1.) of Article XIII, of the zoning ordinance, to allow a used car dealership in a B-
4, General Business zoning district at 135 Ottawa Street, by Mike Welmerink.
C. Hearing; Case 2006-13: Request to amend Section 2321, Article XXIII
(General Provisions) of the Zoning Ordinance to amend the “Overlay District
Established for Wireless Communication Support Facilities”, by Sherri Andrews,
Mandala, LLC.
D. Hearing; Case 2006-14: Staff initiated request to rezone the properties at 1561,
1567, 1575, 1587, 1593, 1597, 1603 Peck Street, and 28 W. Forest Avenue from
RM-1, Low Density Multiple-Family Residential District, to R-1, One Family
Residential District.
E. Hearing; Case 2006-15: Staff initiated request to dissolve the Special Use
Permit previously granted to the Ambassadors Church at 2330 Barclay Street
(Former Moose Lodge).
V. OLD BUSINESS
A. None.
VI. NEW BUSINESS
A. None.
O:\Planning\COMMON\Zoning\Planning_Commission\PC2006\2006 Agendas\pc5-06.doc
VII. OTHER
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\pc5-06.doc
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
May 11, 2006
Hearing; Case 2006-11: Staff initiated request to dissolve the Special Use Permit
previously granted to Debbie Erickson for a taxi/limousine service at 135 Ottawa Street.
BACKGROUND
In May of 2004, the Planning Commission approved a special use permit for a
taxi/limousine service at 135 Ottawa Street. (Pictures and a site map are included with
the following case.) Since that time none of the requirements for the permit have been
met and a new owner has purchased the property with other plans in mind for the
building. Typically we allow 6-12 months for compliance with any conditions of a
special use permit and since two years has elapsed, this special use permit needs to be
dissolved so future development can take place on the site.
RECOMMENDATION
Staff recommends approval of the request.
DETERMINATION
The following motions are offered for consideration:
I move that the special use permit previously granted to Debbie Erickson (Ambu Care)
for a taxi/limousine service at 135 Ottawa Street (be/not be), dissolved, based on the lack
of compliance with any of the requirements for the special use permit within the time
allowed.
Hearing; Case 2006-12: Request for a special land use permit, per section 1301 (1.) of
Article XIII, of the zoning ordinance, to allow a used car dealership in a B-4, General
Business zoning district at 135 Ottawa Street, by Mike Welmerink.
BACKGROUND
Applicant: Mike Welmerink
Property Address/Location: 135 Ottawa Street
Request: Special Land Use Permit for a used car dealership
Present Land Use: Vacant
Zoning: B-4, General Business
STAFF OBSERVATIONS
1. The building on the property in question is presently vacant, however it
previously housed several used car lots in the past, such as Seaway Motors. The
property has been vacant for several years, and was most recently issued a special
use permit in 2004 for a taxi/limousine service (see above case).
2. The applicant wishes to operate a used car dealership out of the building. He has
purchased the building and is in the renovation process.
3. The property is zoned B-4, General Business. Properties to the Northwest are
zoned WM, Waterfront Marine, to the Southwest, the zoning is I-2, General
Industrial and B-4, General Business. The zoning to the East, across Seaway
Drive, is also zoned B-4.
4. Used car lots are allowed in a B-4 under a special land use permit, with
conditions.
a. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet
from the intersection of any two (2) streets. (This is not the case on this
property, so curbing or curb stops must be installed along the street to
limit access along the entire frontage of the property to 60 feet from the
intersection.)
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. (The
applicant’s intent is to only sell used vehicles, not service them.)
5. The applicant has not yet submitted a site plan, but staff has requested that he do
so. It must show the proposed drives, and sales area for the site.
6. Staff has received no comments regarding this request.
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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
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.
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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.
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RECOMMENDATION
The 1997 Master Plan Future Land Use Map identified this property as “Commercial”
Based on compliance with the 1997 Master Plan, staff recommends approval of the
request, subject to the conditions offered below.
DELIBERATION
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
Give due regard to the nature of all adjacent uses and structures and the consistency with
the adjacent use and development.
Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
Adequate water and sewer infrastructure exists or will be constructed to service the
Special Land Use or activity.
The proposed site plan complies with section 2330 of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the special land use permit, per section 1301 (1) of Article XIII of the Zoning
Ordinance, to allow a used car dealership in a B-4, General Business zoning district at
135 Ottawa Street, by Mike Welmerink, be (approved/denied/tabled), based on
(compliance/lack of compliance) with the City’s Master Land Use Plan and conditions set
forth in Section 2332 of the City of Muskegon Zoning Ordinance (based on the following
conditions--only if approved):
CONDITIONS
1. Ingress and egress to the outdoor sales area shall be a least sixty (60) feet from the
intersection of any two (2) streets.
2. 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.
3. A site plan be submitted and approved by the Planning Department. The site plan
shall indicate how condition #1 will be met.
4. Signs must not be erected without a sign permit.
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5. The owner 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 shall become null and void within one year of the
public hearing if the use has not been established or there is a violation of
conditions 1-5.
7. The Special Land Use permit document shall be recorded with the register of
deeds prior to occupying the building.
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Hearing; Case 2006-13: Request to amend Section 2321, Article XXIII (General
Provisions) of the Zoning Ordinance to amend the “Overlay District Established for
Wireless Communication Support Facilities”, by Sherri Andrews, Mandala, LLC.
BACKGROUND
A request has been received from Sherri Andrews, Mandala, LLC representing Verizon
Wireless to amend the zoning ordinance to change one of the established wireless
communication support facilities. This section of the ordinance was adopted in 1997 to
provide for “appropriate areas for the siting of wireless communication antenna, support
facilities and equipment shelters in recognition of the public need and demand for
advanced telecommunication and information technologies and services balanced against
the impacts such facilities may have on properties within the City.” At that time, the
overlay zones were established which created four sites. One of the sites is the City
Department of Public Works building at 1350 E. Keating. The other three sites are
Pulaski Lodge, 871 Pulaski Avenue, City property near the terminus of Yuba Street, and
a portion of the Muskegon Community College campus.
Recently Verizon has been looking for a site for a new tower and approached the City
regarding locating on the DPW site. The Director of Public Works has concerns with the
site for a large tower of this type (see enclosed memo from the Director). He feels the
site is too small and would restrict the best usage of DPW’s property. The proposed new
site at 2301 Harvey Street is located very close to the present DPW site and would serve
the same area that Verizon Wireless is attempting to improve their coverage on. The
proposed site also is the location of several other utilities, including large Consumer’s
Energy towers, which already have at least one cellular antenna located on them. There
would be no impact on any residential properties, since none are located in this area.
Staff has received no comments regarding this case.
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NEW LANGUAGE
Deletions are crossed out and additions are bold.
2. City Department of Public Works, 1350 E. Keating, described as:
E 7.5 acres of NW ¼ of NE ¼ Sec 33 T10N R16W ex N 350 ft thereof also com
@ SW cor of said E 7.5 acres th W 197 ft th N 633.075 ft th E 196.715 ft to W
line of said 7.5 acres then S 632.5 ft to beg.
2. City of Muskegon That Part of NE 1/4 of SE 1/4 Sec 33 T10N R16W Lying S
of Consumers Power Co 100 Ft R/W W Of US 31 State Hwy E Of Relocated
C & O R R R/W & N Of Little Black Creek
DELIBERATION
I move that the amendment to Section 2321 (#2), of Article XXIII (General Provisions),
of the Zoning Ordinance, be recommended to the City Commission for (approval/denial).
10
Hearing; Case 2006-14: Staff initiated request to rezone the properties at 1561, 1567,
1575, 1587, 1593, 1597, 1603 Peck Street, and 28 W. Forest Avenue from RM-1, Low
Density Multiple-Family Residential District, to R-1, One Family Residential District.
BACKGROUND
Applicant: City of Muskegon
Property Address/Location: 1561, 1567, 1575, 1587, 1593, 1597 and 1603 Peck
Street and 28 W. Forest Avenue
Request: Rezone from RM-1, Low Density Multiple-Family
Residential to R-1, One Family Residential
Present Land Use: Residential
Zoning: RM-1, Low Density Multiple-Family Residential
STAFF OBSERVATIONS
1. The properties in question are located on Peck 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” and included the lots previously rezoned on Terrace
Street at the March City Commission meeting.
2. Of the eight houses included in this request, all except 1575 Peck appear to be
single family homes. The property at 1575 Peck is two-unit residential use.
3. Properties to the east and south are RM-1. The properties to the north and west
are zoned R-1.
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. Randy Maki, owner of 1533 Peck, stopped in to the office to say he was very
happy about the rezoning of this block.
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1561 and 1567 Peck Street. 1575 and 1587 Peck Street.
1593 and 1597 Peck Street. 1603 Peck Street.
28 W. Forest Avenue
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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:
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.
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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.
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.
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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:
(1) A service or repair of motor vehicles, appliances and other large
equipment
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(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.
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
17
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 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.
6. Accessory buildings and accessory uses customarily incidental to the above
Special Land Uses Permitted.
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 %
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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).
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.
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d. A maintenance access easement is granted by the adjacent property owner
and recorded with the County Register of Deeds and provided to the
zoning administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
14. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless
zero-lot-line is employed for a structure or fire access. At least fifty percent of all
required front setbacks shall be landscaped and adjacent to the road right-of-way.
An average minimum greenbelt of 10 feet shall be maintained along each street
frontage. [amended 12/01, amended 10/02]
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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 RM-1 to
R-1 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?
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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 1561, 1567, 1575, 1587, 1593,
1597, and 1603 Peck Street and 28 W. Forest Avenue from RM-1, Low Density
Multiple-Family Residential 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 2006-15: Staff initiated request to dissolve the Special Use Permit
previously granted to the Ambassadors Church at 2330 Barclay Street (Former Moose
Lodge).
BACKGROUND
In July 2004, a Special Use Permit was issued to Christopher Sanford, from the
Ambassadors Church, to operate a church on the property. One condition of the Special
Use Permit was that the purchase of the property by the church. That sale did not
happen, and the building is now empty. Staff feels that since the conditions have not
been met in nearly two years that the Special Use Permit should be dissolved. This
action will leave the property free of encumbrances for future development of the
property.
The property owner, Richard Messier, contacted staff to say he was in favor of the
request.
RECOMMENDATION
Staff recommends approval of the request to dissolve the Special Use Permit for 2330
Barclay Street.
DELIBERATION
I move that the Special Use Permit issued to Christopher Sanford of Ambassadors
Church, for 2330 Barclay Street (be/not be) dissolved based on the fact that they have not
complied with any of the requirements for the special use permit, within the time
allowed.
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