Planning Commission Packet 04-16-2015

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                                                       CITY OF MUSKEGON
                                                     PLANNING COMMISSION
                                                       REGULAR MEETING

DATE OF MEETING:                       Thursday, April 16, 2015
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 from the regular meeting of March 12, 2015.

 III. Public Hearings

      A. Hearing, Case 2015-06: Request for a Special Use Permit to allow a self-storage facility in a B-
         4, General Business District at 0 Barclay St (property numbers 24-036-400-0007-00, 24-036-400-
         0014-20, 24-036-400-0014-30), by Thaddeus Kling and Exit Your Way, LLC.

      B. Hearing, Case 2015-07: Request for several amendments to the Planned Unit Development
         (including but not limited to lot configurations, building height requirements and the removal of
         street lighting) at 650 Terrace Point Dr, by Terrace Point Landing, LLC.

      C. Hearing, Case 2015-08: Staff initiated request to amend Section 2313 (Community Gardens) of
         the zoning ordinance and replace it with an urban farming ordinance.

 IV. New Business

  V. Old Business

     A. Zoning Ordinance Draft Review
 VI. Other

 VII. Adjourn

                                   AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE
                                 CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES

      The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes
       of printed materials being considered at the meeting, to individuals with disabilities who want to attend the meeting, upon twenty-four hour
        notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by
                                                              writing or calling the following:

                                                        Ann Marie Cummings, City Clerk
                                                                933 Terrace Street
                                                              Muskegon, MI 49440
                                                                 (231) 724-6705
                                       TTY/TDD: Dial 7-1-1 and request that a representative dial 231-724-6705


                                                                           1
                                         CITY OF MUSKEGON
                                       PLANNING COMMISSION
                                          SPECIAL MEETING
                                              MINUTES

                                              March 12, 2015

Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.

MEMBERS PRESENT:             T. Michalski, B. Mazade, S. Wisneski, J. Doyle, L. Spataro, S. Gawron, F.
                             Peterson

MEMBERS ABSENT:              B. Larson, excused; B. Smith, excused

STAFF PRESENT:               M. Franzak, D. Renkenberger

OTHERS PRESENT:              J. Bossenbroek, 900 3rd St.; J. Sytsema, 737 E. Apple Ave.

APPROVAL OF MINUTES

A motion that the minutes of the special meeting of February 25, 2015 be approved, was made by S.
Wisneski, supported by J. Doyle and unanimously approved.

PUBLIC HEARINGS
Hearing, Case 2015-05: Request for a Special Use Permit to allow a crematory in a B-4, General Business
district at 773 E. Apple Ave, by Sytsema Properties, LLC. M. Franzak presented the staff report.
Crematories are allowed as a Special Land Use in B-4, General Business Districts. There are two buildings
on this parcel. The crematory would be installed at 773 E. Apple, the building to the east on the property.
The nearest residential unit to this building is about 150 feet away. A map was provided to board members
showing how many properties were within 300 feet of the subject property. The applicant is proposing to use
a Facultatieve model of crematory. Notice was sent to properties within 300 feet of the property. J. Nanzer
of 746 E. Isabella called to say that he is opposed to the request. He was concerned with pollution of the
night sky.
B. Mazade asked if the Planning Commission could approve the equipment used. M. Franzak stated that
they could; Sytsema’s planned to use the same type of equipment that was presented in their proposal at the
January 2015 meeting. L. Spataro asked if there were any changes from the January proposal. J.
Bossenbroek stated that there were no changes. They had applied to the state for the necessary permits, and
had a representative from Facultatieve Technologies on hand to answer any questions. Board members
concurred that enough information was presented at the earlier meeting and had no further questions.
A motion to close the public hearing was made by S. Wisneski, supported by F. Peterson and unanimously
approved.

A motion that the special land use permit, per Section 2203 of Article XXII of the Zoning Ordinance, to
allow a crematory at 737 East Apple Avenue, in a B-4, General Business district, by Sytsema Properties,
LLC be approved based on compliance with the City’s Master Land Use Plan and conditions set forth in
Section 2203 of the City of Muskegon Zoning Ordinance, with the condition that the type of crematory
equipment to be installed is that from Facultatieve Technologies which was presented at the January 2015
                                                     2
Planning Commission meeting, was made by L. Spataro, supported by S. Wisneski and unanimously
approved, with T. Michalski, B. Mazade, S. Wisneski, J. Doyle, L. Spataro, S. Gawron, F. Peterson voting
aye.

Hearing, Case 2015-03: Request for final Planned Unit Development approval for a multi-family housing
development at 30 E. Clay Ave, 4 W. Clay Ave and 48 E. Western Ave, by General Capital Group. M.
Franzak stated that he received word that the applicants had met with the Michigan State Housing
Development Authority (MSHDA) and had decided not to pursue the project at this time.

NEW BUSINESS

None


OLD BUSINESS

None


OTHER


There being no further business, the meeting was adjourned at 4:08 p.m.




                                                     3
                                              STAFF REPORT
                                               April 16, 2015

Hearing, Case 2015-06: Request for a Special Use Permit to allow a self-storage facility in a B-4, General
Business District at 0 Barclay St (property numbers 24-036-400-0007-00, 24-036-400-0014-20, 24-036-400-
0014-30), by Thaddeus Kling and Exit Your Way, LLC.

STAFF OBSERVATIONS
   1. The current lot configuration of this area is split into four parcels (please see map on following
      pages). The first page of the site plan shows a proposed survey that splits the lots so that there will be
      three separate parcels in front, with a 66’ ingress and egress drive to the north of the property. This
      easement will give access to the residentially zoned parcel in the back.
   2. There are two property owners involved in this project. Exit Your Way, LLC and Thaddeus J Kling.
      Exit Your Way, LLC owns the southernmost parcel and the residentially zoned parcel in the back
      (west). The residentially zoned parcel in the back was approved as a residential PUD, however, the
      project failed and the time frame for the PUD has passed. The owner of the PUD parcel has given a
      written statement to the Planning Department that he acknowledges that the PUD has expired.
   3. Mini storage facilities are allowed as a Special Use Permitted in B-4 districts, under certain
      conditions (listed below under ordinance excerpt). This plan does not meet the following
      requirements:
          a. Direct access to a major thoroughfare (although it is located just off of Sherman Blvd).
          b. Only four parking spaces provided, none of them located in Phase 1.
          c. Lighting is not depicted.
   4. The required 10 foot landscaping berm is shown in the front of the property. However, staff
      recommends that the rear of the property be landscaped as well, with large canopy and coniferous
      trees, to screen the property from future residential properties to the west.
   5. Notice was given to property owners within 300 feet of the property. Staff has not received any
      comments at the time of this writing.

                                         Looking west from Barclay St




                                                       4
Ordinance Excerpt:
Section 1301: Special Land Uses Permitted in B-4 Districts:

8.     Mini Storage (warehouse facilities); (amended 10/98)

           a.     The parcel shall have direct access to a major thoroughfare.

           b.     One (1) parking space shall be provided for each twenty (20) rental units within the
                  buildings, and one (1) parking space shall be provided for each employee on site.

           c.     Between warehouses, there shall be a minimum of twenty five (25') feet for internal
                  access drives. Traffic direction and parking shall be designated by signaling or
                  painting.

           d.     The lot area used for parking and access shall be provided with a permanent, durable,
                  dustless surface and shall be graded and drained so as to dispose of all surface water.

           e.     All lighting shall conform to section 2319 of this ordinance.

           f.     A ten foot landscaped berm shall be required in the front setback of areas adjacent to
                  any residential zone or use.

           g.     Retail, wholesale, fabrication, manufacturing, or service activities may not be
                  conducted from the storage units by the lessees.

           h.     Storage of goods shall be limited to personal property with no commercial distribution
                  allowed and no operation which requires the regular delivery or pick-up of goods in
                  truck in excess of one and one-half (1.5) ton rated capacity shall be permitted.

           i.     All storage shall be within the enclosed building area. There shall be no outside
                  storage or stockpiling.

           j.     No storage of hazardous, toxic, or explosive materials shall be permitted at the facility.
                  Signs shall be posted at the facility describing such limitations.




                                                  5
                   Current Parcel Map




Zoning Map (proposed lot reconfiguration outlined in blue)




                            6
                                                 Aerial Map




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:

                                                       7
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 of Article XIII of the Zoning Ordinance, to allow a
mini storage facility at 0 Barclay St (property numbers 24-036-400-0007-00, 24-036-400-0014-20, 24-036-
400-0014-30), by Thaddeus Kling and Exit Your Way, LLC be (approved/denied/tabled), based on
(compliance/lack of compliance) with the City’s Master Land Use Plan and conditions set forth in Section
2203 of the City of Muskegon Zoning Ordinance (based on the following conditions--only if approved):

   1.   On-site parking is provided.
   2.   Lighting, with 100% cutoff, is shown on the site plan
   3.   Landscaping with canopy and coniferous trees is added to the rear of the property.
   4.   The lot is split to reflect the proposed survey, which gives a 66’ easement to lot #24-746-000-0000-
        00.




                                                       8
Hearing, Case 2015-07: Request for several amendments to the Planned Unit Development (including but
not limited to lot configurations, building height requirements and the removal of street lighting) at 650
Terrace Point Dr, by Terrace Point Landing, LLC.

STAFF OBSERVATIONS
   1. The applicant has requested several small revisions to the plan, including lot configurations, setback
      definitions and maximum building height. He was also requesting the elimination of street lights and
      instead having porch lights on every property. Staff recommended against the elimination of the
      street lights. The applicant has since decided that he will install six street lights, in 250 intervals,
      throughout the property. Staff is comfortable with the amount of lighting proposed. Please see the
      enclosed materials on the proposed street lights.
   2. Lots 12-17 have been reconfigured to provide more buildable lots.
   3. The plan has been revised to clarify the side yard setback requirements with regard to eaves,
      uncovered steps, chimneys, etc. These items would be able to have only a 3 foot side yard setback,
      compared to a 5 foot setback for all other parts of the homes. Please note that there is a typo on #28 of
      the Sears Architects document. It should read that these items “may encroach into all side yard
      setbacks.”
   4. The plan also clarifies rear yard setback requirements with regard to waterfront vs interior lots.
      Waterfront lines must be placed inside the 100 year floodplain and interior lots must be setback at
      least 15 feet from the rear property line.
   5. The plan has been revised to reflect a maximum building height of 45 feet and maximum number of
      three stories, not including roof decks and access to them. The plan was previously approved for a
      maximum of two stories and 35 feet.




MOTION FOR CONSIDERATION
I move that the amendment to the final PUD for a residential development at 650 Terrace Point be
(approved/denied) pursuant to the determination of (compliance/lack of compliance) with the intent of the
                                                     9
City Zoning Ordinance and City Master Land Use Plan with the following conditions:

   1. Consumers Energy must prepare the street light plans and install as part of the City’s street light
      system.
   2. The plan be revised to delete sections regarding the removal of the street lights and the addition of
      porch lights.




                                                     10
Hearing, Case 2015-08: Staff initiated request to amend Section 2313 (Community Gardens) of the zoning
ordinance and replace it with an urban farming ordinance.

STAFF OBSERVATIONS
   1. The proposed ordinance has been revised since the last revision was emailed in March.
   2. The proposed ordinance would allow community gardens to sell commercially without being
      considered a farm as long as the profits from the sales are put back into the organization that benefits
      the community. Urban Commercial Farms are strictly for-profit ventures.
   3. Community Gardens are principal uses permitted in B-1, B-5, MC, and all residential zones. This
      means that there will not be any special approvals necessary, unless it is being done on city property
      (maintenance agreement). Urban Commercial Farms would be allowed in the same districts, but
      would be required to obtain a Special Use Permit from the Planning Commission. This would
      involve a public hearing and the neighbors within 300 feet of the property would be notified. Also,
      Urban Commercial Farms may only be an accessory use to a property and must be located on a
      property that already has a house or a business. Urban Commercial Farms would not be allowed on
      vacant parcels. Community Gardens are allowed on vacant parcels.
   4. On site sales would not be allowed unless the Community Garden or Urban Commercial Farm is
      located in a district that allows for commercial sales of goods.


DELIBERATION
I move that the proposed amendment to Section 2313 of the City of Muskegon Zoning Ordinance, to replace
the community gardens ordinance with an urban farming ordinance, be recommended to the City
Commission for (approval/denial).




                                                     11
                                         City of Muskegon
                                    Muskegon County, Michigan
                                  Ordinance Amendment No. _____

THE CITY OF MUSKEGON HEREBY ORDAINS:

Article XXIII, Section 2313, Community Gardens, of the City of Muskegon Zoning Ordinance is
amended in its entirety as follows.

SECTION 2313: COMMUNITY GARDENS, PRIVATE GARDENS, AND URBAN
COMMERCIAL FARMS

1. Definitions. For purposes of this ordinance, the following terms shall have the meanings given to
   them in this section as follows:

   A. Commercial Farming means the sale of any amount, without any minimum threshold, of an
      agricultural product cultivated on an Urban Commercial Farm or Community Garden.
   B. Community Garden means a vacant parcel of land or vacant portion of a parcel of land that is
      divided into plots for cultivation of fruits and vegetables, plants, flowers or herbs by more
      than one individual and/or group. The land may or may not be owned by a participating
      member of the community garden group.
   C. Cold Frame means transparent-roofed enclosure, built low to the ground, used to protect
      plants from adverse weather. The transparent top admits sunlight and prevents heat escape
      via convection that would otherwise occur, particularly at night. Essentially, a cold frame
      functions as a miniature greenhouse to extend the growing season.
   D. Compost means relatively stable decomposed organic matter for use in agricultural and other
      growing practices, usually consisting of materials such as grass, leaves, yard waste, worms,
      and also including raw and uncooked kitchen food wastes, but specifically excluding bones,
      meat, fat grease, oil, raw manure and milk products.
   E. Farm Animals means all animals traditionally found or used on an operating farm, including
      but not limited to, horses, sheep, goats, cows, chickens, donkeys, turkeys and alpaca.
   F. Farm Coordinator means an Urban Commercial Farm or Community Garden’s designated
      liaison to the city.
   G. Farm Equipment and Tools means those pieces of machinery and tools used to prepare the
      soil, cultivate produce, fertilize, harvest, etc., including but not limited to, tractors, rototillers,
      rakes, shovels, hoes, fertilizer, pesticide and herbicide spreaders and sprayers, etc.
   H. Greenhouse means a building or structure whose roof and sides are made largely of glass or
      other transparent or translucent material and in which the temperature and humidity can be
      regulated for the cultivation of plants.
   I. Hoop house means an unheated structure whose roof and sides are made largely of
      transparent or translucent material (not glass) for the purpose of the cultivation of plants
      inside.
   J. Orchard means the establishment, care, harvesting of a group of more than ten (10) fruit or
      nut bearing trees.
   K. Private Garden means an accessory use where the owner or tenant grows and harvests food
      crops and/or non-food crops for personal use by the owner or tenant of the land.
   L. Rainwater Catchment System means a method of catching rainwater runoff from the roof of a
      structure into rain gutters that channel into a rain barrel, drum or cistern.
   M. Urban Commercial Farm means land used for the cultivation of fruits and vegetables, plants,
      flowers or herbs for sale or profit. It is an accessory use on a residential or commercial
      property requiring a special use permit and business license.

2. Agricultural Uses

   The agricultural uses of Community Gardens, Private Gardens and Urban Commercial Farms are
   limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and
   tillage of soil and the production, cultivation, growing and harvesting of any agricultural,
   floricultural, or horticultural produce. Farm animals, including livestock, are prohibited.

   The agricultural uses of Community Gardens, Private Gardens and Urban Commercial Farms
   shall not be detrimental to the physical environment or to the public health and general welfare
   by reason of excessive production of noise, smoke, fumes, vibrations, odors, chemical or
   biological pollutants.

3. Property Maintenance

   A. Property used for Community Gardens, Private Gardens and Urban Commercial Farms shall
      be maintained in an orderly and neat condition, free of high grass (with the exception of
      purposely cultivated native species, which shall be allowed), noxious weeds, or debris. Dead
      garden plants shall be removed regularly, and in any instance, no later than November 30th of
      each year.
   B. Plants from cultivated areas shall be prevented from encroaching onto adjacent properties or
      onto the public right-of-way.
   C. Seeds and harvested crops on site shall be stored so as not to attract animals.
   D. Compost must be maintained and stored to avoid any odor reaching neighboring property.
   E. Fencing is permitted, but requires a development permit from the city, and must comply with
      existing fencing rules and regulations.

4. Applicable Laws

   Community Gardens, Private Gardens and Urban Commercial Farms shall comply with all
   applicable local, state and federal regulations.

5. Site Plan Requirements

   A Site Plan is required for all Urban Commercial Farms and Community Gardens.
   The Farm Coordinator shall submit a site plan to the Zoning Administrator for approval prior to
   beginning a Community Garden or Urban Commercial Farm. The site plan must include the
   following:

   A. The name of the Farm Coordinator.
   B. The project address.
   C. The project name (if any).
   D. The legal owner of the parcel(s). If the Community Garden or Urban Commercial Farm is a
      tenant, include the length of the current lease.
   E. Gross site area of parcel(s) to be used, including dimensions.
   F. Location of the following: principal and accessory structures, crop areas, fencing and walls,
      ingress and egress, loading areas, compost piles, trash containers and dumpsters, signage,
      restroom facilities (if any), and all bodies of water and wetlands adjacent to or in the
      immediate vicinity of the parcel(s).
   G. A narrative description generally describing the following, as applicable:
        i. The types, methods of application, storage of proposed pesticides, herbicides, fertilizers,
           and any other chemicals that will be used.
       ii. The type of machinery and equipment proposed and description of the noise, vibration,
           smoke, odor, dust, dirt that may be a nuisance to surrounding properties.
      iii. Evaluation of existing soil conditions and plans to mitigate soil issues, as necessary.

6. Community Gardens and Urban Commercial Farms

   Community Gardens are intended to bring citizens together to work collaboratively in growing
   food for their personal use or donation, or sales to generate income for garden activities that
   benefit the community; to promote education with regard to agriculture, provide a positive
   communal environment for children and adults living nearby and an opportunity for volunteer
   work among participants. Community Gardens are not intended to be for-profit commercial
   farming operations. Urban Commercial Farms, on the other hand, are intended to be for-profit
   commercial farming operations, operated by an individual or a single group.

   Community Gardens are a principal use permitted in B-1, Limited Business; B-5, Governmental
   Business; MC, Medical Care; and all Residential (R-1, RT, RM-1, RM-2, RM-3) zoning districts.

   Urban Commercial Farms are a Special Land Use permitted in B-1, Limited Business; B-5,
   Governmental Business; MC, Medical Care; and all Residential (R-1, RT, RM-1, RM-2, RM-3)
   zoning districts.

   Community Gardens and Urban Commercial Farms are permitted in their respective Zoning
   Districts subject to the following conditions:

   A. Each Community Garden and Urban Commercial Farm shall have a Farm Coordinator
      designated as its liaison to the City. The Coordinator’s name and contact information shall be
      given to the Zoning Administrator.
   B. No on-site sales shall be permitted, unless the produce is grown on a site where sales of
      produce are already permitted under the zoning laws, such as a grocery store or restaurant.
   C. The Community Garden or Urban Commercial Farm must be designed and maintained so
      that water, chemicals, dirt, mud or fertilizer will not drain into the streets, alleys or adjacent
      properties. Any use of pesticides or fertilizers must comply with applicable state or federal
      regulations.
   D. Setback Requirements must be met:
          a. Buildings and accessory structures must comply with the setback, height and size
              requirements of the zoning district in which the garden or farm is located.
          b. Rain barrel systems, crop areas, and planting beds must be set back at least five (5)
              feet from all property lines. This may be reduced to three (3) feet within the presence
              of a fence.
          c. Orchards and all crops reaching a height of five (5) feet at maturity shall be set back
              at least fifteen (15) feet from all property lines. The side and back setbacks may be
              reduced to five (5) feet within the presence of a fence.
          d. The required setback areas must be covered with ground plants, which may include
              native or ornamental grasses and low ornamental plantings. Mulch may also be used
              as an appropriate ground covering except in the first five (5) feet of the front setback.
          e. Compost areas or waste bins must be less than sixteen (16) square feet in size and
              must be set back at least ten (10) feet from all property lines and at least twenty (20)
              feet from the nearest principal residential structure.
   E. On-site amenities like picnic tables, garden art, benches, and bike racks are permitted as long
      as they meet setbacks requirements, do not obstruct the clear vision at drives or intersections,
      and do not create a nuisance for neighboring properties.
   F. Community Gardens on vacant parcels may erect a hoop house or greenhouse as a primary
      structure.
   G. No water or irrigation wells may be installed unless by a state-licensed well-drilling firm, and
      with approval and necessary permit from the city and county. All groundwater wells located
      on city property must be removed by the responsible group, at their expense, when the garden
      is no longer in use.
   H. Oats, wheat and rye may be used as a winter cover crop, but not grown to full maturity in any
      season.
   I. Trash receptacles shall be located to the rear of the property unless the Department of Public
      Works determines that another location creates less impact on the adjacent properties.
   J. Lighting, if provided, shall be shielded so that all directly emitted light falls within the
      property.
   K. Farm equipment, tools, supplies, and machinery shall be stored in an enclosed structure or
      removed from the property daily. All chemicals and fuels shall be stored off of the ground, in
      an enclosed, locked structure when the site is unattended.
   L. Tractors and other diesel generated motorized vehicles within a residential zoning district
      shall be restricted to hours beginning at 8:00a.m. and ending at 8:00p.m
   M. Temporary restroom facilities are permitted only during the growing season from April 15th
      through October 15th. The facilities shall be screened on at least three (3) sides from public
      view by fencing, structures or plantings of sufficient height.

7. Business License for Commercial Farming

   All Urban Commercial Farms and those Community Gardens wishing to engage in Commercial
   Farming through the sale of any agricultural products must first obtain a business license through
   the City. Community Gardens that do not engage in Commercial Farming are not required to
   obtain a business license.

8. Private Gardens

   A. Private Gardens are permitted uses in all zoning districts.

   B. Commercial Farming, i.e., the sale of any agricultural products yielded, from a Private
      Garden is prohibited.

   C. No Site Plan is required for a Private Garden.

   D. The requirements outlined above in Section 6 for Urban Commercial Farms and Community
      Gardens do not apply to Private Gardens.


This ordinance adopted:
        Ayes: ______________________________________________________________
        Nays: _______________________________________________________________

Adoption Date: _________________________
Effective Date: _________________________
First Reading: _________________________
Second Reading: ________________________

                                                              CITY OF MUSKEGON

                                                              By____________________________
                                                              Ann Cummings, MMC
                                                              City Clerk
                                          CERTIFICATE

         The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on
the______ day of________ , 2015, at which meeting a quorum was present and remained throughout,
and that the original of said ordinance is on file in the records of the City of Muskegon. I further
certify that the meeting was conducted, and public notice was given, pursuant to and in full
compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were
kept and will be or have been made available as required thereby.


DATED:_____________ , 2015
                                                      _____________________________________
                                                      Ann Cummings, MMC
                                                      Clerk, City of Muskegon

Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
                                             CITY OF MUSKEGON
                                            NOTICE OF ADOPTION


                                    [TO BE COMPLETED after adoption]

TO: ALL PERSONS INTERESTED

        Please take notice that on ___________________, 2014, the City Commission of the City of
Muskegon adopted an amendment to Article XXIII, Section 2313, Community Gardens, of the of the
City of Muskegon Zoning Ordinance, whereby the section was replaced in its entirety with the
following:

         Section 2313 was renamed “Community Gardens, Urban Farms and Private Farms”

1. Section 1 defines the terms used in the ordinance.

2. Section 2 describes the Agricultural Uses are limited to growing and harvesting agricultural,
floricultural or horticultural produce. No farm animals are permitted.

3. Section 3 outlines basic Property Maintenance standards for properties engaged in Agricultural
Uses.

4. Section 4 states that Community Gardens, Private Farms and Urban Commercial Farms shall
comply with all applicable local, state and federal regulations.

5. Section 5 outlines the requirements for the site plans all Community Gardens and Urban
Commercial Farms must submit for approval to the Zoning Administrator.

6. Section 6 requires each Community Garden and Urban Farm to

7. Section 7

8. Section 8


       Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the
City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.

         This ordinance amendment is effective ten (10) days from the date of this publication.

                                                                 CITY OF MUSKEGON

Published: _________________, 2014                               By: ______________________________
                                                                 Ann Cummings, MMC, Its Clerk

------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE

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