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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, January 15, 2009
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 regular meeting of December 11, 2008.
III. PUBLIC HEARINGS
A. Hearing; Case 2009-01: Request to amend a Special Land Use Permit, per
Section 1701 (#11) of article XVII (OSR, Open Space Recreation Districts) of the
Zoning Ordinance to request a banquet facility be added to the original approval
for a museum in an OSR district at 3800 Bluff and 1260 Browne Streets, by
John Hughes, Hughes Builders, Inc.
IV. OLD BUSINESS
A. Hearing; Case 2008-23: Staff-initiated request to rezone the property located at
1221 W. Laketon Avenue from RM-2, Medium Density Multiple Family
Residential District to R, One Family Residential District – Tabled from the
September 2008 meeting.
V. OTHER
VI. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE
CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing
impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities who want to
attend the meeting, upon twenty-four hour notice to the City of Muskegon. Individuals with disabilities requiring auxiliary
aids or services should contact the City of Muskegon by writing or calling the following:
Ann Marie Becker, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
January 15, 2009
Hearing; Case 2009-01: Request to amend a Special Land Use Permit, per Section 1701 (#11)
of article XVII (OSR, Open Space Recreation Districts) of the Zoning Ordinance to request a
banquet facility be added to the original approval for a museum in an OSR district at 3800 Bluff
and 1260 Browne Streets, by John Hughes, Hughes Builders, Inc.
BACKGROUND
Applicant: John Hughes, Hughes Builders, Inc.
Property Address/Location: 3800 Bluff and 1260 Browne Street
Request: Amendment to the Special Land Use permit to allow for a
Banquet facility in addition to the museum
Present Land Use: Museum
Zoning: OSR, Open Space Recreation
STAFF OBSERVATIONS
1. The subject property is the location of the Great Lakes Naval Memorial and Museum, which
presently has a special land use permit to allow a museum.
2. Properties to the Northeast are zoned R-1, One Family Residential, to the South the zoning is
LR, Lakefront Recreation, and to the west is zoned OSR Open Space Recreation.
3. A special land use permit was granted by the Planning Commission in September 2005. The
site plan was approved by the Planning Commission in October 2006 for construction of a
new museum building, which is nearing completion. When the special land use permit was
granted, several board members were present and spoke to the request. M. Fazakerley stated
that “it would be all exhibits and offices”.
4. Hughes Builders recently applied for permits for a kitchen and banquet hall. They were
denied those permits until this request could be present to the Planning Commission for
approval.
5. Staff’s biggest concern is the additional parking that would be required for this use. The
original site plan showed 44 parking spaces. The revised site plan shows an additional 16
spaces. There have been 19 spaces added along the sea wall, however 3 of those spaces
contain light poles and wouldn’t allow a car to park there. This area would also require one-
way traffic, and there is not adequate maneuvering space for two way traffic.
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6. The banquet hall would require an additional 155 spaces. The applicant has a couple of
suggestions as to where these extra spaces could come from, but it would be up to Planning
Commission to decide if those alternatives are acceptable. Parking is required to be within
300 feet of the property and an irrevocable parking agreement must be in place with whom
ever owns the property where the parking is located. One such area involves an unpaved
area located along the channel wall which currently is public parking often used by fishermen
and others. Another possible alternative suggested by the applicant involved the use of a
shuttle service between the nearby Marion Drake Elliot Park. Staff is not sure if the park is
within 300 feet, as required by the zoning ordinance. Both of these areas are City owned
properties, and open to the public. The park also closes at 10 p.m.
7. Planning Commission may want to impose hours of operation for the banquet hall, if they are
so inclined to approve the request. There are many residences close by the site that may be
disturbed by noise and traffic if events were held late at night.
8. Currently, the property owners haven’t complied with the approved site plan. The
landscaping is not yet in place, and the dumpster is not screened, as shown on the site plan.
9. The Fire and Engineering Departments, along with the DPW have no issues with this request.
10. An e-mail received from Mary Doctor, 3532 Fulton Avenue, expressed concerns regarding
noise from music provided at wedding receptions, etc. Ken Banstra, 3710 Channel View,
phoned to express his concerns with alcohol service on the site. He didn’t have a problem
with the banquet hall, just serving of alcohol. He also would prefer that if the use is allowed,
it be required to shut down by 10 p.m.
Front view of museum building. View of current parking lot.
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Proposed parking area along channel wall. Proposed near-by parking area owned by City.
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ORDINANCE EXCERPTS
SECTION 1701: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted
under the purview of Section 2332 after review and approval of the use (and a site plan, if
required) by the Planning Commission, after Public Hearing, subject to the applicable
conditions, and any other reasonable conditions imposed by the Planning Commission:
1. Country clubs.
2. Marinas for the berthing and servicing of boats, but without major repair or
storage facilities.
3. Public and private utilities and services.
4. Seasonal, recreational, campers and trailer parks, and facilities.
5. Amusement facilities excepting outdoor theaters, adult theaters, and adult
bookstores.
6. Seasonal or year-round craft shops.
7. Conference and reception auditoriums.
8. Galleries and museums.
9. Open air amphitheaters.
10. Restaurants and cocktail lounges.
11. Any other similar uses or activity requiring buildings or structures.
12. Accessory buildings and accessory uses customarily incidental to the above
Special Land Uses Permitted.
13. Uses similar to the above Special Land Uses Permitted.
RECOMMENDATION
The 1997 Master Plan Future Land Use Map identifies the property as “Public/Quasi Public”.
Based on compliance with the 1997 Master Plan, staff recommends approval of the request, only
if adequate additional permanent parking can be provided within 300 feet.
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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 1701 (8) of Article XVII of the Zoning
Ordinance, to allow a banquet hall in addition to the original approval for a museum in an OSC,
Open Space Recreation zoning district at 3800 Bluff and 1260 Browne Streets, by the Great
Lakes Navel Memorial & Museum, be (approved/denied/tabled), based on (compliance/lack of
compliance) with the City’s Master Land Use Plan and conditions set forth in Section 2332 of
the City of Muskegon Zoning Ordinance (based on the following conditions--only if approved):
CONDITIONS
1. Adequate permanent parking is provided within 300 feet. Site plan must be amended in
regard to the extra parking spaces proposed along the channel wall.
2. Signs must comply with those set forth for the Open Space Recreation zoning district.
3. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
4. 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 1-3.
5. The Special Land Use permit document shall be recorded with the register of deeds prior to
occupying the building.
6
OLD BUSINESS
Hearing; Case 2008-23: Staff initiated request to rezone the property located at 1221 W.
Laketon Avenue from RM-2, Medium Density Multiple Family Residential District to R, One
Family Residential District.
Applicant: Planning Staff
Property Address/Location: 1221 W. Laketon Avenue
Request: Rezone from RM-2, Medium Density Multiple Family
Residential District to R, One Family Residential District
Present Land Use: Women’s Residential Shelter
Zoning: RM-2, Medium Density Multiple Family Residential
STAFF OBSERVATIONS
1. The property is a 5.63 acre parcel that presently contains a building owned and occupied
by Every Woman’s Place.
2. This property was rezoned in September 2007 at the request of Every Woman’s Place
from R-1 to RM-2. Their plans were for a multi-bed expansion to the present facility.
However, it appears that any expansion plans have stalled, and at the request of some
City Commissioners, this rezoning request is now before you.
3. Every Woman’s Place submitted an application to Planning Commission for Site Plan
Review in September 2007, but it was tabled because the site plan was not ready, and was
then eventually withdrawn.
4. If rezoned to R-1, the agency would be able to continue in its present state as a legal non-
conforming use. Any expansion would only be allowed up to 25%, and only with the
permission of the Planning Commission.
5. The properties to the north, south and east are zoned, R-1 and the property to the west is
zoned OSC, Open Space Conservation.
6. The Future Land Use Map shows this property (Sub-Area 6) as “Public/Quasi-Public”.
The Master Plan also states: “It is the goal of the Master Plan to retain the mixed-use
character of Sub-Area 6 and to demonstrate how varying land uses may co-exist, as well
as compliment each other.”
7. Staff has had no comments regarding this request.
8. This request was tabled at the September 2008 meeting.
7
Every Woman’s Place building. Portion of property vacant to the west.
8
ORDINANCE EXCERPTS
ARTICLE VIII - RM-2 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL
DISTRICTS
PREAMBLE
The RM-2 Medium Density Multiple Family Residential Districts are intended to be selectively
planned at locations in the City so as to provide transition between nonresidential areas and One
and Two Family Residential Districts, and between nonresidential areas and the RM-1 Low
Density Multiple Family Residential.
SECTION 800: PRINCIPAL USES PERMITTED
In a RM-2 Medium Density Multiple Family Residential District no building shall be erected,
structurally altered, or occupied except for one (1) or more of the following specified uses,
unless otherwise provided for in this Ordinance:
1. All Principal Uses Permitted in the R One Family Residential Districts, RT Two Family
Residential Districts, and RM-1 Low Density Multiple Family Residential Districts,
subject to the applicable regulations of this District.
2. Accessory uses and accessory buildings customarily incidental to the above Principal
Uses Permitted.
3. Adult Foster Care Large Group Homes. [amended 11/02]
4. Uses similar to the above Principal Uses Permitted.
SECTION 801: SPECIAL LAND USES PERMITTED [amended 2/02] [amended 2/03]
The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission:
1. All Section 601 and 701 Special Land Uses Permitted in the RT Two Family Residential
Districts and RM-1 Low Density Multiple Family Residential Districts, subject to the
applicable regulations of this District.
2. Adult Foster Care Congregate Facilities, provided that such facility shall be at least one
thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]
3. Previously existing or established commercial uses not already converted to a residential
use may be authorized under Special Use Permit for the following [amended 12/99]:
a. Retail and/or service establishments meeting the intent of the neighborhood
Limited Business Zone (B-1) dealing directly with consumers including:
9
1) Any generally recognized retail business which supplies new commodities
on the premises for persons residing in adjacent residential areas such as:
groceries, meats, dairy products, baked goods or other foods, drugs,
drygoods, and notions or hardware.
2) Any personal service establishment which performs services on the
premises for persons residing in adjacent residential areas, such as: shoe
repair, drop-off dry cleaning shops, tailor shops, beauty parlors, barber
shops, dressmaker, tailor, pharmacist, or an establishment doing radio,
television, or home appliance repair, and similar establishments that
require a retail character no more objectionable than the aforementioned,
subject to the provision that no more than five (5) persons shall be
employed at any time in the sale, repair, or other processing of goods.
3) Professional offices of doctors, lawyers, dentists, chiropractors,
osteopaths, architects, engineers, accountants, and similar or allied
professions.
4) Restaurants, or other places serving food, except drive-in or drive-through
restaurants.
b. Prohibited uses: Activities specifically prohibited include repair or service of
motor vehicles and other large equipment; manufacturing processes which would
normally require industrial zoning; any activity which may become a nuisance
due to noise, unsightliness or odor; and any activity which may adversely affect
surrounding property.
c. Conditions: [amended 8/04]
1) Outdoor storage is prohibited.
2) The area devoted to approved uses shall not exceed 2,500 square feet.
3) All goods produced on the premises shall be sold at retail on the premises
where produced.
4) All business, servicing, or processing shall be conducted within a
completely enclosed building, or in an area specifically approved by the
Planning Commission.
5) Parking shall be accommodated on site or with limited street parking.
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
10
sale of alcohol to an SDM, hours of operation, and any other restrictions
intended to stabilize, protect, and encourage the residential character of the
area. The use must gain approval from the Michigan Liquor Control
Commission before alcohol can be or sold.
4. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.
5. Uses similar to the above Special Land Uses Permitted.
SECTION 802: PLANNED UNIT DEVELOPMENT [amended 10/98]
Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the RM-2 Medium
Density Multiple Family Residential District is to allow mixed land uses, which are compatible
to each other, while prohibiting nonresidential uses which would not be compatible or
harmonious with residential dwellings.
SECTION 803: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 14,520 sq. feet.
2. Density (see definition in Article II): 24 dwelling units per buildable acre.
3. Dedicated open space requirement: 15%
4. Maximum lot coverage:
Buildings: 70%
Pavement: 20%
5. Lot width: 125 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
6. Maximum building width: 50% (as a portion of the lot width).
7. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
8. Height limit: 4 stories or 60 feet.
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
building line abuts the front yard, except as follows: to the deck line of mansard roofs,
and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-3).
1. Front Setbacks: [amended 1/05]
11
9.
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Street: 25 feet
Minor Street: 20 feet
10. Rear setback: 30 feet
11. Setback from the ordinary high water mark or wetland: 50 feet (principal structures
only).
12. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
3-story: 12 feet and 16 feet
4-story: 16 feet and 20 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
13. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development under the
building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
14. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
line is employed for a structure or fire access. At least fifty percent of all required front
setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
amended 10/02]
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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.
g. Rental of the tourist home for special gatherings such as wedding receptions and
parties shall be prohibited.
13
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.
ii) The business shall have a local business license and any other appropriate
licensing or registrations required by local, state or federal law.
14
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
(2) A service or manufacturing process which would normally require industrial
zoning
(3) A commercial food service requiring a license
(4) A limousine service
15
(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 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
16
on the premises for persons residing in adjacent residential areas such as:
groceries, meats, dairy products, baked goods or other foods, drugs,
drygoods, and notions or hardware.
2) Any personal service establishment which performs services on the
premises for persons residing in adjacent residential areas, such as: shoe
repair, drop-off dry cleaning shops, tailor shops, beauty parlors, barber
shops, dressmaker, tailor, pharmacist, or an establishment doing radio,
television, or home appliance repair, and similar establishments that
require a retail character no more objectionable than the aforementioned,
subject to the provision that no more than five (5) persons shall be
employed at any time in the sale, repair, or other processing of goods.
3) Professional offices of doctors, lawyers, dentists, chiropractors,
osteopaths, architects, engineers, accountants, and similar or allied
professions.
4) Restaurants, or other places serving food, except drive-in or drive-through
restaurants.
b. Prohibited uses: Activities specifically prohibited include repair or service of
motor vehicles and other large equipment; manufacturing processes which would
normally require industrial zoning; any activity which may become a nuisance
due to noise, unsightliness or odor; and any activity which may adversely affect
surrounding property.
c. Conditions: [amended 8/04]
1) Outdoor storage is prohibited.
2) The area devoted to approved uses shall not exceed 2,500 square feet.
3) All goods produced on the premises shall be sold at retail on the premises
where produced.
4) All business, servicing, or processing shall be conducted within a
completely enclosed building, or in an area specifically approved by the
Planning Commission.
5) Parking shall be accommodated on site or with limited street parking.
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
17
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 %
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:
18
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.
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]
STAFF RECOMMENDATION
Staff recommends approval of the request to rezone the subject property from RM-2, Medium
Density Multiple Family district to R, One Family Residential district, because the request
conforms to the goals and recommendation of the City’s 1997 Master Plan and Future Land Use
Plan and zoning district intent.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
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1. What, if any, identifiable conditions related to the petition have changed which justify
the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might result from the
approval or denial of the petition?
3. What is the impact of the amendment on the ability of the city to provide adequate
public services and facilities and/or programs that might reasonably be required in the
future if the petition is approved?
4. Does the petitioned zoning change adversely affect the environmental conditions or value
of the surrounding property?
5. Does the petitioned zoning change generally comply with the adopted Future Land
Use Plan of the City?
6. Are there any significant negative environmental impacts which would reasonably
occur if the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic sites,
or wildlife areas.
7. Is the proposed zoning change a “Spot Zone”?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those allowed in
the vicinity?
c. Would the zoning change confer a benefit to the property owner that is not
generally available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.
DETERMINATION
The following motion is offered for consideration:
I move that the request to rezone the property located at 1221 W. Laketon Avenue from RM-2,
Medium Density Multiple Family Residential district to R, One Family Residenital district, as
described in the public notice, be recommended for (approval/denial) to the City Commission
pursuant to the City of Muskegon Zoning Ordinance, and the determination of (compliance/lack
of compliance) with the intent of the City Master Land Use and zoning district intent.
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