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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: June 8, 2010
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 June 9, 2009
III. Election of Chairman and Vice Chairman
IV. PUBLIC HEARINGS
A. Hearing Case 2010-001: Request for a variance from Section 2334: Signs, to allow a sign to
be erected, exceeding the allowed size limit, at 650 Terrace Point Drive, by Jonathon Rooks,
Parkland Acquisitions.
B. Hearing Case 2010-002: Request for a variance from Section 2334: Signs, to allow
placement of an off-premise sign, to be located at 650 Terrace Point Drive. This request is
for the Lake House Restaurant located at 730 Terrace Point Dr., by Jonathon Rooks,
Parkland Acquisitions.
C. Hearing Case 2010-003: Request for a variance from Section 2334: Signs, to allow
placement of an off-premise sign to be located at 650 Terrace Point Drive. This request is for
the Shoreline Inn and Conference Center located at 750 Terrace Point Dr., by Jonathon
Rooks, Parkland Acquisitions.
D. Hearing Case 2010-004: Request for a variance from Section 2334: Signs, to allow
placement of an off-premise sign to be located at 650 Terrace Point Drive. This request is for
the Terrace Point Marina located at 770 Terrace Point Dr., by Jonathon Rooks, Parkland
Acquisitions.
IV. OLD BUSINESS
V. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS 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
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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REVIEW
June 8, 2010
Hearing Case 2010-001: Request for a variance from Section 2334: Signs, to allow
construction of a sign larger than that allowed in Table 1.
BACKGROUND:
Applicant: Jon Rooks, Parkland Associates, LLC.
Property Owner: Same
Property Address(location): 650 Terrace Point Dr.
Zoning: B-2, Convenience and Comparison Business
Current Land Use: Vacant property
Request: A variance request to allow the construction of a free standing sign structure hosting
off-premise signage, which exceeds the allowed maximum area in Table II.
.
STAFF OBSERVATIONS
1. Zoning of adjacent parcels are B-2, Convenience and Comparison Business with WM,
Waterfront Marine to the east and west and B-3, Central Business to the south.
2. This parcel is located between Terrace Point Drive and the railroad tracks running parallel to
Shoreline Dr. with 750 feet of actual road frontage along Terrace Point Dr.
3. The original Terrace Point Drive was aligned with First Street at Shoreline Drive but was re-
routed to align with Third Street in 1993. This change and the subsequent recreation of the
hills eliminated much of the line of sight the three businesses enjoyed for motorists travelling
Shoreline.
4. The free standing signage normally allowed for this parcel would be 200 square feet in area
and the proposed sign is 289 square feet in area.
5. The proposed sign will be in a V configuration with two faces. To qualify as one sign they
must be connected at the center of the V and the least angle of intersection must not exceed
90 degrees.
6. The proposed signage panels are not allocated to specific properties; this will allow any
changes in use by one entity or another to be accommodated, without the need for a new
variance request. Additionally, this would allow all three off-premise entities to have
space/time on the electronic message board, as needs may dictate and the owner desires.
7. If granted, this variance for an additional sign structure would not be considered the one free
standing sign allowed for 650 Terrace Point Dr as long as it is used for off-premise sigange.
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If there is a need for a freestanding sign for a future development at 650 Terrace Point Dr.,
that parcel would still be entitled to one free standing sign of the size allowed by the
ordinance in place at the time of the request.
8. Our ordinance provides for a free standing size allotment which is based upon the linear
frontage of a parcel along the road right of way. This allotment is then calculated using
Table II of the ordinance.
9. Table II is designed to allow an increase in a properties free standing signage allotment for
every ten feet of additional road frontage the property has. The maximum sign allotment
peaks at 470 feet, or more, of linear road frontage, this allows a maximum signage area of
200 square feet, but does not allow larger signage area for properties with the longer
frontages.
10. While this property has visual frontage along Shoreline Drive, there is a city bike path and
railroad right of way between the road and the property line of this parcel. Because of these
properties, the owner may not use this as the road frontage for sign calculations. With the
current Table II there would be no benefit to using this frontage in any case.
11. The proposed sign would be 25 foot 3 inches above the grade, at the point on the site plan
where it will be installed. Under the provisions of Table II the sign could be up to 30 feet in
height above grade. Because of the topography of this parcel, the property owner may not
need to have the sign any higher above grade but could go up to 30 feet above grade.
12. The oversize sign is being requested to accommodate off-premise signage for 3 properties
that are located on the other side of Terrace Point Dr. from this property. Signage installed
on these 3 properties, that would meet our code requirements, would have very limited
visibility due to the topography of the area. All of these properties are currently owned by
the same entity.
13. The fourth panel on the sign will be used by the owner for one of his existing business
properties, but in the future, it could be used to help motorists looking for the former SPX
building. If this became a consideration, the owner of that property would have to seek their
own variance for off-premise signage.
14. The sign structure would contain an electronic message board that would be required to meet
our ordinance requirements, including being required to dim at dusk.
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15. Application Page 2:
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Site Plan:
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ZBA Staff Report.doc
New 1993 Roadway Configuration:
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ZBA Staff Report.doc
Sign Depictions:
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ZBA Staff Report.doc
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ZBA Staff Report.doc
Notification Map:
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Approximate Proposed Sign Location:
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Looking toward SPX Building from Shoreline Dr.:
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ZBA Staff Report.doc
Looking toward Hotel from Shoreline Drive:
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Sign Ordinance Excerpts (emphasis added):
Definitions:
Signs:
7. Double-Face Sign: A sign, both sides of which are visible and used as signs. A "V"
type sign shall be considered a double-face sign provided the least angle of
intersection does not exceed ninety (90) degrees.
B-2 sign Requirements:
4. Permitted signs in the MC, B-2, B-3, B-4, B-5, I-1, and I-2 zones: [amended 1/04,
10/05]
a. Scope: Signs shall pertain exclusively to the business carried on within the
building.
b. Lighting: Signs may be illuminated, but no flashing or moving illumination shall
be permitted.
c. Number: One monument, or pole sign is permitted per property, regardless of
the number of businesses there, except that one additional freestanding sign
may be erected per road frontage when the development has parallel frontage
on at least one major street or corner frontages on at least one major street,
totaling over 500 linear feet. Properties with frontage on Muskegon Lake are
permitted an additional monument or pole sign on the water frontage only.
d. Wall, Awning or Braquet Signs, Size: Signs shall not exceed ten (10) percent of
the surface area of the commercial portion of the front building face and may be
placed on any wall. In the case where the building is over one hundred feet (100’)
from the road, this allotment may be 15% of the front face of the storefront. In
the case where the building is over 300 feet from the road, this allotment may be
20% of the front face of the storefront. In the case where the property has parallel
frontage on at least one major street or corner frontage on at least one major
street, this allotment may be 15% of the front face of the storefront.
e. Wall, Awning or Braquet Signs, Placement: Signs shall be placed against the
principal building or on a canopy. Signs shall not project above the roof line or
cornice. No wall sign shall interrupt or conceal the architectural details of a
building. A sign attached to a mansard shall be considered a wall sign.
f. Changeable copy or electronic message boards: Shall be permitted provided:
1) One changeable or electronic message board shall be permitted per
premise.
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2) Changeable copy boards shall be part of a fixed, permanent sign and
shall have rigid letters.
3) Electronic message boards shall be dimmed at dusk.
4) Electronic message board supports shall be at least seventy-five (75) feet
from any residential use or zone.
g. Free-standing signs:
1) Setback: The leading edge of the sign must be out of the public right-of-
way. Signs must be a minimum of 10 feet from a neighboring sign.
2) Ground clearance: Ground clearance shall accommodate clear vision
needs of the site.
3) Area and Height: All signs shall comply with Table II.
Table II:
TABLE II: Sign Area and Height Limitations
Street Frontage* Maximum Maximum
(linear ft.) Sign Area Height
50 and under 25 15
51-60 34 15
61-70 38 15
71-80 42 15
81-90 46 15
91-100 50 15
101-110 54 15
111-120 58 15
121-130 62 15
131-140 66 15
141-150 70 15
151-160 74 20
161-170 78 20
171-180 82 20
181-190 86 20
191-200 90 20
201-210 94 20
211-220 98 20
221-230 102 20
231-240 106 20
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241-250 110 20
251-260 114 25
261-270 118 25
271-280 122 25
281- 290 126 25
291-300 130 25
301-310 134 25
311-320 138 25
321-330 142 25
331-340 146 25
341-350 150 25
351-360 154 30
361-370 158 30
371-380 162 30
381-390 166 30
391-400 170 30
401-410 174 30
411-420 178 30
421-430 182 30
431-440 186 30
441-450 190 30
451-460 194 30
461-470 198 30
Over 470 200 30
* Resultant parcels from parcel splits shall comply with these standards.
Frontage for corner parcels with frontage on two major streets shall be averaged.
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DETERMINATION:
The following motion is offered for consideration:
I move that the findings of fact determined by the Zoning Board of Appeals be adopted and that
the variance request to allow construction of a 289 sq. ft. free standing sign used for off-
premise signage of adjacent properties, be (approved/denied), based on the following review
standards (found in Section 2502 of the Zoning Ordinance) and subject to conditions:
a. That there are exceptional or extraordinary circumstances or conditions applying to the
property in question or to the intended use of the property that do not apply generally to other
properties or class of uses in the same zoning district.
b. That such dimensional variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other properties in the same zoning district and in the
vicinity.
c. That the authorizing of such dimensional variance will not be of substantial detriment to
adjacent property and will not materially impair the purposes of this chapter or the public
interest.
d. That the alleged difficulty is caused by the Ordinance and has not been created by any person
presently having an interest in the property, or by any previous owner.
e. That the alleged difficulty is not founded solely upon the opportunity to make the property
more profitable or to reduce expense to the owner.
f. That the requested variance is the minimum action required to eliminate the difficulty.
CONDITIONS
1. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.
2. The sign is built as shown on the included depiction with staff being allowed to approve
minor changes that do not enlarge the overall size of the sign.
3. This sign is considered an additional sign for the property and it is not part of the normal sign
allotment, unless, it is no longer being used for off-premise signage.
4. The variance is recorded with the deed to keep record of it in the future.
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Hearing Case 2010-002: Request for a variance from Section 2334: Signs, to allow off-premise
signage to be placed upon a sign structure located at 650 Terrace Point Dr.
BACKGROUND:
Applicant: Jon Rooks, Parkland Associates, LLC.
Property Owner: Same
Property Address(location): 730 Terrace Point Dr.
Zoning: B-2, Convenience and Comparison Business
Current Land Use: Lake House Restaurant (formerly Rafferty’s)
Request: A variance request to allow off-premise signage to be placed upon a sign structure
located at 650 Terrace Point Dr.
.
STAFF OBSERVATIONS
1. Zoning of adjacent parcels are B-2, Convenience and Comparison Business with WM,
Waterfront Marine to the east and west and B-3, Central Business to the south.
2. This parcel is located between Terrace Point Drive and Muskegon Lake.
3. The original Terrace Point Drive was aligned with First Street at Shoreline Drive but was re-
routed to align with Third Street in 1993. This change and the subsequent recreation of the
hills eliminated any of the line of sight this business may have enjoyed for motorists
travelling Shoreline.
4. The free standing signage allowed for this parcel would be 138 square feet in area at a
maximum of 25 feet above grade to the top of a sign, based upon the 315 feet of linear road
frontage staff believes the property has.
5. The signage area to be used for this property was included in a previous variance request and
would be limited by the amount of overall signage approved in conjunction with that request.
6. Because this request is for off-premise signage, this property is still entitled to the allowed
sign allotment for the B-2 zone and the property currently has a small monument style sign
that is in the process of being updated by the owner to better represent the new restaurant
name.
7. The restaurant does have a nonconforming off-premise sign allotment located at the
intersection of Terrace Point Dr. and Shoreline Dr. This currently has the word “Rafferty’s”
spelled out in two places on the concrete structure.
8. This building and property are secluded and hidden by the large hills located on the property
to the south of this parcel. Because of the topography of the area to the east, the view of
motorists, tourists and customers attempting to find the restaurant, is completely blocked.
This area’s topography renders a normal sign and sign placement to be virtually useless for
motorists on Shoreline Dr..
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9. The street that runs past this parcel is currently a dead end road and placement of signage
along this minimally traveled roadway would not assist motorists attempting to find the
facility, except those already on Terrace Point Dr.. This certainly leads to confusion for
motorists traveling on the business route into or out of Muskegon. Since this business route
is heavily travelled, staff feels it may not be safe or in the best interest of the community to
have confused motorists stopping or travelling slowly along this highway business route,
while attempting to find their way.
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10. Application Page 2:
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Current Site Plan:
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ZBA Staff Report.doc
Sign Depiction:
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ZBA Staff Report.doc
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ZBA Staff Report.doc
Notification Map:
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ZBA Staff Report.doc
New 1993 Roadway Configuration:
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ZBA Staff Report.doc
Restaurant Front photo:
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Looking toward Shoreline Drive from Restaruant:
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Looking toward restaurant and hotel from Shoreline Dr.
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Sign Ordinance Excerpts (emphasis added):
5. Prohibited Signs (all districts): The following listed signs are prohibited in any zoning
district of the City: [amended 6/03, 7/05]
a. A sign displaying intermittent lights and lights resembling the flashing lights
customarily used in traffic signals, or police, fire, ambulance, or rescue vehicle or
signs which imitate official traffic directional signs or devices.
b. A sign using the words, "Stop", "Danger", or any other words, phrases, symbols,
or characters, in such a manner as to interfere with, mislead, or confuse a vehicle
driver.
c. Signs affixed to trees, shrubs or similar natural features.
d. Signs affixed to fences or utility poles or structural elements not capable to
support such signs except community promotional banners permitted under
“Exempt Signs.” [amended 2/04]
e. Any sign which obstructs the ingress or egress from a required door, window, or
other required exit.
f. Signs on parked vehicles where the sign is the primary use of the vehicle.
g. Banners used as permanent signs.
h. Temporary signs and devises including inflatable devices, pennants, pinwheels,
searchlights or other devices with similar characteristics, except when used
temporarily for periods not to exceed fifteen (15) days to announce the opening of
a new type of business or use by a new owner.
i. Portable “A” frame signs, inverted "T" signs with spider legs, with or without
wheels where lettering can be changed, rearranged or altered (see also definition
of “portable” sign).
j. Signs which overhang or extend into a dedicated public right-of-way without the
written consent of the city. Any signs which encroach upon the public right-of way do
not qualify as legal nonconforming signs. Such signs shall be considered an illegal use
and shall be removed., unless an encroachment agreement was obtained from the City
Commission.
k. Signs that have concrete foundations or other solid anchoring devices that project
above the surface of the ground more than 18” (eighteen inches).
l. Signs which are painted, placed or constructed directly on or project from a roof.
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m. Off-premise signs except billboards regulated herein or tourist oriented
directional signs placed in cooperation with the City.
n. Signs with visible moving, revolving, rotating parts, or visible mechanical
movement of any description or other apparent visible movement achieved by
electrical, electronic, or mechanical means.
o. Externally illuminated signs which can bleed light, interfere with the city’s “night
sky” objectives, cast glare in the public right-of-way distracting drivers, and
shining into adjacent residential areas interfering with resident’s enjoyment of
their personal property.
DETERMINATION:
The following motion is offered for consideration:
I move that the findings of fact determined by the Zoning Board of Appeals be adopted and that
the variance request to allow off premise signage for this property be (approved/denied), based
on the following review standards (found in Section 2502 of the Zoning Ordinance) and subject
to conditions:
g. That there are exceptional or extraordinary circumstances or conditions applying to the
property in question or to the intended use of the property that do not apply generally to other
properties or class of uses in the same zoning district.
h. That such dimensional variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other properties in the same zoning district and in the
vicinity.
i. That the authorizing of such dimensional variance will not be of substantial detriment to
adjacent property and will not materially impair the purposes of this chapter or the public
interest.
j. That the alleged difficulty is caused by the Ordinance and has not been created by any person
presently having an interest in the property, or by any previous owner.
k. That the alleged difficulty is not founded solely upon the opportunity to make the property
more profitable or to reduce expense to the owner.
l. That the requested variance is the minimum action required to eliminate the difficulty.
CONDITIONS
1. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.
2. The off premise signage is built and located as indicated in ZBA Case 2010-001.
3. The variance is recorded with the deed to keep record of it in the future.
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Hearing Case 2010-003: Request for a variance from Section 2334: Signs, to allow off-premise
signage to be placed upon a sign structure located at 650 Terrace Point Dr.
BACKGROUND:
Applicant: Jon Rooks, Parkland Associates, LLC.
Property Owner: Same
Property Address(location): 750 Terrace Point Dr.
Zoning: B-2, Convenience and Comparison Business
Current Land Use: Shoreline Inn and Conference Center
Request: A variance request to allow off-premise signage to be placed upon a sign structure
located at 650 Terrace Point Dr.
.
STAFF OBSERVATIONS
1. Zoning of adjacent parcels are B-2, Convenience and Comparison Business with WM,
Waterfront Marine to the east and west and B-3, Central Business to the south.
2. This parcel is located between Terrace Point Drive and Muskegon Lake.
3. The original Terrace Point Drive was aligned with First Street at Shoreline Drive but was re-
routed to align with Third Street in 1993. This change and the subsequent recreation of the
hills eliminated any of the line of sight this business may have enjoyed for motorists
travelling Shoreline.
4. The frontage of this parcel along Terrace Point is not known by staff but it appears to be
similar or a little less than the allotment for the restaurant which is 138 square feet in area at
a maximum of 25 feet above grade to the top of a sign, based upon the 315 feet of linear road
frontage.
5. The off premise signage area to be used for this property was included in a previous variance
request and would be limited by the amount of overall signage approved in conjunction with
that request.
6. Because this request is for off-premise signage, this property is still entitled to the allowed
sign allotment for the B-2 zone. The property does not currently have a free standing sign.
7. The Hotel has recently updated its nonconforming off-premise signage located at the
intersection of Terrace Point Dr. and Shoreline Dr. These are two signs attached to a
concrete structure located on the property owned by Mart Dock.
8. The hotel building can be seen from Shoreline Drive, because of its height, but since the
building is an unconventional design for a hotel, it can easily be missed. The property where
a conventional sign would be placed is somewhat secluded and hidden by the large hills
located on the property to the east of this parcel. Because of the topography of the area to the
east, the view of motorists, tourists and customers attempting to find the restaurant, is
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partially blocked. This area’s topography renders a normal sign and sign placement to have a
minimal impact for motorists travelling on Shoreline Dr..
9. The street that runs past this parcel is currently a dead end road and placement of signage
along this minimally traveled roadway would not assist motorists attempting to find the
facility, except those already on Terrace Point Dr.. This certainly leads to confusion for
motorists traveling on the business route into or out of Muskegon. Since this business route
is heavily travelled, staff feels it may not be safe or in the best interest of the community to
have confused motorists stopping or travelling slowly along this highway business route,
while attempting to find their way.
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10. Application Page 2:
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ZBA Staff Report.doc
Current Site Plan:
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ZBA Staff Report.doc
Sign Depiction:
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ZBA Staff Report.doc
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ZBA Staff Report.doc
Notification Map:
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ZBA Staff Report.doc
New 1993 Roadway Configuration:
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ZBA Staff Report.doc
Hotel Front photo:
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ZBA Staff Report.doc
Looking toward Shoreline Drive from rear of hotel:
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Looking at Hotel from Shoreline Dr.
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ZBA Staff Report.doc
Sign Ordinance Excerpts (emphasis added):
6. Prohibited Signs (all districts): The following listed signs are prohibited in any zoning
district of the City: [amended 6/03, 7/05]
i. A sign displaying intermittent lights and lights resembling the flashing lights
customarily used in traffic signals, or police, fire, ambulance, or rescue vehicle or
signs which imitate official traffic directional signs or devices.
j. A sign using the words, "Stop", "Danger", or any other words, phrases, symbols,
or characters, in such a manner as to interfere with, mislead, or confuse a vehicle
driver.
k. Signs affixed to trees, shrubs or similar natural features.
l. Signs affixed to fences or utility poles or structural elements not capable to
support such signs except community promotional banners permitted under
“Exempt Signs.” [amended 2/04]
m. Any sign which obstructs the ingress or egress from a required door, window, or
other required exit.
n. Signs on parked vehicles where the sign is the primary use of the vehicle.
o. Banners used as permanent signs.
p. Temporary signs and devises including inflatable devices, pennants, pinwheels,
searchlights or other devices with similar characteristics, except when used
temporarily for periods not to exceed fifteen (15) days to announce the opening of
a new type of business or use by a new owner.
ii. Portable “A” frame signs, inverted "T" signs with spider legs, with or without
wheels where lettering can be changed, rearranged or altered (see also definition
of “portable” sign).
j. Signs which overhang or extend into a dedicated public right-of-way without the
written consent of the city. Any signs which encroach upon the public right-of way do
not qualify as legal nonconforming signs. Such signs shall be considered an illegal use
and shall be removed., unless an encroachment agreement was obtained from the City
Commission.
p. Signs that have concrete foundations or other solid anchoring devices that project
above the surface of the ground more than 18” (eighteen inches).
q. Signs which are painted, placed or constructed directly on or project from a roof.
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ZBA Staff Report.doc
r. Off-premise signs except billboards regulated herein or tourist oriented
directional signs placed in cooperation with the City.
s. Signs with visible moving, revolving, rotating parts, or visible mechanical
movement of any description or other apparent visible movement achieved by
electrical, electronic, or mechanical means.
t. Externally illuminated signs which can bleed light, interfere with the city’s “night
sky” objectives, cast glare in the public right-of-way distracting drivers, and
shining into adjacent residential areas interfering with resident’s enjoyment of
their personal property.
DETERMINATION:
The following motion is offered for consideration:
I move that the findings of fact determined by the Zoning Board of Appeals be adopted and that
the variance request to allow off premise signage for this property be (approved/denied), based
on the following review standards (found in Section 2502 of the Zoning Ordinance) and subject
to conditions:
m. That there are exceptional or extraordinary circumstances or conditions applying to the
property in question or to the intended use of the property that do not apply generally to other
properties or class of uses in the same zoning district.
n. That such dimensional variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other properties in the same zoning district and in the
vicinity.
o. That the authorizing of such dimensional variance will not be of substantial detriment to
adjacent property and will not materially impair the purposes of this chapter or the public
interest.
p. That the alleged difficulty is caused by the Ordinance and has not been created by any person
presently having an interest in the property, or by any previous owner.
q. That the alleged difficulty is not founded solely upon the opportunity to make the property
more profitable or to reduce expense to the owner.
r. That the requested variance is the minimum action required to eliminate the difficulty.
CONDITIONS
4. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.
5. The off premise signage is built and located as indicated in ZBA Case 2010-001.
6. The variance is recorded with the deed to keep record of it in the future.
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ZBA Staff Report.doc
Hearing Case 2010-004: Request for a variance from Section 2334: Signs, to allow off-premise
signage to be placed upon a sign structure located at 650 Terrace Point Dr.
BACKGROUND:
Applicant: Jon Rooks, Parkland Associates, LLC.
Property Owner: Same
Property Address(location): 770 Terrace Point Dr.
Zoning: B-2, Convenience and Comparison Business
Current Land Use: Terrace Point Marina
Request: A variance request to allow off-premise signage to be placed upon a sign structure
located at 650 Terrace Point Dr.
.
STAFF OBSERVATIONS
1. Zoning of adjacent parcels are B-2, Convenience and Comparison Business with WM,
Waterfront Marine to the east and west and B-3, Central Business to the south.
2. This parcel is located between Terrace Point Drive and Muskegon Lake.
3. The original Terrace Point Drive was aligned with First Street at Shoreline Drive but was re-
routed to align with Third Street in 1993. This change and the subsequent recreation of the
hills eliminated any of the line of sight this business may have enjoyed for motorists
travelling Shoreline.
4. There would be no free standing signage allowed for this parcel since there is no road
frontage to calculate the allotment. Any free standing signage would require a variance
request.
5. The off-premise signage area to be used for this property was included in a previous variance
request and would be limited by the amount of overall signage approved in conjunction with
that request.
6. The marina area is secluded and hidden by the large hills located on the property to the south
of this parcel. Because of the topography of the area to the east, the view of motorists,
tourists and customers attempting to find the marina and public access area adjacent to the
marina, is completely blocked. This area’s topography renders a normal sign and sign
placement to be virtually useless for motorists on Shoreline Dr..
7. The street that runs past this parcel is currently a dead end road and placement of signage
along this minimally traveled roadway would not assist motorists attempting to find the
facility, except those already on Terrace Point Dr.. This certainly leads to confusion for
motorists traveling on the business route into or out of Muskegon. Since this business route
is heavily travelled, staff feels it may not be safe or in the best interest of the community to
have confused motorists stopping or travelling slowly along this highway business route,
while attempting to find their way.
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ZBA Staff Report.doc
8. Application Page 2:
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ZBA Staff Report.doc
Current Site Plan:
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ZBA Staff Report.doc
Sign Depiction:
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ZBA Staff Report.doc
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ZBA Staff Report.doc
Notification Map:
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ZBA Staff Report.doc
New 1993 Roadway Configuration:
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ZBA Staff Report.doc
Marina photo:
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ZBA Staff Report.doc
Looking toward Shoreline Drive from marina :
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ZBA Staff Report.doc
Sign Ordinance Excerpts (emphasis added):
7. Prohibited Signs (all districts): The following listed signs are prohibited in any zoning
district of the City: [amended 6/03, 7/05]
q. A sign displaying intermittent lights and lights resembling the flashing lights
customarily used in traffic signals, or police, fire, ambulance, or rescue vehicle or
signs which imitate official traffic directional signs or devices.
r. A sign using the words, "Stop", "Danger", or any other words, phrases, symbols,
or characters, in such a manner as to interfere with, mislead, or confuse a vehicle
driver.
s. Signs affixed to trees, shrubs or similar natural features.
t. Signs affixed to fences or utility poles or structural elements not capable to
support such signs except community promotional banners permitted under
“Exempt Signs.” [amended 2/04]
u. Any sign which obstructs the ingress or egress from a required door, window, or
other required exit.
v. Signs on parked vehicles where the sign is the primary use of the vehicle.
w. Banners used as permanent signs.
x. Temporary signs and devises including inflatable devices, pennants, pinwheels,
searchlights or other devices with similar characteristics, except when used
temporarily for periods not to exceed fifteen (15) days to announce the opening of
a new type of business or use by a new owner.
iii. Portable “A” frame signs, inverted "T" signs with spider legs, with or without
wheels where lettering can be changed, rearranged or altered (see also definition
of “portable” sign).
j. Signs which overhang or extend into a dedicated public right-of-way without the
written consent of the city. Any signs which encroach upon the public right-of way do
not qualify as legal nonconforming signs. Such signs shall be considered an illegal use
and shall be removed., unless an encroachment agreement was obtained from the City
Commission.
u. Signs that have concrete foundations or other solid anchoring devices that project
above the surface of the ground more than 18” (eighteen inches).
v. Signs which are painted, placed or constructed directly on or project from a roof.
O:\Planning\COMMON\Zoning\Zoning Board of Appeals\ZBA Meeting Documents\ZBA 2010\2010 ZBA staff reports\ZBA 06 08 10\6-8-2010
ZBA Staff Report.doc
w. Off-premise signs except billboards regulated herein or tourist oriented
directional signs placed in cooperation with the City.
x. Signs with visible moving, revolving, rotating parts, or visible mechanical
movement of any description or other apparent visible movement achieved by
electrical, electronic, or mechanical means.
y. Externally illuminated signs which can bleed light, interfere with the city’s “night
sky” objectives, cast glare in the public right-of-way distracting drivers, and
shining into adjacent residential areas interfering with resident’s enjoyment of
their personal property.
DETERMINATION:
The following motion is offered for consideration:
I move that the findings of fact determined by the Zoning Board of Appeals be adopted and that
the variance request to allow off premise signage for this property be (approved/denied), based
on the following review standards (found in Section 2502 of the Zoning Ordinance) and subject
to conditions:
s. That there are exceptional or extraordinary circumstances or conditions applying to the
property in question or to the intended use of the property that do not apply generally to other
properties or class of uses in the same zoning district.
t. That such dimensional variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other properties in the same zoning district and in the
vicinity.
u. That the authorizing of such dimensional variance will not be of substantial detriment to
adjacent property and will not materially impair the purposes of this chapter or the public
interest.
v. That the alleged difficulty is caused by the Ordinance and has not been created by any person
presently having an interest in the property, or by any previous owner.
w. That the alleged difficulty is not founded solely upon the opportunity to make the property
more profitable or to reduce expense to the owner.
x. That the requested variance is the minimum action required to eliminate the difficulty.
CONDITIONS
7. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.
8. The off premise signage is built and located as indicated in ZBA Case 2010-001.
9. The variance is recorded with the deed to keep record of it in the future.
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ZBA Staff Report.doc