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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, February 16, 2012
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 15, 2011.
III. Public Hearings
a. Hearing, Case 2012-001: Request to amend the Final PUD for 100 Muskegon Mall, for
the property located at 356 W Western Ave to allow for an assembly/rental hall, by
Century Club Development, LLC.
b. Hearing, Case 2012-02: Staff-initiated request to amend Article II, “Definitions”, of the
zoning ordinance to include definitions for “Brewpub,” “Micro Brewery,” “Brewery,”
“Small Winery,” “Winery,” “Small Distillery” and “Distillery.”
c. Hearing, Case 2012-03: Staff-initiated request to amend Article XI (B-2 Districts),
Section 1100 and Section 1101 of the zoning ordinance to allow for “Brewpubs,” “Micro
Breweries,” “Small Wineries,” and “Small Distilleries.”
d. Hearing, Case 2012-04: Staff-initiated request to amend Article XII (B-3 Districts),
Section 1200 and Section 1201 of the zoning ordinance to allow for “Brewpubs,” “Micro
Breweries,” “Small Wineries,” and “Small Distilleries.”
e. Hearing, Case 2012-05: Staff-initiated request to amend Article XIII (B-4 Districts),
Section 1300 and Section 1301 of the zoning ordinance to allow for “Brewpubs,” “Micro
Breweries,” “Small Wineries,” and “Small Distilleries.”
f. Hearing, Case 2012-06: Staff-initiated request to amend Section 1304 (B-5 Districts) of
the zoning ordinance to allow for “Brewpubs,” “Micro Breweries,” “Small Wineries,” and
“Small Distilleries.”
g. Hearing, Case 2012-07: Staff-initiated request to amend Article XIV (I-1 Districts),
Section 1400 of the zoning ordinance to allow for “Micro Breweries,” “Breweries,” “Small
Wineries,” “Wineries,” “Small Distilleries,” and “Distilleries.”
IV. New Business
V. Old Business
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
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
December 15, 2011
Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: T. Michalski, B. Larson, W. Parker, B. Turnquist, J. Doyle, B.
Mazade, L. Spataro, B. Smith
MEMBERS ABSENT: S. Warmington, excused
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: M. Laszar, 43 W Laketon Ave.; ADAC Plastics representatives
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of November 10, 2011 be approved was made B.
Larson, supported by J. Doyle and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2011-18: Request for a special land use permit, per section 1301 of Article XIII of
the Zoning Ordinance, to allow for automobile sales in a B-4, General Business District at 43 W.
Laketon Ave, by Anytime Auto. M. Franzak presented the staff report. The parcel at 43 W.
Laketon Ave is roughly 24,393 square feet, with the building on this property being roughly 2,100
square feet. Auto sales must be located in a B-4, General Business District and receive a Special
Use Permit from the Planning Commission. The zoning of this parcel is B-4, General Business
District, as are the properties to the north, east, south and west. There is adequate customer
parking for this type of use, and the property meets the zoning requirement that states ingress and
egress to the outdoor sales are shall be at least 60 feet from any intersection of any two streets.
The curb cut on Laketon Avenue is roughly 70 feet from Sanford Street. The northernmost curb
cut on Sanford Street is roughly 90 feet from Laketon Avenue. A site plan was provided with the
staff report.
M. Franzak corrected the total square footage for the building. He said it shouldn’t change the
parking requirements. M. Laszar stated that he has had a license since 1976 and has a low-key
operation. He needed a location for his license. B. Turnquist asked what the hours of operation
would be. M. Laszar stated that he planned on about 30 hours per week. He stated that the lot
was lighted, but he didn’t intend to be open in the evenings. He stated he would only have a few
cars.
L. Spataro arrived at 4:05 p.m.
B. Turnquist asked if he had any other car lots in the City. M. Laszar stated that he did not. T.
Michalski asked what the plans for the building were. M. Laszar stated that he would use it as an
office, for sales, and possibly some storage. B. Turnquist asked if they would be doing auto repair
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there. M. Laszar stated that he would be doing no major repairs. J. Doyle asked if any of the
landscaping would be removed. M. Laszar stated that it would not.
A motion to close the public hearing was made by B. Larson, supported by L. Spataro and
unanimously approved.
A motion that the special land use permit, per Section 1301 of Article XIII of the Zoning
Ordinance, to allow sales space for the sale of automobiles in a B-4, General Business District at
43 W Laketon Ave, by Anytime Auto be approved, based on compliance with the City’s Master
Land Use Plan and conditions set forth in Section 2332 of the City of Muskegon Zoning
Ordinance with the conditions that 1) All signage requires a permit and must comply with the
zoning ordinance, 2) The owner shall permit the zoning administrator or other zoning staff in the
premises at reasonable times to review compliance with this permit, 3) The Special Land Use
permit document shall be recorded with the register of deeds prior to establishment of the use, and
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 condition 1 – 3, was made by B.
Larson, supported by B. Smith and unanimously approved.
Hearing, Case 2011-19: Staff-initiated request to amend Section 1100 of Article XI of the Zoning
Ordinance to allow secondhand merchandise stores as a Principal Use permitted in B-2,
Convenience and Comparison Business Districts. M. Franzak presented the staff report. Stores
selling secondhand merchandise are currently only allowed as a principal use in B-4, General
Business Districts. These stores are allowed with a special use permit in B-2, Convenience and
Comparison Business Districts, but they have to be associated with a bona-fide charitable
organization such as, but not limited to, 501(c)3 organizations. Stores selling second hand
merchandise were previously allowed in B-2, Convenience and Comparison Business Districts
prior to December of 2001, when the ordinance was amended to its current language on the
subject. The concern at that time was that there were too many pawn shops opening up. Since
that amendment to the zoning ordinance, many businesses have been told that they cannot locate
in B-2 Districts because they sell some secondhand merchandise. There have also been times
when staff has had to amend the zoning ordinance to allow certain stores to locate in B-2 Districts.
For instance, in 2010 the zoning ordinance was amended to allow “Vintage Shops” so that the
vintage-goods store Continuity could locate on 3rd St. This would not have been necessary had
secondhand merchandise been allowed in B-2 districts. The zoning ordinance does not only limit
B-2 districts from having a store that specializes in all secondhand merchandise, it also limits
stores from selling any secondhand merchandise. Since the amendment in 2001, many secondhand
stores have opened up in B-2 districts without staff being aware of it. In most cases, these stores
have simply gone out of business after a time. In other cases, the businesses have gone on to
become successful additions to the business corridor (i.e. The Brown Bag Boutique is a successful
clothing store that opened on 3rd St in 2010, selling new and used clothing). Staff feels that with
the popularity of eBay, craigslist and other online merchandising stores, new pawn shops are less
likely to open than ever before.
B. Smith asked how staff thought this would help the issue of businesses opening without staff’s
knowledge. M. Franzak stated that the City had better processes in place for checking on new
businesses now. B. Turnquist stated that he was opposed to the amendment, and was in favor of
the oversight provided by the special use permit process for these kinds of businesses. L. Spataro
stated that unless it was a regulated business, such as alcohol sales, he did not see a reason for the
special use permit requirement. He did not want to cause unnecessary delays for businesses.
B. Mazade arrived at 4:15 p.m.
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B. Larson stated that he was in favor of the amendment because it would make things easier for
new businesses. J. Doyle asked if the requirement of being associated with a charitable
organization was for both B-2 and B-4 zoning districts. M. Franzak stated that it was only for B-2
districts. T. Michalski stated that he was in favor of the ordinance amendment, and that
secondhand merchandise stores were a booming business in this economy. B. Turnquist stated
that the board should have oversight of this type of business as currently provided for in the
ordinance. J. Doyle stated that if it was a bad business, the market would flush that out.
A motion to close the public hearing was made by B. Smith, supported by B. Larson and
unanimously approved.
A motion that the proposed amendment to Section 1100 of Article XI, of the City of Muskegon
Zoning Ordinance, be recommended to the City Commission for approval, was made by B. Smith,
supported by B. Larson and approved, with B. Turnquist voting nay. B. Mazade abstained from
voting since he was not present for the entire discussion.
Hearing, Case 2011-20: Staff-initiated request to amend Section 1101 of Article XI of the Zoning
Ordinance to remove secondhand merchandise stores, vintage shops and antique shops as special
land uses permitted in B-2, Convenience and Comparison Business Districts. This amendment
would clean up the zoning ordinance langue should case 2011-19 be approved. If case 2011-19 is
approved, there would be no need to allow secondhand merchandise stores, vintage shops and
antique shops as special uses in B-2 Convenience and Comparison Business Districts because they
would be allowed as principal uses.
A motion to close the public hearing was made by L. Spataro, supported by B. Larson and
unanimously approved.
A motion that the proposed amendment to Section 1101 of Article XI of the City of Muskegon
Zoning Ordinance be recommended to the City Commission for approval, was made by L.
Spataro, supported by J. Doyle and approved, with B. Turnquist voting nay. B. Mazade abstained
from voting since he was not present for the entire discussion.
Case 2011-21: Request for a site plan review for a 71,232 square-foot addition for the property at
1801 East Keating Avenue, by ADAC Plastics. M. Franzak presented the staff report. The
subject property is located in an I-2, General Industrial zoning district. The parcel at 1801 E.
Keating has recently been combined with the parcel directly to the south, and the total size of the
new combined parcel is 15.02 acres. The size of the current building is 200,617 square feet, and
the proposed addition measures 71,232 square feet. The plan also proposes the addition of 10
canopy trees, which will meet the landscaping requirements. There are currently 307 parking
spaces on site. The plan calls for the removal of 110 spaces and the addition of 41 spaces, for a
new total of 238 parking spaces. There will be a total of 523 employees scattered over 3 shifts at
this facility. The zoning ordinance requires one space for every two employees, which would call
for a total of 262 spaces. This would mean there is a shortage of 24 parking spaces. However,
staff feels that there will not be any parking issues since the employees will be scattered over three
shifts (1st shift = 215 employees, 2nd shift= 118 employees, 3rd shift= 60 employees). The site
plan also shows where an additional 58 parking spaces could be placed if needed. The Fire
Department lists the following conditions of approval: a) Fire flow test shall be conducted, and 2)
Hydrants shall be installed and comply with IFC 2009 edition appendix B and C; and 3) Submit
building construction requirements (type of build shall be submitted to assist in determining how
many hydrants are required). The Engineering and Public Works Departments have no
outstanding issues with this site plan. Staff recommends approval of the site plan for the building
at 1801 E Keating Ave, subject to the conditions listed in the staff report.
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B. Larson asked if the applicant was aware of the Fire Department’s conditions. They stated that
they were. L. Spataro stated that he was glad to see the flexibility on the parking requirements,
since the business had different shifts.
A motion that the site plan for the property located at 1801 East Keating Avenue for ADAC
Plastics be approved, with the conditions that 1) Fire flow test shall be conducted, 2) Hydrants
shall be installed and comply with IFC 2009 edition appendix B and C, and 3) Submit building
construction requirements (type of building shall be submitted to assist in determining how many
hydrants are required), was made by B. Mazade, supported by J. Doyle and unanimously
approved.
Case 2011-22: Request for a site plan review for a 45,000 square-foot addition to the property at
1500 East Sherman Boulevard, by Mercy Health Partners. M. Franzak presented the staff report.
The parcel at 1500 E. Sherman Blvd is 35.04 acres located in an MC, Medical Care zoning
district. The proposed addition measures 45,000 square feet between two floors. There are
currently 144 parking spaces on this side of the building, and the parking lot will be reconfigured
to add an additional 31 spaces. This is an adequate amount for the building addition. The Fire,
Public Works, and Engineering Departments have no outstanding issues with this site plan, and
staff recommends approval.
M. Franzak corrected the square footage calculations for the different floors.
A motion that the site plan for the property located at 1500 E Sherman Blvd. for Mercy Health
Partners be approved, was made by B. Turnquist, supported by B. Larson and unanimously
approved.
OLD BUSINESS
M. Franzak updated the board on the status of M. David’s car lot on Laketon Avenue near Getty.
OTHER
L. Spataro discussed the possibility of using of “contract zoning” for certain projects in the future,
and explained what that was.
There being no further business, the meeting was adjourned at 4:30 p.m.
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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
February 16, 2012
Hearing, Case 2012-001: Request to amend the Final PUD for 100 Muskegon Mall, for the
property located at 356 W Western Avenue to allow for an assembly/rental hall, by Century Club
Development, LLC.
Applicant: Gary Post, Western Avenue Properties, LLC
Property Address/Location: 356 W Western Ave
Request: Request to amend the Final PUD for 100 Muskegon Mall to
allow for an assembly/rental hall use
Present Land Use: Retail
Zoning: B-3, Central Business with PUD Overlay
STAFF OBSERVATIONS
1. The applicant received approval for the Final PUD from City Commission on February 22,
2005.
2. The approved use for this building in the PUD was retail. Assembly/rental halls are not
allowed as a principal use in B-3 zones and it was not approved as part of the initial PUD,
so the amendment is required to permit the use.
3. The proposed change of use would have minimal impact on the PUD, since it is an existing
building. The only major issue would be parking. However, staff feels that there is
adequate parking allocated for this use. The applicant has an existing parking agreement
for 50 spaces for this building from the Downtown Muskegon Development Corporation.
The use of retail on the three floors necessitated about 41 parking spaces. The elimination
of retail on the top floor will reduce the retail parking requirement to about 27. The
assembly/rental hall use requires one parking space for every six people allowed by the fire
code. The Inspections Department has stated that the maximum capacity would be around
170, which would require an additional 28 parking spaces. The retail and assembly/rental
hall uses would require about 55 parking spaces for this building. However, the
assembly/rental hall use would often be used after the retail stores on site will have already
closed.
4. Assembly/rental halls are allowed as a Special Use Permitted in B-3, Central Business
Districts.
5. The assembly rental hall will consist of about 2,500 sqft of useable space on the second
(top) floor.
6. Staff has received no comments on this request.
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Front of 356 W Western Ave
Back of 356 W Western Ave
7
Zoning Map
Aerial Map
8
Zoning ordinance excerpt:
Planned Unit Developments
Excerpted from Section 2101: Development Options
1. Planned Unit Development (PUD) Purpose
The purpose of this option is to permit flexibility in the regulation of land development;
encourage innovation in land use and variety in design, layout, and type of structures
constructed; achieve economy and efficiency in the use of land, natural resources and
utilities; encourage provision of useful open space; provide adequate housing,
employment, and shopping opportunities particularly suited to the needs of the residents of
the City of Muskegon and encourage the use, reuse, and improvement of existing sites and
buildings when the uniform regulations contained in zoning districts do not provide
adequate protection and safeguards for the site or surrounding area.
This option is intended to accommodate developments with mixed or varied uses, to allow
some degree of flexibility in the application of standards and regulations in this Ordinance
to achieve innovation to development on sites with unusual topography or unique settings
within the community, or on land which exhibits difficult or costly development problems,
and shall not be allowed where this option is sought primarily to avoid the imposition of
standards and requirements of zoning classifications rather than to achieve the stated
purposes above.
a. Planned Unit Development Regulations, Standards and Requirements
1) The entire parcel for which application is made must be under one
ownership or the application must be made with the written authorization of
all property owners.
2) The application shall meet the criteria established in each specified zoning
district.
b. PUD Review Procedures
1) A petition for a PUD approval shall be submitted in accordance with
Section 2332 of this ordinance.
2) The review shall be in two phases:
3) The preliminary phase shall involve a review of a conceptual PUD plan to
determine its suitability.
4) The final phase shall require a detailed development plan for any part of the
approved conceptual PUD plan.
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c. Standards for Approval of PUD Plans
The Planning Commission shall approve, deny or modify preliminary PUD plans,
based upon the following standards. Likewise, the City Commission shall approve,
deny, or modify final PUD plans (after review and recommendation by the
Planning Commission) based upon the following standards.
1) The uses proposed will have a beneficial effect, in terms of public health,
safety, welfare, or convenience of any combination thereof, on present and
potential surrounding land uses. The uses proposed will not adversely
affect the public utility and circulation systems, surrounding properties, or
the environment.
2) The uses proposed should be consistent with the land use plans adopted by
the City.
3) The amount of open space provided, which the Planning Commission or
City Commission may modify even though such modifications do not
conform to that required in other sections of this ordinance.
4) The amount of off-street parking areas, which the Planning Commission or
City Commission may modify even though such modifications do not
conform to that required in other sections of this ordinance.
5) The amount of landscaping and buffering areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of this
ordinance.
6) The protection or enhancement of significant natural, historical, or
architectural features within the proposed development area.
7) The uses proposed will result in safe, convenient, uncongested and well
defined vehicular and pedestrian circulation systems.
2. Preliminary PUD Plan Submission
The applicant shall submit together with the application for PUD preliminary phase
approval:
a. A general development plan depicting the proposed locations of streets, parking
areas, open spaces, buildings and structures, and their spatial relationships, the
relationship to off-site improvements and infrastructure and any unusual
topographic features.
1) Approval by the Planning Commission of the PUD Preliminary Plan shall
remain in effect for a period not to exceed three (3) years from the date of
approval.
3. Final PUD Plan Submission
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The applicant shall submit together with the application for PUD final phase approval,
development plans in sufficient detail and in so far as possible the specific locations and
dimensions of:
a. all streets, sidewalks, public and private utilities, parking areas, truck docks and
service drives;
b. all buildings and structures, elevations and spacial relationships;
c. landscaping, buffers, fences, and protective walls;
d. open space areas and other significant environmental features;
e. existing and final topographic changes;
f. identification and directional signage:
g. a property survey prepared and certified by a licensed land surveyor;
4. Amendments to an Approved Final PUD Plan
a. Incidental or minor changes may be approved by the Planning Commission if the
proposed modifications do not alter the basic design or land uses of the plan.
b. If the Planning Commission determines that the proposed modifications are
significant or major, a public notice and public hearing in accordance with Section
2332 must be conducted prior to approval or denial.
5. PUD Development Time Limits
a. Construction of the improvements shown on the approved final PUD plan with all
proposed buildings, parking areas, landscaping and infrastructure must commence
within one year of approval by the City Commission.
b. Construction must be continued in a reasonable, diligent manner and be completed
within five (5) years.
c. Said five (5) year period may be extended if applied for in writing by the petitioner
and granted by the City Commission following public notice and public hearing in
accordance with Section 2332 of this ordinance. Failure to secure an extension
shall result in a stoppage of all construction.
STAFF RECOMMENDATION
Staff recommends approval of the request to amend the Final PUD for 100 Muskegon Mall, for
the property at 356 W. Western Avenue.
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DELIBERATION
Standards for discretionary uses: (emphasis provided)
1. Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the activity.
4. The proposed site plan complies with section 2331of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the minor amendment to the Final PUD for 100 Muskegon Mall for the property at
356 W. Western Avenue be (approved/denied) pursuant to the determination of (compliance/lack
of compliance) with the intent of the City Zoning Ordinance and City Master Land Use Plan.
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Hearing, Case 2012-02: Staff-initiated request to amend Article II, “Definitions”, of the zoning
ordinance to include definitions for “Brewpub,” “Micro Brewery,” “Brewery,” “Small Winery,”
“Winery,” “Small Distillery” and “Distillery.”
BACKGROUND
1. Staff has recently been contacted by a few microbreweries who are interested in locating in
Muskegon. However, the zoning ordinance doesn’t clearly define the different types of
alcohol-producing facilities and where they should be located.
2. Staff has come up with definitions for the different types of facilities and recommendations
on where they should be allowed. All of the definitions were derived from the State of
Michigan Liquor Control Commission definitions.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Article XI, Definitions:
Brewpub – an establishment with a license issued in conjunction with a class C, tavern, class
A hotel, or class B hotel license by the State of Michigan that authorizes the person licensed
with the class C, tavern, class A hotel, or class B hotel to manufacture and brew not more
than 5,000 barrels of beer per calendar year in Michigan and sell at those licensed premises
the beer produced for consumption on or off the licensed brewery premises in the manner
provided for in sections 405 and 407 of the Michigan Liquor Control Act.
Micro Brewery – A licensed brewery that produces in total less than 30,000 barrels of beer
per year and that may sell the beer produced to consumers at the licensed brewery premises
for consumption on or off the licensed brewery premises. In determining the 30,000-barrel
threshold, all brands and labels of a brewer, whether brewed in this state or outside this
state, shall be combined and all facilities for the production of beer that are owned or
controlled by the same person shall be treated as a single facility. These facilities may also
contain a restaurant, bar or tasting room as an accessory use.
Brewery – A facility that is licensed by the Michigan Liquor Control Commission to
manufacture and sell to licensed wholesalers beer produced by it. These facilities may also
contain a restaurant, bar or tasting room as an accessory use.
Small Winery – a winery manufacturing or bottling not more than 50,000 gallons of wine in
one calendar year. These facilities may also contain a restaurant, bar or tasting room as an
accessory use.
Winery – a facility licensed to manufacture wine and sell that wine to a wholesaler, to a
consumer by direct shipment, at retail on the licensed winery premises, to sell than wine to a
retailer, and provided for in section 537 of the Michigan Liquor Control Act. These facilities
may also contain a restaurant, bar or tasting room as an accessory use.
Small Distillery – a facility for manufacturing spirits not exceeding 60,000 gallons of spirits,
or of all brands combined. These facilities may also contain a restaurant, bar or tasting
room as an accessory use.
Distillery – a facility that is licensed by the Michigan Liquor Control Commission to
manufacture and sell spirits or alcohol, or both, of any kind. These facilities may also
contain a restaurant, bar or tasting room as an accessory use.
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DELIBERATION
I move that the proposed amendments to Article II, of the City of Muskegon Zoning Ordinance be
recommended to the City Commission for (approval/denial).
Hearing, Case 2012-03: Staff-initiated request to amend Article XI (B-2 Districts), Section 1100
and Section 1101 of the zoning ordinance to allow for “Brewpubs,” “Micro Breweries,” “Small
Wineries,” and “Small Distilleries.”
BACKGROUND
1. Brewpubs, since they do not allow for wholesale to distributers, would already be allowed
as a restaurant/bar under the current zoning. However, staff feels that it is important to
have it clearly defined as a principal use permitted in the zoning ordinance.
2. Staff feels that Micro Breweries, Small Wineries and Small Distilleries can also fit into the
B-2 District as long as the principal use is for a bar/restaurant and only a small portion is
used for producing and distributing. These types of facilities can be found in downtown
and general business districts across the State and they almost always have the
bar/restaurant as the principal use, rather than the manufacturing portion. After researching
different facilities throughout the State, staff feels that by limiting the production area to
2,500 square feet, the bar/restaurant use will remain the principal function. Staff feels that
if production is going to ramp up to beyond the 2,500 square foot brewing area, then either
a Special Use Permit or a secondary manufacturing facility in an Industrial District would
be appropriate.
Picture: The Lakeshore Tavern at 1963 Lakeshore Dr. Red square indicates 2,500 sqft. This
property is zoned B-2. This is only a bar/restaurant, they do not brew anything, but the picture
shows that a brewing area would not be much larger than a standard commercial kitchen.
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Ordinance Excerpt:
B-2 Convenience and Comparison Business
ARTICLE XI - B-2 CONVENIENCE AND COMPARISON BUSINESS DISTRICTS
PREAMBLE
The B-2 Convenience and Comparison Business Districts are designed for the convenience and
community shopping needs of residents in the Muskegon Area, and they are intended to be located
in planned groups near the intersection of major thoroughfares. All business establishments shall
be retail or service establishments dealing directly with consumers, and all goods produced on the
premises shall be sold at retail on the premises where produced. All business, servicing or
processing, except off-street parking or loading, shall be conducted within a completely enclosed
building, unless otherwise provided by this Ordinance and specifically approved by the City.
SECTION 1100: PRINCIPAL USES PERMITTED
In a B-2 Convenience and Comparison Business District no building or land shall be used and no
building shall be erected, structurally altered, or occupied except for one (1) or more of the
following specified uses, unless otherwise provided for in this Ordinance:
1. Any generally recognized retail business which supplies commodities such as: groceries,
meats, dairy products, baked goods or other foods, drugs, dry goods, and notions or
hardware.
2. Personal service establishments such as: shoe repair, dry cleaning shops, tailor shops,
beauty parlors, barber shops, banks and savings and loan offices, pharmacist and
laboratories, or any service establishment of an office-showroom or workshop nature of an
electrician, decorator, dressmaker, tailor, shoemaker, baker, printer, upholsterer, appliance
repair, photographic reproduction, and similar establishments that require a retail character
no more objectionable than the aforementioned.
3. Restaurants, or other places serving food.
4. Professional offices of doctors, lawyers, dentists, chiropractors, architects, engineers,
accountants, and similar or allied professions. Offices may be permitted for similar or
allied professions. Offices may be permitted for applied technology, light technological
research, research and development facilities with laboratories, but no industrially oriented
production facilities shall be permitted.
5. Office buildings for any of the following types of occupations: executive, administrative
and professional.
6. Post offices and other governmental office buildings.
7. Newspaper offices and printing offices.
8. Private clubs, lodge halls, social & similar organizations including assembly or rental halls.
9. Contractor’s offices, with associated indoor storage. [amended 6/02]
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a. All associated storage must be contained within a structure, and such structure
dedicated to storage shall not exceed five thousand (5,000) square feet in size.
b. No toxic, hazardous or noxious materials shall be stored on the site.
10. Recording studios. [amended 8/02]
11. Residential uses as part of a building in this business zone shall be allowed upon issuance
of a Certificate of Occupancy from the Department of Inspections, but provided that the
minimum lot area requirements of the RM-2 District are met.
12. Accessory buildings and accessory uses customarily incidental to the above Principal Uses
Permitted.
13. Uses similar to the above Principal Uses Permitted.
SECTION 1101: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the
purview of Section 2332 after review and approval of the use (and a site plan, if required) by the
Planning Commission, after Public Hearing, subject to the applicable conditions, and any other
reasonable conditions imposed by the Planning Commission. A site plan shall not be required
when no external changes are made to the buildings or properties.
1. Automobile service stations for the sale of gasoline, oil, tires, muffler tune up, not
including major repair such as engine rebuilding, undercoating, and similar industrially
oriented activities, and subject further to the following:
a. The curb cuts for ingress and egress to a service station shall not be permitted at
such locations that will tend to create traffic hazards in the streets immediately
adjacent thereto. Entrances shall be no less than twenty-five (25) feet from a street
intersection (measured from the roadway) or from adjacent residential property,
and subject to other ordinances of the City.
b. The minimum lot area shall be ten thousand (10,000) square feet, and so arranged
that ample space is available for motor vehicles which are required to wait.
c. There shall be provided, on those sides abutting or adjacent to a residential district,
a four foot (4') completely obscuring wall or fence. The height of the wall or fence
shall be measured from the surface of the ground.
d. All lighting shall be shielded from adjacent residential districts and from abutting
streets.
e. All restroom doors shall be shielded from adjoining residential property.
2. Banks with drive-in facilities, when said drive-in facilities are incidental to the principal
function.
16
3. Business in the character of a drive-in restaurant, or open front store, subject to the
following:
a. A setback of at least sixty (60) feet shall be provided from the street right-of-way
line of any existing or proposed major thoroughfare.
b. Ingress and egress points shall be located at least sixty (60) feet from the
intersection of any two (2) streets
4. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties zoned
for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may be
allowed provided front, side, and rear yards are increased above the minimum
requirements by one (1) foot for each foot of buildings that exceeds the maximum
height allowed.
5. Hotels, motels, sleeping inns and other facilities normally incidental thereto subject to the
following conditions:
a. The maximum length of stay at the facility shall not be greater than fourteen (14)
consecutive days.
b. Kitchen facilities may be allowed for some or all of the guest units, at the discretion
of the Planning Commission, provided that not more than fifty percent (50%) of the
units have such facilities.
c. The minimum floor area of each guest unit shall contain not less than two-hundred
(200) square feet. Each guest unit shall contain a private rest room.
d. The minimum lot area shall be one-half (1/2) acre with a minimum width of
seventy-five (75) feet. For any new development containing less than one (1) acre
there shall be at least sixteen hundred (1600) square feet of lot for each guest rental
unit. In no case is a development to exceed 24 total units.
e. Parking shall be provided on-site.
f. The Planning Commission may require a common open space area of one hundred
(100) square feet per unit with tables and seating. This area may be located in the
required setback.
6. Business schools, or private schools operated for profit. Examples of private schools
permitted herein include, but are not limited to, the following: dance schools, music and
voice schools, and art studios: [amended 5/02]
17
c. Parking is required to be provided on the same site as the building. Shared parking
will be allowed, if it is irrevocable, and if it will not consume any parking needed
for a separate use.
7. Contractor’s offices, with associated indoor storage of over five thousand (5,000) square
feet in size. [amended 6/02]
a. All associated storage must be contained within a structure.
b. No toxic, hazardous or noxious materials shall be stored on the site.
9. Live music concert halls, under the following conditions: [amended 8/02]
a. The business will operate in such a manner as to comply with the Noise Ordinance
enacted by the City of Muskegon. No music (either live or piped) will be permitted
outside the building.
b. The business will not be permitted to serve alcohol at any time to any person.
c. The business will maintain security staff, both inside and outside the building, at all
times when open to customers. Loitering will not be permitted on or around the
site.
d. The business will not operate between the hours of 3:00 a.m. and 8:00 a.m. No
person of 16 years of age or younger will be permitted within the business after
midnight and must directly exit the premises after that time.
e. The site and general vicinity will be maintained and litter-free, and will be checked
for litter every day before opening.
f. Security lighting will be provided for the site.
10. Self-serve, coin operated, automobile car wash, enclosed in a building.
11. Indoor Theaters [amended 5/04]
a. Parking must be either on site or with an irrevocable shared parking agreement.
12. Veterinary clinics, without outdoor kennels. [amended 6/05]
13. Wind Turbine Facilities. [amended 10/09]
14. Accessory buildings and accessory uses customarily incidental to any of the above Special
Land Uses Permitted.
Uses similar to the above Special Land Uses Permitted
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
18
Amendment to Article XI (B-2 Districts), Section 1100 (Principal Land Uses Permitted).
13. Brewpubs
14. Micro Breweries, Small Wineries and Small Distilleries, as long as the brewing area
is less than 2,500 square feet.
Amendment to Article XI (B-2 Districts), Section 1101 (Special Land Uses Permitted).
14. Micro Breweries, Small Wineries and Small Distilleries with brewing areas larger than
2,500 square feet.
DELIBERATION
I move that the proposed amendments to Section 1100 and 1101 of Article XI, of the City of
Muskegon Zoning Ordinance, be recommended to the City Commission for (approval/denial).
Hearing, Case 2012-04: Staff-initiated request to amend Article XII (B-3 Districts), Section 1200
and Section 1201 of the zoning ordinance to allow for “Brewpubs,” “Micro Breweries,” “Small
Wineries,” and “Small Distilleries.”
BACKGROUND
1. Brewpubs, since they do not allow for wholesale to distributers, would already be allowed
as a restaurant/bar under the current zoning. However, staff feels that it is important to
have it clearly defined as a principal use permitted in the zoning ordinance.
2. Staff feels that Micro Breweries, Small Wineries and Small Distilleries can also fit into the
B-3 District as long as the principal use is for a bar/restaurant and not manufacturing and
shipping. These types of facilities can be found in downtown and general business districts
across the State and they almost always have the bar/restaurant as the principal use, rather
than the manufacturing portion. After researching different facilities throughout the State,
staff feels that by limiting the production area to 2,500 square feet, the bar/restaurant use
will remain the principal function. Staff feels that if production is going to ramp up to
beyond the 2,500 square foot brewing area, then either a Special Use Permit or a secondary
manufacturing facility in an Industrial District would be appropriate.
3. Clay Avenue Cellars already produces wine downtown at 611 W Clay. They currently use
under 500 square feet of space for brewing.
19
Photo: 333 W Western Ave, the former Muskegon Athletic Club. Red square indicates
2,500 square feet
Photo: Clay Avenue Cellars at 611 W Clay Ave. They use under 500 square feet of
space in the basement to brew.
20
Ordinance Excerpt:
B-3 Central Business
ARTICLE XII - B-3 CENTRAL BUSINESS DISTRICT
PREAMBLE
The City of Muskegon B-3 Central Business District is designed and intended to provide for and
regulate land and building uses so as to continue to create a shopping, living, cultural,
governmental, office, heritage, and institutional focal point for the City of Muskegon and the
Muskegon Area. The District is designed to provide flexibility to encourage a diversity of uses,
yet provide regulatory standards to create and maintain a safe and aesthetic environment.
SECTION 1200: PRINCIPAL USES PERMITTED
In the B-3 Central Business District, no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (1) or more of the following specified
uses, unless otherwise provided in this Ordinance.
1. Retail sales of new merchandise and commodities, provided that all sales are made from a
completely enclosed building except that this section shall not prohibit the sales of antique
collector items, this section shall prohibit the operation of a store whose primary sales are
previously used products, except as further regulated.
2. Professional and personal services of any type where any repair work done on the premises
is incidental to the service rendered.
3. Banks, including those with drive-in windows, and other financial institutions.
4. Restaurants and cocktail lounges.
5. Business schools, or private schools operated for profit. Examples of private schools
permitted herein include, but are not limited to, the following: dance schools, music and
voice schools, and art studios.
6. Offices of business, government, and the professions.
7. Hotels and motels.
8. Indoor theaters.
9. Residential uses as part of a building in this business zone shall be allowed upon issuance
of Certificate of Occupancy from the Department of Inspections. [amended 12/06].
10. Accessory buildings and accessory uses customarily incidental to the above Principal Uses
Permitted.
11. Uses similar to the above Uses Permitted.
21
SECTION 1201: SPECIAL LAND USES PERMITTED [amended 6/07]
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. Automobile service stations for the sale of gasoline, oil, and minor repair, not including
major repair such as engine rebuilding, undercoating, and similar industrially oriented
activities and subject further to the following:
a. The curb cuts for ingress and egress to a service station shall not be permitted at
such locations that will tend to create traffic hazards in the streets immediately
adjacent thereto. Entrances shall be no less than twenty-five (25) feet from a street
intersection (measured from the roadway) or from adjacent residential property,
and subject to other Ordinances of the City.
b. The minimum lot area shall be ten thousand (10,000) square feet, and so arranged
that ample space is available for motor vehicles which are required to wait.
c. There shall be provided, on those sides abutting or adjacent to a residential district
or residential uses a four foot (4') completely obscuring wall or fence. The height
of the wall or fence shall be measured from the surface of the ground.
d. All lighting shall be shielded from adjacent residential districts and from abutting
streets.
2. Amusements and recreational facilities, including bowling alleys and skating rinks.
3. Commercial parking lots and parking structures.
4. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties zoned
for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may be
allowed provided front, side, and rear yards are increased above the minimum
requirements by one (1) foot of building that exceeds the maximum height allowed.
5. Specialized adult educational programs, under the following conditions: [amended 1/02]
a. The program must be associated with a school district.
b. No residency will be permitted in the facility.
22
c. The hours of operation will be limited to the regular school hours of the associated
school district.
d. The facility must be located either on a major street or within two (2) blocks of
regular bus service.
e. No more than 75 students can be associated with the program.
6. Live music concert halls, under the following conditions: [amended 8/02]
a. The business will operate in such a manner as to comply with the Noise Ordinance
enacted by the City of Muskegon. No music (either live or piped) will be permitted
outside the building.
b. The business will maintain security staff, both inside and outside the building, at all
times when open to customers. Loitering will not be permitted on or around the
site.
c. The business will not operate between the hours of 3:00 a.m. and 8:00 a.m. No
person of 16 years of age or younger will be permitted within the business after
midnight and must directly exit the premises after that time.
d. The site and general vicinity will be maintained and litter-free, and will be checked
for litter every day before opening.
e. Security lighting will be provided for the site.
8. Private clubs, lodge halls, social and similar organizations, including assembly or rental
halls.
9. Galleries and museums.
10. Antique shops.
11. Wind Turbine Facilities. [amended 10/09]
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.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Article XII (B-3 Districts), Section 1200 (Principal Land Uses Permitted).
4. Restaurants, and cocktail lounges, and brewpubs.
23
9. Micro Breweries, Small Wineries and Small Distilleries, as long as the brewing area is
less than 2,500 square feet.
Amendment to Article XII (B-3 Districts), Section 1201 (Special Land Uses Permitted).
12. Micro Breweries, Small Wineries and Small Distilleries with brewing areas larger than
2,500 square feet.
DELIBERATION
I move that the proposed amendments to Section 1200 and 1201 of Article XII, of the City of
Muskegon Zoning Ordinance, be recommended to the City Commission for (approval/denial).
Hearing, Case 2012-05: Staff-initiated request to amend Article XIII (B-4 Districts), Section
1300 and Section 1301 of the zoning ordinance to allow for “Brewpubs,” “Micro Breweries,”
“Small Wineries,” and “Small Distilleries.”
BACKGROUND
1. Brewpubs would already be allowed as a restaurant/bar under the current zoning.
However, staff feels that it is important to have it clearly defined as a principal use
permitted in the zoning ordinance.
2. Staff feels that Micro Breweries, Small Wineries and Small Distilleries fit well into the B-
4, General Business District because these areas allow for a higher intensity of use and
associated traffic. The districts are located along presently developed major traffic arteries
that prevent the conflict of traffic and pedestrian movement since the General Business
District is characterized by a minimum of pedestrian flow.
3. Micro Breweries, Small Wineries and Small Distilleries are limited in production by the
State of Michigan Liquor Control Commission and would not be able to exceed those
production levels, so these facilities would never need to grow to an industrial size. For
this reason, staff does not feel it is necessary to limit the size of the brewing area.
Ordinance Excerpt:
B-4 General Business
ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS
PREAMBLE
The B-4 General Business District is designed to provide for a wide variety of business activities
including automotive services and goods, and is generally incompatible with the uses in the B-1,
B-2, and B-3 Business Districts. Placement along presently developed major traffic arteries
prevents the conflict of traffic and pedestrian movement since the General Business District is
24
characterized by a minimum of pedestrian flow. The B-4 General Business Districts have been
located in areas designated on the adopted Land Use Plan.
SECTION 1300: PRINCIPAL USES PERMITTED
In the B-4 General Business District, no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (1) or more of the following specified
uses, unless otherwise providing in this Ordinance:
1. Veterinarian clinics, without outdoor kennels.
2. Bus passenger stations.
3. Stores selling second hand merchandise.
4. Funeral homes.
5. Automobile car wash, when completely enclosed in a building.
6. Auto service stations for the sale of gasoline, oil, and accessories, subject to the following:
a. The curb for ingress and egress to a service station shall not be permitted at such
location that will tend to create traffic hazards in the streets immediately adjacent
thereto. Entrances shall be no less than twenty-five (25) feet from a street
intersection (measured from the road right-of-way) or from adjacent residential
districts.
b. The minimum lot area shall be ten thousand (10,000) square feet, and so arranged
that ample space is available for motor vehicles which are required to wait.
c. Major automobile repair, engine and body repair, steam cleaning and undercoating
may be allowed when conducted on the site, and said uses shall be within a
completely enclosed building. The storage of wrecked automobiles on the site shall
be obscured from public view. No automobile or vehicle of any kind shall be
stored in the open for a period exceeding one (1) week.
d. All rest rooms doors shall be shielded from adjacent streets and residential districts.
e. Dispensing pumps shall be set back twenty (20) feet from the right-of-way line.
7. Self service laundry and dry cleaning establishments.
8. Amusement, entertainment, and recreational, including bowling alleys and skating rinks.
9. Storage of non-hazardous and non-toxic materials or goods provided such storage is within
a building or is enclosed as not to be visible to the public from any abutting residential
district or public street.
10. Theaters, when completely enclosed.
11. Banks, with or without drive-in facilities.
25
12. Restaurants and cocktails lounges.
13. Motels and hotels.
14. Residential uses as part of a building in this business zone shall be allowed upon issuance
of a Certificate of Occupancy from the Department of Inspections, but provided that the
minimum lot area requirements of the RM-3 District are met.
15. Assembly of small parts provided that there shall be no machining, painting, cutting,
grinding, or welding of parts.
16. Business schools, or private schools operated for profit. Examples of private schools
permitted herein include, but are not limited to, the following: dance schools, music and
voice schools, and art studios: [amended 5/02]
a. Parking is required to be provided on the same site as the building. Shared parking
will be allowed, if it is irrevocable, and if it will not consume any parking needed
for a separate use.
17. Principal Uses as permitted in B-2 Districts.
18. Accessory buildings and accessory uses customarily incidental to the above Principal Uses
Permitted.
19. Uses similar to the above Principal Uses Permitted.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Article XIII (B-4 Districts), Section 1300 (Principal Land Uses Permitted).
12. Restaurants, and cocktail lounges, and brewpubs.
17. Micro Breweries, Small Wineries and Small Distilleries
DELIBERATION
I move that the proposed amendments to Section 1300 and 1301 of Article XIII, of the City of
Muskegon Zoning Ordinance, be recommended to the City Commission for (approval/denial).
26
Hearing, Case 2012-06: Staff-initiated request to amend Section 1304 (B-5 Districts) of the
zoning ordinance to allow for “Brewpubs,” “Micro Breweries,” “Small Wineries,” and “Small
Distilleries.”
BACKGROUND
1. Brewpubs would already be allowed as a restaurant/bar under the current zoning. However,
staff feels that it is important to have it clearly defined as a principal use permitted in the
zoning ordinance.
2. There are only two B-5, Governmental Business District located in the City of Muskegon.
One is near City Hall and the other is at the West Michigan Therapy building at 1823
Commerce.
3. This district is designed to provide for a wide variety of uses associated with government,
businesses and residential uses.
Ordinance Excerpt:
B-5 Central Governmental Service
B-5 CENTRAL GOVERNMENTAL SERVICE DISTRICT
PREAMBLE
The B-5 Central Governmental Services District is designed to provide for a wide variety of uses
associated with county and city governmental services, businesses and residential uses appropriate
for the downtown area. The Central Governmental Service District recognizes the city's multiple
roles as the county seat, employment center, the urban core of a larger metropolitan area and home
of historic, stable neighborhoods.
SECTION 1304. PRINCIPAL USES PERMITTED:
In the B-5 Central Governmental Services 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 in this Ordinance:
1. Municipal, county and state administrative offices.
2. Municipal fire stations.
3. Sheriff or police department offices and facilities, not including jail or correctional
facilities.
4. Community centers.
5. Retail businesses which supply retail foods, drugs, dry goods, appliances, notions, books,
newspapers, gifts, furniture, hardware or similar retail businesses, not including "adult" or
sexually oriented businesses.
6. Professional and business offices including medical clinics.
27
7. Banks, with or without drive-in facilities.
8. An Adult Foster Care Facility for any number of people.
9. Child care or day care center.
10. Residential apartments associated with or accessory to a permitted use provided the
residential use is not on the main floor and constitutes no more than 50% of the total floor
area of the principal structure.
11. Expansion of an existing secure correctional facility operated by the Muskegon County
Sheriff's Department.
12. Restaurants and cocktail lounges.
13. Accessory buildings and accessory uses customarily incidental to the above Principal Uses
Permitted.
14. Single family detached dwellings.
SECTION 1305: PROHIBITED USES
All uses not specifically permitted are prohibited. However, certain uses, which may seem
otherwise compatible with permitted uses or special uses listed in this Article, are deemed by the
city to be particularly unacceptable:
1. Halfway houses or other unsecured facilities for parolees or persons serving any criminal
sentence, probation or parole violation, including privately owned and operated facilities,
or similar facilities which house persons in a building under the jurisdiction of, or (if State
law does not preempt), operated by, the Michigan Department of Corrections; similar
unsecured facilities operated by or under the jurisdiction of the Sheriff's Department or the
Courts.
2. Any unsecured facilities for the holding or residence of juvenile or youthful offenders
subject to the Juvenile Division of Probate Court, or the Family Court.
3. Outdoor storage, warehouses, garages, except for garages which are deemed by the zoning
administrator or Zoning Board of Appeals to constitute accessory structures to permitted or
previously approved special uses.
SECTION 1306: SPECIAL LAND USES
The following uses, and their accessory buildings and accessory uses, shall be permitted as special
uses under Section 2332 after review and approval of the use (and a site plan) by the Planning
Commission, after Public Hearing, subject to the applicable conditions imposed by the Planning
Commission.
1. Correctional facilities provided:
a. The facility meets national, state, and local codes and design criteria for correctional
facilities including, without limitation, construction and security requirements.
28
b. The facility is secure, "lock-up," and operated by the County Sheriff's Department or
City of Muskegon Police Department.
c. The facility shall be screened from residential uses, using materials and fencing
compatible with residential uses and practice.
d. Lighting, access and security devices shall be located and screened to avoid negative
effects on, and achieve compatibility with, surrounding and adjacent uses and
properties.
e. Facilities for transportation of prisoners must be located inside the secured areas of the
building.
2. Youth homes provided the facility meets the same requirements as a Secured Correctional
facility approved as a special use in this District.
3. Transitional Living Centers provided [amended 9/10]:
a. The center must be associated with a governmental agency or bona fide charitable
association, such as a 501 (c) organization.
b. The residents must be provided with information on supplemental services, such as re-
housing assistance and substance abuse treatment.
c. Staff must be located on site twenty-four hours a day, seven days a week for programs
that provide on site overnight sleeping accommodations.
d. Residents may not be housed for more than six (6) consecutive months.
e. The center does not conflict with any of the prohibited uses stated in Section 1305.
4. Parking Structures.
5. Multiple family residential uses.
6. Temporary uses, which shall be applied for and utilized in accordance with reasonable
special conditions limiting the duration of the use. Such conditions may include, without
limitation, imposition of the time limit for the use, the requirement of dismantling,
restoration of improvements to their former configurations, consent to and execution of
documents giving unconditional rights of entry to the city to carry out eviction,
dismantling and restoration activities and the requirement of bonding or other security to
assure the discontinuance and structural changes needed or appropriate in the judgment of
the Planning Commission to terminate the use. Temporary uses may include, in the sole
discretion of the Planning Commission, uses which are not permitted uses or special uses
enumerated in this Ordinance, as well as permitted and special uses in this district. The
Planning Commission may determine to limit the duration of any special use under
consideration in accordance with this paragraph.
29
1 of 2 B-5, Governmental Service Districts located in the City of Muskegon
Former Antique Mall at 902 Pine St. Zoned B-5. There were previously plans for a Micro
Brewery at this location.
30
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Section 1304 (Principal Land Uses Permitted).
13. Restaurants, and cocktail lounges, and brewpubs.
14. Micro Breweries, Small Wineries and Small Distilleries
DELIBERATION
I move that the proposed amendments to Section 1300 and 1301 of Article XIII, of the City of
Muskegon Zoning Ordinance, be recommended to the City Commission for (approval/denial).
Hearing, Case 2012-07: Staff-initiated request to amend Article XIV (I-1 Districts), Section
1400 of the zoning ordinance to allow for “Micro Breweries,” “Breweries,” “Small Wineries,”
“Wineries,” “Small Distilleries,” and “Distilleries.”
BACKGROUND
1. Micro Breweries, Breweries, Small Wineries, Wineries, Small Distilleries and Distilleries
would already be allowed for the production of alcohol under the current zoning. However,
they would not be allowed to have a serving room (restaurant/bar) on the premises under the
current zoning.
2. Under the new zoning definitions, these facilities “may also contain a restaurant, bar or
tasting room as an accessory use.”
3. These types of facilities almost always have a restaurant, bar or tasting room.
4. The way the definitions are written, only these types of facilities could have a restaurant or a
bar, since it is approved as a secondary use to the principal use of manufacturing alcohol.
Other restaurants and bars would not be able to locate in industrial districts.
5. Everything allowed in I-1 Districts are also allowed in I-2 Districts.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Article XIV (I-1 Districts), Section 1400 (Principal Land Uses Permitted).
12. Micro Breweries, Breweries, Small Wineries, Wineries, Small Distilleries and
Distillers.
DELIBERATION
I move that the proposed amendments to Section 1400 of Article XIV, of the City of Muskegon
Zoning Ordinance, be recommended to the City Commission for (approval/denial).
31
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