View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: January 10, 2006
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
I. Roll Call
II. Approval of Minutes of the Regular Meeting of December 13th., 2005.
III. PUBLIC HEARINGS
A. Hearing Case 2006-001: Request for a variance from Section 2331: Landscaping,
Fencing, Walls, Screens and Lighting, to erect an 8 foot tall fence up to the property
line which exceeds the maximum allowed height of 6 feet tall in front of a building
line at 1953 S. Harvey St., by Don Spezia of Sidock Group Inc. on behalf of
Honeywell Burdick & Jackson.
B. Hearing Case 2006-002: Request for a variance from Section 2331: Landscaping,
Fencing, Walls, Screens and Lighting, to allow barbed wire to be placed on the top of
the newly erected fence at 1953 S. Harvey St., by Don Spezia of Sidock Group Inc.
on behalf of Honeywell Burdick & Jackson.
IV. OTHER BUSINESS
A. NONE
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:
Gail A. Kundinger, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
O:\Planning\COMMON\Zoning\Zoning_Board_of_Appeals\ZBA2006\2006 Agendas\zba 1-10.doc
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REVIEW
January 10, 2006
Hearing, Case 2006-001: Request for a variance from Section 2331: Landscaping,
Fencing, Walls, Screens and Lighting, to erect an 8 foot tall fence up to the property
line which exceeds the maximum allowed height of 6 feet tall in front of a building line
at 1953 S. Harvey St..
BACKGROUND:
Applicant: Don Spezia of Sidock Group Inc.
Property Owner: Honeywell Burdick & Jackson
Property Address(location): 1953 S. Harvey St.
Zoning: I-2, General Industrial.
Current Land Use: Chemical Plant.
Request: Variance request is for construction of an 8 foot tall fence in front of a building line
where the maximum allowed height is 6 feet, for additional security.
STAFF OBSERVATIONS
1) The subject property is located at the corner of Keating Avenue and Harvey Street.
2) Zoning of the adjacent properties in the area is all I-2 General Industrial with the property
directly across Harvey street being US-31.
3) The site plan that has been provided indicates a variance is needed along Keating
Avenue, staff believes that the variance if issued will need to apply to the fence being
placed near the guard shack building facing Harvey Street as well. Depending on the
final placement of the fence in that area it appears it will be past the front building line of
the guard shack.
4) The fencing under consideration would be located primarily inside the existing perimeter
fencing.
5) The plant has a substantial amount of fencing around the entire outer perimeter of the
property that is already topped with barbwire.
6) The actual plant is located to the east of the parcel with a large wooded area to the west
of the plant but inside the perimeter fence.
City of Muskegon Zoning Board of Appeals – 1/10/06
1
7) The majority of the existing fence on the site appears to be six feet tall.
8) Staff has received no comments regarding this case.
City of Muskegon Zoning Board of Appeals – 1/10/06
2
Application Page 2:
City of Muskegon Zoning Board of Appeals – 1/10/06
3
Legal Description and Vicinity Map
City of Muskegon Zoning Board of Appeals – 1/10/06
4
Photos of 1953 Harvey St.
City of Muskegon Zoning Board of Appeals – 1/10/06
5
City of Muskegon Zoning Board of Appeals – 1/10/06
6
ORDINANCE EXCERPTS: {Emphasis added}
SECTION 2331: LANDSCAPING, FENCING, WALLS, SCREENS AND LIGHTING
[amended 4/00]
The intent of this section is to promote the public's health, safety, and general welfare by:
minimizing noise, air, and visual pollution; improving the appearance of off-street parking and
parking lots reducing heat, noise, and the glare of automobile and site lights; requiring
buffering between incompatible land uses: regulating the screening of property abutting public
rights-of-way; providing wind breaks, protecting and preserving the appearance, character, and
value of the business community and residential neighborhood areas; preventing soil erosion
and soil depletion; and promoting soil and water retention.
1. Scope: These requirements shall apply to all uses for which site plan review is required
and any other use so specified in this Ordinance. No site plan shall be approved unless
said site plan shows landscaping, berms, greenbelts, buffer zones, and screening
consistent with the requirements set forth herein.
2. Landscape Plan Required: A landscape plan shall be submitted as part of a site plan
review application. The landscape plan shall include, but not necessarily be limited to,
the following items:
a. Location, spacing, size and descriptions for each plant type proposed for use
within the required landscape area.
b. Typical straight cross-section including slope, height, and width of berms and
swales, type of ground cover, or height and type of construction of wall or fence,
including footings.
c. Significant construction details to resolve specific site conditions, such as tree
wells to preserve existing trees or culverts to maintain natural drainage patterns.
d. Identification of natural features, natural drainage areas, existing trees and
vegetative cover to be preserved.
e. Identification of areas to be grass or other ground cover and method of planting.
3. General Requirements:
a. A mixture of plant material, such as evergreen, deciduous trees and shrubs, is
required as a protective measure against insect and disease infestation.
Landscaping shall be multi-tiered with the use of canopy and understory species.
Use of native wildflowers and groundcovers other than traditional horticultural
grasses is encouraged.
City of Muskegon Zoning Board of Appeals – 1/10/06
7
b. Areas used for storm drainage purposes, such as unfenced drainage courses or
retention areas in front or side yards, may be included as a portion of the
required landscaped area.
c. A means of protecting site trees against injury from mowing equipment and
vehicles shall be provided.
d. Plantings shall be used to screen service and storage areas and freestanding sign
poles.
e. Additional landscaping may be required adjacent to buildings to break up long
building expanses and walls void of windows.
f. Landscaping may be required to serve as windbreaks.
g. Landscaping shall be designed to blend with that on adjacent parcels where a
road, walkway or other pathway flows between parcels.
4. Landscape Elements: The following minimum standards shall apply:
a. Quality: Plant material and grasses shall be of generally acceptable varieties and
species for the area, free of insects and diseases and hardy to the climate. The
Zoning Administrator shall provide a suggested list of acceptable plant
materials.
b. Waterfront Properties: Landscaping provided within a waterfront setback shall
be comprised of native species. A ribbon of at least 30-foot of buffer zone shall
be provided immediately adjacent to the waterfront to serve as a buffer for
stormwater runoff.
c. Placement: Landscaping shall be clustered and staggered rather than situated in
straight rows for interest and variety unless such placement is an integral part of
a design element, such as an alley of trees.
d. Berms and Swales: Berms and swales shall be constructed with slopes not to
exceed a 1:3 gradient with side slopes designed and planted to prevent erosion.
Slopes shall be protected with sod, seed, shrubs or other form of natural
groundcover. Berms shall have a rounded surface, which is a minimum of two
(2) feet in width at the highest point of the berm, extending the length of the
berm. Berms are not permitted adjacent to the waterfront.
e. Existing Trees: If existing plant material is labeled "To Remain" on site plans
by the applicant or required by the City, protective techniques, such as, but not
limited to, fencing or barriers placed at the dripline around the perimeter of the
plant material shall be installed during construction. No vehicle or other
construction equipment shall be parked or stored within the dripline of any plant
material intended to be saved. Other protective techniques may be used
provided such techniques are approved by the City.
City of Muskegon Zoning Board of Appeals – 1/10/06
8
f. Preservation Required: All existing live trees in excess of twelve (12) inches in
diameter and at four and one half (4 ½) feet above the ground shall be preserved
as much as practical.
g. Replacement Required: Should any tree required by this ordinance to be
preserved or planted die, it shall be the responsibility of the owner/developer to
replace the dead tree with two (2) trees for every one tree lost with trees of a
minimum of three (3) inches in diameter four and one-half (4 ½) feet above the
ground.
h. Retained Landscaping In Lieu of New Landscaping: Landscaping requirements
may be waived if the existing vegetation to be retained on site meets or exceeds
ordinance requirements for landscaping and screening.
5. Greenbelt Buffers:
a. All required side and rear setbacks shall be landscaped, greenbelt buffers,
unless zero-lot-line is employed for a structure or fire access. At least fifty
percent of all required front setbacks shall be landscaped and adjacent to the
road right-of-way. An average minimum greenbelt of 10 feet shall be
maintained along all street frontages. Greenbelt buffers shall be landscaped in
grass, ground cover, perennials, and/or other natural, living, landscape
material. [amended 12/01, amended 10/02]
b. All required front setbacks shall be landscaped with a minimum of one (1)
canopy or shade tree, two (2) understory or evergreen trees and (2) shrubs, for
each thirty (30) lineal feet (or major portion thereof) of frontage abutting the
right-of-way. Access ways from public rights-of-way through required
landscape strips shall be permitted, but such access ways shall not be subtracted
from the lineal dimension used to determine the minimum number of trees and
shrubs required.
c. Deciduous canopy trees shall be a minimum of twelve (12) feet in height and a
minimum caliper of 2 inches at four and one-half (4 ½) feet above the ground.
Evergreen and understory trees shall be a minimum of six (6) feet high at
planting.
6. Installation and Maintenance:
a. All landscaping and landscape elements shall be planted, and earth moving or
grading performed, according to accepted good planting and grading procedures.
b. Landscaped areas outside of stormwater management areas, native natural
areas, beaches, and dune areas may be required to be irrigated.
City of Muskegon Zoning Board of Appeals – 1/10/06
9
c. The owner of property that is required to be landscaped by this Ordinance shall
maintain such landscaping in a reasonably healthy condition, free from refuse
and debris. All unhealthy and dead material shall be replaced.
7. Screening Between Land Uses:
a. Upon any improvement for which a site plan is required, screening shall be
constructed at least four (4) feet and up to six (6) feet in height may be required
along all adjoining boundaries with residentially zoned or used property. A
landscape buffer with berming, or landscaping with a fence or a solid wall may
be used to meet screening requirements.
b. Where there is a need to provide a greater noise or dust barrier or to screen more
intense development, a solid wall may be required. Such wall shall be
constructed on both sides with stone, face brick, poured-in-place simulated face
brick, or precast brick panels having simulated face brick.
8. Parking Lot Landscaping: Parking lots exceeding 5,000 square feet (including all
parking spaces, lanes, drives and other areas devoted to vehicular use) shall be
landscaped with at least one (1) landscape island. For each additional 5,000 square
feet (or each additional 20 spaces, whichever is greater) an additional landscape
island shall be required. Landscape islands shall be at least 180 square feet in size,
with a minimum width of three (3) feet. Landscape islands shall be landscaped with
one (1) shade canopy tree and three (3) shrubs for every eight (8) parking spaces.
Canopy trees shall be a minimum of twelve (12) feet in height with a minimum
caliper of 2 inches at four and one-half (4 ½) feet above the ground. [amended 10/00]
The Zoning Administrator may allow the substitution of bump-outs or other
landscaping elements in lieu of landscape islands, as long as the square footage,
width, and landscaping requirements are still met. [amended 10/00]
9. Loading Area Screening: All loading areas shall be fenced and screened whenever
abutting a residential use or district.
10. Mechanical Equipment Screening: (this subsection does not apply to single-family
residential uses, or to any use in an industrial land use category unless it abuts a
residential area.) When located outside of a building, support equipment including air
conditioning and heating devices, and water and gas meters, but not including plumbing
or exhaust vents or chimneys, are to be screened to the height of the particular piece of
equipment, as follows:
a. Roof-Mounted Equipment: To be screened by architectural features from the
view of abutting streets and parcels.
b. Equipment at Grade: When located on the ground adjacent to a building,
mechanical equipment is to be screened by landscaping, a solid wall or fencing
from the view of the street or surrounding properties.
City of Muskegon Zoning Board of Appeals – 1/10/06
10
11. Outdoor Storage Screening: Outdoor open storage of any equipment, vehicles and
materials, including waste and waste receptacles, shall be screened from public right-
of-way and residential uses or districts. Such storage shall not be located in the
required front setback. Commercial and industrial uses do not have to screen from one
another. Front yard fencing over 4 feet in height in commercial and industrial zones
shall adhere to the required front setback. A screen of up to six (6) feet but not less
than four feet may be required as part of a site plan review approval. [amended 10/02]
12. Fencing, all Districts: The placement of a fence requires a development permit or site
plan approval. Fencing shall be properly maintained. Fencing materials used as
screening shall consist of the following:
a. Solid board fences of standard commercial construction. The finished side of
the wood shall face abutting properties.
b. Open mesh fencing with woven slats, provided that is of standard commercial
construction.
c. Masonry walls designed and constructed to facilitate maintenance and not
modifying natural drainage in such a way as to endanger adjacent property that
is of standard commercial construction.
13. Placement: A wall, fence or yard enclosure may be erected on the lot line.
14. Height limitations: [amended 10/02]
a. Side and rear yards: In residential districts a wall, fence or yard enclosure
may be up to six (6) feet in height behind any building line of a structure
which abuts a street (see Figure 2.9).
b. Front yards: In any residential front yard (in front of any building line of a
structure which abuts a street), the height of a fence shall not exceed three (3)
feet, unless an open fence is provided (e.g., chain link, picket) in which case it
may be a maximum height of four (4) feet when such fence does not reduce
visibility or interfere with clear vision at intersections, alleys and drives.
c. Commercial and industrial districts: A wall, fence or yard enclosure may
be up to eight (8) feet in height behind the front building line of a
structure. In a front yard (in front of any building line of a structure
which abuts a street), the height shall not exceed six (6) feet and shall not
reduce visibility or interfere with clear vision at intersections, alleys and
drives.
15. Barbed wire: No person shall place, string or maintain barbed wire as part of any
fence, other work or structure in any zoning district unless approved by the Planning
Commission as part of an authorized special use. No barbed wire shall be permitted
in any historic district.
City of Muskegon Zoning Board of Appeals – 1/10/06
11
16. Corner Clearance: [amended 8/05] The following regulations shall apply to all
landscaping, fences, walls, screens, or similar devices at street intersections or
driveways:
a. No fence, wall, sign, or screen or any planting shall be erected or maintained in
such a way as to obstruct vision or interfere with traffic visibility on a curve, or
within twenty-five (25) feet of the right-of-way of a street.
b. No fence, wall, sign, screen or planting shall be erected or maintained in such a
way as to obstruct vision, between a height of three (3) and ten (10) feet, within
twenty-five (25) feet of the right-of-way of a street.
c. No structure, hazard or obstruction shall be placed or maintained in the right-of-
way, except as may be approved by the city.
17. Fire Hazard: No fence or wall shall be approved which constitutes a fire hazard either of
itself or in connection with the existing structures in the vicinity, nor which will interfere
with access by the Fire Department in case of fire to buildings in the vicinity or which
will constitute a hazard to street traffic or to pedestrians.
18. Waterfront Walls and Fences: No fences or walls shall be erected in the waterfront
setback. Obscuring walls and fences shall not be placed parallel to the waterfront.
Approved fences and walls shall be limited to three (3) feet in height in waterfront yards.
19. Exceptions to Fencing and Screening Requirements:
a. Buildings Abutting Lot Lines: Required screening or fencing may be omitted
along any lot line where a building wall exists immediately abutting the lot line.
b. Existing Screening: Any fence, screen, wall or hedge which does not conform to
the provisions of this Section and which is legally existing at the effective date of
this Ordinance may be continued and maintained, provided there is no physical
change other than necessary maintenance and repair in such fence, screen, wall,
or hedge except as permitted in other sections of this Ordinance.
c. Planning Commission Modification: Landscaping may be waived or modified
provided the Planning Commission first makes a finding that specifically
identified characteristics of the site or site vicinity would make required
landscaping, fencing or screening unnecessary or ineffective, or where it would
impair vision of natural amenities.
20. Outdoor lighting in all districts: [amended 1/05] Outdoor lighting in newly developed
commercial and industrial uses, subdivisions, condominium projects and planned unit
developments, or replacement lighting for such developments and institutional uses,
shall be designed and constructed in such a manner to insure that:
a. Direct or directly reflected light is confined to the development site.
b. All light sources and light lenses are shielded.
City of Muskegon Zoning Board of Appeals – 1/10/06
12
c. No light sources or light lenses are directly visible from beyond the boundary
of the site.
d. Lighting fixtures shall be a down-type having one hundred percent (100%) cut
off. The light rays may not be emitted by the installed fixture at angles above
the horizontal plane, as certified by the manufacturer's photometric test.
e. Light sources shall be high-pressure sodium or halogen. Approved exceptions
shall use warm white or natural lamp colors.
f. Lighting shall be equipped with baffling or other devices to assure that the
above requirements are achieved.
g. The applicant shall submit the specifications for the lights, poles, fixtures and
light sources to the City for approval prior to installation.
h. The height of light poles shall not exceed twenty-five (25) feet as measured
from average grade.
City of Muskegon Zoning Board of Appeals – 1/10/06
13
Notice Map:
City of Muskegon Zoning Board of Appeals – 1/10/06
14
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 an 8 foot tall fence in front of the building line for the
fencing being constructed as indicated on the included site plan at 1953 S. Harvey Street, 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. The variance is recorded with the deed to keep record of it in the future.
2. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.
3. The fencing is constructed on the property as indicated on the included site plan.
City of Muskegon Zoning Board of Appeals – 1/10/06
15
Hearing, Case 2006-002: Request for a variance from Section 2331: Landscaping,
Fencing, Walls, Screens and lighting, to allow the placement of barbwire on the newly
erected fence as indicated on the included site plan at, 1953 Harvey Street.
BACKGROUND:
Applicant: Don Spezia of Sidock Group Inc.
Property Owner: Honeywell Burdick & Jackson
Property Address(location): 1953 Harvey St.
Zoning: I-2, General Industrial.
Current Land Use: Chemical Plant.
Request: A Variance request to place barbwire on top of the newly erected fence for security
reasons.
STAFF OBSERVATIONS
1) The subject property is located at the corner of Keating Avenue and Harvey Street.
2) Zoning of the adjacent properties in the area is all I-2 General Industrial with the property
directly across Harvey street being US-31.
3) The plant has a substantial amount of fencing around the entire outer perimeter of the
property that is already topped with barbwire.
4) The actual plant is located to the east of the parcel with large wooded areas to the west of
the plant but inside the perimeter fence.
5) All of the existing fence on the site appears to be six feet tall with barbwire on top.
6) Staff has received no comments regarding this case.
City of Muskegon Zoning Board of Appeals – 1/10/06
16
Application Page 2:
City of Muskegon Zoning Board of Appeals – 1/10/06
17
Legal Description and Vicinity Map:
City of Muskegon Zoning Board of Appeals – 1/10/06
18
Photos of 1953 S. Harvey:
City of Muskegon Zoning Board of Appeals – 1/10/06
19
City of Muskegon Zoning Board of Appeals – 1/10/06
20
ORDINANCE EXCERPTS: [Emphasis added]
SECTION 2331: LANDSCAPING, FENCING, WALLS, SCREENS AND LIGHTING
[amended 4/00]
The intent of this section is to promote the public's health, safety, and general welfare by:
minimizing noise, air, and visual pollution; improving the appearance of off-street parking and
parking lots reducing heat, noise, and the glare of automobile and site lights; requiring
buffering between incompatible land uses: regulating the screening of property abutting public
rights-of-way; providing wind breaks, protecting and preserving the appearance, character, and
value of the business community and residential neighborhood areas; preventing soil erosion
and soil depletion; and promoting soil and water retention.
1. Scope: These requirements shall apply to all uses for which site plan review is required
and any other use so specified in this Ordinance. No site plan shall be approved unless
said site plan shows landscaping, berms, greenbelts, buffer zones, and screening
consistent with the requirements set forth herein.
5. Landscape Plan Required: A landscape plan shall be submitted as part of a site plan
review application. The landscape plan shall include, but not necessarily be limited to,
the following items:
f. Location, spacing, size and descriptions for each plant type proposed for use
within the required landscape area.
g. Typical straight cross-section including slope, height, and width of berms and
swales, type of ground cover, or height and type of construction of wall or fence,
including footings.
h. Significant construction details to resolve specific site conditions, such as tree
wells to preserve existing trees or culverts to maintain natural drainage patterns.
i. Identification of natural features, natural drainage areas, existing trees and
vegetative cover to be preserved.
j. Identification of areas to be grass or other ground cover and method of planting.
6. General Requirements:
h. A mixture of plant material, such as evergreen, deciduous trees and shrubs, is
required as a protective measure against insect and disease infestation.
Landscaping shall be multi-tiered with the use of canopy and understory species.
Use of native wildflowers and groundcovers other than traditional horticultural
grasses is encouraged.
City of Muskegon Zoning Board of Appeals – 1/10/06
21
i. Areas used for storm drainage purposes, such as unfenced drainage courses or
retention areas in front or side yards, may be included as a portion of the
required landscaped area.
j. A means of protecting site trees against injury from mowing equipment and
vehicles shall be provided.
k. Plantings shall be used to screen service and storage areas and freestanding sign
poles.
l. Additional landscaping may be required adjacent to buildings to break up long
building expanses and walls void of windows.
m. Landscaping may be required to serve as windbreaks.
n. Landscaping shall be designed to blend with that on adjacent parcels where a
road, walkway or other pathway flows between parcels.
7. Landscape Elements: The following minimum standards shall apply:
i. Quality: Plant material and grasses shall be of generally acceptable varieties and
species for the area, free of insects and diseases and hardy to the climate. The
Zoning Administrator shall provide a suggested list of acceptable plant
materials.
j. Waterfront Properties: Landscaping provided within a waterfront setback shall
be comprised of native species. A ribbon of at least 30-foot of buffer zone shall
be provided immediately adjacent to the waterfront to serve as a buffer for
stormwater runoff.
k. Placement: Landscaping shall be clustered and staggered rather than situated in
straight rows for interest and variety unless such placement is an integral part of
a design element, such as an alley of trees.
l. Berms and Swales: Berms and swales shall be constructed with slopes not to
exceed a 1:3 gradient with side slopes designed and planted to prevent erosion.
Slopes shall be protected with sod, seed, shrubs or other form of natural
groundcover. Berms shall have a rounded surface, which is a minimum of two
(2) feet in width at the highest point of the berm, extending the length of the
berm. Berms are not permitted adjacent to the waterfront.
m. Existing Trees: If existing plant material is labeled "To Remain" on site plans
by the applicant or required by the City, protective techniques, such as, but not
limited to, fencing or barriers placed at the dripline around the perimeter of the
plant material shall be installed during construction. No vehicle or other
construction equipment shall be parked or stored within the dripline of any plant
material intended to be saved. Other protective techniques may be used
provided such techniques are approved by the City.
City of Muskegon Zoning Board of Appeals – 1/10/06
22
n. Preservation Required: All existing live trees in excess of twelve (12) inches in
diameter and at four and one half (4 ½) feet above the ground shall be preserved
as much as practical.
o. Replacement Required: Should any tree required by this ordinance to be
preserved or planted die, it shall be the responsibility of the owner/developer to
replace the dead tree with two (2) trees for every one tree lost with trees of a
minimum of three (3) inches in diameter four and one-half (4 ½) feet above the
ground.
p. Retained Landscaping In Lieu of New Landscaping: Landscaping requirements
may be waived if the existing vegetation to be retained on site meets or exceeds
ordinance requirements for landscaping and screening.
14. Greenbelt Buffers:
d. All required side and rear setbacks shall be landscaped, greenbelt buffers,
unless zero-lot-line is employed for a structure or fire access. At least fifty
percent of all required front setbacks shall be landscaped and adjacent to the
road right-of-way. An average minimum greenbelt of 10 feet shall be
maintained along all street frontages. Greenbelt buffers shall be landscaped in
grass, ground cover, perennials, and/or other natural, living, landscape
material. [amended 12/01, amended 10/02]
e. All required front setbacks shall be landscaped with a minimum of one (1)
canopy or shade tree, two (2) understory or evergreen trees and (2) shrubs, for
each thirty (30) lineal feet (or major portion thereof) of frontage abutting the
right-of-way. Access ways from public rights-of-way through required
landscape strips shall be permitted, but such access ways shall not be subtracted
from the lineal dimension used to determine the minimum number of trees and
shrubs required.
f. Deciduous canopy trees shall be a minimum of twelve (12) feet in height and a
minimum caliper of 2 inches at four and one-half (4 ½) feet above the ground.
Evergreen and understory trees shall be a minimum of six (6) feet high at
planting.
15. Installation and Maintenance:
d. All landscaping and landscape elements shall be planted, and earth moving or
grading performed, according to accepted good planting and grading procedures.
e. Landscaped areas outside of stormwater management areas, native natural
areas, beaches, and dune areas may be required to be irrigated.
City of Muskegon Zoning Board of Appeals – 1/10/06
23
f. The owner of property that is required to be landscaped by this Ordinance shall
maintain such landscaping in a reasonably healthy condition, free from refuse
and debris. All unhealthy and dead material shall be replaced.
16. Screening Between Land Uses:
c. Upon any improvement for which a site plan is required, screening shall be
constructed at least four (4) feet and up to six (6) feet in height may be required
along all adjoining boundaries with residentially zoned or used property. A
landscape buffer with berming, or landscaping with a fence or a solid wall may
be used to meet screening requirements.
d. Where there is a need to provide a greater noise or dust barrier or to screen more
intense development, a solid wall may be required. Such wall shall be
constructed on both sides with stone, face brick, poured-in-place simulated face
brick, or precast brick panels having simulated face brick.
17. Parking Lot Landscaping: Parking lots exceeding 5,000 square feet (including all
parking spaces, lanes, drives and other areas devoted to vehicular use) shall be
landscaped with at least one (1) landscape island. For each additional 5,000 square
feet (or each additional 20 spaces, whichever is greater) an additional landscape
island shall be required. Landscape islands shall be at least 180 square feet in size,
with a minimum width of three (3) feet. Landscape islands shall be landscaped with
one (1) shade canopy tree and three (3) shrubs for every eight (8) parking spaces.
Canopy trees shall be a minimum of twelve (12) feet in height with a minimum
caliper of 2 inches at four and one-half (4 ½) feet above the ground. [amended 10/00]
The Zoning Administrator may allow the substitution of bump-outs or other
landscaping elements in lieu of landscape islands, as long as the square footage,
width, and landscaping requirements are still met. [amended 10/00]
18. Loading Area Screening: All loading areas shall be fenced and screened whenever
abutting a residential use or district.
19. Mechanical Equipment Screening: (this subsection does not apply to single-family
residential uses, or to any use in an industrial land use category unless it abuts a
residential area.) When located outside of a building, support equipment including air
conditioning and heating devices, and water and gas meters, but not including plumbing
or exhaust vents or chimneys, are to be screened to the height of the particular piece of
equipment, as follows:
c. Roof-Mounted Equipment: To be screened by architectural features from the
view of abutting streets and parcels.
d. Equipment at Grade: When located on the ground adjacent to a building,
mechanical equipment is to be screened by landscaping, a solid wall or fencing
from the view of the street or surrounding properties.
City of Muskegon Zoning Board of Appeals – 1/10/06
24
20. Outdoor Storage Screening: Outdoor open storage of any equipment, vehicles and
materials, including waste and waste receptacles, shall be screened from public right-
of-way and residential uses or districts. Such storage shall not be located in the
required front setback. Commercial and industrial uses do not have to screen from one
another. Front yard fencing over 4 feet in height in commercial and industrial zones
shall adhere to the required front setback. A screen of up to six (6) feet but not less
than four feet may be required as part of a site plan review approval. [amended 10/02]
21. Fencing, all Districts: The placement of a fence requires a development permit or site
plan approval. Fencing shall be properly maintained. Fencing materials used as
screening shall consist of the following:
d. Solid board fences of standard commercial construction. The finished side of
the wood shall face abutting properties.
e. Open mesh fencing with woven slats, provided that is of standard commercial
construction.
f. Masonry walls designed and constructed to facilitate maintenance and not
modifying natural drainage in such a way as to endanger adjacent property that
is of standard commercial construction.
22. Placement: A wall, fence or yard enclosure may be erected on the lot line.
21. Height limitations: [amended 10/02]
d. Side and rear yards: In residential districts a wall, fence or yard enclosure
may be up to six (6) feet in height behind any building line of a structure
which abuts a street (see Figure 2.9).
e. Front yards: In any residential front yard (in front of any building line of a
structure which abuts a street), the height of a fence shall not exceed three (3)
feet, unless an open fence is provided (e.g., chain link, picket) in which case it
may be a maximum height of four (4) feet when such fence does not reduce
visibility or interfere with clear vision at intersections, alleys and drives.
f. Commercial and industrial districts: A wall, fence or yard enclosure may be
up to eight (8) feet in height behind the front building line of a structure. In a
front yard (in front of any building line of a structure which abuts a street), the
height shall not exceed six (6) feet and shall not reduce visibility or interfere
with clear vision at intersections, alleys and drives.
22. Barbed wire: No person shall place, string or maintain barbed wire as part of
any fence, other work or structure in any zoning district unless approved by the
Planning Commission as part of an authorized special use. No barbed wire shall
be permitted in any historic district.
City of Muskegon Zoning Board of Appeals – 1/10/06
25
23. Corner Clearance: [amended 8/05] The following regulations shall apply to all
landscaping, fences, walls, screens, or similar devices at street intersections or
driveways:
d. No fence, wall, sign, or screen or any planting shall be erected or maintained in
such a way as to obstruct vision or interfere with traffic visibility on a curve, or
within twenty-five (25) feet of the right-of-way of a street.
e. No fence, wall, sign, screen or planting shall be erected or maintained in such a
way as to obstruct vision, between a height of three (3) and ten (10) feet, within
twenty-five (25) feet of the right-of-way of a street.
f. No structure, hazard or obstruction shall be placed or maintained in the right-of-
way, except as may be approved by the city.
24. Fire Hazard: No fence or wall shall be approved which constitutes a fire hazard either of
itself or in connection with the existing structures in the vicinity, nor which will interfere
with access by the Fire Department in case of fire to buildings in the vicinity or which
will constitute a hazard to street traffic or to pedestrians.
25. Waterfront Walls and Fences: No fences or walls shall be erected in the waterfront
setback. Obscuring walls and fences shall not be placed parallel to the waterfront.
Approved fences and walls shall be limited to three (3) feet in height in waterfront yards.
26. Exceptions to Fencing and Screening Requirements:
d. Buildings Abutting Lot Lines: Required screening or fencing may be omitted
along any lot line where a building wall exists immediately abutting the lot line.
e. Existing Screening: Any fence, screen, wall or hedge which does not conform to
the provisions of this Section and which is legally existing at the effective date of
this Ordinance may be continued and maintained, provided there is no physical
change other than necessary maintenance and repair in such fence, screen, wall,
or hedge except as permitted in other sections of this Ordinance.
f. Planning Commission Modification: Landscaping may be waived or modified
provided the Planning Commission first makes a finding that specifically
identified characteristics of the site or site vicinity would make required
landscaping, fencing or screening unnecessary or ineffective, or where it would
impair vision of natural amenities.
27. Outdoor lighting in all districts: [amended 1/05] Outdoor lighting in newly developed
commercial and industrial uses, subdivisions, condominium projects and planned unit
developments, or replacement lighting for such developments and institutional uses,
shall be designed and constructed in such a manner to insure that:
i. Direct or directly reflected light is confined to the development site.
j. All light sources and light lenses are shielded.
City of Muskegon Zoning Board of Appeals – 1/10/06
26
k. No light sources or light lenses are directly visible from beyond the boundary
of the site.
l. Lighting fixtures shall be a down-type having one hundred percent (100%) cut
off. The light rays may not be emitted by the installed fixture at angles above
the horizontal plane, as certified by the manufacturer's photometric test.
m. Light sources shall be high-pressure sodium or halogen. Approved exceptions
shall use warm white or natural lamp colors.
n. Lighting shall be equipped with baffling or other devices to assure that the
above requirements are achieved.
o. The applicant shall submit the specifications for the lights, poles, fixtures and
light sources to the City for approval prior to installation.
p. The height of light poles shall not exceed twenty-five (25) feet as measured
from average grade.
City of Muskegon Zoning Board of Appeals – 1/10/06
27
Notice Map:
City of Muskegon Zoning Board of Appeals – 1/10/06
28
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 to allow barbwire to be placed on the newly erected fencing as shown in the
included site plan for 1953 S. Harvey Street, 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. The variance is recorded with the deed to keep record of it in the future.
2. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.
3. The barbed wire is placed on the new fence as indicated in the included site plan.
City of Muskegon Zoning Board of Appeals – 1/10/06
29
Sign up for City of Muskegon Emails