Planning Commission Packet 09-11-2014

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                                                     CITY OF MUSKEGON
                                                 PLANNING COMMISSION
                                                     REGULAR MEETING


DATE OF MEETING:                          Thursday, September 11, 2014
TIME OF MEETING:                          4:00 p.m.
PLACE OF MEETING:                          Commission Chambers, First Floor, Muskegon City Hall
—_————


                                                                AGENDA




   I.   Roll Call


  I.    Approval of Minutes from the regular meeting of July 10, 2014.


 IIL.   Public Hearings


  A. Hearing, Case 2014-11:                      Staff-initiated request to amend Section 2313 (Community
        Gardens) of the Zoning Ordinance to replace it with an Urban Farming ordinance.


 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

                                                         July 10, 2014

  Chairman T. Michalski called the meeting to order at 4:01 p.m. and roll
                                                                          was taken.

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

  MEMBERS ABSENT:                        None

  STAFF PRESENT:                         M. Franzak, D. Renkenberger

  OTHERS PRESENT:                        D. Mayville, BMA Architects; E. Wilgenburg, Newkirk Electric; J. Selmon,
                                         Muskegon Community College

 APPROVAL OF MINUTES


 A motion that the minutes of the regular meeting of May 15, 2014
                                                                  be approved, was made by B. Mazade,
 supported by S. Wisneski and unanimously approved.


 PUBLIC HEARINGS

 Hearing, Case 2014-08:                Request for an alley vacation for the alley between Vulcan
                                                                                                  Street_and
 Brunswick Street from Nims Street to Keating Avenue, by Newkirk Electric.
                                                                           M. Franzak presented the
 staff report.    Nims and Vulcan Streets were recently vacated so that Newkirk
                                                                                Electric could utilize their
 property at 1975 Vulcan Street and fence in all of their properties.
                                                                      Newkirk would now like to vacate the
 alley between Vulcan and Brunswick Streets from Nims to Keating
                                                                 to provide additional space for their
 operations, This would also help with maintenance of the area, since it would
                                                                                 be difficult for anyone to
 maintain the alley once a fence is put up between the company and the residential
                                                                                   homes. Notice was sent
 to property owners and tenants abutting the affected alley.


 Board members verified that the required public notices had been made
                                                                       and that staff had received no
objections or comments from the public. M. Franzak stated that was correct,

A motion to close the public hearing was made by B, Smith, supported by B. Larson
                                                                                  and unanimously
approved.

A motion that the vacation of the alley between Vulcan Street and Brunswick
                                                                            Street, from Nims Street to
Keating Avenue be recommended to City Commission for approval, based
                                                                     on compliance with the City’s
1997 Master Land Use Plan, was made by J. Doyle, supported by B.
                                                                 Smith and unanimously approved.

Hearing, Case 2014-09:            Staff-initiated request to extend the current Master Plan, Per the Michigan
Zoning and Enabling Act, the City must pass a resolution every five years to
                                                                             either update the Master Plan
or extend the current Master Plan. Staff has recommended extending
                                                                        the current Master Plan while we
update the Zoning Ordinance.      The Planning Commission had previously indicated their support
                                                                                                        of
extending the plan, but a public hearing is also required. Staff
                                                                 has given the proper notices to the other
local jurisdictions and has received no comments. The issue is
                                                               now ready for a final vote.

B. Mazade stated that there had been a lot of changes in the City since
                                                                        the last Master Plan, but its purpose
Was to serve as a guide, not a strict interpretation.       T. Michalski suggested setting a timeline for updating

Planning Commission Minutes— 7/10/14
                                                                                                                1
the plan. L. Spataro asked that the master plan issue be addressed before the next deadline. M. Franzak
stated that the consultants who were currently working on form based codes for the City were also looking
at some other areas of town, so that information should be useful when updating the plan. S. Gawron stated
that action by the Planning Commission was needed for compliance with state regulations.

A motion to close the public hearing was made by B. Mazade, supported by L. Spataro and unanimously
approved,

A motion that the City of Muskegon extend the current Master Plan was made by B. Mazade, supported by
S. Gawron and unanimously approved.

NEW BUSINESS

Case 2014-010: Request for a site plan review for a building     addition at 221 S.
Muskegon Community College. M. Franzak presented the staff report. The proposed one-story addition
measures 17,600 square feet and will be located on the northeast side of the existing main school building.
The property is zoned RM-1, Low Density Multiple Family Residential. The site plan meets all applicable
setback requirements, with the front setback off Quarterline Road         being 53    feet.   Their parking
requirements will still be met with this addition and no new parking spaces are planned. Staff is requesting
the following changes to the site plan: a) A landscaping plan must be submitted. There will be nine oak
trees and two pine trees removed for this development.     Staff is requesting that these trees be replaced
somewhere else on site, in addition to the other landscaping requirements; b) The temporary gravel drive
needs to be asphalt to contain erosion; and c) Location of all existing fire hydrants at and near property
shall be shown on the site plan. Fire hydrants shall comply with IFC appendix C. Staff would also like to
make the applicant aware of the following requirements: a) Water supply fire flow test shall be conducted
and submitted to the Fire Marshall, b) Soil Erosion permit is required from Muskegon County Public
Works, and c) When working on water main, contact Dave Baker at 724-4184 for valves to be turned
on/off.

M. Franzak stated that, regarding the paving of the temporary gravel drive, he was going to talk to the City
Engineer to determine what could be done to minimize erosion, rather than requiring that the whole thing
be paved.      L. Spataro asked if the project required DEQ or County drain commissioner approval.       M.
Franzak stated that the County would have to approve a soil erosion permit. D. Mayville represented the
applicant.    He stated the building would be LEED-certified and they were very aware of environmental
issues. He explained the site work and landscaping that would be done. He stated that they were installing
a rain garden and a geothermal system, all of which was being communicated to the DEQ. J. Doyle asked
if parking spaces would be added. D. Mayville stated that the campus currently had more parking spaces
than required, and they would not be adding more.

A motion that the site plan for the building addition at 221 South Quarterline Road be approved, with the
condition that the comments in item #6 of the staff report are addressed and approved by staff, was made
by L. Spataro, supported by B. Smith and unanimously approved.



OLD BUSINESS

None


OTHER


J. Doyle asked about the former Michigan Steel Foundry property.      F. Peterson stated that City staff has
been meeting with the property owners,


There being no further business, the meeting was adjourned at 4:29 p.m.
Planning Commission Minates— 7/10/14                                                                      2
                                        CITY OF MUSKEGON
                                      PLANNING COMMISSION
                                        REGULAR MEETING


                                          September 11, 2014


Hearing, Case 2014-11:       Staff-initiated request to amend Section 2313 (Community Gardens) of
the zoning ordinance to replace it with an urban farming ordinance.

STAFF OBSERVATIONS

    Lk   There are some community garden organizations in the community are who working with
         schools and other non-profit organizations to donate/sell vegetables for their lunch
         programs. The current community gardens ordinance does not allow for the sale/donation
         of crops. This new ordinance will better define what can be sold/donated.

         The new ordinance better defines what types of structures are allowed on site and defines
         the setback requirements.

         The Planning Commission is being asked to recommend one of the two versions to the
         City Commission for adoption. One version will allow commercial sales and one version
         will prohibit commercial sales. The version that does not allow commercial sales would
         still allow urban farms to accept donations from individuals or other non-profit
         organizations as long as they are used to further sustain the operation and support of the
         mission of the urban farm.

         There will be a presentation by city attorney Michelle Landis at the Planning Commission
         meeting to go over the details of the Michigan Right to Farm Act, GAAMPs and all other
         aspects of that may come into play under our new ordinance.

         Enclosed in the packet are the current Community Gardens ordinance and two versions of
         the proposed Community Gardens, Urban Farms and Private Farms ordinance (one
         allowing commercial sales and one prohibiting commercial sales).


MOTION FOR CONSIDERATION


I move that the amendment to Section 2313 of the Zoning Ordinance, which (includes OR
excludes) commercial sales, be recommended to City Commission for (approval/denial).
                                                      (4. ) A lowoS Co mMmoerti'al
                                                  City of Muskegon                                             So Le, Ss
                                          Muskegon County, Michigan
                                        Ordinance Amendment No.

THE CITY OF MUSKEGON HEREBY ORDAINS:


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


SECTION 2313: COMMUNITY GARDENS, URBAN FARMS
                                             and PRIVATE FARMS

   1,        Definitions


             a.    Urban Farm (“farm”): a vacant parcel of land (or combination of
                                                                                          two or more vacant
                   adjacent lots) that is used for the cultivation of fruits and vegetabl
                                                                                          es, plants, flowers
                   or herbs by a city-recognized neighborhood group or 501(c)
                                                                                    non-profit organization
                   who work together to tend a single garden or several garden
                                                                                    plots or crops on the
                   parcel. An Urban Farm is not an individual garden maintained
                                                                                      by its property
                   owner(s) or occupant(s).


         b.        Community Garden (“garden”): a vacant parcel of land or vacant
                                                                                  portion of a parcel
                   of land that is divided into plots for cultivation of fruits
                                                                                and vegetables, plants,
                   flowers or herbs by one or more individuals and/or groups or cultivat
                                                                                         ed by
                   individuals and/or groups collectively. The land may or
                                                                           may not be owned by a
                   participating member of the community garden group.
                                                                           The Community Garden need
                   not be operated by a city-recognized group or 501(c) non-pro
                                                                                fit organization.
         c.        Cold Frame: a transparent-roofed enclosure, built low to the
                                                                                ground, used to protect
                   plants from adverse weather. The transparent top admits sunlight
                                                                                    and prevents heat
                   escape via convection that would otherwise occur, particu
                                                                             larly at night. Essentially, a
                  cold frame functions as a miniature greenhouse to extend the
                                                                               growing season.
        d.        Compost: relatively stable decomposed organic matter for
                                                                              use in agricultural and
                  other growing practices, usually consisting of materials such as
                                                                                   grass, leaves, yard
                  waste, worms, and also including raw and uncooked
                                                                    kitchen food wastes, but
                  specifically excluding bones, meat, fat grease, oil, raw manure
                                                                                  and milk products,

        e.        Farm Animals: all animals traditionally found or used on an
                                                                                operating farm, including
                  but not limited to, horses, sheep, goats, cows, chickens,
                                                                            donkeys, turkeys and alpaca.

        f.        Farm Equipment and Tools: those pieces of machinery and tools
                                                                                         used to prepare the
                  soil, cultivate produce, fertilize, harvest, etc., including but not
                                                                                       limited to, tractors,
                  rototillers, rakes, shovels, hoes, fertilizer, pesticide and
                                                                               herbicide spreaders and
                  sprayers, etc.


        g.        Greenhouse: A building or structure whose roof and sides are
                                                                                 made largely of glass or
                  other transparent or translucent material and in which the
                                                                             temperature and humidity
                  can be regulated for the cultivation of plants.
h. Hoop house: an unheated structure whose roof and sides are made largely of
   transparent or translucent material (not glass) for the purpose of the cultivation of
     plants inside.


i.   Orchard: The establishment, care, harvesting of a group of more than ten (10) fruit or
     nut bearing trees.

j.   Private Farm: A vacant parcel of land (or combination of two or more vacant adjacent
     lots) used to grow and harvest food crops and/or non-food crops for personal use by
     the owner or tenant of the land.

k. Private Farmer: the individual in charge of operating the Private Farm on property
     that s/he owns or leases.

1,   Urban Farm Coordinator: the Urban Farm’s designated liaison to the city.

m. Rainwater Catchment System: a method of catching rainwater runoff from the roof
     of a structure into rain gutters that channel into a rain barrel, drum or cistern.

The Urban Farm is intended to bring citizens together to work collaboratively in growing
food for their personal use or donation, to promote education with regard to agriculture,
provide a positive communal environment for children and adults living nearby and an
opportunity for volunteer work among participants. A Private Farm is distinguished from
an Urban Farm in that it is operated by a private party who owns or leases the property
for the sole purpose of cultivating food and non-food products for personal consumption
and use,


The agricultural uses of Community Gardens, Private Farms and Urban Farms are limited
to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and
tillage of soil and the production, cultivation, growing and harvesting of any agricultural,
floricultural, or horticultural produce, No farm animals are permitted.

Community Gardens, Private Farms and Urban Farms are a permitted use in all Zoning
Districts but require prior approval of the Zoning Administrator.


No on-site sales shall be permitted. The products grown in the Community Garden,
Private Farms and Urban Farms may be sold commercially within the City to non-profit
organizations such as schools, at the City farmers’ market, to restaurants, to grocery
stores and to convenience stores that sell food products. Only Urban Farm groups may
accept donations directly from individuals in exchange for products grown in the garden
if such donations shall be used to further sustain the operation and support the mission of
the Urban Farm.
6.   Garden Coordinator and Urban Farm Coordinator


     Each Community Garden shall have a Garden Coordinator (“Coordinator”) and each
     Urban Farm shall have an Urban Farm Coordinator designated as its liaison to the City.
     The Coordinator’s name and contact information shall be given to the Zoning
     Administrator.


7,   The Garden Coordinator, Urban Farm Coordinator or Private Farmer shall submit a site
     plan to the Zoning Administrator for approval prior to beginning the garden or farm.


        a.    The site plan must include the following:


              i.         The name of the Garden Coordinator, Urban Farm Coordinator or Private
                         Farmer,
                         The project address.
              iii.       The legal owner of the parcel(s).
              iv,        If the Community Garden, Urban Farm organization or Private Farmer is a
                         tenant, include the length of the current lease.
              v.         The project name (if any).
              vi,        Gross site area of parcel(s) to be used, including dimensions.
              vii.       Location map showing all existing structures and proposed improvements
                         to the parcel with dimensions, including height and set-backs.
             viii.      | Major roads abutting parcel(s).
              ix.        Location of all lakes, streams, rivers, creeks, brooks, ponds or wetlands
                         adjacent to or in the immediate vicinity of the parcel(s).
             Ke          Location of the crop areas,
             xi          Fencing or walls.
             xii.        Location of compost piles.
             xiii.       Ingress and egress.
             xiv,        Location of loading areas.
             xv.         Location of trash containers and/or dumpsters.
             xvi.        Location of storage structure and items to be stored.
             xvii.       Location and description of sign(s), if any.


       b.    The site plan shall also include a narrative generally describing the following, as
             applicable:

             i,  The types, methods of application, storage of proposed pesticides, herbicides,
                 fertilizers, and any other chemicals that will be used.
             ii. The type of machinery and equipment proposed and description of the noise,
                     vibration, smoke, odor, dust, dirt that may be a nuisance to surrounding
                     properties,
             iii. Evaluation of existing soil conditions and plans to mitigate soil issues, as
                     necessary.
         c.         The Garden Coordinator or Urban Farmer shall update the site plan with the
                    Zoning Administrator as changes or additions are made to the site plan items
                    enumerated in Section (a) above.


8.   The garden or farm must be designed and maintained so that water, chemicals, dirt, mud
     or fertilizer will not drain into the streets, alleys or adjacent properties. Any use of
     pesticides or fertilizers must comply with applicable state or federal regulations.


9.   Setback, height and size requirements.


         a.        Buildings and accessory structures must comply with the setback, height and size
                   requirements of the zoning district in which the garden or farm is located. Hoop
                   houses and greenhouses are considered primary structures. Sheds and garages are
                   considered accessory structures.


         b.        Cultivation must comply with the following additional setback requirements:


                  i,  Crop areas must be set back at least five (5) feet from all property lines.
                  ii. Orchards and all crops reaching a height of five feet at maturity shall be set
                      back at least fifteen (15) feet from the lot line of any lot developed with a
                      residential, public, civic/institutional, retail/service/commercial or
                             manufactured/industrial land use.
                  iii, Planting beds must be set back at least three (3) feet from all property lines.
                       However, if the plants are over five (5) feet tall, they must have a minimum
                             setback from all property lines of fifteen (15) feet.
                 iv. Rain barrel systems must be set back at least three (3) feet from all property
                             lines.
                 vy.The required setback area must be covered with ground plants, which may
                    include native or ornamental grasses.
                vi. Compost areas or waste bins must be less than sixteen (16) square feet in size
                             and must be set back at least ten (10) feet from all property lines and at least
                             twenty (20) feet from the nearest principal residential structure.


10. Site plans containing the following may be included if they are not an obstruction to clear
     vision at drives or intersections, they meet designated set back requirements and they do
     not create an odor or other nuisance for neighboring properties:


                                Compost or waste bins
              tre me pe ge




                                Picnic tables
                                Garden art
                                Rain barrel systems or rainwater catchment systems
                                Benches
                                Bike racks
                                Raised/accessible planting beds
                                Cold frames
                                Planting beds
                                Sheds
                k.     Garages
                L      Greenhouses
               m.      Hoop houses


 i. Designated on site parking shall not be permitted.


 12, The Urban Farm and Community Garden shall have a sign indicating an
                                                                              established set
     of hours of operation. The sign may indicate the farm, group or garden name.
                                                                                   The sign
     shall be no larger than 5’x5’ and must indicate the name and contact telephone
                                                                                    number
        for the Urban Farm Coordinator or Garden Coordinator.


 13. All fencing requires a Development Permit and must comply with
                                                                    existing fencing rules
     and regulations,


14. No water or irrigation wells may be installed unless by a state-licensed well-dril
                                                                                       ling firm,
    and with approval and necessary permit from the City and County. If the Communi
                                                                                    ty
    Garden is located on a city owned parcel, the city must first grant approval
                                                                                 of the well.
    All groundwater wells located on city property must be removed by the responsib
                                                                                        le
    group, at their expense, when the garden is no longer in use.


15. Farm animals, including all livestock, are prohibited in a Community Garden,
                                                                                 Urban
    Farm or Private Farm.


16. Oats, wheat and rye may be used as a winter cover crop but not
                                                                   grown to full maturity in
    any season.



17. Trash shall be located to the rear of the property unless the Departm
                                                                          ent of Public Works
    determines that another location creates less impact on the adjacent propertie
                                                                                   s,

18. Lighting, if provided, shall be shielded so that all directly emitted
                                                                          light falls within the
   property.


19, Property Maintenance.


   a.     The property shall be maintained free of high grass (with the exceptio
                                                                                 n of purposely
          cultivated native species, which shall be allowed), noxious weeds,
                                                                             or debris. Dead
          garden plants shall be removed regularly, and in any instance, no
                                                                            later than November
          30" of each year,
   b.     Plants from cultivated areas shall be prevented from encroaching onto
                                                                                adjacent
         properties or onto the public right-of-way.
   c.    The property shall generally be maintained in an orderly and neat condition
                                                                                     .
   d.    Farm equipment and tools shall be stored in a shed or other approve
                                                                             d structure on the
         premises.
   e.     Seeds and harvested crops on site shall be stored so as not to attract
                                                                                 animals.
    20. Nuisance.


        Agricultural uses of community gardens, urban farms and private farms shall not be
        detrimental to the physical environment or to the public health and general welfare by
        reason of excessive production of noise, smoke, fumes, vibrations, or odors.


    21. Motorized and other equipment; storage; noise; hours of operation.


           a.     Tools, supplies and machinery shall be stored in an enclosed structure or removed
                  from the property daily. All chemicals and fuels shall be stored off of the ground,
                  in an enclosed, locked structure when the site is unattended.
           b.     Motorized equipment within a residential zoning district shall be restricted to
                  hours beginning at 8:00a.m. and ending at 8:00p.m


    22. Restroom facilities.


       If temporary restroom facilities are provided on site, they shall be screened on at least
       three (3) sides from public view by an opaque impact-resistant fence of sufficient height
       to screen the facility. Such facilities are allowed only during the growing season from
       April 15" through October 15".

    23. Compost.


       Compost must be maintained and stored to avoid any odor reaching neighboring
       property.



    24, Compliance with Other Regulations.


       Community gardens, urban farms and private farms shall comply with all applicable
       local, state and federal regulations.


This ordinance adopted:


       Ayes:
       Nays:


Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                       CITY OF MUSKEGON


                                                       By
                                                            Ann Cummings, MMC
                                                            City Clerk
                                         CERTIFICATE


      The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the         day of                      , 2014, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.



DATED:                    » 2014




                                        Ann Cummings, MMC
                                        Clerk, City of Muskegon

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

TO: ALL PERSONS INTERESTED


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


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

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


   2.    Section 2 describes the Urban Farm as a collaborative effort run by a city-recognized
         neighborhood group or 501(c) non-profit organization, to grow food, promote education
         and provide a positive communal environment for volunteers and the neighborhood. A
         Private Farm is distinguished from an Urban Farm in that it is operated by a private party
         who owns or leases the property for the sole purpose of cultivating food and non-food
         products for personal consumption and use.


   3,    Section 3 indicates that the gardens and farms are limited to growing and harvesting
         agricultural, floricultural or horticultural produce. No farm animals are permitted.


   4,    Section 4 states that the gardens and farms are permitted uses in all zoning districts but
         require approval of the Zoning Administrator.


   5.    Section 5 provides that products from the gardens or farms may be sold commercially
         within the City to non-profit organizations such as schools, at the City’s farmers market,
         or grocery stores or convenience stores selling food products . Urban Farms may accept
         donations from individuals in exchange for products grown in the garden when such
         donations are used to further sustain the operation and support the mission of the Urban
         Farm.


   6.    Section 6 requires each Community Garden and Urban Farm to designate a Garden
         Coordinator or Urban Farm Coordinator as a liaison to the City.


   7.    Section 7 outlines the requirement of all site plans to be submitted for approval to the
         Zoning Administrator.


         a.   Section 7(a) lists all items to be included in the site plan, including but not limited to
              its dimensions, structures, growing areas, fencing, compost piles, etc.
         b.   Section 7(b) requires the site plan to include, among other things, a narrative
              describing the chemicals and equipment to be used and the existing soi! conditions.
         c.   Section 7(c) requires that the site plan be updated with any changes or additions.
     Section 8 prohibits the design and maintenance to allow for any water, chemicals, dirt,
     mud or fertilizer to drain onto adjacent property.


        Section 9 outlines the setback, height and size requirements.
     a,    Section 9(a) provides that all structures must comply with the setback, height and size
           requirements of the zoning district in which the garden or farm is located.
     b.    Section 9(b) outlines additional setback requirements for crop areas, orchards,
           planting beds, rain barrels systems and compost bins.

 10. Section 10 lists items that may be included ona site plan, including but not limited to,
     planting beds, compost bins, sheds, garages, greenhouses and hoop houses.


   - Section 1 lprohibits on site parking.


   . Section 12 requires Community Gardens and Urban Farms to have posted hours of
     operation and indicate the name and contact telephone number of the Garden Coordinato
                                                                                                 r
    or Urban Farm Coordinator.


 13; Section 13 requires a development permit for all fencing.


 14, Section 14 requires a permit from the city and county for wells.


15. Section 15 prohibits all farm animals, including livestock, in gardens or farms.


16. Section 16 prohibits growing oats, wheat and rye to full maturity.


17. Section 17 requires that trash be kept at the rear of the property unless the city determines
    another location would have less impact on adjacent properties.


18. Section 18 requires any lights to be shielded so that it falls within the property.


19, Section 19 outlines the property maintenance standards.
    a. Section 19(a) prohibits high grass, noxious weeds and debris and requires that
                                                                                      dead
       plants be removed regularly.
    os




       Section 19(b) prohibits allowing plants to encroach on neighboring properties.
          Section 19(c) requires the garden/farm be orderly and neat.
   d.     Section 19(d) requires farm equipment and tools to be stored in a shed or other
          approved structure on the premises.
   e.     Section 19(e) requires that seeds and harvested crops be stored so as not to attract
          animals.


20. Section 20 prohibits excessive noise, smoke, fumes, vibrations or odors.


21. Section 21outlines regulations for motorized equipment, tools and machinery.
    a. Section 21(a) requires all tools, supplies and machinery to be stored in an enclosed
        structure and all chemicals stored off the ground.
         b.   Section 21(b) prohibits motorized equipment between 8:00pm and 8:00am.

   22. Section 22 provides for temporary restroom facilities on site from April 15" through
         October 15", if screened on three sides from public view.

   23. Section 23 requires compost to be maintained and stored to avoid any odor reaching
         neighbors.


   24, Section 24 requires gardens and farms to comply with all other local, state and federal
         regulations,




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


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



                                                      CITY OF MUSKEGON

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




PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
                                          CB. ) Prol Dts Commercial
                                             City of Muskegon                                    Sales
                                      Muskegon County, Michigan
                                    Ordinance Amendment No.


THE CITY OF MUSKEGON HEREBY ORDAINS:


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


SECTION 2313: COMMUNITY GARDENS, URBAN FARMS and PRIVATE FARMS


   1.    Definitions


         a,    Urban Farm (“farm”): a vacant parcel of land (or combination of two or more vacant
               adjacent lots) that is used for the cultivation of fruits and vegetables, plants, flowers
               or herbs by a city-recognized neighborhood group or 501(c) non-profit organization
               who work together to tend a single garden or several garden plots or crops on the
              parcel, An Urban Farm is not an individual garden maintained by its property
              owner(s) or occupant(s). An Urban Farm i                                     as
              defined by Michigan’s Right to Farm Act, MCL 286.471 ef. seq.; the products grown

              are nebitoibeisold-commercially:?
        b,    Community Garden (“garden”): a vacant parcel of land or vacant portion of a parcel
              of land that is divided into plots for cultivation of fruits and vegetables, plants,
              flowers or herbs by one or more individuals and/or groups or cultivated by
              individuals and/or groups collectively. The land may or may not be owned by a
              participating member of the community garden group. The Community Garden need
              not be operated by a city-recognized group or 501(c) non-profit organization. A
              Community Garden is not a commercial farming operation as defined by Michigan’s
              Right to Farm Act, MCL 286.471 ef. seq; the products grown are not to be sold
              commercially.

        ¢c.   Cold Frame: a transparent-roofed enclosure, built low to the ground, used to protect
              plants from adverse weather. The transparent top admits sunlight and prevents heat
              escape via convection that would otherwise occur, particularly at night. Essentially, a
              cold frame functions as a miniature greenhouse to extend the growing season.

        d.    Compost: relatively stable decomposed organic matter for use in agricultural and
              other growing practices, usually consisting of materials such as grass, leaves, yard
              waste, worms, and also including raw and uncooked kitchen food wastes, but
              specifically excluding bones, meat, fat grease, oil, raw manure and milk products,


        e.    Farm Animals: all animals traditionally found or used on an operating farm, including
              but not limited to, horses, sheep, goats, cows, chickens, donkeys, turkeys and alpaca.


        f.    Farm Equipment and Tools: those pieces of machinery and tools used to prepare the
              soil, cultivate produce, fertilize, harvest, etc., including but not limited to, tractors,
              rototillers, rakes, shovels, hoes, fertilizer, pesticide and herbicide spreaders and
              sprayers, etc.


         g.   Greenhouse: A building or structure whose roof and sides are made largely of glass
                                                                                                 or
              other transparent or translucent material and in which the temperature and humidity
              can be regulated for the cultivation of plants.


         h.   Hoop house: an unheated structure whose roof and sides are made largely of
              transparent or translucent material (not glass) for the purpose of the cultivation of
              plants inside.


         i,   Orchard: The establishment, care, harvesting of a group of more than ten (10) fruit or
              nut bearing trees.


        j.    Private Farm: A vacant parcel of land (or combination of two or more vacant adjacent
              lots) used to grow and harvest food crops and/or non-food crops for personal use by
              the owner or tenant of the land. A Private Farm is not a farm operation under
              Michigan’s Right to Farm Act, MCL 286.471 er. seq; the products grown on the
              Private Farm are for personal use or consumption and may not be sold commercially.


        k.    Private Farmer: the individual in charge of operating the Private Farm on property
              that s/he owns or leases.


        1.    Urban Farm Coordinator: the Urban Farm’s designated liaison to the city.


        m. Rainwater Catchment System: a method of catching rainwater runoff from the roof
           ofa structure into rain gutters that channel into a rain barrel, drum or cistern.


    .   The Urban Farm is intended to bring citizens together to work collaboratively in growing
        food for their personal use or donation, to promote education with regard to agriculture,
        provide a positive communal environment for children and adults living nearby and
                                                                                             an
        opportunity for volunteer work among participants. A Private Farm is distinguis
                                                                                         hed from
        an Urban Farm in that it is operated by a private party who owns or leases the property
        for the sole purpose of cultivating food and non-food products for personal consumpti
                                                                                              on
        and use.


.       The agricultural uses of Community Gardens, Private Farms and Urban Farms are limited
        to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and
        tillage of soil and the production, cultivation, growing and harvesting of any agricultura
                                                                                                   l,
        floricultural, or horticultural produce. No farm animals are permitted.


.       Community Gardens, Private Farms and Urban Farms are a permitted use in all Zoning
        Districts but require prior approval of the Zoning Administrator.


        The products grown in the Community Garden, Private Farms and Urban Farms are not
        to be sold commercially. Only the Urban Farm groups may accept donations from
    individuals or other non-profit organizations in exchange for products grown in the
    garden. Any such donations shall be used to further sustain the operation and support
                                                                                          the
    mission of the Urban Farm,

    Garden Coordinator and Urban Farm Coordinator


    Each Community Garden shall have a Garden Coordinator (“Coordinator”) and each
    Urban Farm shall have an Urban Farm Coordinator designated as its liaison to the City.
    The Coordinator’s name and contact information shall be given to the Zoning
    Administrator.


.   The Garden Coordinator, Urban Farm Coordinator or Private Farmer shall
                                                                           submit asite
    plan to the Zoning Administrator for approval prior to beginning the garden or farm.


       a.        The site plan must include the following:


                 i,        The name of the Garden Coordinator, Urban Farm Coordinator or Private
                           Farmer.
             ii.          The project address.
             iii.         The legal owner of the parcel(s).
             iv.          If the Community Garden, Urban Farm organization or Private Farmer is a
                          tenant, include the length of the current lease.
             v.           The project name (if any).
             vi.          Gross site area of parcel(s) to be used, including dimensions,
             vii.         Location map showing all existing structures and proposed improvements
                          to the parcel with dimensions, including height and set-backs.
             viii.        Major roads abutting parcel(s).
             ix.          Location of all lakes, streams, rivers, creeks, brooks, ponds or wetlands
                          adjacent to or in the immediate vicinity of the parcel(s).
             a            Location of the crop areas.
            xi.           Fencing or walls.
            xii.          Location of compost piles.
            xiii,         Ingress and egress.
            xiv.          Location of loading areas.
            xv.           Location of trash containers and/or dumpsters.
            xvi.          Location of storage structure and items to be stored.
            xvii.        Location and description of sign(s), if any.


      b.    The site plan shall also include a narrative generally describing the following,
                                                                                             as
            applicable:


            i,        The types, methods of application, storage of proposed pesticides, herbicides,
                      fertilizers, and any other chemicals that will be used.
            ii,       The type of machinery and equipment proposed and description of the noise,
                      vibration, smoke, odor, dust, dirt that may be a nuisance to surrounding
                      properties.
                 iii. Evaluation of existing soil conditions and plans to mitigate soil issues, as
                         necessary.



         c,     The Garden Coordinator or Urban Farmer shall update the site plan with the
                Zoning Administrator as changes or additions are made to the site plan items
                enumerated in Section (a) above.


8.   The garden or farm must be designed and maintained so that water, chemicals, dirt, mud
     or fertilizer will not drain into the streets, alleys or adjacent properties, Any use of
     pesticides or fertilizers must comply with applicable state or federal regulations.


9.   Setback, height and size requirements.


       - a.     Buildings and accessory structures must comply with the setback, height and size
                requirements of the zoning district in which the garden or farm is located. Hoop
               houses and greenhouses are considered primary structures. Sheds and garages are
               considered accessory structures.


         b.     Cultivation must comply with the following additional setback requirements:


               i,        Crop areas must be set back at least five (5) feet from all property lines.
               ii. Orchards and all crops reaching a height of five feet at maturity shall be set
                         back at least fifteen (15) feet from the lot line of any lot developed with a
                         residential, public, civic/institutional, retail/service/commercial or
                         manufactured/industrial land use.
               iii, Planting beds must be set back at least three (3) feet from all property lines,
                         However, if the plants are over five (5) feet tall, they must have a minimum
                         setback from all property lines of fifteen (15) feet.
               iv. Rain barrel systems must be set back at least three (3) feet from all property
                         lines.
                         The required setback area must be covered with ground plants, which may
                  include native or ornamental grasses.
              vi. Compost areas or waste bins must be less than sixteen (16) square feet in size
                         and must be set back at least ten (10) feet from all property lines and at least
                         twenty (20) feet from the nearest principal residential structure.

10. Site plans containing the following may be included if they are not an obstruction to clear
     vision at drives or intersections, they meet designated set back requirements and they do
     not create an odor or other nuisance for neighboring properties:


                             Compost or waste bins
              RmoRo gD




                             Picnic tables
                             Garden art
                             Rain barrel systems or rainwater catchment systems
                             Benches
                            Bike racks
                            Raised/accessible planting beds
               h.    Cold frames
               i.    Planting beds
             j.      Sheds
             k.      Garages
             L       Greenhouses
             m,      Hoop houses


 il. Designated on site parking shall not be permitted.


 12: The Urban Farm and Community Garden shall have a sign indicating an establishe
                                                                                    d set
    of hours of operation. The sign may indicate the farm, group or garden name. The sign
    shall be no larger than 5°x5’ and must indicate the name and contact telephone number
    for the Urban Farm Coordinator or Garden Coordinator.


13. All fencing requires a Development Permit and must comply with existing fencing rules
    and regulations.


14, No water or irrigation wells may be installed unless by a state-licensed well-drilling firm,
    and with approval and necessary permit from the City and County, If the Communit
                                                                                          y
    Garden is located on a city owned parcel, the city must first grant approval of the
                                                                                        well.
    All groundwater wells located on city property must be removed by the responsibl
                                                                                         e
    group, at their expense, when the garden is no longer in use,


15. Farm animals, including all livestock, are prohibited ina Community Garden, Urban
    Farm or Private Farm.


16. Oats, wheat and rye may be used as a winter cover crop but not grown to full maturity
                                                                                          in
    any season.



17. Trash shall be located to the rear of the property unless the Department
                                                                             of Public Works
   determines that another location creates less impact on the adjacent properties.


18. Lighting, if provided, shall be shielded so that all directly emitted light falls within
                                                                                             the
   property.


19. Property Maintenance.


   a.   The property shall be maintained free of high grass (with the exception of purposely
        cultivated native species, which shall be allowed), noxious weeds, or debris. Dead
        garden plants shall be removed regularly, and in any instance, no later than November
        30" of each year.
   b.   Plants from cultivated areas shall be prevented from encroaching onto adjacent
        properties or onto the public right-of-way.
   c.   The property shall generally be maintained in an orderly and neat condition
                                                                                    .
   d.   Farm equipment and tools shall be stored in a shed or other approved structure on the
        premises.
         e.   Seeds and harvested crops on site shall be stored so as not to attract animals.



     20. Nuisance.


        Agricultural uses of community gardens, urban farms and private farms shall not be
        detrimental to the physical environment or to the public health and general welfare by
        reason of excessive production of noise, smoke, fumes, vibrations, or odors.


    21. Motorized and other equipment; storage; noise; hours of operation,


              a.   Tools, supplies and machinery shall be stored in an enclosed structure or removed
                   from the property daily. All chemicals and fuels shall be stored off of the ground,
                   in an enclosed, locked structure when the site is unattended.
              b.   Motorized equipment within a residential zoning district shall be restricted to
                   hours beginning at 8:00a.m. and ending at 8:00p.m

    22. Restroom facilities.


        If temporary restroom facilities are provided on site, they shall be screened on at least
        three (3) sides from public view by an opaque impact-resistant fence of sufficient height
        to screen the facility. Such facilities are allowed only during the growing season from
        April 15" through October 15",

    23. Compost.


        Compost must be maintained and stored to avoid any odor reaching neighboring
       property.


    24, Compliance with Other Regulations.


       Community gardens and urban farms shall comply with all applicable local, state and
       federal regulations,


This ordinance adopted:


       Ayes:
       Nays:


Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                        CITY OF MUSKEGON
By
     Ann Cummings, MMC
     City Clerk
                                          CERTIFICATE

      The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the           day of                      2014, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.



DATED:                      2014




                                          Ann Cummings, MMC
                                          Clerk, City of Muskegon


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

TO: ALL PERSONS INTERESTED


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


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


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


   2.    Section 2 describes the Urban Farm as a collaborative effort run by a city-reco
                                                                                         gnized
         neighborhood group or 501(c) non-profit organization, to grow food, promote
                                                                                        education
         and provide a positive communal environment for volunteers and the neighborh
                                                                                         ood. A
         Private Farm is distinguished from an Urban Farm in that it is operated by a private
                                                                                              party
         who owns or leases the property for the sole purpose of cultivating food and non-food
         products for personal consumption and use.


         Section 3 indicates that the gardens and farms are limited to growing and harvesting
         agricultural, floricultural or horticultural produce. No farm animals
                                                                               are permitted.

         Section 4 states that the gardens and farms are permitted uses in all zoning districts but
        require approval of the Zoning Administrator.


        Section 5 provides that products from the gardens or farms may not be sold
        commercially, Urban Farms may accept donations from individuals or other
                                                                                 non-profit
        organizations in exchange for products grown in the garden when such donations
                                                                                         are
        used to further sustain the operation and support the mission of the Urban
                                                                                   Farm.

        Section 6 requires each Community Garden and Urban Farm to designate a Garden
        Coordinator or Urban Farm Coordinator as a liaison to the City.

        Section 7 outlines the requirement of all site plans to be submitted for approval to the
        Zoning Administrator.


        a.     Section 7(a) lists all items to be included in the site plan, including but
                                                                                           not limited to
               its dimensions, structures, growing areas, fencing, compost piles, etc.
        b,     Section 7(b) requires the site plan to include, among other things, a narrative
               describing the chemicals and equipment to be used and the existing soil condition
                                                                                                  s.
        c.     Section 7(c) requires that the site plan be updated with any changes or additions,


        Section 8 prohibits the design and maintenance to allow for any water, chemicals, dirt,
        mud or fertilizer to drain onto adjacent property.
 9.     Section 9 outlines the setback, height and size requirements.
       a.    Section 9(a) provides that all structures must comply with the setback, height and size
             requirements of the zoning district in which the garden or farm is located.
       b.    Section 9(b) outlines additional setback requirements for crop areas, orchards,
             planting beds, rain barrels systems and compost bins.

 10. Section 10 lists items that may be included on a site plan, including but not limited to,
     planting beds, compost bins, sheds, garages, greenhouses and hoop houses.


 11, Section 1 lprohibits on site parking,


 12, Section 12 requires Community Gardens and Urban Farms to have posted hours of
     operation and indicate the name and contact telephone number of the Garden Coordinator
     or Urban Farm Coordinator.


 13, Section 13 requires a development permit for all fencing.


14. Section 14 requires a permit from the city and county for wells.


15. Section 15 prohibits all farm animals, including livestock, in gardens or farms.


16. Section 16 prohibits growing oats, wheat and rye to full maturity.


17. Section 17 requires that trash be kept at the rear of the property unless the city determines
    another location would have less impact on adjacent properties.


18. Section 18 requires any lights to be shielded so that it falls within the property.


19. Section 19 outlines the property maintenance standards.
    a. Section 19(a) prohibits high grass, noxious weeds and debris and requires that dead
            plants be removed regularly.
      b,    Section 19(b) prohibits allowing plants to encroach on neighboring properties.
      ce.   Section 19(c) requires the garden/farm be orderly and neat.
      d,    Section 19(d) requires farm equipment and tools to be stored in a shed or other
            approved structure on the premises.
      e.    Section 19(e) requires that seeds and harvested crops be stored so as not to attract
            animals.


20. Section 20 prohibits excessive noise, smoke, fumes, vibrations or odors.


21. Section 21outlines regulations for motorized equipment, tools and machinery.
    a. Section 21(a) requires all tools, supplies and machinery to be stored in an enclosed
            structure and all chemicals stored off the ground.
      b.    Section 21(b) prohibits motorized equipment between 8:00pm and 8:00am.
    22. Section 22 provides for temporary restroom facilities on site from April 15" through
        October 15", if screened on three sides from public view.

    23. Section 23 requires compost to be maintained and stored to avoid any odor reaching
        neighbors.


    24. Section 24 requires gardens and farms to comply with all other local, state and federal
        regulations.




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

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



                                                     CITY OF MUSKEGON

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




PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
                                                  Ordinance, +) Pe veploced

   SECTION 2313: Community Gardens [amended 6/10]


   Community gardens shall consist of public or private vacant parcels used for
                                                                                cultivation
  of fruits, vegetables, plants, flowers, or herbs by recognized neighbor
                                                                          hood groups, 501 C
  non-profit organizations or multiple users residing in the immediat
                                                                              e area of the
  Community Garden. Community Gardens are a permitted accessor
                                                                          y use in all Zoning
  Districts and require prior approval of the Zoning Administrator.
                                                                        These regulations do
  not apply to individual gardens maintained by property owners
                                                                   or occupants.

        1.        Community Gardens must have an established and posted set of hours
                                                                                     of
                  operation.


                  Each Community Garden shall have a garden coordinator to act as a liaison
                  between the city and city departments. The garden coordinator shall submit
                  their contact information, with a site plan, to ensure compliance with city
                 ordinances for approval by the Zoning Administrator. The site plan must
                 show the garden location and any proposed improvements to the vacant
                 parcel.   It is also the garden coordinators responsibility to keep this
                 information up to date with the Zoning Administrator, should there be
                                                                                       any
                 additions or changes.


                 The site must be designed and maintained so that water and fertilizer will not
                 drain into the streets, alleys or adjacent properties.


                 Planting beds, compost or waste bins, picnic tables, garden art, rain barrel
                 systems and children’s play areas shall be permitted as long as they
                                                                                      are not
                 located in a required front yard, they are not an obstruction to clear vision at
                 drives or intersections and they do not create an odor or other nuisance for
                 neighboring properties.


                Each garden may have a sign indicating the group or garden name and the
                hours of operation. The signs must conform to all applicable sign regulations
                and require a permit prior to erection of the sign.


      6.        Any fencing used for the Community Garden requires a Development
                                                                                 Permit
                and must comply with existing fencing rules and regulations.


                No water or irrigation wells may be installed for a Community Garden, unless
                installed by a state licensed well drilling firm.                    If the Community Garden is
                located on a city owned parcel, the city must first grant approval of the well.
                All groundwater wells located on city property must be removed by
                                                                                            the
                responsible group, at their expense, when the garden is no longer being used.


                Any use of pesticides or fertilizers must comply with applicable state or
                federal regulations.




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