Zoning Board of Appeals

MANISTEE CITY: ZONING BOARD OF APPEALS Meeting of December 19, 2019 2:00 p.m. - Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan AGENDA I CALL TO ORDER II ROLL CALL III APPROVAL OF AGENDA At this time the Zoning Board of Appeals can take action to approve the December 19, 2019 Agenda. IV APPROVAL OF MINUTES The May 28, 2019 meeting minutes were approved on June 5th, 2019 via email/in person at Planning Department office. (Confirm with Board if this style of approval is acceptable moving forward). V PUBLIC HEARING There are three Public Hearings today: The First is for a variance pertaining to setback requirements in the R-2 district. The Chair will now open the Public Hearing: The Public Hearing for 346 4th Street– Variance Request • Applicant shall present their report • City staff shall give recommendations/comments • The hearing will be opened for public comments • Close Public Hearing The Second is for a variance pertaining to directional signs. The Chair will now open the Public Hearing: The Public Hearing for 220 Arthur Street– Variance Request • Applicant shall present their report • City staff shall give recommendations/comments • The hearing will be opened for public comments • Close Public Hearing The Third is for a variance pertaining to sign size interpretation. The Chair will now open the Public Hearing: The Public Hearing for 160 Memorial Drive– Variance Request • Applicant shall present their report • City staff shall give recommendations/comments • The hearing will be opened for public comments • Close Public Hearing 1 VI BUSINESS SESSION: Action on Pending Cases • 346 4th Street • 220 Arthur Street • 160 Memorial Drive Old Business None Other Business of the Appeals Board: Election of Officers According to the By-Laws of the City of Manistee Zoning Board of Appeals their annual election of Officers is held at the January Organizational Meeting. At this time the meeting will be turned over to Kyle Storey who will ask for nominations. Chair - The Zoning Board of Appeals will select a Chair for 2020. At this time the meeting will be turned over to the Chair who will ask for nominations. Vice-Chair - The Zoning Board of Appeals will select a Vice Chair for 2020. Secretary - The Zoning Board of Appeals will select a Secretary for 2020. Appointment of a Recording Secretary 2020 At this time the Zoning Board of Appeals Secretary may appoint a Recording Secretary for 2020. By Law Review According to the By-Laws of the City of Manistee Zoning Board of Appeals they shall annually review their By-Laws at the Organizational Meeting held in January of each year. • Set Organizational meeting date in January The Zoning Board of Appeals can take action to amend their By-Laws if necessary at January Organizational meeting. VII PUBLIC COMMENTS AND COMMUNICATIONS At this time the Chair will ask if there are any public comments. VIII ADJOURNMENT 2  PLANNING DEPARTMENT Kyle Storey Zoning Administrator 395 Third St. Manistee, Michigan 49660 (231) 398-3576 Fax (231) 398-3526 kstorey@manisteecountymi.gov Date: 12/12/2019 To: City of Manistee: Zoning Board of Appeals From: Kyle Storey – City of Manistee Zoning Administrator Subject: Parcel #51-574-730-03 – Variance Request Dear Zoning Board of Appeal, Parcel #51-574-730-03, or 346 Fourth Street, has provided all necessary documents in a Request for Appeal – Variance application. The applicant is requesting a setback variance from 10 feet to 6 feet. The parcel is in the R-2: Medium Density Residential District. The district regulations are outlined in the City of Manistee Zoning Ordinance which follows this memo. Attached documents include: • Request for Appeal Application and narrative • R-2: Medium Density Residential Ordinance • Aerial photo showcasing existing structural layout • Site plan prepared by contractor showcasing desired modifications • Side profile rendering of what structure could look like pending ZBA decision The applicant will attend the Zoning Board of Appeals meeting to answer any questions the ZBA may have pertaining to this Request for Appeal – Variance application. Thank you, Kyle Storey Manistee County Planner City of Manistee Zoning Administrator City of Manistee Zoning Ordinance Article Nine R-2 Medium Density Residential As Updated thru June 16, 2017  As Updated thru June 16, 2017 ARTICLE NINE R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT SECTION 900 PURPOSE AND INTENT It is the intent of this District to establish and protect residential areas consisting primarily of medium density, single-family neighborhoods and multi-family communities designed and maintained promote an attractive, walkable, healthy and stable living environment for families, singles and the elderly. The R-2 District, while primarily residential in character, will incorporate some retail and personal service land uses to enhance and strengthen neighborhood life and promote a cohesive and complete community. All portions of the R-2 District shall be served with public water and wastewater services. PERMITTED USES* SPECIAL USES Cont’d  Accessory building with footprint less than or  Dwelling, Multiple Unit equal to the footprint of the principal  Home Based Business structure  Home Occupation, Major  Accessory use to uses permitted by right.  Marina  Community Garden, subject to Section 534  Mixed-Use Development  Dwelling, Single Unit  Personal Service Establishment  Home Occupation, Minor subject to Section  Planned Unit Development 1847, B, 1  Use similar to permitted special use  Outdoor Recreation, Park [Annotation: Duplex changed from Permitted use to Special  Subdivision, and condominium subdivision Use by Amendment Z10-01, effective 10/30/10] consisting of permitted uses, clustered or traditional subject to the Subdivision Control SPECIAL USES Ordinance. Requires Key Street Frontage  Use similar to uses permitted by right, subject  Convenience Store to Section 530  Eating and Drinking Establishment  Wind Energy Conversion System, Accessory,  Education Facility subject to Section 515.G  Gallery or Museum *If located outside the Wellhead Protection  Hotel Overlay  Medical or Dental Office [Annotation: Community Garden was added as a Permitted  Mortuary Use by Amendment Z11-06, effective 9/25/11]  Nursing Home or Convalescent Home [Annotation: Wind Energy Conversion System, Accessory  Parking Facility was added as a Permitted Use by Amendment Z11-08,  Places of Public Assembly, Large & Small effective 12/28/11]  Professional Office SPECIAL USES  Professional Service Establishment  Accessory building with footprint greater than  Retail Business the footprint of the principal structure  Studio for Performing and Graphic Arts  Accessory use to permitted special use  Adaptive Reuse [Annotation: Convenience Store without fuel pumps was  Adult Foster Care Facility changed to Convenience Store by Amendment Z17-04,  Bed & Breakfast effective 6/16/17]  Day Care, Group (7-12 children)  Duplex  Dwelling, Accessory City of Manistee Zoning Ordinance Page 1 Article Nine R-2 Medium Density Residential  As Updated thru June 16, 2017 ADDITIONAL STANDARDS  Site Plan requirements subject to Section 2203  Vehicular Parking Space, Access and Lighting requirements subject to Section 514  Landscaping requirements subject to Section 531  Signage requirements subject to Article 21  Dumpsters and Enclosures subject to Section 506  Outdoor Lighting requirements, subject to Section 525  U.S. 31 Corridor Overlay District requirements, subject to Article 19 DISTRICT REGULATIONS (d) Minimum Lot Area: Minimum Lot Width: Single Unit 6,000 sq. ft. 60 ft. Duplex, or Commercial Use 10,000 sq. ft. 80 ft. Multiple Unit (b) 10,000 sq. ft. min. 80 ft. Maximum Dwelling Units/Acre 8 Maximum Building Height 2½ stories, or 35’ Minimum Building Setbacks Maximum Lot Coverage 40% Front(a) 15 ft. Minimum Living Area 960 sq. ft. Side 10 ft. (each side) Minimum Dwelling Width 20 ft. Rear 10 ft. Accessory Building Minimum Setbacks: Waterfront 20 feet Side 3 ft. Rear 3 ft.(c) (a) Subject to Section 502, G (b) For multiple unit buildings in the R-2 district, a minimum of 10,000 square feet shall be provided for the first two units, plus 5,500 square feet for each additional dwelling unit. (c) Provided that garages fronting on platted alleys shall be set back the greater of 3 feet from the rear property line or 20 feet from property line on the opposite side of the alley. (d) Except as may be permitted pursuant to Section 1870, Planned Unit Development. City of Manistee Zoning Ordinance Page 2 Article Nine R-2 Medium Density Residential  As Updated thru June 16, 2017 SECTION 901 USES PERMITTED BY RIGHT The following uses of buildings and land shall be permitted within the R-2 District subject to the provisions of Article 22, Site Plan Approval. A. Accessory building with footprint less than or equal to the footprint of the principal structure B. Accessory use to uses permitted by right, subject to Section 516 C. Community Garden, subject to Section 534 D. Dwelling, Single Unit E. Home Occupation, Minor subject to Section 1847, B, 1 F. Outdoor Recreation, Park G. Subdivision, and condominium subdivision consisting of permitted uses, clustered or traditional subject to the Subdivision Control Ordinance H. Use similar to uses permitted by right, subject to Section 530 I. Wind Energy Conversion System, Accessory, subject to Section 515.G [Annotation: Duplex changed from Use by Right to Special Use by Amendment Z10-01, effective10/30/10] [Annotation: Community Garden was added as a Permitted Use by Amendment Z11-06, effective 9/25/11] [Annotation: Wind Energy Conversion System Accessory was added as a Permitted Use by Amendment Z11-08, effective 12/28/11] SECTION 902 USES PERMITTED BY SPECIAL LAND USE PERMIT The following uses of buildings and land may be permitted within the R-2 District, as special land uses subject to the provisions of Article 18, special land use approval. A. Accessory building with footprint greater than the footprint of the principal structure, subject to Section 1804 B. Accessory use to permitted special use, subject to Section 1805 C. Adaptive Reuse, subject to Section 1807 D. Adult Foster Care Facility, subject to Section 1808 E. Bed & Breakfast, subject to Section 1813 F. Convenience Store subject to Section 1823 – Requires Key Street Frontage G. Day Care, Group (7-12 children), subject to Section 1826 H. Duplex, subject to Section 1829 I. Dwelling, Accessory, subject to Section 1831 J. Dwelling, Multiple Unit, subject to Section 1832 K. Eating and Drinking Establishment, subject to Section 1835 – Requires Key Street Frontage L. Education Facility, subject to Section 1837 – Requires Key Street Frontage M. Gallery or Museum, subject to Section 1840 – Requires Key Street Frontage N. Home Based Business, subject to Section 1846 O. Home Occupation, Major subject to Section 1847 City of Manistee Zoning Ordinance Page 3 Article Nine R-2 Medium Density Residential  As Updated thru June 16, 2017 P. Hotel, subject to Section 1849 – Requires Key Street Frontage Q. Marina, subject to Section 1852 R. Medical or Dental Office, subject to Section 1853 – Requires Key Street Frontage S. Mixed-Use Development, subject to Section 1858 T. Mortuary, subject to Section 1859 – Requires Key Street Frontage U. Nursing Home or Convalescent Home, subject to Section 1862 – Requires Key Street Frontage V. Parking Facility, subject to Section 1865 – Requires Key Street Frontage W. Personal Service Establishment, subject to Section 1867 X. Places of Public Assembly, Large and Small, subject to Section 1868 – Requires Key Street Frontage Y. Planned Unit Development, subject to Section 1870 Z. Professional Office, subject to Section 1874 – Requires Key Street Frontage AA. Professional Service Establishment, subject to Section 1876 – Requires Key Street Frontage BB. Retail Business, subject to Section 1877 – Requires Key Street Frontage CC. Studio for Performing and Graphic Arts, subject to Section 1882 – Requires Key Street Frontage DD. Use similar to permitted special use, subject to Section 1886 [Annotation: Parking Facility added to Uses Permitted by Special Use Permit by amendment 08-02, effective 2/29/08] [Annotation: Duplex changed from Use by Right to Special Use by Amendment Z10-01, effective10/30/10] [Annotation: Convenience Store without fuel pumps was changed to Convenience Store by Amendment Z17-04, effective 6/16/17] SECTION 903 DIMENSIONAL STANDARDS. Within the R-2 District, the following dimensional standards shall apply: A. Parcel Area – No single family dwelling building or structure shall be established on any parcel less than six thousand (6,000) square feet in area. No duplex, multiple unit or commercial structure shall be established on any parcel less than ten thousand (10,000) square feet in area. For multiple unit buildings in the R-2 district, a minimum of 10,000 square feet shall be provided for the first two units, plus 5,500 square feet for each additional dwelling unit. B. Parcel Width – For a single family detached dwelling, the minimum parcel width shall be sixty (60) feet and for all other uses the minimum parcel width shall be eighty (80) feet. C. Yard and Setback Requirements - The following requirements shall apply to every parcel, building or structure. 1. Front Yard: The minimum setback shall not be less than fifteen (15) feet from front property line. In established neighborhoods, where a majority of the buildings do not meet the required front yard setback, the Administrator may establish an alternate setback, pursuant to Section 502, G. 2. Side Yards: The minimum width of either yard shall not be less than ten (10) feet. For accessory buildings, the minimum rear yard and side yard setback shall be three (3) feet; 3. Rear Yard: The minimum setback shall not be less than ten (10) feet. For accessory buildings, the minimum rear yard and side yard setbacks shall be three (3) feet, City of Manistee Zoning Ordinance Page 4 Article Nine R-2 Medium Density Residential  As Updated thru June 16, 2017 excepting garages which front on a platted alley. Such garages shall be set back a minimum of twenty (20) feet from the property line on the opposite side of the alley, to provide a minimal turning radius for vehicles, but at no time shall the structure be closer than three (3) feet to the rear property line. The side yard for such garage shall be the same as for other accessory structures, as outlined above. 4. Waterfront Yard: The minimum setback shall be not less than twenty (20) feet, provided such setback shall not apply to walkways, boat docks, boat slips, boat launches and boat houses. [Annotation: Section 903.C.4 changed by amendment 07-07, effective 5/29/07] 5. Dwelling Width: No dwelling shall be constructed in the R-2 District which is less than twenty (20) feet wide. 6. Living Area: No dwelling unit shall be constructed in the R-2 District which has less than nine hundred sixty (960) square feet of living area. 7. Lot Coverage: Not more than forty percent (40%) of the parcel area shall be covered by buildings. 8. Height: The maximum height of principal buildings in the R-2 district shall be the lesser of thirty-five (35) feet or two and one-half (2½) stories. The maximum height of accessory buildings shall be eighteen (18) feet with side walls not to exceed twelve (12) feet in height. SECTION 904 WELLHEAD PROTECTION OVERLAY A. Applicability. Every parcel of land which lies in whole or in part within Wellhead Protection Overlay as depicted on the Official Zoning Map around public Type I water wells is subject to the regulations of this Section. The regulations of this Section are in addition to any regulations in the underlying zoning district, provided that in the event of a conflict between the regulations of this section and those of the underlying zoning district, the requirements of this Section shall prevail. B. Land Use Restrictions. 1. Special Land Uses. Except as provided in Subparagraph 2 of this section, and the provisions of Section 901 notwithstanding, all uses permitted in the R-2 Zoning District and located within the Wellhead Protection Overlay shall be treated as Special Land Uses with review and approval subject to the provisions of Article 18 and Section 520, hereof. 2. Prohibited Uses. Within the Wellhead Protection Overlay, any land use that uses, generates or stores a minimum threshold quantity of any hazardous substance as defined herein and which has not received and maintained in good standing a bona fide permit for the use, generation and/or storage of such substance, shall be prohibited. For the purpose of this subparagraph, a minimum threshold quantity of hazardous substances shall mean a. For the use or generation of hazardous substances: Quantities of at least one hundred (100) kilograms (approximately two hundred twenty (220) pounds), or ninety-five (95) liters (approximately 25.1 gallons), whichever is less, per month; or City of Manistee Zoning Ordinance Page 5 Article Nine R-2 Medium Density Residential  As Updated thru June 16, 2017 b. For the storage of hazardous substances: Quantities of at least one hundred (100) kilograms (approximately two hundred twenty (220) pounds) or ninety-five (95) liters (approximately 25.1 gallons), whichever is less, routinely stored on site. C. Conflicting Federal or State Regulations. The regulations of this Overlay Zone are not intended to conflict with any law or administrative regulation, on groundwater protection, of the United States, the State of Michigan or any agencies thereof. D. Nonconforming Land Uses. If a land use prohibited pursuant to Paragraph B, 2 of this Section 904 legally existed within this Wellhead Protection Overlay on January 31, 1997, and has continued in use since that date, then; 1. Such nonconforming use of land shall not be moved in whole or in part to any other portion of such land, added to, extended, reconstructed, structurally altered or expanded during its life, Article 4 Nonconformities notwithstanding. 2. Nothing herein shall prevent the completion of structures for a land use which shall have been diligently prosecuted prior to the passage of this section. 3. Nothing herein shall prevent the normal repair, reinforcement, rehabilitation of a structure. City of Manistee Zoning Ordinance Page 6 Article Nine R-2 Medium Density Residential  PLANNING DEPARTMENT Kyle Storey Zoning Administrator 395 Third St. Manistee, Michigan 49660 (231) 398-3576 Fax (231) 398-3526 kstorey@manisteecountymi.gov Date: 12/12/2019 To: City of Manistee: Zoning Board of Appeals From: Kyle Storey – City of Manistee Zoning Administrator Subject: Parcel #51-174-707-05– Variance Request Dear Zoning Board of Appeal, Parcel #51-174-707-05, or 220 Arthur Street, has provided all necessary documents in a Request for Appeal – Variance application. The applicant is requesting a variance of ordinance to install (3) 3’X6’ double face directional signs. The parcel is in the C-1: Regional Commercial District. The sign regulations are outlined in the City of Manistee Sign Ordinance which follows this memo. Attached documents include: • Request for Appeal Application and narrative • Aerial photo showcasing existing structural layout • Site plans prepared by contractor showcasing desired modifications • Existing City of Manistee Sign Ordinance • 2012 City of Manistee Sign Ordinance • Graphics and images pertaining to appeal request The applicant agent will attend the Zoning Board of Appeals meeting to answer any questions the ZBA may have pertaining to this Request for Appeal – Variance application. Thank you, Kyle Storey Manistee County Planner City of Manistee Zoning Administrator  PLANNING DEPARTMENT Kyle Storey Zoning Administrator 395 Third St. Manistee, Michigan 49660 (231) 398-3576 Fax (231) 398-3526 kstorey@manisteecountymi.gov Date: 12/12/2019 To: City of Manistee: Zoning Board of Appeals From: Kyle Storey – City of Manistee Zoning Administrator Subject: Parcel ##51-146-726-06, – Variance Request Dear Zoning Board of Appeal, Parcel #51-146-726-06, or 160 Memorial Drive, has provided all necessary documents in a Request for Appeal – Variance application. The applicant is seeking an interpretation of Section 2102(A)(4)(b) regarding “…wall signs shall be permitted and the maximum cumulative sign area permitted expressed in square feet shall not be more than 1.5 time the principal building width, measure from corner to corner, facing the public right-of- way, or fifth (50) square feet for each storefront, whichever is greater.” The parcel is in the C-3: Central Business District. Essentially, the ZBA is tasked with defining how to calculate the amount of square footage for an example parcel. Present regulations are outlined in the City of Manistee Sign Ordinance which follows this memo. Attached documents include: • Request for Appeal Application and narrative • City of Manistee Sign Ordinance • Aerial photo showcasing existing structural layout of example parcel • Previous memos from current and past Zoning Administrator’s regarding past projects and subsequent sign area calculations The applicant agent will attend the Zoning Board of Appeals meeting to answer any questions the ZBA may have pertaining to this Zoning Ordinance interpretation. Thank you, Kyle Storey Manistee County Planner City of Manistee Zoning Administrator  As Amended thru June 16, 2017 ARTICLE TWENTY-ONE SIGNS [ANNOTATION: Article 21 Signs was repealed and replaced by Amendment Z17-06, effective 6/16/17] SECTION 2100 PURPOSE Regulation of the location, size, placement, and certain features of signs is necessary to enable the public to locate goods, services, and facilities in the City of Manistee, to improve pedestrian and vehicular safety, and to promote and preserve the general attractiveness of the community. Accordingly, it is the intention of this Ordinance to establish regulations governing the display of signs that will: A. Encourage and protect the public health, safety, welfare and convenience; B. Enhance the economy and the business and industry of the City by promoting the reasonable, orderly, and effective display of signs, and thereby encourage improved communication with the public; C. Restrict signs and lights which overload the public's capacity to receive information, which increase the probability of traffic congestion and accidents by distracting attention or obstructing vision, and which are deemed to detract from the aesthetics of the community; and D. Reduce conflict between signs and their illumination and public and private land uses. SECTION 2101 PROCEDURES A. Sign Permit Application. The Zoning Administrator may approve sign permit applications. Applications require a fee, as determined by City Council. 1. The Historic District Commission may approve exceptions to this Article 21. 2. The City Council may approve exceptions to this Article 21 for community events. B. Inspection and Compliance. The Administrator shall inspect each sign for which a permit is issued. If the sign is in full compliance with this Ordinance the Administrator shall issue a Certificate of Compliance. If the construction is not in full compliance with this Ordinance the Administrator shall give the applicant notice of the deficiencies. If the deficiencies have been corrected upon re-inspection, the Administrator shall issue a certificate of compliance. If the deficiencies are not corrected within thirty (30) days, the permit shall be revoked and the sign shall be removed at the expense of the applicant. C. Permit Lapse. A sign permit shall lapse once the purpose of the sign has ended the sign and supporting structure shall be removed within 180 calendar days. A sign whose permit has lapsed shall be removed by the owner within thirty (30) days of receipt of notice to remove from the City. D. Permit Assignment. A sign permit shall be assignable to the successor of a business on the same parcel, except where the proposed sign is materially or substantially different in any way to the sign which was permitted. The Administrator shall make this determination. City of Manistee Zoning Ordinance Page 1 Article Twenty One Signs  As Amended thru June 16, 2017 SECTION 2102 GENERAL STANDARDS A. Computations. The following standards shall be met when calculating the area and height of a sign. 1. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display. 2. The sign area for a sign with more than one (1) face shall be computed by adding together the area of all sign faces visible from any one (1) point. 3. The height of the uppermost portions of pole signs shall not exceed twenty (25) feet. The height of the uppermost portions of ground signs shall not exceed eight (8) feet in all districts except the GI district, where the uppermost portions of such signs shall not exceed twelve (12) feet. The uppermost portions of wall, marquee and projecting signs shall not project higher the roofline of the structure to which it is attached. 4. Where a sign projects or protrudes over any public or private sidewalk or walkway the bottommost point of the sign structure shall be at least eight (8) feet from said walkway. Area of Signs (marquee, suspended and wall). a. For properties fronting on US 31 in the G-C, P-D, C-1, C-2, C-3 and W-F districts or properties with a minimum of 10,000 sq. ft. of parcel area that front on a Key Street Segment in the R-2 Zoning District, marquee, suspended and wall signs shall be permitted and the maximum cumulative sign area permitted expressed in square feet shall be not more than 1.5 times the principal building width, measured from corner to corner, facing the public right-of-way or 50 square feet for each storefront, whichever is greater. b. For properties that do not front on US 31 in the P-D, C-1, C-2, C-3 and WF districts or properties with a minimum of 10,000 sq. ft. of parcel area that front on a Key Street Segment in the R-2 and R-3 Zoning Districts, marquee, suspended and wall signs shall be permitted and the maximum cumulative sign area permitted expressed in square feet shall not be more than 1.5 times the principal building width, measured from corner to corner, facing the public right-of-way, or fifty (50) square feet for each storefront, whichever is greater. c. For properties with water frontage in the R-3 P-D, C-2, C-3 and WF marquee, suspended and wall signs shall be permitted on the water front side and the maximum cumulative sign area permitted expressed in square feet shall not be more than .75 times the principal building width, measured from corner to corner, facing the public right-of-way, or twenty-five (25) square feet, for each storefront whichever is greater. Each boat slip will be permitted a sign not to exceed twenty- five (25) square feet. d. Allocation of Signage. Signage may be transferred to a side of the building where signage is not allocated. City of Manistee Zoning Ordinance Page 2 Article Twenty One Signs  As Amended thru June 16, 2017 B. Illuminated Signs: Sources of Illumination shall not flash on and off or change color or intensity. Exceptions include: 1. Halo signs, where lighting is behind the lettering and the source of the illumination is not seen by a direct line of sight. 2. Electronic changeable message displays (any sign that uses electronic means within a display area to cause one message or display to be replaced by another, movable display or video) shall be limited to: a. One contiguous dynamic element on the face of the sign at a time. b. A dynamic element that does not change more than once every 15 minutes, and changes are instantaneous without any special effects. c. Static images and messages. d. Only that brightness that is necessary for clear and adequate visibility. e. Intensity or brilliance that does not impair the vision of a motor vehicle driver. All illuminated signs, including, halo, and electronic changeable message displays, shall be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions, or turns the illumination off during daylight hours. Externally illuminated signs shall be lit by use of a light shining downward onto the sign. The source of the light shall be baffled so it is not visible beyond the property line. C. The Historic District Commissions: Signs and the illumination of signs in the Historic District Commission require requires Historic District Commission approval. D. Substitution: Sign messages may be changed at any time. Any change of the structure or size of a sign, or structure the sign is mounted on requires approval under this Ordinance for purposes of compliance with this Ordinance. E. Setbacks. All signs shall be setback at least four (4) feet from the public right-of-way to the front of the sign structure, provided clear vision can be maintained, pursuant to Section 513. F. Billboards. Refer to Section 1814. G. Covering. Covering around a pole shall be limited to a width of not more than thirty (30) percent of the width of the sign face. Signage or copy shall not be permitted on pole coverings. SECTION 2103 EXEMPT SIGNS The following signs shall be exempt from regulations in this Article. A. Any public notice, traffic control or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance. B. Any sign wholly located within a building including window signs. Except signs in the Historic District that require Historic District Commission approval C. Flags up to twenty-four (24) square feet in area. City of Manistee Zoning Ordinance Page 3 Article Twenty One Signs  As Amended thru June 16, 2017 D. Signs posted by a governmental agency or on their behalf by an authorized contractor. E. Portable signs shall be permitted in the R-2, R-3 for properties with a minimum of 10,000 sq. ft. of area that front on a Key Street Segment, G-C, W-F, and C-1 districts subject to a determination by the Zoning Administrator that its placement will not impact safety or visibility for motorists and pedestrians and further limited as follows: 1. 8 square feet per side; 2. One per storefront; and 3. Permitted only during hours of operation of business. F. Temporary Signs on the property during construction, maintenance or improvements and relating to construction, maintenance or improvements on the property during the period of time of work. SECTION 2104 PROHIBITED SIGNS The following signs shall not be allowed in any district. A. Signs which are illegal under State laws or regulations and applicable local ordinances or regulations, and which are not consistent with the standards in this Ordinance. B. Signs that are not clean and in good repair, not securely affixed to a supporting structure, and signs that are out of compliance with applicable building and electrical codes. C. Off-Premise Signs. Except as provided in Section 1814 of this Ordinance. D. Signs that are not official traffic signs that appear to or attempt to regulate, warn, or direct the movement of traffic. E. Signs located in, projecting into or overhanging within a public right-of-way or dedicated public easement, except the following: 1. Signs posted by a governmental agency, transit company, public utility, or construction related signs placed by a contractor doing authorized or permitted work within the right-of-way. 2. Projecting, marquee, and suspended signs projecting over a public right-of-way as permitted and regulated in the P-D, C-2 and C-3 districts. 3. Banners that have been approved by the City Council. F. Portable signs shall be permitted in the P-D, C-2 and C-3 districts subject to a determination by the Zoning Administrator that said placement will not impact safety or visibility for motorists and pedestrians and provided clear vision can be maintained, pursuant to Section 513 and further limited as follows: 1. 8 square feet per side; 2. One per storefront; and 3. Permitted only during hours of operation of business. City of Manistee Zoning Ordinance Page 4 Article Twenty One Signs  As Amended thru June 16, 2017 SECTION 2105 SIGN REGULATION TABLE Zoning Permitted Sign Types Max. # of Signs Allowed Max, Total sign Area Allowed Districts G-C Ground 1 ( for each 600 feet of frontage) 32 Sq. Ft. (limited to 8 feet in height) Marquee, Suspended, Wall n/a 50 square feet or 1.5 x of principal building width whichever is greater Projecting 1 One per storefront no greater than 48 Sq. Ft. Portable 1 ( no permit needed) 8 Sq. Ft. (only during hours of operation) R-1, R-2, R-3, Ground, Marquee, n/a 16 Sq. Ft. & R-4 Projecting, (Ground signs limited to 8 feet in height) Suspended, Wall Properties with frontage on US 31 or properties with a minimum of 10, 000 sq. ft. of parcel area that front on a Key Street Segment in the R-2 Zoning District R-2, P-D, C-1, Ground, Pole 1 80 Sq. Ft. (Ground signs limited to 8 feet in C-2, C-3, height) & W-F Marquee, Suspended, Wall n/a 50 square feet or 1.5 x of principal building width whichever is greater Projecting 1 One per storefront no greater than 48 Sq. Ft. Portable 1 ( no permit needed) 8 Sq. Ft. (only during hours of operation) Properties not fronting on US 31 or properties with a minimum of 10, 000 sq. ft. of parcel area that front on a Key Street Segment in the R-2 & R-3 Zoning Districts Internally lit signs are prohibited in the Historic District R-2 & R-3, P-D, Ground 1 16 Sq. Ft. (limited to 8 feet in height) C-2, C-3, & WF Marquee, Suspended, Wall n/a 50 square feet or 1.5 x of principal building width whichever is greater Projecting 1 One per storefront no greater than 16 Sq. Ft. Portable 1 ( no permit needed) 8 Sq. Ft. (only during hours of operation) Properties with water frontage Lighting of ground mounts signs on the riverwalk is prohibited R-3, P-D, C-2, Ground 1 16 Sq. Ft. (limited to 8 feet in height) C-3 & W-F Marquee, Suspended, Wall n/a 25 Sq. Ft. or .75 x of principal building width Each boat slip will be permitted (1) one sign not to exceed 25 square feet. Projecting 1 16 sq. ft. Portable 1 (no permit needed) 8 Sq. Ft. (only during hours of operation) Industrial Properties L-I & G-I Ground 1 (for each 600 feet of frontage) 64 sq. ft. (limited to 12 feet in height) Marquee, Suspended, Wall n/a 64 Sq. Ft. (For parcels on corner lots an additional 64 sq. ft. of signage will be permitted) Projecting 1 48 Sq. Ft. All signs shall be setback at least four (4) feet from the public right-of-way to the front of the sign structure, provided clear vision can be maintained, pursuant to Section 513. Where a sign projects or protrudes over any public or private sidewalk or walkway the bottommost point of the sign structure shall be at least eight (8) feet from said walkway. City of Manistee Zoning Ordinance Page 5 Article Twenty One Signs  CITY OF MANISTEE ZONING BOARD OF APPEALS BY-LAWS AND RULES OF PROCEDURES 1. AUTHORITY These By-laws and Rules of Procedures are adopted by the Zoning Board of Appeals of the City of Manistee, County of Manistee, (hereinafter known as Appeals Board) pursuant to Public Act 110 of 2006, as amended, the Michigan Zoning Enabling Act; and the Public Act 267 of 1976, as amended, the Open Meetings Act. Established by Article 25 of the City of Manistee Zoning Ordinance, the Appeals Board also acts as the Construction Board of Appeals as provided for in Chapter 1420 Michigan Building Code and as the Fire Code Board of Appeals as provided for in Chapter 1610 International Fire Code of the Codified Ordinances of the City of Manistee. The duties and responsibilities of the Appeals Board are specified and limited to those identified in the above referenced Article and Chapters. 2. OFFICERS 2.1 Selection. At the Organizational meeting in January, the Appeals Board shall elect a chair, vice-chair and secretary who shall serve for the next twelve (12) months and who shall be eligible for re-election. Vacancies in an office of the Appeals Board shall be filled at the next meeting of the Appeals Board. The membership shall elect one of its members to fill the vacancy until the next annual election. 2.2 Duties. The chair shall preside at all meetings and shall conduct all meetings in accordance with the rules provided herein. The vice-chair shall act in the capacity of the chair in the absence of the chair. In the event of a vacancy in the office of chair, the vice chair will assume the office of chair and the Appeals Board shall select a successor to the office of vice-chair at the earliest practicable time. The Secretary, or a Recording Secretary appointed by the Secretary, shall be responsible for the preparation of minutes, keeping of pertinent public records, delivering communications, reports, and related items of business of the Appeals Board, issuing notices of public hearings and performing related administrative duties to assure efficient and informed Appeals Board operations. In the event the Secretary is absent, the chair or acting chair shall appoint a temporary secretary for such meeting. 2.3 Tenure. The officers shall take office immediately following their election. They shall hold their office for a term of one year, or until their successors are elected and assume office. 3. MEETINGS 3.1 Meetings. Meetings shall be scheduled upon receipt of a complete application. The business which the Appeals Board may perform shall be conducted at a public meeting of the Appeals Board held in compliance with the Michigan Zoning Enabling Act. Public Notice of the time, date, and place of the meeting shall be given in a manner as required by the Michigan Zoning Enabling Act. City of Manistee Zoning Board of Appeals By-Laws and Rules of Procedures Page 1  3.2 Meeting Notice. Notice of all meetings shall be posted at City Hall. The notice shall include the date, time and place of the meeting. Any changes in the date or time of the meetings shall be posted and noticed in the same manner as originally established. 3.3 Board Absences. In order to maintain the maximum participation of all appointed Zoning Board of Appeals members at all scheduled meetings, the following is the attendance guide and Board Member replacement policy for “excused” or “unexcused” absences: 1. When appointed, each Board Member should state his/her willingness and intention to attend each scheduled meeting of the Zoning Board of Appeals. 2. In the event of unplanned personal matters, business trips, family vacation trips, changed job requirements, sickness, or other physical disabilities that prohibit the Board Member from attending the scheduled meeting; the Commission Chair or staff Liaison to the Zoning Board of Appeals should be notified as soon as possible prior to the time of the scheduled meeting of their inability to attend. The Board Member upon this notification will receive an “excused absence” for the involved scheduled meeting. 3. If any Board Member is absent from three (3) consecutive scheduled meetings without an “excused absence” for any of the three (3) meetings, the Board Member shall be reported in writing to the City Manager. The City Manager will contact the Board Member in writing and question his/her continued ability or interest in being on the Commission, giving the member a chance to rectify the attendance issue or submit a resignation. 4. There will be no limit on the number of consecutive “excused absences” for any Board Member. However, if the Board Member is repeatedly absent for at least 50% of the yearly scheduled meetings, that member will also be reported in writing to the City Manager. The City Manager will contact the Board Member in writing and question the member’s continued ability or interest to be on the Commission. The Board Member will be considered for an appointment nullification when the absences total six in the calendar year. 5. The appointment nullification action would be initiated by the City Manager and forwarded on to the City Council for official action. 3.4 Special Meetings. A special meeting may be called by two members of the Appeals Board upon written request to the Secretary or by the Chairperson. The business which the Appeals Board may perform shall be conducted at a public meeting of the Appeals Board held in compliance with the Open Meeting Act. Public Notice of the time, date, and place of the special meeting shall be given in a manner as required by the Open Meeting Act, and the Secretary or Recording Secretary shall provide notice to members of the Appeals Board by writing, telephone, or e-mail. 3.5 Quorum. In order for the Appeals Board to conduct business or take any official actions, a quorum consisting of at least three of the five members and two alternates of the Appeals Board shall be present. When a quorum is not present, no official action, except for the closing of the meeting may take place. The members of the Appeals Board may discuss matters of interest, but shall take no action until the next regular or special meeting. All public hearings without a quorum shall be scheduled for the next regular or special meeting and no additional public notice is required provided the date, time and place is announced City of Manistee Zoning Board of Appeals By-Laws and Rules of Procedures Page 2  at the meeting. 3.6 Public Hearings. Hearings shall be scheduled and due notice given in accordance with the provisions of the Acts and Ordinance cited in Section 1. Public hearings conducted by the Appeals Board shall be run in an orderly and timely fashion. This shall be accomplished by the following procedure. 1. The Chair of the Appeals Board shall announce that a public hearing will be conducted on a request. 2. The Chair shall read the public hearing announcement as published in the newspaper and give a brief description of the hearing subject and the public notice procedure. 3. The Chair shall announce the following hearing rules: a. The Chair will recognize each speaker. When a speaker has the floor, he/she is not to be interrupted unless time has expired. Persons speaking without being recognized shall be out of order. b. Each speaker shall state their name and address for the record and may present written comments for the record. c. Speakers shall address all comments and questions to the Appeals Board and comments will be limited to the subject matter of the Public Hearing. d. Unless waived by the Appeals Board for a specific meeting or a specific speaker, public comment shall be limited to five (5) minutes per speaker. If a group of people wish to be heard on one subject, a spokesperson may be designated who may request that more than five (5) minutes be permitted for collective comments of the group as presented by that speaker. e. The Chair may allow people to speak a second time after everyone has had the opportunity to speak. The Chair may request that repetitive comments be limited or abbreviated in the interest of saving time and allowing others to speak. f. The Chair may establish additional rules of procedure for particular hearings as he/she determines appropriate. g. Normal civil discourse and decorum is expected at all times. Applause, shouting, outbursts, demonstrations, name-calling or other provocative speech or behavior may result in removal from the hearing or an adjournment. 4. Once all public comments have been stated, the Chair shall close the hearing. Any voting member of the Appeals Board may initiate a motion to close the hearing. 5. Public Hearings shall be carried out in the following format: a. The Chair shall open the hearing. b. The Applicant shall present any comments and explanation of the case. Applicant’s presentation shall not be subject to the five (5) minute limitation. c. The City staff and any consultants serving the City shall present their reports. d. The hearing will be opened for public comment. e. The public comment period will be closed. f. Deliberation and discussion by the Appeals Board. g. Disposition of the case by the Appeals Board. If more than one public hearing has been scheduled for the meeting. The public hearings will be held in the order in which received. Deliberation and disposition by the Appeals Board will be held after all public hearings have been closed. City of Manistee Zoning Board of Appeals By-Laws and Rules of Procedures Page 3  3.7 Misfeasance, Malfeasance, or Nonfeasance/Conflict of Interest. A member of the Zoning Board of Appeals may be removed by the legislative body for misfeasance, malfeasance, or nonfeasance in office upon written charges and after public hearing. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest constitutes malfeasance in office. 3.8 Motions. Motions shall be restated by the Chair before a vote is taken. The name of the maker and second of each motion shall be recorded. 3.9 Voting. An affirmative vote of the majority of the Appeals Board shall be required for the approval of any requested action or motion placed before the Appeals Board. Voting shall ordinarily be by voice vote; provided however that a roll call vote shall be required if requested by any Appeals Board member or directed by the Chairperson. All members of the Appeals Board including the Chairperson shall vote on all matters, but the Chairperson shall vote last. 3.10 Order of Business. A written agenda for all regular meetings shall be prepared as followed. The order of business shall be: Call to Order. Roll Call Approval of Agenda Approval of Minutes. Site Inspection Public Hearings. Business Session. Action on Pending Case Old Business Other Business of the Appeals Board Public Comments and Communications concerning items not on the agenda. Adjournment. A written agenda for special meeting shall be prepared and followed, however the form as enumerated above shall not be necessary. 3.11 Rules of Order. All meetings of the Appeals Board shall be conducted in accordance with generally accepted parliamentary procedure, as adopted by City Council for all Boards and Commissions within the City of Manistee. 3.12 Agenda Items. For an item to be considered at a regular Appeals Board meeting, it must be submitted to the City Community Development Department no later than the established policy of the City prior to the next scheduled Appeals Board Meeting. 3.13 Conflict of Interest: 1. As used here, a conflict of interest shall at a minimum include, but not necessarily be limited to, the following: a. A commission member issuing, deliberating, voting or reviewing a case concerning City of Manistee Zoning Board of Appeals By-Laws and Rules of Procedures Page 4  himself. b. A commission member issuing, deliberating, voting or reviewing a case concerning work on land owned by himself. c. A commission member issuing, deliberating, voting or reviewing a case involving a corporation, company, partnership, or other entity in which he is a part owner, or any other relationship where he may stand to have a financial gain or loss. d. A commission member issuing, deliberating, voting or reviewing a case which is an action which results in a pecuniary benefit to himself. e. A commission member issuing, deliberating, voting or reviewing a case concerning his spouse, children, step-child, grandchildren, parents, brother, sister, grandparents, parents in-law, grandparents in-law or member of his household. f. A commission member may consider the possibility of declaring a conflict of interest if his/her home falls within a notification radius used for a Public Hearing. Because the sending of the notice automatically presumes some degree of interest, this fact should be recognized by declaring a conflict, particularly if a financial impact is likely. g. A Board Member who feels, in his/her judgement that his/her job, scope of duties and/or position may be at risk, pending the outcome of the permitting process. h. The Planning Commission Representative to the Appeals Board will abstain from any case where as a member of the Planning Commission he/she made a decision which resulted in the appeal. 2. A commission member shall, when he/she has a conflict of interest do the following immediately, upon the first review of the case and determining a conflict exists: a. declare a conflict exists at the beginning of the meeting where the case appears on the agenda, or when the topic brought up so such declaration is recorded in the minutes, and b. refrain from participating in the discussion, site inspection or review of the case, except where specific information has been requested by the commission, and c. refrain from casting a vote on any motion having to do with the case. 3. Nothing in the above shall preclude a member from recusing him or herself from the board due to a conflict and participating as a member of the public. 4. MINUTES 4.1 Preparation. Appeals Board minutes shall be prepared by the Secretary or Recording Secretary of the Appeals Board. The minutes shall contain a brief synopsis of the meeting, including a complete restatement of all motions and recording votes; complete statement of the conditions or recommendations made on any action; and recording of attendance. All communications, action and resolutions shall be attached to the minutes. 5. OPEN MEETINGS AND FREEDOM OF INFORMATION PROVISIONS 5.1 All meetings of the Appeals Board shall be open to the public and held in a place available to the general public. 5.2 All deliberations and decision of the Appeals Board shall be made at a meeting open to the public. City of Manistee Zoning Board of Appeals By-Laws and Rules of Procedures Page 5  5.3 A person shall be permitted to address a hearing of the Appeals Board under the rules established in subsection 3.5, and to address the Appeals Board concerning non-hearing matters at the time designated for such comments. 5.4 A person shall not be excluded from a meeting of the Appeals Board except for breach of the peace, committed at the meeting. 5.5 All records, files, publications, correspondences, and other materials are available to the public for reading, copying, and other purposes as governed by the Freedom of Information Act. 6. ANNUAL REVIEW OF BY-LAWS The Appeals Board shall annually review their By-Laws at their Organizational Meeting in January after the election of Officers. 7. AMENDMENTS These rules may be amended by the Appeals Board by a concurring vote to subsection 3.7, during any regular meeting, provided that all members have received an advanced copy of the proposed amendments at least three (3) days prior to the meeting at which such amendments are to be considered. I HEREBY CERTIFY that the above Bylaws were adopted the ____ day of January, 2013. _______________________________________ _______________, Secretary [Annotation: As approved by the City Council at their June 2, 2009 Meeting - Council authorized the bylaw amendments for all Boards and Commissions to include the new Board Absences language; directed all boards or commissions to implement and follow these changes as Council has requested; and authorized the Mayor to sign the amended bylaws.] Approved by the City of Manistee Council ____________________________________ Date City of Manistee Zoning Board of Appeals By-Laws and Rules of Procedures Page 6 ____________________________________ Colleen Kenny, Mayor City of Manistee Zoning Board of Appeals By-Laws and Rules of Procedures Page 7