Board of Appeals

AGENDA Board of Appeals Wednesday, April 24, 2024 (12:00 PM) 333 W. Michigan Ave. Three Rivers, MI 49093 Page 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF THE AGENDA 4. APPROVAL OF MINUTES 4.A. Minutes of the meeting held February 14, 2024 5. GENERAL COMMENTS This portion of the meeting is for general comments from the public regarding topics not on the agenda. Each person will be allowed to address the board for 5 minutes. The purpose of general comments is to allow the public to address concerns to the board rather than present questions or engage in public debate or Q&A. 6. PUBLIC HEARINGS 6.A. Variance request for a wall sign at 223 N. US-131 2-8 Staff Report to ZBA ZBA Application_Gramz Zoning Inspection Report Zoning Permit (223 N. US-131) Sign Elevations (photos) 7. BUSINESS / DISCUSSION 7.A. Ordinance Amendment (draft) for signage provisions: wall signs 9 DRAFT Ordinance Amendment (wall signs) 7.B. Ordinance Amendment (proposed) for signage types: pole vs. monument 7.C. Schedule next meeting for upcoming applications (Michigan Ave. & US- 131) 8. ADJOURNMENT Page 1 of 9  City of Three Rivers 333 West Michigan Avenue • Three Rivers, Michigan 49093 Phone: 269.273.1075 • Fax: 269.273.3132 www.threeriversmi.org REPORT TO: Three Rivers Zoning Board of Appeals FROM: John Beebe, Liaison to the Board SUBJECT: Variance request for a wall sign at 223 N. US-131 DATE: April 24, 2024 SUMMARY: Gramz Cannabis currently leases space on the East side of US-131 in the River Crossings shopping center (N. of Goodwill) with the intention of constructing wall signs on the building corresponding to the prospective business. The submitted application for a variance on the placement of a second wall sign has been reviewed by City Staff with a determination the variance under consideration may meet requirements under Section 30-35 of the City Code. COMPLIANCE NARRATIVE: The large commercial lot (size and configuration) for which the second wall sign has been proposed is indicative of a special condition potentially worthy of consideration for variance with respect to Part 1 of Section 30-35(D)(2)(a). In addition, literal interpretations of city zoning ordinance stipulations may deprive the applicant of rights commonly enjoyed by other properties in the same zoning district following Part 2 of said section -- including, but not limited to, Bronson and Walgreens pharmacy (S. of Millard). No known actions taken by the applicant have resulted in special circumstances with respect to Part 3 of said section. What is more, the granting of this variance would be in harmony with the purpose and intent of the city’s zoning ordinance in accordance with Section 30-35(D)(2)(f). With respect to Part 4 of Section 30-35(D)(2)(a), a second wall sign also would not constitute a special privilege already denied to other businesses in the same zoning district. ATTACHMENTS: Application for Variance Request, Zoning Permit, related documentation RECOMMENDATION: It is recommended that the Board of Appeals review the submitted application for variance request and, if it meets the requirements, move to approve the plan for a second wall sign at the proposed location. Page 2 of 9 Page 3 of 9 Page 4 of 9 Page 5 of 9 Page 6 of 9 Page 7 of 9 Page 8 of 9  Draft 04/24/2024 CITY OF THREE RIVERS - ORDINANCE NO. ____ AN ORDINANCE TO AMEND CHAPTER 30 OF THE CODE OF THE CITY OF THREE RIVERS (ZONING ORDINANCE) PERTAINING TO DISTRICT SIGN REGULATIONS. Section 30-19 (E) of the Three Rivers City Code is amended as follows: (E) District Regulations. The following signs are allowed in the various zoning districts as provided in this Section. Signs are allowed to be installed on the side of a building in accordance with the specific requirements of each zoning district. (1) Residential Districts (all R-#). <no changes> (2) Neighborhood Business District (B-1). <no changes> (3) Central Business District (B-3). <no changes> (4) General Business (B-2) and Industrial Districts (I-1, I-2). Except as otherwise provided in this section, signs shall be limited to one (1) wall, canopy, or projecting sign, and one (1) monument sign or pylon sign on the premises of a business establishment or composite of businesses under single ownership by an individual, firm or corporation. On parcels fronting two (2) or more public streets, one (1) monument or pylon sign is allowed for each street frontage. One (1) additional wall sign is also allowed for businesses on parcels fronting two (2) public streets in which the sides of the building where the business is located are no less than XXX feet and are not obstructed (clearly visible) from the public streets. On parcels with five hundred (500) feet of total street frontage on one (1) street or seven hundred (700) feet of total street frontage on two (2) or more streets, one (1) additional monument or pylon sign is allowed (a) The total area of each sign permitted shall not exceed ten (10) square feet for each ten (10) feet or fraction of street frontage, or seventy-five (75) square feet for each acre or fraction thereof, whichever is greater. However, in no case shall the area of any sign exceed one hundred and fifty (150) square feet. (b) Where any premises has more than one occupant, the permitted area of each sign shall be divided among them in the same proportion as floor space and outdoor sales space which is occupied by them. (c) Where the premises has more than two (2) occupants, and has a name distinct from that of an occupant, as in a shopping mall, an additional five (5) square feet of sign area for each ten (10') feet or fraction of street frontage up to a maximum of one hundred (100) square is allowed for monument or pylon signs. This additional sign area shall be used only to display the name of the premises. (d) Structures containing a floor area of ten thousand (10,000) square feet or more and having multiple tenants, may have one (1) wall, canopy or projecting sign identifying only the name and/or business for each tenant, provided no single sign is greater than ten (10%) percent of the gross silhouette area of the tenant building front to which it is attached or one hundred (100) square feet, whichever is lesser. For the purposes of determining the gross silhouette of the building, the silhouette shall be defined as that area within an outline drawing of the principal building as viewed from the main entrance of the building. Main entrance shall be determined by the Zoning Administrator. (e) The maximum height for a monument sign shall not exceed fifteen (15) feet. The maximum height for a pylon sign shall not exceed twenty-five (25) feet. (f) Any canopy structure to which a canopy sign is attached shall not be less than two (2) feet from any vehicular parking space or maneuvering lane. A minimum under-clearance of eight (8) feet shall be maintained above a sidewalk by all canopy structures. Canopies hereafter erected shall, whenever practicable, match the established under-clearance height and projection of canopies which exist on abutting parcels and/or businesses. (g) On parcels fronting two (2) or more public streets, one (1) monument or pylon sign is allowed for each street frontage. 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