EMMET COUNTY PLANNING COMMISSION

ZONING ORDINANCE ADVISORY COMMITTEE

THURSDAY MAY 7, 2009 5:00 P.M.

EMMET COUNTY COURTHOUSE

CONTROLLER’S CONFERENCE ROOM

200 DIVISION ST

PETOSKEY, MI  49770

MINUTES

 

MEMBERS PRESENT:               KELLY ALEXANDER, SUE ANDERSON, DAN PLASENCIA

 

MEMBERS ABSENT:                 JIM SCOTT

 

STAFF:                                     B. MICHALEK, T. DOERNENBURG, M. LINEHAN

 

VISITORS:                                NONE

 

I           Call to Order

Alexander called the meeting to order at 6:04 p.m.  All members were present except Scott.

 

II         Minutes of April 22, 2009

Anderson made a motion supported by Plasencia to approve the minutes of the April 22, 2009 meeting.  The motion passed by unanimous voice vote of the members present. 

 

III        Discuss Definitions

 

The committee continued their review of the definitions.

 

“Cabin”:  The committee determined that the proposed definition was accurate.

 

“Camper”:  Doernenburg explained that the definition was changed to be in line with state statute.  The committee determined that the proposed definition was accurate.

 

“Campground”:  Plasencia questioned where the number of people came from in the definition.  This is from the state definition.  Anderson asked if it needs to say something other than ‘person’ to include organizations such as Blissfest.  Doernenburg stated that the state has a definition for person; perhaps this could be added to our definition list.  Alexander asked what would happen if a camping situation occurred with less than five people.  Doernenburg explained that the approved site plan would have to be enforced.  Camping would be allowed if the site plan had a place designated for camping.  The committee determined that the proposed definition was accurate with the addition of the definition of “person” to the list.

 

“Cemetery”:  Plasencia asked if ‘place’ should be replaced with ‘parcel’ or ‘tract of land’.  Michalek explained that this was determined through the Planning Commission recently.  In the case reviewed, the cemetery was only a particular part of the owner’s land; therefore the word ‘place’ was determined to be correct.  The committee determined that the proposed definition was accurate.

 

“Child care home, Family” & “Child care home, Group”:  Doernenburg explained that these definitions are directly taken from state statute.  This is a use that is required to be allowed if they meet specific criteria. The committee determined that the proposed definition was accurate.

 

“Clinic”:  Michalek noted that “solely on an outpatient basis” was key when determining this definition.  The committee determined that the proposed definition was accurate. 

 

“Clubhouse”:  Doernenburg noted that staff struggled with this definition.  This is a replacement for “club” which is defined currently in the ordinance.  Plasencia asked where fraternal organizations fit in.  They were addressed under “Assembly Hall.”  Michalek noted that the highlighted area which reads “utilized only by patrons of the primary use” warrants further discussion.  Would the clubhouse be allowed to expand to outside uses for events such as weddings or a restaurant use?  Anderson suggested adding “primarily” to that statement.  This would cover the occasions in which they utilize the building for other purposes or events.  After discussion, it was decided to remove “utilized only by patrons of the primary use” and control the use with regulations. 

 

“Condominium”:  This definition was taken from the Condominium Act with the only change being the name of the act was updated.  The committee determined that the proposed definition was accurate.

 

“Convalescent Home”:  Will be covered when “nursing home” is reviewed. 

 

“Cottage”:  The committee determined that the proposed definition was accurate.

 

“Country Club”:  Anderson asked if it has to be a private club.  Alexander stated that it is private in the sense that it is at the members’ discretion as to who is allowed in.  It is their choice if they open it to the public or not.  ‘Indoor recreation’ will be added to the list of activities listed.

 

“Development”:  This is word for word from the current ordinance.  Doernenburg suggested removing the word “new”.  The committee determined that the proposed definition was accurate with that small change.

 

“District”:  The current definition included the words “unincorporated area”.  This was removed because under the current Enabling Acts, villages can be included in county zoning if they desire.  The committee determined that the proposed definition was accurate.

 

“Dock”:  This is a new definition.  The committee determined that the proposed definition was accurate.

 

“Drive-in/drive-thru:  This definition is the same as the current definition except that drive-thru was added.  The committee determined that the proposed definition was accurate.

 

“Driving range”:  the “patrons do not walk” portion of the definition was questioned.  Michalek explained that it is phrased to try to circumvent those who may expand a driving range to a golf course.  After discussion it was determined that the definition will read:  “A limited area on which patrons drive golf balls from a central driving tee, such area may include a snack-bar and pro shop, but excludes miniature golf courses and golf courses.”

 

“Dwelling, duplex”:  The committee determined that the proposed definition was accurate.

 

“Dwelling, Single-family”:  The only change is that ‘one family’ was changed to state ‘single family’.  The committee determined that the proposed definition was accurate.

 

“Dwelling, Multiple-family”:  The only change is the addition of the last sentence.  The committee determined that the proposed definition was accurate.

 

“Dwelling unit”:  Doernenburg noted that sanitation was added as part of the definition.  Currently, a cooking area is the determining factor of a dwelling and many times people can get around the definition by using a microwave or similar device for cooking.  The committee determined that the proposed definition was accurate.

 

“Erected”:  Alexander questioned the fact that ground excavation or fill is part of this definition.  The committee determined that the proposed definition was accurate.

 

“Essential services”:  Plasencia asked where satellite dishes come in.  This is covered by communications.  The committee determined that the proposed definition was accurate.

 

“Excavation”:  Alexander asked if this definition refers to commercial, residential, or both uses.  Doernenburg noted that it refers to both.  Agricultural uses are regulated separately.  The committee determined that the proposed definition was accurate.

 

“Family”:  The committee determined that the proposed definition was accurate.

 

“Farm animal unit”, “Farm, commercial”, & “Farm, domestic”:  These definitions are directly from the Right to Farm Act.  Michalek noted that specialty farms are not limited in this definition.  This will have to be looked into as far as regulations go.  He noted that Kathy Abbott has recommended possibly changing this portion of the ordinance before the complete ordinance is changed in order to match the Right to Farm Act.  Doernenburg noted that the state regulations trump our zoning regulations as long as the farm follows the generally accepted agricultural management practices.  The committee determined that the proposed definitions are accurate.

 

“Farm Use Building”:  Doernenburg noted that if one applies for a building permit for an agricultural use now, an affidavit is required, there is no review and no charge.  This definition is there for that reason.  The committee determined that the proposed definition was accurate.

 

“Financial Institution”:  This is not in the current ordinance.  The definition will be slightly changed to read “An establishment where the principal business is the receipt, disbursement or exchange of funds and currencies, such as, but not limited to: banks, savings and loans, or credit unions.”

 

“Floor area, useable”:  Plasencia asked if basements are included.  As this definition is strictly used to determine parking requirements, if the basement is used as floor space for the business, it would count.  The committee determined that the proposed definition was accurate.

 

“Garage”:  Doernenburg asked if this definition is needed.  Accessory buildings will be defined; is a garage the same thing?  There was some discussion on this definition.  It was decided that it will be reviewed again at the next meeting. 

 

IV        Next Meeting & Adjournment

The next meeting will be held May 28, 2009 at 5:00 p.m. and will be held in the Commissioner’s boardroom. 

 

The meeting was adjourned at 7:10 p.m.