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.