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CITY OF MUSKEGON
PLANNING COMMISSION MEETING
August 14, 2025 @ 4:00 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
☐ CALL TO ORDER:
☐ ROLL CALL:
☐ APPROVAL OF MINUTES:
☐ PUBLIC HEARINGS:
A. Case 2025-32: Request for an amendment to the Planned Unit
Development (PUD) to install coolers, build a compactor enclosure,
relocate and expand the outside bar, and add a fenced-in smoking
area, at 3505 Marina View Point (Dockers). Planning
B. Case 2025-33: Staff-initiated request to rezone the following properties:
1181 Ransom St, 1200 Ransom St, 1176 Peck St, 1196 Peck St, 1208 Peck
St, 1222 Peck St, 1250 Peck St, 1259 Peck St, 1275 Peck St, 1299 Peck St,
1302 Peck St, 1309 Peck St, 1314 Peck St, 1319 Peck St, 1322 Peck St, 1334
Peck St, 1337 Peck St, 1342 Peck St, 1347 Peck St, 1365 Peck St, 1377
Peck St, 1391 Peck St, 1410 Peck St, 1415 Peck St, 1422 Peck St, 1435
Peck St, 1440 Peck St, 1443 Peck St, 1470 Peck St, 1502 Peck St, 1516
Peck St, 1532 Peck St, 1542 Peck St, 1562 Peck St, 1576 Peck St, 1586
Peck St, 1596 Peck St, 1604 Peck St, 1624 Peck St, 1625 Peck St, 1632
Peck St, 1633 Peck St, 1640 Peck St, 1643 Peck St, 1649 Peck St, 1652
Peck St, 1659 Peck St, 1660 Peck St, 1669 Peck St, 1670 Peck St, 1691
Peck St, 1705 Peck St, 1715 Peck St, 1725 Peck St, 1735 Peck St., 19 Irwin
Ave, 22 E. Southern Ave, 23 Strong Ave, 24 Morrall Ave, and 32 Iona Ave,
from RM-1, Low Density Multiple-Family Residential to Form Based Code,
Neighborhood Edge; 1765 Peck St, 1781 Peck St, Parcel # 61-24-205-465-
0006-10, and 1778 Sanford St, from B-4, General Business, to Form Based
Code, Neighborhood Core; 180 E. Laketon Ave and 1752 Peck St from B-
4, General Business and MC, Medical Care, to Form Based Code,
Neighborhood Edge; and 36 Catherine Ave, 1366 Peck St, 1378 Peck St,
1386 Peck St, 1394 Peck and 1469 Peck St from B-1, Limited Business, to
Form Based Code, Neighborhood Edge. Planning
C. Case 2025-34: Staff-initiated request to rezone 3172 Edgewater St, 3182
Edgewater St, 2976 Lakeshore Dr, 2984 Lakeshore Dr, 2986 Lakeshore Dr,
Page 1 of 2
Page 1 of 58
3002 Lakeshore Dr, 3084 Lakeshore Dr, 3088 Lakeshore Dr, and 3092
Lakeshore Dr, from Waterfront Marine (WM) to Form Based Code,
Lakeside Mixed Residential (FBC-LMR). Planning
D. Case 2025-35: Request for a special use permit to operate a drive-thru
for a restaurant at 431 E. Laketon Ave, by Luis Santillanes. Planning
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
☐ ANY OTHER BUSINESS:
A. Strong Towns article - Parking minimums Planning
☐ GENERAL PUBLIC COMMENT:
► Reminder: Individuals who would like to address the City Commission shall do the following: ►Fill out a
request to speak form attached to the agenda or located in the back of the room. ► Submit the form to
the City Clerk. ► Be recognized by the Chair. ► Step forward to the microphone. ► State name. ►Limit of
3 minutes to address the Commission.
☐ ADJOURNMENT:
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF
MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
To give comment on a live-streamed meeting the city will provide a call-in telephone
number to the public to be able to call and give comment. For a public meeting that is
not live-streamed, and which a citizen would like to watch and give comment, they
must contact the City Clerk’s Office with at least a two-business day notice. The
participant will then receive a zoom link which will allow them to watch live and give
comment. Contact information is below. For more details, please visit:
www.shorelinecity.com
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 with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or by calling the following:
Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
clerk@shorelinecity.com
Page 2 of 2
Page 2 of 58
CITY OF MUSKEGON
PLANNING COMMISSION MEETING
July 10, 2025 @ 4:00 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
CALL TO ORDER
L. Willet-Leroi called the meeting to order at 4:00 p.m. and roll call was taken.
ROLL CALL
Members Present: K. Johnson, L. Willet-Leroi, J. Montgomery-Keast, J. Seyferth, S.
Gawron, and B. Mazade.
Member(s) Absent:
Member(s) Excused: D. Keener, S. Blake, and L. Simmons II
Staff Present: M. Franzak and S. Pulos
Others Present:
APPROVAL OF MINUTES
A motion to approve the Minutes of the regular Planning Commission meeting on
June 12, 2025, was made by J. Montgomery-Keast, supported by S. Gawron, and
unanimously approved.
PUBLIC HEARINGS
A. Case 2025-25: Request to amend Section 2331 of the zoning ordinance
to allow marihuana retailers and provisioning centers with approved
drive-thru access to remain open for drive-thru sales only between 12
a.m. and 2 a.m., by The Grassy Knoll. Planning
SUMMARY
In April 2024, the applicant requested to amend the ordinance to be able to operate
24 hours per day. The ordinance that was proposed was not well-written and would
have eliminated any hours of operation for all other retail stores. The request was
ultimately denied. This request is much more well-written and should not cause any
unintentional hardships for other marihuana retailers.
Page 1 of 8
There are currently three approved drive-thru locations within the city. These are
located at The Bodega (885 E Apple Ave), The Grassy Knoll (2125 Lemuel St), and
Greencraft (551 Young Ave).
Current Ordinance Excerpt
Section 2331: Marihuana Facilities Overlay District
3. Provisioning Centers, Retailers, Microbusinesses, and Designated Consumption
Establishments may operate between the hours of 8 am and 12 am.
Proposed Ordinance (additions italicized)
Section 2331: Marihuana Facilities Overlay District
3. Provisioning Centers, Retailers, Microbusinesses and Designated Consumption
Establishments may operate between the hours of 8 am and 12 am daily; however,
Provisioning Centers and Retailers with approved drive-thru access may remain
open for drive-thru sales only between the hours of 12 am and 2 am, provided all
other applicable local, state, and safety regulations are met.
Current Drive-Thru Regulations
Section 2331: Marihuana Facilities Overlay District
3.d. Curbside/Drive-Thru. Curbside delivery is allowed at all retail sale locations with
an approved site plan that does not impede traffic or pedestrian safety. Drive-thrus
are allowed as a special use permitted under the following conditions:
i. The underlying zoning designation must be B-2, B-4, MC, I-1, I-2, or any Form
Based Code designation/building type that allows for drive-thru businesses.
ii. Drive-thru windows must be located on private property. Streets and alleys may
only be used for the movement of traffic and may not be used for drive-thru
vehicular stacking.
iii. A traffic study must be performed showing the anticipated number of stacking
spaces and where they would be located on site.
STAFF RECOMMENDATION
Staff do not have a recommendation on whether marihuana establishments should be
open longer. However, the proposed ordinance is well-written and could be incorporated
into the ordinance properly. Staff do have some concerns about the applicant's ability to
follow the established guidelines. Staff have had discussions with the applicant for the past
couple of years about their desire to host temporary campground events on-site during
special events around the city. That use type is not allowed in their zoning district (I-1) and
would need an amendment for them to proceed. Staff have discovered that a beach
event in August is advertising overflow camping at The Grassy Knoll.
PUBLIC COMMENT
None
Page 2 of 8
CLOSE PUBLIC HEARING - MOTION
A motion to close the public hearing was made by J. Montgomery-Keast, supported by J.
Seyferth, and unanimously approved.
MOTION PASSES
MOTION
Motion by K. Johnson, seconded by J. Montgomery-Keast, that the request to
amend Section 2331 of the zoning ordinance to allow marihuana retailers and
provisioning centers with approved drive-thru access to remain open for drive-thru
sales only between 12:00 a.m. and 2:00 a.m. be recommended to the City
Commission for approval.
ROLL VOTE: Ayes: K. Johnson
Nays: L. Willet-Leroi, J. Montgomery-Keast, J. Seyferth, S. Gawron, and B.
Mazade
MOTION FAILS
B. Case 2025-26: Request to amend Section 2005.05 of the Form-Based
Code to allow churches as a permitted use in civic buildings in the Form-
Based Code, Downtown context area, by Century Club Development,
LLC. Planning
SUMMARY
Churches are not a permitted use in the Form Based Code, Downtown (FBC-DT)
context areas. There are two building types allowed in the FBC-DT context areas -
Mixed-use and Civic buildings. Churches are allowed in the other FBC context
areas, but only in civic buildings. Other uses allowed in civic buildings include
galleries and train stations. This request is to amend the ordinance to allow
churches in civic building types in the FBC, DT context area.
Staff believe that the Century Club can be defined as a civic building. The building
was dedicated in January 1889 for the Muskegon Club and became the Century
Club in January 1901. Historically, the building served as a social club formed by
Muskegon’s business leaders; some early Club presidents included
business/community leaders Charles Hackley, John Torrent, Lyman Mason, and A.
V. Mann. The Club included, at one point, over 550 total members and was
considered the center of business life of the community. Closed in 1991, retail
activity in the building was introduced in the mid-2000s following the demolition of
the Muskegon Mall.
STAFF RECOMMENDATION
Staff do not have a recommendation on whether churches should be allowed in the
FBC-DT context area. There currently are not any churches located within any of
these designated properties, so it would not bring any non-conforming churches
Page 3 of 8
into conforming status. There are pros and cons to the request. The pro is that it
would activate a specific building that has had a tough time functioning as retail.
The cons would include the elimination of property taxes and potentially reducing
the number of days the buildings would be used, reducing foot traffic and activity in
the downtown.
PUBLIC COMMENT
Matt L. Pastor - He enjoys having his church at the Century Building and would love
to continue doing so. Would like to hopefully add a coffee shop or shared
workspaces for individuals.
Maggie, Muskegon resident - Strongly opposes the request and doesn't believe
that churches help the economic growth or livability of a downtown area.
Phil M. - Opposes the request, considers it a non-revenue-generating use in the
downtown district.
Angel K. - Owns a business downtown and doesn't support the request, because
businesses rely on foot traffic, and doesn't believe the church will help.
John R. - Owns a condo near downtown and relies on the shops available
downtown, and does not support this request.
Aaron R. - Does not support this request.
A.S. - Does not support the request and agrees with the comments others have
made.
Bob B. - Supports the request and has been involved with this church.
Jacklyn W. - Supports the request and doesn't think that the building should
continue to be unusable.
CLOSE PUBLIC HEARING - MOTION
A motion to close the public hearing was made by J. Montgomery-Keast, supported by K.
Johnson, and unanimously approved.
MOTION PASSES
MOTION
Motion by K. Johnson, seconded by J. Montgomery-Keast, to move that the request to amend
Section 2005.05 of the Form-Based Code to allow churches as a permitted use in civic buildings
in the Form-Based Code, Downtown context area, be recommended to the City Commission for
denial.
ROLL VOTE: Ayes: L. Willet-Leroi, K. Johnson, J. Montgomery-Keast, J. Seyferth, and S.
Gawron
Nays: None
MOTION PASSES
C. Case 2025-27: Request for a special use permit to expand a non-
conforming structure by no more than 30%, at 3211 Edgewater Street.
Planning
Page 4 of 8
SUMMARY
The applicant would like to finish the attic space in the house and add a dormer.
The house is considered non-conforming because it does not meet the required
five-foot side setback on the west side of the property. Non-conforming structures
may be increased up to 30% of the existing size with the issuance of a special use
permit. The house currently measures 1,282 sf, which would allow up to a 384 sf
addition. The proposed addition measures 350 sf. Notice was sent to everyone
within 300 feet of the property. At the time of this writing, staff had not received any
comments from the public.
Planning Exercise
Prior to authorization of any Special Land Use, the Planning Commission shall give
due regard to the nature of all adjacent uses and structures. It shall determine the
consistency with the adjacent use and development. In addition, the Planning
Commission shall find that the proposed use or activity would not be offensive or a
nuisance, by reason of increased traffic, noise, vibration, or light. Further, the
Planning Commission shall find that adequate water and sewer infrastructure exists
or will be constructed to service the Special Land Use or activity.
Staff will answer the following questions and ask the Planning Commissioners if
they disagree with each statement at the meeting (Staff answers in italics).
Would the proposed expansion be considered offensive, or a nuisance, because of
any of the following:
1. Increased traffic - No
2. Increased noise - No
3. Increased vibration - No
4. Increased light - No
Does adequate water and sewer infrastructure exist, or will it be constructed to
service the Special Land Use or activity? Yes, it currently exists.
STAFF RECOMMENDATION
I move to approve the request for a special use permit to expand a non-conforming
structure by no more than 30%, at 3211 Edgewater Street, based on the findings of
facts in the staff exercise located in the staff report.
PUBLIC COMMENT
No public comments were received.
CLOSE PUBLIC HEARING - MOTION
A motion to close the public hearing was made by S. Gawron, supported by J. Seyferth, and
unanimously approved.
MOTION PASSES
Page 5 of 8
MOTION
Motion by K. Johnson, seconded by B. Mazade, to approve the request for a special use permit
to expand a non-conforming structure by no more than 30%, at 3211 Edgewater Street, based on
the findings of facts in the staff exercise located in the staff report.
ROLL VOTE: Ayes: L. Willet-Leroi, K. Johnson, J. Montgomery-Keast, J. Seyferth, and B.
Mazade
Nays: None
MOTION PASSES
D. Case 2025-28: This case has been removed. Planning
E. Case 2025-29: Staff-initiated request to rezone the following properties:
1181 and 1200 Ransom St; 1176, 1196, 1208, 1222, 1250, 1259, 1275, 1299,
1302, 1309, 1314, 1319, 1322, 1334, 1337, 1342, 1347, 1365, 1377, 1391,
1410, 1415, 1422, 1435, 1440, 1443, 1470, 1502, 1516, 1532, 1542, 1562,
1576, 1586, 1596, 1604, 1624, 1625, 1632, 1633, 1640, 1643, 1649, 1652,
1659, 1660, 1669, 1670, 1691, 1705, 1715, 1725, 1735, Peck St.; 19 Irwin
Ave, 22 E. Southern Ave, 23 Strong Ave, 24 Morrall Ave, and 32 Iona Ave,
from RM-1, Low Density Multiple-Family Residential to Form Based Code,
Neighborhood Edge; 1765 Peck St, 1781 Peck St, Parcel # 61-24-205-465-
0006-10, and 1778 Sanford St, from B4, General Business, to Form Based
Code, Neighborhood Core; 180 E. Laketon Ave and 1752 Peck St from B-
4, General Business and MC, Medical Care, to Form Based Code,
Neighborhood Edge; and 36 Catherine Ave, 1366, 1378, 1386, 1394 and
1469 Peck St from B-1, Limited Business, to Form Based Code,
Neighborhood Edge. Planning
This item was removed from the agenda.
F. Case 2025-30: Staff-initiated request to amend the zoning ordinance to
allow marinas as a permitted use in Form-Based Code, Lakeside Mixed
Residential districts. Planning
SUMMARY
This request, along with the next request (rezoning), was brought about after staff
had contact with a couple of property owners about land use issues on their
properties.
The owner at 2984 Lakeshore Dr wanted to demo and rebuild his house. However,
residential uses are not allowed in the Waterfront Marine (WM) district, and the
existing house was considered legally non-conforming (grandfathered). The owner
was forced to seek a variance to rebuild the house, and the request was eventually
Page 6 of 8
approved. The new house plans were approved, but the new house would have to
meet the existing setbacks in WM, which is 10/14 (side setback requirement) for a
two-story house. Residential setbacks are usually much smaller, such as five feet in
many districts. There are eight houses located in the WM district, all of which are
considered legally non-conforming. With this current zoning, all property owners
will have difficulty rebuilding, putting on additions, and possibly even refinancing.
The owner at 3092 Lakeshore Dr. demoed the existing house on site and wants to
build a multi-family house, between 6-8 units. This is not allowed since residential is
not a permitted use in the WM district.
Staff are not exactly sure why the entire area was zoned WM, but it has been that
way since at least 1986. Were these residential properties hoping to have marinas
added to their properties? Was it zoned in an effort to transform this area into
strictly marina and phase out residential? Without having a clear answer, staff
decided to hold a focus group among the property owners to see what their vision
was for their properties moving forward. At the meeting, it was discovered that most
of the homeowners wanted to continue to stay strictly residential. A couple of the
homeowners wanted to stay residential, but add a marina to the property. All the
homeowners stated that they did not have an objection to allowing residential with
a higher density than single-family.
After the focus group meeting, it was clear that the best path forward would be to
allow multi-family residential and marinas on these properties. The Form-Based
Code, Lakeside Mixed Residential (FBC-LMR) district allows for small multiplexes
(up to six units), but it does not allow for marinas. Staff are proposing to amend the
ordinance to make marinas a permitted use in this context, then to rezone these
eight properties to FBC-LMR. A clause was added to the amendment that states
"marinas are a permitted use on properties with Muskegon Lake waterfront
frontage." This will eliminate the possibility of any FBC-LMR properties without lake
frontage to store boats on their properties. The master plan supports both WM and
FBC-LMR as they both fit the description of a lakeshore that allows for mixed uses.
STAFF RECOMMENDATION: I move that the request to amend the zoning ordinance to
allow marinas as a permitted use in Form-Based Code, Lakeside Mixed Residential districts, be
recommended to the City Commission for approval.
PUBLIC COMMENT
D. Ghezzi - Has property that will be affected by this request, and he supports it.
CLOSE PUBLIC HEARING - MOTION
A motion to close the public hearing was made by K. Johnson, supported by J. Montgomery-
Keast, and unanimously approved.
MOTION PASSES
Page 7 of 8
MOTION
Motion by K. Johnson, seconded by S. Gawron, that the request to amend the zoning ordinance
to allow marinas as a permitted use in Form-Based Code, Lakeside Mixed Residential districts,
be recommended to the City Commission for approval.
ROLL VOTE: Ayes: L. Willet-Leroi, K. Johnson, J. Montgomery-Keast, J. Seyferth, S. Gawron,
and B. Mazade
Nays: None
MOTION PASSES
G. Case 2025-31: Staff-initiated request to rezone 3172 and 3182 Edgewater
St; 2976, 2984, 2986, 3002, 3088, and 3092, from WM, Waterfront Marine to
Form Based Code, Lakeside Mixed Residential. Planning
This item was removed from the agenda.
UNFINISHED BUSINESS
NONE
NEW BUSINESS
NONE
ANY OTHER BUSINESS
NONE
GENERAL PUBLIC COMMENT
No public comments were received.
ADJOURNMENT
The Planning Commission meeting adjourned at 5:30 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
Page 8 of 8
Agenda Item Review Form
Muskegon Planning Commission
Commission Meeting Date: August 14, 2025 Title: Case 2025-32: Request for an amendment
to the Planned Unit Development (PUD) to install
coolers, build a compactor enclosure, relocate
and expand the outside bar, and add a fenced-
in smoking area, at 3505 Marina View Point
(Dockers).
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Request for an amendment to the PUD to install coolers, build a compactor enclosure, relocate and
expand the outside bar, and add a fenced-in smoking area, at 3505 Marina View Point (Dockers).
Detailed Summary & Background:
The restaurant (formerly Dockers) is located within the Harbour Towne PUD. Any changes to the
footprint of the building require an amendment to the PUD.
The site plan includes the following changes to the PUD:
- An additional cooler/freezer area will be added near the NE corner of the property.
- The outdoor tiki bar will be slightly increased in size (to 480 sf) and will also be slightly realigned to fit
within the property line.
- A fence will be installed and will be used for an outdoor smoking area for patrons.
- The existing dumpster and enclosure will be removed and be replaced with a slightly larger trash
compactor and enclosure (12' x 40').
Notice was sent to all properties within 300 feet. At the time of this writing, staff had not received any
comments from the public.
Staff Recommendation
Staff recommend approval of the PUD amendment. None of the proposed improvements appear to
have any effect on neighboring properties.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Page 3 of 58
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move the request to amend the Planned Unit Development to install coolers, build a compactor
enclosure, relocate and expand the outside bar, and add a fenced-in smoking area, at 3505 Marina
View Point be recommended to the City Commission for approval.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 4 of 58
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REMOVE EXISITNG DUMPSTER AND
DUMPSTER ENCLOUSRE - CONSTRUCT
NEW 12' X 40' COMPACTOR ENCLOSURE
FOR NEW COMPACTOR.
Page 6 of 58
Agenda Item Review Form
Muskegon Planning Commission
Commission Meeting Date: August 14, 2025 Title: Case 2025-33: Staff-initiated request to
rezone the following properties: 1181 Ransom St,
1200 Ransom St, 1176 Peck St, 1196 Peck St, 1208
Peck St, 1222 Peck St, 1250 Peck St, 1259 Peck St,
1275 Peck St, 1299 Peck St, 1302 Peck St, 1309
Peck St, 1314 Peck St, 1319 Peck St, 1322 Peck St,
1334 Peck St, 1337 Peck St, 1342 Peck St, 1347
Peck St, 1365 Peck St, 1377 Peck St, 1391 Peck St,
1410 Peck St, 1415 Peck St, 1422 Peck St, 1435
Peck St, 1440 Peck St, 1443 Peck St, 1470 Peck St,
1502 Peck St, 1516 Peck St, 1532 Peck St, 1542
Peck St, 1562 Peck St, 1576 Peck St, 1586 Peck St,
1596 Peck St, 1604 Peck St, 1624 Peck St, 1625
Peck St, 1632 Peck St, 1633 Peck St, 1640 Peck St,
1643 Peck St, 1649 Peck St, 1652 Peck St, 1659
Peck St, 1660 Peck St, 1669 Peck St, 1670 Peck St,
1691 Peck St, 1705 Peck St, 1715 Peck St, 1725
Peck St, 1735 Peck St., 19 Irwin Ave, 22 E. Southern
Ave, 23 Strong Ave, 24 Morrall Ave, and 32 Iona
Ave, from RM-1, Low Density Multiple-Family
Residential to Form Based Code, Neighborhood
Edge; 1765 Peck St, 1781 Peck St, Parcel # 61-24-
205-465-0006-10, and 1778 Sanford St, from B-4,
General Business, to Form Based Code,
Neighborhood Core; 180 E. Laketon Ave and
1752 Peck St from B-4, General Business and MC,
Medical Care, to Form Based Code,
Neighborhood Edge; and 36 Catherine Ave,
1366 Peck St, 1378 Peck St, 1386 Peck St, 1394
Peck and 1469 Peck St from B-1, Limited Business,
to Form Based Code, Neighborhood Edge.
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff are recommending the rezoning of these properties to bring them into conformance. Almost all
properties in this case are considered legally non-conforming because they do not meet the
requirements of the RM-1 and B-1 districts. Fortunately, some of our existing Form Based Code zoning
context areas would bring these properties into conformance, both in terms of usage and building
requirements. The target area is along Peck St between Apple Ave and Laketon Ave.
Detailed Summary & Background:
Page 7 of 58
The RM-1 zoning designation poses many problems for existing buildings/businesses along Peck St. The
biggest issue with this zoning designation is that nearly all the properties are considered legally non-
conforming (grandfathered) because they do not meet the area and bulk requirements. Nearly
every property falls short of the following requirements: minimum lot width of 100 feet, maximum
building width of 50% (as a portion of lot width), and minimum lot size of 10,890 sf. Many others do not
meet the minimum side yard setback requirements of 8, 10, or 12 feet (depending on height of
building). These non-conformities can cause issues such as limiting expansion efforts, refinancing
problems, and property sales problems. The FBC-NE designation is similar to the RM-1 designation in
that it allows many of the same uses, while also limiting buildings to the same height, which is three
stories. Staff are recommending that a few of the parcels closer to Laketon Ave be rezoned to FBC-
NC to allow for more density closer to the Laketon Ave corridor. This designation allows for larger
buildings up to five stories and could encourage denser housing options along public transit routes.
The B-1 zoning designation is very limiting to the existing businesses in the area. The uses allowed are
very limiting, only allowing smaller-type businesses that serve the adjacent residential area. It also
limits each use to a maximum of 2,500 sf. Also, none of the businesses between Irwin and Isabella
meet the required front and side setback requirements. These buildings are built to the correct scale
and placement for walkability, even though it goes against the existing zoning requirements. A
rezoning to FBC-NE would bring these buildings into conformity and allow for a greater variety of
businesses.
Staff held a focus group with affected property owners in June about the potential of a rezoning.
There were about 15 participants at the meeting, all of whom agreed that the rezoning effort would
positively affect their situations.
Please see the enclosed maps that depict the current and proposed zoning of the parcels along
Peck St. The map is broken down into North Peck and South Peck to make it easier to view.
Notice was sent to all properties within 300 feet of each parcel to be rezoned. At the time of this
writing, staff had not received any comments from the public.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move the request to rezone the properties as listed be recommended to the City Commission for
approval.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X
Head
Page 8 of 58
Information
Technology
Other Division Heads
Communication
Legal Review
Page 9 of 58
URBAN RESIDENTIAL NEIGHBORHOOD RESIDENTIAL LIMITED BUSINESS OPEN SPACE RECREATION
NEIGHBORHOOD EDGE LOW DENSITY MULTI-FAMILY MEDICAL CARE 1576 PARCEL TO BE REZONED
1133 1129
1130 1129 89
1140
1135 1134 1140
1141
1138 1132
1137
80 1143
1148
1144
1152
MONROE AVENUE 1149
1150
32 126 NUE
VE
1154 1160 55
1164
139
1160
87 79
1161
E A
AR
1163 1160
1168
1164 1167
1163
L AW
E
PECK STREET
1174 1173 1170 D 119
1173 1165
1176
1178
1179
1181 1176 1182
1182 1184 1181
1185
1186 74 1183
1192 1189 1200
1192 1191
1187 1194
92
1189
MERRILL AVENUE 1196
1193
1197
1201 77
1209 1208 31 25 1201
SANFORD STREET
1205
1218 1205
1221 1218
1218 1222
1225 112
1226 1219
1229
1231 1223
1232 98
17 1227
0
1240 1239 11 1244
1241 105
1237
R
1247
1172 97
1248 1249
1245 1251
1243
1255
1253 1260 1258 1262
1259 1259 1250 52
1257 34
RA
44
1259 1268
STRONG AVENUE 1261
NS
38
32 53
OM
1274
1267
114 29 23 45 124
1280
AV
116
39 1275 1284
E
1275
NU
1292 31
119
1296
E
1285 115
19
1299
1302 1302
1299
AR
1302
1305 74
TH
1312 1309
1316 1303 1312
66
UR
1311 81
1316 1319 1318
1314 58 1311
ST
75
1319 1320
RE
67 1315 1326
1322
ET
1332 1327
1337 1321
34
1338 1336 1338
26 1327
1334 22
1350
1342 106
1356 1347 104
1337
21 1354 94
1349
17 125
115 84
MORRALL AVENUE 13 1364
5 1357
1366
27 1365
115 1370
1366
1376
54
1380 1377 1378
50
46 1379
1386
1391 1391 36
1394
1388
62
1403
1415
1413 19 29 41
1412 1410 59 69 77 83 91 109
130
1418
1422 1423 1420
1423
1422
1428
1433
1434 1437 1432
1436
1435 1440
1441 1440
1440
1443 1443
1449 1450 1448
1449
1452
1461 1460 1459 1458
1469
1470 1465 1464
1467 1468 1468
1472
1471
30 38 58 72 80
112
GRAND AVENUE
1497
CLINTON STREET
37 83
1500 111
1502 1497 137
JIROCH STREET
1507
1503
1508
1515
1515 1510
1500 1519 1516
1521 1522 1518
1516
1523 1526
1528
1533 1532 1533
1534 1536
80
1542 1541 1537
1542
1541 1542 1543 1544
22 1541 84 122 130
R
SOUTHERN AVENUE
EXISTING ZONING (NORTH) Page 10 of 58
URBAN RESIDENTIAL NEIGHBORHOOD RESIDENTIAL LIMITED BUSINESS OPEN SPACE RECREATION
NEIGHBORHOOD EDGE NEIGHBORHOOD CORE MEDICAL CARE 1576 PARCEL TO BE REZONED
1133 1129
1130 1129 89
1140
1135 1134 1140
1141
1138 1132
1137
80 1143
1148
1144
1152
MONROE AVENUE 1149
1150
32 126 NUE
VE
1154 1160 55
1164
139
1160
87 79
1161
E A
AR
1163 1160
1168
1164 1167
1163
L AW
E
PECK STREET
1174 1173 1170 D 119
1176 1173 1165
1178
1179
1181 1176 1182
1182 1184 1181
1185
1186 74 1183
1192 1189 1200
1192 1191
1187 1194
92
1189
MERRILL AVENUE 1196
1193
1197
1201 77
1209 1208 31 25 1201
SANFORD STREET
1205
1218 1205
1221 1218
1218 1222
1225 112
1226 1219
1229
1231 1223
1232 98
0 17 1227
1240 1239 11 1244 105
1241 R
1237 1247
1172 97
1251 1248 1249
1245 1243
1255
1253 1260 1258 1262
1259 1259 1250 52
1257 34
RA
44
1259 1268
STRONG AVENUE 1261
NS
38
32 53
OM
1274
1267
114 29 23 45 124
1280
AV
116
39 1275 1284
E
1275
NU
1292 31
119
1296
E
1285 115
19
1299
1302 1302
1299
AR
1302
1305 74
TH
1312 1309
1316 1303 1312
66
UR
1311 81
1316 1319 1318
1314 58 1311
ST
75
1319 1320
RE
67 1315 1326
1322
ET
1332 1327
1337 1321
34
1338 1336 1338
26 1327
1334 22
1350
1342 106
1356 1347 104
1337
21 1354 94
1349
17
115 84 125
MORRALL AVENUE 13 1364
5 1357
1366
27 1365
115 1370
1366
1376
54
1380 1377 1378
50
46 1379
1386
1391 1391 36
1394
1388
62
1403
1415
1413 19 29 41
1412 1410 59 69 77 83 91 109
130
1418
1422 1423 1420
1423
1422
1428
1433
1434 1437 1432
1436
1435 1440
1441 1440
1440
1443 1443
1449 1450 1448
1449
1452
1461 1460 1459 1458
1469
1470 1465 1464
1467 1468 1468
1472
1471
30 38 58 72 80
112
GRAND AVENUE
1497
CLINTON STREET
37 83
1500 111
1502 1497 137
JIROCH STREET
1507
1503
1508
1515
1515 1510
1500 1519 1516
1521 1522 1518
1516
1523 1526
1528
1533 1532 1533
1534 1536
80
1542 1541 1537
1542
1541 1542 1543 1544
22 1541
84 122 130
R
SOUTHERN AVENUE
PROPOSED ZONING (NORTH) Page 11 of 58
URBAN RESIDENTIAL NEIGHBORHOOD RESIDENTIAL GENERAL BUSINESS OPEN SPACE RECREATION
NEIGHBORHOOD EDGE LOW DENSITY MULTI-FAMILY MEDICAL CARE 1576 PARCEL TO BE REZONED
22 1541 1543
84 122 130
SOUTHERN AVENUE
1563 85 31
71 1562 1561 27
JEFFERSON STREET 1562 1561
JIROCH ST (VACATED)
1572 1568 1567 1569
SANFORD STREET
1573
PECK STREET
1579
1578 1575 1576
1583 1577
1586
1587 1586 1587
1593 1586
1593 1593
1596
1596
1605 1597
1604 1605
1604 1603 1604
32 28 32
1550
1627 1624 77 1621 43 35 1625
FOREST AVENUE (VACATED)
1624
35
1631
1632 1633 1632 1633
1641 1642
1641 1640 1643 1640
1641
1648
1652 1651
1649
1652 1653
1665 1658
1659
1668 1660 1661
82 74 1669
66 1670 1669
34
63 1675
1693 73 1690
CLINTON ST (VACATED)
1694
1691
1699 1698
1701
1710 1709 1706 1705
1715
1713
1715
1720
1721 1722
1727 1725
1728
90 1734 1735
64
38 30
LARCH AVENUE LARCH AVENUE (VACATED)
CLINTON STREET
R 1752 77 65
31 39
1752
1765
LARCH CT. (VAC.)
JIROCH ST. (VAC.)
1759 1762
1763 1761
1772 1771
1771 1768
1777 1778 0
1782 1781 1774
1779
1783
1790
180
1811
1810
65
LAKETON AVENUE
43
1817 1816 137
1801 109
1822
1823
1815
1828 1825
1822 1821
1836
1830 1829
1842 1841
1839 1838
1848 1846 1837
1847 1800
1854 1853 1845
1846
OSR
1853
1860 1859
1872 1871 1872 1871
1868
JEFFERSON STREET
1869
1880
1877 1880
SANFORD STREET
1877 1876 1877
1888
1885
PECK STREET
1884
1881
1896
1895
1890 1889
1902 1916
1901
1910 1921
1910 1907
1918 1907 1908 121 1907
1904
1916 1915
1915 1915
1916
CLINTON STREET
1922 1922 1921
JIROCH STREET
1923 1924 1925
1932
1928 1930
LEAHY STREET
1931
1931 1932 1932 1933
1944 1934 1929
1938 1937
1931 1936 1938 1937
1956 1938 1946
1939 1947
1946 1945
1947
1952
1954 1953
1955 1954 1953
1972 1960 1961
1965 1961
1965 1961 1960
1960 1968 1967
1969 1968 1967
EXISTING ZONING (SOUTH) Page 12 of 58
URBAN RESIDENTIAL NEIGHBORHOOD RESIDENTIAL GENERAL BUSINESS OPEN SPACE RECREATION
NEIGHBORHOOD EDGE NEIGHBORHOOD CORE MEDICAL CARE 1576 PARCEL TO BE REZONED
22 1541 1543
84 122 130
SOUTHERN AVENUE
1563 85 31
71 1562 1561 27
JEFFERSON STREET 1562 1561
JIROCH ST (VACATED)
1572 1568 1567 1569
SANFORD STREET
1573
PECK STREET
1579
1578 1575 1576
1583 1577
1586
1587 1586 1587
1593 1586
1593 1593
1596
1596
1605 1597
1604 1605
1604 1603 1604
32 28 32
1550
1627 1624 77 1621 43 35 1625
FOREST AVENUE (VACATED)
1624
35
1631
1632 1633 1632 1633
1641 1642
1641 1640 1643 1640
1641
1648
1652 1651
1649
1652 1653
1665 1658
1659
1668 1660 1661
82 74 1669
66 1670 1669
34
63 1675
1693 73 1690
CLINTON ST (VACATED)
1694
1691
1699 1698
1701
1710 1709 1706 1705
1715
1713
1715
1720
1721 1722
1727 1725
1728
90 1734 1735
64
38 30
LARCH AVENUE LARCH AVENUE (VACATED)
CLINTON STREET
R 1752 77 65
31 39
1752
1765
LARCH CT. (VAC.)
JIROCH ST. (VAC.)
1759 1762
1763 1761
1772 1771
1771 1768
1777 1778 0
1782 1781 1774
1779
1783
1790
180
1811
1810
65
LAKETON AVENUE
43
1817 1816 137
1801 109
1822
1823
1815
1828 1825
1822 1821
1836
1830 1829
1842 1841
1839 1838
1848 1846 1837
1847 1800
1854 1853 1845
1846
OSR
1853
1860 1859
1872 1871 1872 1871
1868
JEFFERSON STREET
1869
1880
1877 1880
SANFORD STREET
1877 1876 1877
1888
1885
PECK STREET
1884
1881
1896
1895
1890 1889
1902 1916
1901
1910 1921
1910 1907
1918 1907 1908 121 1907
1904
1916 1915
1915 1915
1916
CLINTON STREET
1922 1922 1921
JIROCH STREET
1923 1924 1925
1932
1928 1930
LEAHY STREET
1931
1931 1932 1932 1933
1944 1934 1929
1938 1937
1931 1936 1938 1937
1956 1938 1946
1939 1947
1946 1945
1947
1952
1954 1953
1955 1954 1953
1972 1960 1961
1965 1961
1965 1961 1960
1960 1968 1967
1969 1968 1967
PROPOSED ZONING (SOUTH) Page 13 of 58
SECTION 2005 CONTEXT AREAS AND USE
2005.09 NEIGHBORHOOD EDGE (NE) CONTEXT AREA
1.0 CONTEXT AREA INTENT AND DESCRIPTION
INTENT
To provide an urban form that can accommodate a
very diverse range of Building Types and uses, in order
to reinforce the pattern of existing diverse walkable
neighborhoods and to encourage revitalization and
investment.
DESCRIPTION
This Context Area is characterized by a wide range of
residential building types that have a variety of setback
conditions within a compact walkable block structure.
Retail and office enterprises may occur in various locations
within the block structure. This Context Area provides a
variety of medium and small residential building types that
transition between the existing neighborhoods.
The following are generally appropriate form elements in
this Context Area:
A. Primarily attached buildings
B. Medium to large building footprint
C. Varied front setbacks
D. Small side setbacks
E. Varied frontages
2.0 CONTEXT AREA LOCATION
CITY OF MUSKEGON DOWNTOWN FORM BASED CODE 5.31
Page 14 of 58
CONTEXT AREAS AND USE SECTION 2005
2005.09 NEIGHBORHOOD EDGE (NE) CONTEXT AREA
3.0 PERMITTED BUILDING TYPES, BUILDING TYPE HEIGHTS, AND BUILDING TYPE LOT SIZES
BUILDING TYPE NEIGHBORHOOD EDGE (NE) CONTEXT AREA
PERMITTED IN
WITH FRONTAGE OPTION CONTEXT AREA
BUILDING HEIGHT BUILDING LOT SIZE
with STOREFRONT By Right 3 story max. / 2 story min. Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
MIXED-USE
with BALCONY By Right 3 story max. / 2 story min. Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
BUILDING
TYPE
with TERRACE Conditional * 3 story max. / 2 story min. Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
with FORECOURT By Right 3 story max. / 2 story min. Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
with DRIVE-THROUGH By Right 3 story max. / 2 story min. Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
with STOREFRONT By Right 1 story building limit Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
BUILDING
RETAIL
TYPE
with TERRACE Conditional* 1 story building limit Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
with DRIVE-THROUGH By Right 1 story building limit Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
with STOREFRONT By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 250’ max. Lot Depth: 100’ min.
BUILDING TYPE
with TERRACE Conditional* 3 story max. / 2 story min. Lot Width: 50’ min. / 250’ max. Lot Depth: 100’ min.
FLEX
with FORECOURT By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 250’ max. Lot Depth: 100’ min.
with DOORYARD By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 250’ max. Lot Depth: 100’ min.
with STOREFRONT By Right 2 story max. / 1 story min. Lot Width: 25’ min. / 80’ max. Lot Depth: 80’ min.
COTTAGE
BUILDING
RETAIL
with DOORYARD By Right 2 story max. / 1 story min. Lot Width: 25’ min. / 80’ max. Lot Depth: 80’ min.
with STOOP By Right 2 story max. / 1 story min. Lot Width: 25’ min. / 80’ max. Lot Depth: 80’ min.
with STOREFRONT By Right 2 story building required Lot Width: 18’ min. / 35’ max. Lot Depth: 80’ min.
LIVE / WORK
BUILDING
with DOORYARD By Right 2 story building required Lot Width: 18’ min. / 35’ max. Lot Depth: 80’ min.
TYPE
with LIGHTWELL By Right 2 story building required Lot Width: 18’ min. / 35’ max. Lot Depth: 80’ min.
with STOOP By Right 2 story building required Lot Width: 18’ min. / 35’ max. Lot Depth: 80’ min.
with FORECOURT
BUILDING TYPE BUILDING TYPE
MULTI-PLEX
LARGE
with DOORYARD
with STOOP
with PROJECTING PORCH
MULTI-PLEX
with STOOP By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
SMALL
with PROJECTING PORCH By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
with ENGAGED PORCH By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
ROWHOUSE
with LIGHTWELL
BUILDING
TYPE
with STOOP By Right 2 story building required Lot Width: 18’ min. / 30’ max. Lot Depth: 100’ min.
with PROJECTING PORCH By Right 2 story building required Lot Width: 18’ min. / 30’ max. Lot Depth: 100’ min.
with STOOP By Right 2 story building required Lot Width: 40’ min. / 60’ max. Lot Depth: 100’ min.
BUILDING
DUPLEX
TYPE
with PROJECTING PORCH By Right 2 story building required Lot Width: 40’ min. / 60’ max. Lot Depth: 100’ min.
with ENGAGED PORCH By Right 2 story building required Lot Width: 40’ min. / 60’ max. Lot Depth: 100’ min.
BUILDING TYPE
DETACHED
with STOOP By Right 2 story max. / 1 story min. Lot Width: 30’ min. / 60’ max. Lot Depth: 100’ min.
HOUSE
with PROJECTING PORCH By Right 2 story max. / 1 story min. Lot Width: 30’ min. / 60’ max. Lot Depth: 100’ min.
with ENGAGED PORCH By Right 2 story max. / 1 story min. Lot Width: 30’ min. / 60’ max. Lot Depth: 100’ min.
Not Applicable - Carriage House Building Type must be used as an
CARRIAGE HOUSE BUILDING TYPE By Right 2 story building required accessory building to another building type (refer to Section 2006)
CIVIC BUILDING TYPE By Right 3 story max. / 2 story min. Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
Shaded areas represent Building Types and / or frontages that are not permitted in specified Context Area.
* Refer to the Building Type with specific frontage option in Section 2006 for buildings and frontages labeled as Conditional.
5.32 DOWNTOWN FORM BASED CODE CITY OF MUSKEGON
Page 15 of 58
SECTION 2005 CONTEXT AREAS AND USE
2005.09 NEIGHBORHOOD EDGE (NE) CONTEXT AREA
4.0 BUILDING SITE PLACEMENT
Refer to Illustration 5.10 for building site placement. ILLUSTRATION 5.10 BUILDING SITE PLACEMENT
A. Front Build-to-Zone (at front street):
■■ Required build-to-zone from 5 to 25 feet
C B
from front property line.
REAR PROPERTY
■■ Mixed-Use and Retail Building Types in this LINE
Context Area shall have facade placed D
at front property line (required build-to-
line at front property line).
B. Side Build-to-Zone (at side street):
■■ Required build-to-zone from 10 to 25 feet
from side property line.
SIDE PROPERTY LINE
■■ Mixed-Use and Retail Building Types in this BUILDING E
Context Area shall have facade placed FOOTPRINT
at side property line (required build-to-line
SIDE STREET
SIDE PROPERTY LINE
at side property line).
C. Side Setback (at non-street locations):
■■ 3 feet from side property line.
FRONT PROPERTY
LINE
D. Rear Setback:
■■ 10 feet from rear property line.
FRONT STREET
E. Encroachments: Balconies, awnings, canopies,
eaves, cornices, and bay windows, may project A
into required setbacks, beyond required build-
to-zones, or into the public right-of-way as
indicated in Section 2003.02.
5.0 PARKING PLACEMENT
Refer to Illustration 5.11 for on-site parking placement. ILLUSTRATION 5.11 PARKING PLACEMENT
A. Front Setback:
■■ 40 feet minimum from front property line.
C D
B. Side Setback (from side street): REAR PROPERTY
■■ 5 feet minimum from side property line. LINE
C. Side Setback (from non-street locations): E
■■ 5 feet from side property line.
F
D. Rear Setback: ON-SITE PARKING
■■ 5 feet from rear property line at non-street PERMITTED IN
HATCHED AREA
locations.
B
■■ 5 feet from rear property line at street
locations.
SIDE PROPERTY LINE
E H
E. Parking located at side or rear street locations
shall be screened from the street as required by
Section 2008.14.
SIDE PROPERTY
SIDE STREET
A
LINE
F. Parking / service areas shall not be accessed
from front streets, unless an alley or side street FRONT PROPERTY
is not available for driveway placement. LINE
Maximum width of driveway is 20 feet.
FRONT STREET
G. Driveway access location: F
■■ Corner lot: 40 feet minimum from street
corner.
■■ Interior lot: within 5 feet of side property
line, when alley is not available.
CITY OF MUSKEGON DOWNTOWN FORM BASED CODE 5.33
Page 16 of 58
CONTEXT AREAS AND USE SECTION 2005
2005.09 NEIGHBORHOOD EDGE (NE) CONTEXT AREA
6.0 PERMITTED USES
NEIGHBORHOOD EDGE (NE) CONTEXT AREA PERMITTED USES
DETACHED HOUSE
CARRIAGE HOUSE
LARGE MULTI-PLEX
SMALL MULTI-PLEX
COTTAGE RETAIL
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
LIVE / WORK
ROWHOUSE
MIXED USE
Specific Use
DUPLEX
RETAIL
CIVIC
FLEX
Accessory buildings and uses P P P P P P P P P P
Amusement and recreation facility P P P
Auto service station S S S S
Bank P P P
Business school/private or public school/higher ed. P
Church P
Club, lodge, hall P
Gallery/museum P P P
Hotel/motel P
Indoor theater/live music concert hall P P
Light manufacturing S P P
Machine shop S P P
Micro brewery, distillery, winery under 2500 barrels P P P P
Micro brewery, distillery, winery over 2500 barrels P P P
Multi-family P* P* P
Office P P P P P
Outdoor recreation P
Outdoor theater
Parking structure S
Personal service P P P P P
Railway terminal P
Research and development P P
Restaurant, cocktail lounge, brewpub P P P P
Retail P P P P P
Shipping, port related activity P
P = Permitted Use
P* = Permitted Use on floors two and above
P# = Permitted Use on first floor only
S = Special Land Use (refer to Section 2002.02)
Active uses per the Context Area Map (2005.02) include retail, restaurant/cocktail lounge/brewpub, personal service, and micro brewery/distillery/winery.
Blank cell = Use not permitted in this Context Area
Shaded areas represent Building Types that are not permitted in this Context Area.
5.34 DOWNTOWN FORM BASED CODE CITY OF MUSKEGON
Page 17 of 58
SECTION 2005 CONTEXT AREAS AND USE
2005.09 NEIGHBORHOOD EDGE (NE) CONTEXT AREA
6.0 PERMITTED USES (continued)
NEIGHBORHOOD EDGE (NE) CONTEXT AREA PERMITTED USES
DETACHED HOUSE
CARRIAGE HOUSE
LARGE MULTI-PLEX
SMALL MULTI-PLEX
COTTAGE RETAIL
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
LIVE / WORK
ROWHOUSE
MIXED USE
Specific Use
DUPLEX
RETAIL
CIVIC
FLEX
Shared/Co-op housing P* P* P
Single-family residential P* P P P P*
Taxi/limo service P P P P
Two-family residential P
Uses similar to permitted uses P P P P P P P P P P P
Uses similar to special uses P P P P P P P P P P P
Veterinary and kennel P
Warehousing P P
Wind turbine P
P = Permitted Use
P* = Permitted Use on floors two and above
P# = Permitted Use on first floor only
S = Special Land Use (refer to Section 2002.02)
Active uses per the Context Area Map (2005.02) include retail, restaurant/cocktail lounge/brewpub, personal service, and micro brewery/distillery/winery.
Blank cell = Use not permitted in this Context Area
Shaded areas represent Building Types that are not permitted in this Context Area.
CITY OF MUSKEGON DOWNTOWN FORM BASED CODE 5.35
Page 18 of 58
SECTION 2005 CONTEXT AREAS AND USE
2005.08 NEIGHBORHOOD CORE (NC) CONTEXT AREA
1.0 CONTEXT AREA INTENT AND DESCRIPTION
INTENT
To provide a variety of urban housing, retail, and
commercial choices, in medium footprint, medium-
density Building Types, which reinforce the neighborhood’s
walkable nature and support neighborhood retail and
service at key intersections.
DESCRIPTION
This Context Area is characterized by a wide variety of
building types that can accommodate retail, service,
office, and residential uses. Buildings are typically close to
the street and form nodes of activity at key intersections.
This Context Area forms a transitional area between the
more intense Context Areas of the Form Based Code
area and the existing residential neighborhoods that are
adjacent to downtown Muskegon.
The following are generally appropriate form elements in
this Context Area:
A. Attached and detached buildings
B. Medium building footprints
C. Varied front setbacks
D. Medium to small side setbacks
E. Varied frontages
2.0 CONTEXT AREA LOCATION
CITY OF MUSKEGON DOWNTOWN FORM BASED CODE 5.25
Page 19 of 58
CONTEXT AREAS AND USE SECTION 2005
2005.08 NEIGHBORHOOD CORE (NC) CONTEXT AREA
3.0 PERMITTED BUILDING TYPES, BUILDING TYPE HEIGHTS, AND BUILDING TYPE LOT SIZES
BUILDING TYPE NEIGHBORHOOD CORE (NC) CONTEXT AREA
PERMITTED IN
WITH FRONTAGE OPTION CONTEXT AREA
BUILDING HEIGHT BUILDING LOT SIZE
with STOREFRONT By Right 5 story max. / 2 story min. Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
MIXED-USE
with BALCONY By Right 5 story max. / 2 story min. Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
BUILDING
TYPE
with TERRACE Conditional * 5 story max. / 2 story min. Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
with FORECOURT By Right 5 story max. / 2 story min. Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
with DRIVE-THROUGH By Right 5 story max. / 2 story min. Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
with STOREFRONT By Right 1 story building limit Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
BUILDING
RETAIL
TYPE
with TERRACE Conditional* 1 story building limit Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
with DRIVE-THROUGH By Right 1 story building limit Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
with STOREFRONT By Right 5 story max. / 2 story min. Lot Width: 50’ min. / 250’ max. Lot Depth: 100’ min.
BUILDING TYPE
with TERRACE Conditional* 5 story max. / 2 story min. Lot Width: 50’ min. / 250’ max. Lot Depth: 100’ min.
FLEX
with FORECOURT By Right 5 story max. / 2 story min. Lot Width: 50’ min. / 250’ max. Lot Depth: 100’ min.
with DOORYARD By Right 5 story max. / 2 story min. Lot Width: 50’ min. / 250’ max. Lot Depth: 100’ min.
with STOREFRONT By Right 2 story max. / 1 story min. Lot Width: 25’ min. / 80’ max. Lot Depth: 80’ min.
COTTAGE
BUILDING
RETAIL
with DOORYARD By Right 2 story max. / 1 story min. Lot Width: 25’ min. / 80’ max. Lot Depth: 80’ min.
with STOOP By Right 2 story max. / 1 story min. Lot Width: 25’ min. / 80’ max. Lot Depth: 80’ min.
with STOREFRONT By Right 2 story building required Lot Width: 18’ min. / 35’ max. Lot Depth: 80’ min.
LIVE / WORK
BUILDING
with DOORYARD By Right 2 story building required Lot Width: 18’ min. / 35’ max. Lot Depth: 80’ min.
TYPE
with LIGHTWELL By Right 2 story building required Lot Width: 18’ min. / 35’ max. Lot Depth: 80’ min.
with STOOP By Right 2 story building required Lot Width: 18’ min. / 35’ max. Lot Depth: 80’ min.
with FORECOURT By Right 5 story max. / 2 story min. Lot Width: 75’ min. / 150’ max. Lot Depth: 100’ min.
BUILDING TYPE BUILDING TYPE
MULTI-PLEX
LARGE
with DOORYARD By Right 5 story max. / 2 story min. Lot Width: 75’ min. / 150’ max. Lot Depth: 100’ min.
with STOOP By Right 5 story max. / 2 story min. Lot Width: 75’ min. / 150’ max. Lot Depth: 100’ min.
with PROJECTING PORCH By Right 5 story max. / 2 story min. Lot Width: 75’ min. / 150’ max. Lot Depth: 100’ min.
MULTI-PLEX
with STOOP By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
SMALL
with PROJECTING PORCH By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
with ENGAGED PORCH By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
ROWHOUSE
with LIGHTWELL By Right 2 story building required Lot Width: 18’ min. / 30’ max. Lot Depth: 100’ min.
BUILDING
TYPE
with STOOP By Right 2 story building required Lot Width: 18’ min. / 30’ max. Lot Depth: 100’ min.
with PROJECTING PORCH By Right 2 story building required Lot Width: 18’ min. / 30’ max. Lot Depth: 100’ min.
with STOOP
BUILDING
DUPLEX
TYPE
with PROJECTING PORCH
with ENGAGED PORCH
BUILDING TYPE
DETACHED
with STOOP
HOUSE
with PROJECTING PORCH
with ENGAGED PORCH
CARRIAGE HOUSE BUILDING TYPE
CIVIC BUILDING TYPE By Right 3 story max. / 2 story min. Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
Shaded areas represent Building Types and / or frontages that are not permitted in specified Context Area.
* Refer to the Building Type with specific frontage option in Section 2006 for buildings and frontages labeled as Conditional.
5.26 DOWNTOWN FORM BASED CODE CITY OF MUSKEGON
Page 20 of 58
SECTION 2005 CONTEXT AREAS AND USE
2005.08 NEIGHBORHOOD CORE (NC) CONTEXT AREA
4.0 BUILDING SITE PLACEMENT
Refer to Illustration 5.08 for building site placement. ILLUSTRATION 5.08 BUILDING SITE PLACEMENT
A. Front Build-to-Zone (at front street):
■■ Required build-to-zone from 0 to 20 feet
C B
from front property line.
REAR PROPERTY
■■ Mixed-Use and Retail Building Types in this LINE
Context Area shall have facade placed D
at front property line (required build-to-
line at front property line).
B. Side Build-to-Zone (at side street):
■■ Required build-to-zone from 0 to 20 feet
from side property line.
SIDE PROPERTY LINE
■■ Mixed-Use and Retail Building Types in this BUILDING E
Context Area shall have facade placed FOOTPRINT
at side property line (required build-to-line
SIDE STREET
SIDE PROPERTY LINE
at side property line).
C. Side Setback (at non-street locations):
■■ 3 feet from side property line.
FRONT PROPERTY
LINE
D. Rear Setback:
■■ 10 feet from rear property line.
FRONT STREET
E. Encroachments: Balconies, awnings, canopies,
eaves, cornices, and bay windows, may project A
into required setbacks, beyond required build-
to-zones, or into the public right-of-way as
indicated in Section 2003.02.
5.0 PARKING PLACEMENT
Refer to Illustration 5.09 for on-site parking placement. ILLUSTRATION 5.09 PARKING PLACEMENT
A. Front Setback:
■■ 40 feet minimum from front property line.
C D
B. Side Setback (from side street): REAR PROPERTY
■■ 5 feet minimum from side property line. LINE
C. Side Setback (from non-street locations): E
■■ 5 feet from side property line.
F
D. Rear Setback: ON-SITE PARKING
■■ 5 feet from rear property line at non-street PERMITTED IN
HATCHED AREA
locations.
B
■■ 5 feet from rear property line at street
locations.
SIDE PROPERTY LINE
E G
E. Parking located at side or rear street locations
shall be screened from the street as required by
Section 2008.14.
SIDE PROPERTY
SIDE STREET
LINE
F. Parking / service areas shall not be accessed A
from front streets, unless an alley or side street FRONT PROPERTY
is not available for driveway placement. LINE
Maximum width of driveway is 20 feet.
FRONT STREET
G. Driveway access location: F
■■ Corner lot: 40 feet minimum from street
corner.
■■ Interior lot: within 5 feet of side property
line, when alley is not available.
CITY OF MUSKEGON DOWNTOWN FORM BASED CODE 5.27
Page 21 of 58
CONTEXT AREAS AND USE SECTION 2005
2005.08 NEIGHBORHOOD CORE (NC) CONTEXT AREA
6.0 PERMITTED USES
NEIGHBORHOOD CORE (NC) CONTEXT AREA PERMITTED USES
DETACHED HOUSE
CARRIAGE HOUSE
LARGE MULTI-PLEX
SMALL MULTI-PLEX
COTTAGE RETAIL
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
LIVE / WORK
ROWHOUSE
MIXED USE
Specific Use
DUPLEX
RETAIL
CIVIC
FLEX
Accessory buildings and uses P P P P P P P P
Amusement and recreation facility P P P
Auto service station S S S S
Bank P P P
Business school/private or public school/higher ed. P
Church P
Club, lodge, hall P
Gallery/museum P P P
Hotel/motel P
Indoor theater/live music concert hall P P
Light manufacturing S P P
Machine shop S P P
Micro brewery, distillery, winery under 2500 barrels P P P P
Micro brewery, distillery, winery over 2500 barrels P P P
Multi-family P* P* P P
Office P P P P P
Outdoor recreation P
Outdoor theater
Parking structure S
Personal service P P P P P
Railway terminal P
Research and development P P
Restaurant, cocktail lounge, brewpub P P P P
Retail P P P P P
Shipping, port related activity P
P = Permitted Use
P* = Permitted Use on floors two and above
P# = Permitted Use on first floor only
S = Special Land Use (refer to Section 2002.02)
Active uses per the Context Area Map (2005.02) include retail, restaurant/cocktail lounge/brewpub, personal service, and micro brewery/distillery/winery.
Blank cell = Use not permitted in this Context Area
Shaded areas represent Building Types that are not permitted in this Context Area.
5.28 DOWNTOWN FORM BASED CODE CITY OF MUSKEGON
Page 22 of 58
SECTION 2005 CONTEXT AREAS AND USE
2005.08 NEIGHBORHOOD CORE (NC) CONTEXT AREA
6.0 PERMITTED USES (continued)
NEIGHBORHOOD CORE (NC) CONTEXT AREA PERMITTED USES
DETACHED HOUSE
CARRIAGE HOUSE
LARGE MULTI-PLEX
SMALL MULTI-PLEX
COTTAGE RETAIL
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
LIVE / WORK
ROWHOUSE
MIXED USE
Specific Use
DUPLEX
RETAIL
CIVIC
FLEX
Shared/Co-op housing P* P* P P
Single-family residential P* P P
Taxi/limo service P P P P
Two-family residential
Uses similar to permitted uses P P P P P P P P
Uses similar to special uses P P P P P P P P
Veterinary and kennel P
Warehousing P P
Wind turbine P
P = Permitted Use
P* = Permitted Use on floors two and above
P# = Permitted Use on first floor only
S = Special Land Use (refer to Section 2002.02)
Active uses per the Context Area Map (2005.02) include retail, restaurant/cocktail lounge/brewpub, personal service, and micro brewery/distillery/winery.
Blank cell = Use not permitted in this Context Area
Shaded areas represent Building Types that are not permitted in this Context Area.
CITY OF MUSKEGON DOWNTOWN FORM BASED CODE 5.29
Page 23 of 58
ARTICLE VII – RM-1 LOW-DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
ARTICLE VII – RM-1 LOW-DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
The RM-1 Low-Density Multiple-Family Residential Districts are designed to provide sites for multiple family
dwelling structures, and related uses, which will generally serve as zones of transition between the
nonresidential districts and the lower density One-Family and Two-Family Residential Districts, and MHP Mobile
Home Park Districts.
SECTION 700: PRINCIPAL USES PERMITTED
In an RM-1 Low-Density Multiple-Family Residential District no building or land shall be used and no building
shall be erected, structurally altered, or occupied except for one (1) or more of the following specified uses,
unless otherwise provided for in this Ordinance:
1. All Principal Uses Permitted in the R One-Family and RT Two-Family Residential Districts with the lot
area, yard, and floor area requirements for one (1) and two (2) family dwellings equal to at least the
requirements of the immediately abutting residential district.
2. Multiple dwellings and row houses for any number of families.
3. Accredited fraternity and sorority houses when located not less than twenty (20) feet from any other lot
in any residential district.
4. Bed & Breakfast facilities, under the following conditions:
a. The owner or operator of the tourist home shall live full-time on the premises.
b. No structural additions or enlargements shall be made to accommodate the tourist home use
and no exterior alterations to the structure shall be made which will change the residential
appearance of the structure.
c. Breakfast may be served on the premises, only for guests of the facility, and no other meals shall
be provided to guests.
d. No long-term rental of rooms for more than fourteen (14) consecutive days shall be permitted.
No guest may stay for more than twenty-eight (28) nights in any given year.
e. There shall be a maximum of five (5) guestrooms. No more than two (2) adults are permitted to
stay in any guestroom.
f. Signage shall conform to that which is permitted for home occupation businesses only. Rental of
the tourist home for special gatherings such as wedding receptions and parties shall be
prohibited.
g. The property shall meet all local and state code requirements regarding bed and breakfast
facilities.
5. Rooming houses with a capacity of not more than three (3) roomers.
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ARTICLE VII – RM-1 LOW-DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
6. Churches and other facilities normally incidental hereto subject to the following conditions:
a. The site shall be so located as to provide for ingress and egress from said site directly onto a
major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties zoned for residential
use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may be allowed provided
front, side, and rear yards are increased above the minimum requirements by one (1) foot for
each foot of building that exceeds the maximum height allowed.
7. Home occupations of a non-industrial nature may be permitted. Permissible home occupations include,
but are not limited to the following:
a. Art and craft studios, lessons may be given to one client at a time
b. Hair and nail salons, limited to one client at a time
c. Dressmaking and tailoring
d. Tutoring, limited to one student at a time
e. Typing or clerical services
f. Teaching of music or dancing or similar instruction, limited to one client at a time
g. Offices located within the dwelling for a writer, consultant, member of the clergy, lawyer,
physician, architect, engineer or accountant, limited to one client/family at a time.
h. All home occupations are subject to the following:
i. The businessperson operating the home occupation shall reside in the dwelling and only
members of the immediate family residing on the premises may be employed.
ii. The business shall have a local business license and any other appropriate licensing or
registrations required by local, state or federal law.
iii. No equipment or process shall be used in home occupations which creates noise,
vibration, glare, fumes, odor, or electrical interference detectable to the normal senses
of persons off the lot. In the case of electrical interference, no equipment or process shall
be used which creates visual or audible interference with any radio or television receivers
off the premises or causes fluctuations in the line voltage off the premises.
iv. Explosives, flammable liquids or combustible liquids shall only be used in compliance with
the applicable fire and building codes.
v. Activities involving kilns or welding equipment shall comply with the applicable fire and
building codes.
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ARTICLE VII – RM-1 LOW-DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
vi. The outside appearance of the premises shall have no visible evidence of the conduct of
a home occupation.
vii. Home occupations may not serve as headquarters or dispatch centers where employees
come to the site and are dispatched to other locations.
viii. All activity must be conducted within a preexisting structure. The home occupation shall
not require internal or external alterations or involve construction features not
customarily found in dwellings.
ix. There shall be no exterior display or signage other than that signage allowed for home
occupations under the sign requirements of this ordinance.
x. No goods shall be kept, or sold which are made or assembled off-site, except as incidental
to services rendered.
xi. The primary function of the premises shall be that of the residence of the family, and the
occupation shall not exceed twenty-five (25) percent of the principal building.
xii. There shall be no outside storage or processing.
xiii. The home occupation shall not involve the routine use of commercial vehicles for delivery
of materials to and from the premises. There shall be no commercial vehicles associated
with the home occupation, nor parking of more than one (1) business car, pickup truck or
small van on the premises.
xiv. Activities specifically prohibited (but not limited to) include:
(1) A service or repair of motor vehicles, appliances and other large equipment
(2) A service or manufacturing process which would normally require industrial
zoning
(3) A commercial food service requiring a license
(4) A limousine service
(5) A lodging service including but not limited to, a tourist home, motel or hotel
(6) A tattoo parlor
(7) An animal hospital or kennel
(8) A lawn service
xv. No activity legally excluded by any deed restriction or other tenant or owner restrictions
shall be permitted.
8. Foster Care Small Group Homes.
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ARTICLE VII – RM-1 LOW-DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
9. Assisted Living Facility, under the following conditions:
a. There shall be no more than six (6) residents per building.
b. The facility shall be at least one thousand five hundred (1,500) feet from any other similar facility.
10. Accessory buildings and accessory uses customarily incidental to the above Principal Uses Permitted.
11. Uses similar to the above Principal Uses Permitted.
SECTION 701: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approval of the use (and a site plan, if required) by the Planning Commission,
after Public Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the
Planning Commission:
1. Offices and clinics of physicians, dentists, architects, engineers, attorneys, accountants, real estate
appraisers, or other professional persons; real estate, insurance, credit service (other than loan) offices
and similar businesses supplying services instead of products when determined by the Planning
Commission upon application to it, to be consistent with the nature and condition of neighboring uses
and structures.
2. Buildings to be used exclusively to house the offices of civic, religious or charitable organizations, the
activities of which are conducted by mail, and which are not displaying or handling merchandise or
rendering service on the premises.
3. Schools and colleges not involving the use of mechanical equipment except such as is customarily found
in dwellings or professional offices provided that any such building shall be located not less than thirty
(30) feet from any other lot in any residential district.
4. Adult Foster Care Large Group Homes, provided that such facility shall be at least one thousand five
hundred (1,500) feet from any other similar facility.
5. Previously existing or established commercial uses not already converted to a residential use may be
authorized under Special Use Permit for the following:
a. Retail and/or service establishments meeting the intent of the neighborhood Limited Business
Zone (B-1) dealing directly with consumers including:
i. Any generally recognized retail business which supplies new commodities on the
premises for persons residing in adjacent residential areas such as: groceries, meats, dairy
products, baked goods or other foods, drugs, drygoods, and notions or hardware.
ii. Any personal service establishment which performs services on the premises for persons
residing in adjacent residential areas, such as: shoe repair, drop-off dry cleaning shops,
tailor shops, beauty parlors, barber shops, dressmaker, tailor, pharmacist, or an
establishment doing radio, television, or home appliance repair, and similar
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ARTICLE VII – RM-1 LOW-DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
establishments that require a retail character no more objectionable than the
aforementioned, subject to the provision that no more than five (5) persons shall be
employed at any time in the sale, repair, or other processing of goods.
iii. Professional offices of doctors, lawyers, dentists, chiropractors, osteopaths, architects,
engineers, accountants, and similar or allied professions.
iv. Restaurants, or other places serving food, except drive-in or drive-through restaurants.
b. Prohibited uses: Activities specifically prohibited include repair or service of motor vehicles and
other large equipment; manufacturing processes which would normally require industrial zoning;
any activity which may become a nuisance due to noise, unsightliness or odor; and any activity
which may adversely affect surrounding property.
c. Conditions:
i. Outdoor storage is prohibited.
ii. The area devoted to approved uses shall not exceed 2,500 square feet.
iii. All goods produced on the premises shall be sold at retail on the premises where
produced.
iv. All business, servicing, or processing shall be conducted within a completely enclosed
building, or in an area specifically approved by the Planning Commission.
v. Parking shall be accommodated on site or with limited street parking.
vi. Hours of operation may be limited by the Planning Commission.
vii. Signs must comply with those set forth for the residential zoning district.
viii. The Planning Commission may allow a use to sell alcohol, however the Commission may
limit the type of license applied for or obtained for the sale of alcohol to an SDM, hours
of operation, and any other restrictions intended to stabilize, protect, and encourage the
residential character of the area. The use must gain approval from the Michigan Liquor
Control Commission before alcohol can be sold.
6. Accessory buildings and accessory uses customarily incidental to the above Special Land Uses Permitted.
7. Uses similar to the above Special Land Uses Permitted.
SECTION 702: PLANNED UNIT DEVELOPMENT
Planned developments may be allowed by the Planning Commission under the procedural guidelines of Section
2101. The intent of Planned Unit Development in the RM-1 Low-Density Multiple-Family Residential District is
to allow mixed land uses, which are compatible to each other, while prohibiting nonresidential uses which would
not be compatible or harmonious with residential dwellings.
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ARTICLE VII – RM-1 LOW-DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
SECTION 703: AREA AND BULK REQUIREMENTS
1. Minimum lot size: 10,890 sq. feet.
2. Density (see definition in Article II): 16 dwelling units per buildable acre.
3. Dedicated open space requirement: 15 %
4. Maximum lot coverage:
Buildings: 60%
Pavement: 20%
5. Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then measured from
setback).
6. Maximum building width: 50% (as a portion of the lot width).
7. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3) times longer
its width.
8. Height limit: 3 stories or 50 feet.
Height measurement: In the case of a principal building, the vertical distance measured from the average
finished grade to the highest point of the roof surface where the building line abuts the front yard, except
as follows: to the deck line of mansard roofs, and the average height between eaves and the ridge of
gable, hip, and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade shall be
determined by averaging the elevation of the ground for each face of the building (see Figure 2-3).
9. Front Setbacks:
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 25 feet
Minor Street: 20 feet
10. Rear setback: 30 feet
11. Setback from the ordinary high-water mark or wetland: 50 feet (principal structures only).
12. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
3-story: 12 feet and 16 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-way line to the
nearest point of the determined drip line of buildings.
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ARTICLE VII – RM-1 LOW-DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
13. Zero lot line option: New principal buildings may be erected on the rear lot line and/or one side lot line
provided:
a. The building has an approved fire rating for zero-lot line development under the building code.
b. The building has adequate fire access preserved pursuant to fire code requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and recorded with
the County Register of Deeds and provided to the zoning administrator with the site plan or plot
plan.
e. It is not adjacent to wetlands, or waterfront.
14. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-line is
employed for a structure or fire access. At least fifty percent of all required front setbacks shall be
landscaped and adjacent to the road right-of-way. An average minimum greenbelt of 10 feet shall be
maintained along each street frontage.
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ARTICLE X – B-1 LIMITED BUSINESS DISTRICTS
ARTICLE X – B-1 LIMITED BUSINESS DISTRICTS
PREAMBLE
The B-1 Limited Business Districts are designed primarily for the convenience of persons residing in adjacent
residential areas or neighborhoods, and to permit only such uses as are necessary to satisfy those limited basic,
daily shopping and/or service needs, which by their very nature are not similar to the shopping patterns of the
B-2 convenience and Comparison, B-3 Central Business District, and B-4 General Business Districts. B-1 Districts
are also intended to be utilized at planned locations in the City as zones of transition between major
thoroughfares and residential areas, and between intensive nonresidential areas and residential areas. In the B-
1 District all business establishments shall be retail and/or service establishments dealing directly with
consumers. All goods produced on the premises shall be sold at retail on the premises where produced. All
business, servicing or processing, except off-street parking or loading, shall be conducted within a completely
enclosed building, or in an area specifically approved by the City.
SECTION 1000: PRINCIPAL USES PERMITTED
In a B-1 Limited Business District no building or land shall be used and no building shall be erected, structurally
altered, or occupied except for one (1) or more of the following specified uses, unless otherwise provided for in
this Ordinance:
1. Any generally recognized retail business which supplies new commodities on the premises for persons
residing in adjacent residential areas such as: groceries, meats, dairy products, baked goods or other
foods, drugs, dry goods, and notions or hardware. No individual uses, either freestanding or in a group
of uses, shall exceed two thousand five hundred (2,500) square feet in area.
2. Any personal service establishment which performs services on the premises for persons residing in
adjacent residential areas, such as: Shoe repair, dry cleaning shops, tailor shops, beauty parlors, barber
shops, dressmaker, tailor, pharmacist, or an establishment doing radio, television, or home appliance
repair, and similar establishments that require a retail character no more objectionable than the
aforementioned, subject to the provision that no more than five (5) persons shall be employed at any
time in the sale, repair, or other processing of goods.
3. Professional offices of doctors, lawyers, dentists, chiropractors, osteopaths, architects, engineers,
accountants, and similar or allied professions. No individual use shall exceed two thousand five hundred
(2,500) square feet in area.
4. Office buildings for any of the following types of occupations: executive, administrative and professional.
No individual use shall exceed two thousand five hundred (2,500) square feet in area.
5. Residential uses as part of a building in this zone shall be allowed upon issuance of a Certificate of
Occupancy from the Department of Inspections, provided that the minimum lot area requirements of
the RM-1 District are met.
6. Accessory buildings and accessory uses customarily incidental to the above Principal Uses Permitted.
7. Uses similar to the above Principal Uses Permitted.
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ARTICLE X – B-1 LIMITED BUSINESS DISTRICTS
SECTION 1001: SPECIAL LAND USES PERMITTED
The following area, and their accessory buildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approval of the use (and a site plan, if required) by the Planning Commission,
after Public Hearing, subject to the applicable conditions and any other reasonable conditions imposed by the
Planning Commission. A site plan shall not be required when there are no external changes made to the buildings
or properties.
1. Restaurants or other places serving food, except drive-in or drive-through restaurants.
2. Churches and other facilities normally incidental thereto subject to the following conditions:
a. The site shall be so located as to provide for ingress and egress from said site directly onto a
major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties zoned for residential
use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may be allowed provided
front, side, and rear yards are increased above the minimum requirements by one (1) foot for
each foot of building that exceeds the maximum height allowed.
3. Accessory buildings and accessory uses customarily incidental to the above Special Land Uses Permitted.
4. Uses similar to the above Special Land Uses Permitted.
SECTION 1002: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural guidelines of Section
2101. The intent of Planned Unit Developments in the B-1 Limited Business Districts is to allow mixed land uses
which are compatible to each other, while prohibiting nonresidential uses which would not be compatible or
harmonious with residential dwellings.
SECTION 1003: AREA AND BULK REQUIREMENTS
1. Minimum lot size: 4,000 sq. feet.
2. Maximum lot coverage:
Buildings: 50%
Pavement: 25%
3. Lot width: 40 feet (shall be measured at road frontage unless a cul-de-sac, then measured from setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3) times longer
its width.
5. Height limit: 2 stories or 35 feet.
90
Page 32 of 58
ARTICLE X – B-1 LIMITED BUSINESS DISTRICTS
Height measurement: In the case of a principal building, the vertical distance measured from the average
finished grade to the highest point of the roof surface where the building line abuts the front yard, except
as follows: to the deck line of mansard roofs, and the average height between eaves and the ridge of
gable, hip, and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade shall be
determined by averaging the elevation of the ground for each face of the building (see Figure 2-3).
6. Front Setbacks:
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet
7. Rear setback: 10 feet
8. Setback from the ordinary high-water mark or wetland: 75 feet (principal structures only).
9. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-way line to the
nearest point of the determined drip line of buildings.
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or one side lot line
provided:
a. The building has an approved fire rating for zero-lot line development under the building code.
b. The building has adequate fire access preserved pursuant to fire code requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and recorded with
the County Register of Deeds and provided to the zoning administrator with the site plan or plot
plan.
e. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-line is
employed for a structure or fire access. At least fifty percent of all required front setbacks shall be
91
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ARTICLE X – B-1 LIMITED BUSINESS DISTRICTS
landscaped and adjacent to the road right-of-way. An average minimum greenbelt of 10 feet shall be
maintained along each street frontage.
92
Page 34 of 58
Agenda Item Review Form
Muskegon Planning Commission
Commission Meeting Date: August 14, 2025 Title: Case 2025-34: Staff-initiated request to
rezone 3172 Edgewater St, 3182 Edgewater St,
2976 Lakeshore Dr, 2984 Lakeshore Dr, 2986
Lakeshore Dr, 3002 Lakeshore Dr, 3084 Lakeshore
Dr, 3088 Lakeshore Dr, and 3092 Lakeshore Dr,
from Waterfront Marine (WM) to Form Based
Code, Lakeside Mixed Residential (FBC-LMR).
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff-initiated request to rezone 3172 Edgewater St, 3182 Edgewater St, 2976 Lakeshore Dr, 2984
Lakeshore Dr, 2986 Lakeshore Dr, 3002 Lakeshore Dr, 3084 Lakeshore Dr, 3088 Lakeshore Dr, and 3092
Lakeshore Dr, from WM, Waterfront Marine to Form Based Code, Lakeside Mixed Residential.
Detailed Summary & Background:
This request is intended to bring the houses in this area into conformity. The properties are zoned
Waterfront Marine (WM), but this zoning designation does not allow for housing. However, it does
allow for marinas. Staff were unsure of the future plans of these property owners, so a focus group
was held in June to determine the best path forward in terms of zoning. At the meeting, staff learned
that some property owners intend to use their land only for housing, while others would like to run a
marina along with housing on the same site. Staff determined that the best path forward would be to
rezone the properties to a zoning designation that allows for housing and marinas. The Form-Based
Code, Lakeside Mixed Residential district allows for housing (up to six units) and a recent zoning
amendment (second reading still needed on August 12) will now allow for marinas (only on properties
that have Muskegon Lake frontage).
There were two recent requests that helped staff realize there was an issue with the current zoning.
The property at 2984 Lakeshore Dr was recently forced to obtain a variance to rebuild their house,
since houses are not allowed in WM districts. Although the variance was granted, they were still
restricted in terms of where the house could be placed, since the side setback requirements are a
minimum of 10 feet for a two-story house. Also, the owner of 3092 Lakeshore Dr recently demolished
the house on the site with the intention of rebuilding another housing structure. Without a rezoning, it
is very likely that these issues will continue to surface.
The future land use map in the master plans identifies this area as "Lakeshore," which is defined as
mixed-use along the waterfront. This new zoning designation would allow for housing, marinas, and
other commercial uses.
Notice was sent to everyone within 300 feet of the affected properties. At the time of this writing, staff
had not received any comments from the public.
Page 35 of 58
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move the request to rezone the properties as listed be recommended to the City Commission for
approval.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 36 of 58
Page 37 of 58
ARTICLE XIX – WM WATERFRONT MARINE DISTRICTS
ARTICLE XIX – WM WATERFRONT MARINE DISTRICTS
PREAMBLE
The WM Waterfront Marine Districts are designed to accommodate boating and water-oriented land and
building use along with those activities and services related to harbor and waterway improvements, thereby
facilitating navigation, and providing safe and economical waterfront developments.
SECTION 1900: PRINCIPAL USES PERMITTED
In the WM Waterfront Marine District, no building or land shall be used and no building shall be erected,
structurally altered, be used and no building shall be erected, structurally altered, or occupied except for one
(1) or more of the following specified uses, unless otherwise provided in this Ordinance:
1. Marinas including the out of water seasonal storage of boats.
2. Commissary facilities for the provision of food, beverages, and the like to be stores aboard boats.
3. Municipal or private beaches.
4. Retail businesses which supply commodities for persons using the facilities of the District, such as the
sale of boats, engines and accessories, fishing equipment, and other similar items.
5. Restaurants and cocktail lounges.
6. Hotels and motels.
7. Accessory buildings and accessory uses customarily incidental to the above Principal Uses Permitted.
8. Uses similar to the above Principal Uses Permitted.
SECTION 1901: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approval of the use (and a site plan, if required) by the Planning Commission,
after Public Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the
Planning Commission:
1. Engine and hull repair shops.
2. Marine contracting.
3. Commercial fishing and processing facilities.
4. Accessory buildings and accessory uses customarily incidental to the above Special Land Uses Permitted.
5. Seasonal recreational camper, trailer parks and facilities.
6. Museums.
138
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ARTICLE XIX – WM WATERFRONT MARINE DISTRICTS
7. Uses similar to the above Special Land Uses Permitted.
SECTION 1902: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural guidelines of Section
2101. The intent of Planned Unit Developments in the WM Waterfront Marine Districts is to allow mixed land
uses, which are compatible to each other, while prohibiting uses which would not be compatible or harmonious
with permitted uses.
SECTION 1903: AREA AND BULK REQUIREMENTS
1. Minimum lot size: 21,780 sq. feet.
2. Density (see definition in Article II): 24 dwelling units per buildable acre.
3. Dedicated open space requirement: 15%
4. Maximum lot coverage:
Buildings: 60%
Pavement: 25%
5. Lot width: 150 feet (shall be measured at road frontage unless a cul-de-sac, then measured from
setback).
6. Maximum building width: 50% (as a portion of the lot width).
7. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3) times longer
its width.
8. Height limit: 4 stories or 60 feet
Height measurement: In the case of a principal building, the vertical distance measured from the average
finished grade to the highest point of the roof surface where the building line abuts the front yard, except
as follows: to the deck line of mansard roofs, and the average height between eaves and the ridge of
gable, hip, and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade shall be
determined by averaging the elevation of the ground for each face of the building (see Figure 2-3).
9. Front Setbacks:
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
10. Rear setback: 10 feet
11. Setback from the ordinary high-water mark or wetland: 75 feet (principal structures only).
139
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ARTICLE XIX – WM WATERFRONT MARINE DISTRICTS
12. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
3-story: 12 feet and 16 feet
4-story: 16 feet and 20 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-way line to the
nearest point of the determined drip line of buildings.
13. Zero lot line option: New principal buildings may be erected on the rear lot line and/or one side lot line
provided:
a. The building has an approved fire rating for zero-lot line development under the building code.
b. The building has adequate fire access preserved pursuant to fire code requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and recorded with
the County Register of Deeds and provided to the zoning administrator with the site plan or plot
plan.
e. It is not adjacent to wetlands, or waterfront.
14. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-line is
employed for a structure or fire access. At least fifty percent of all required front setbacks shall be
landscaped and adjacent to the road right-of-way. An average minimum greenbelt of 10 feet shall be
maintained along each street frontage.
140
Page 40 of 58
SECTION 2005 CONTEXT AREAS AND USE
2005.07 LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA
1.0 CONTEXT AREA INTENT AND DESCRIPTION
INTENT
To allow for the cohesive existence of residential and
business uses within the district. This Context Area allows
for residential and small scale commercial uses to be
placed alongside each other in a walkable, urban form.
DESCRIPTION
This Context Area is characterized by the mixture of
commercial and residential uses that helps to promote
walkability and commerce. Homes fronting Lakeshore
Drive are allowed a third story to take advantage of lake
views.
The following are generally appropriate form elements in
this Context Area:
A. Detached homes / live-work buildings
B. Small to medium building footprint
C. Storefront frontages
2.0 CONTEXT AREA LOCATION
MUSKEGON LAKETON
M
LAKE RO GR
OO
RE
E
BI EE
OR
NS LE
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BIE
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OR
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ESH
M
LA
LAK
ADDIS
NO
RO
ILS
RUDDIMAN
ON
BOU
ON
LAGOON
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ON
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LAK
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CITY OF MUSKEGON LAKESIDE FORM BASED CODE .20
Page 41 of 58
CONTEXT AREAS AND USE SECTION 2005
2005.07 LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA
3.0 PERMITTED BUILDING TYPES, BUILDING TYPE HEIGHTS, AND BUILDING TYPE LOT SIZES
BUILDING TYPE LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA
PERMITTED IN
WITH FRONTAGE OPTION CONTEXT AREA
BUILDING HEIGHT BUILDING LOT SIZE
with STOREFRONT
MIXED-USE
with BALCONY
BUILDING
TYPE
with TERRACE
with FORECOURT
with DRIVE-THROUGH
with STOREFRONT
BUILDING
RETAIL
TYPE
with TERRACE
with DRIVE-THROUGH
with STOREFRONT
BUILDING TYPE
with TERRACE
FLEX
with FORECOURT
with DOORYARD
with STOREFRONT By Right 3 story cond.* / 1 story min. Lot Width: 25’ min. / 80’ max. Lot Depth: 80’ min.
COTTAGE
BUILDING
RETAIL
with DOORYARD By Right 3 story cond.* / 1 story min. Lot Width: 25’ min. / 80’ max. Lot Depth: 80’ min.
with STOOP By Right 3 story cond.* / 1 story min. Lot Width: 25’ min. / 80’ max. Lot Depth: 80’ min.
with STOREFRONT
LIVE / WORK
BUILDING
with DOORYARD
TYPE
with LIGHTWELL
with STOOP
with FORECOURT
BUILDING TYPE BUILDING TYPE
MULTI-PLEX
LARGE
with DOORYARD
with STOOP
with PROJECTING PORCH
MULTI-PLEX
with STOOP By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
SMALL
with PROJECTING PORCH By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
with ENGAGED PORCH By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
ROWHOUSE
with LIGHTWELL
BUILDING
TYPE
with STOOP By Right 2 story building required Lot Width: 16’ min. / 30’ max. Lot Depth: 100’ min.
with PROJECTING PORCH By Right 2 story building required Lot Width: 16’ min. / 30’ max. Lot Depth: 100’ min.
with STOOP By Right 3 story cond.* / 2 story min. Lot Width: 35’ min. / 60’ max. Lot Depth: 100’ min.
BUILDING
DUPLEX
TYPE
with PROJECTING PORCH By Right 3 story cond.* / 2 story min. Lot Width: 35’ min. / 60’ max. Lot Depth: 100’ min.
with ENGAGED PORCH By Right 3 story cond.* / 2 story min. Lot Width: 35’ min. / 60’ max. Lot Depth: 100’ min.
BUILDING TYPE
DETACHED
with STOOP By Right 3 story cond.* / 1 story min. Lot Width: 25’ min. / 60’ max. Lot Depth: 100’ min.
HOUSE
with PROJECTING PORCH By Right 3 story cond.* / 1 story min. Lot Width: 25’ min. / 60’ max. Lot Depth: 100’ min.
with ENGAGED PORCH By Right 3 story cond.* / 1 story min. Lot Width: 25’ min. / 60’ max. Lot Depth: 100’ min.
Not Applicable - Carriage House Building Type must be used as an
CARRIAGE HOUSE BUILDING TYPE By Right 2 story max. / 1 story min. accessory building to another building type (refer to Section 2006)
CIVIC BUILDING TYPE By Right 2 story max. / 1 story min. Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
Shaded areas represent Building Types and / or frontages that are not permitted in specified Context Area.
* Building height labeled Conditional is permitted if fronting Lakeshore Drive.
.21 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
Page 42 of 58
SECTION 2005 CONTEXT AREAS AND USE
2005.07 LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA
4.0 BUILDING SITE PLACEMENT
Refer to Illustration 5.05 for building site placement. ILLUSTRATION 5.05 BUILDING SITE PLACEMENT
A. Front Build-to-Zone (at front street):
■ Required build-to-zone from 5 to 12 feet
from front property line. C B
REAR PROPERTY
B. Side Build-to-Zone (at side street): LINE
■ Required build-to-zone from 0 to 12 feet
from side property line.
D
C. Side Setback (at non-street locations):
■ 0 feet from side property line.
D. Rear Setback:
■ 0 feet from rear property line.
SIDE PROPERTY LINE
E. Encroachments: Balconies, awnings, canopies, BUILDING E
eaves, cornices, and bay windows, may project FOOTPRINT
SIDE STREET
into required setbacks, beyond required build-
SIDE PROPERTY LINE
to-zones, or into the public right-of-way as
indicated in Section 2003.02.
FRONT PROPERTY
LINE
FRONT STREET
A
5.0 PARKING PLACEMENT
Refer to Illustration 5.06 for on-site parking placement. ILLUSTRATION 5.06 PARKING PLACEMENT
A. Front Setback:
■ 40 feet minimum from front property line.
D
B. Side Setback (from side street):
■ 5 feet minimum from side property line. REAR PROPERTY LINE
C. Side Setback (from non-street locations): E
■ 0 feet from side property line. C
F
D. Rear Setback: ON-SITE PARKING
■ 0 feet from rear property line at non-street PERMITTED IN
HATCHED AREA
locations.
B
■ 5 feet from rear property line at street
locations.
SIDE PROPERTY LINE
E G
E. Parking located at side or rear street locations
shall be screened from the street as required by
Section 2008.14.
SIDE PROPERTY
SIDE STREET
LINE
F. Parking / service areas shall not be accessed A
from front streets, unless an alley or side street FRONT PROPERTY
is not available for driveway placement. LINE
Maximum width of driveway is 20 feet.
FRONT STREET
G. Driveway access location:
■ Corner lot: 40 feet minimum from street
corner.
■ Interior lot: within 5 feet of side property
line, when alley is not available.
CITY OF MUSKEGON LAKESIDE FORM BASED CODE .22
Page 43 of 58
CONTEXT AREAS AND USE SECTION 2005
2005.07 LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA
6.0 PERMITTED USES
LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA PERMITTED USES
DETACHED HOUSE
CARRIAGE HOUSE
LARGE MULTI-PLEX
SMALL MULTI-PLEX
COTTAGE RETAIL
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
LIVE / WORK
ROWHOUSE
MIXED USE
Specific Use
DUPLEX
RETAIL
CIVIC
FLEX
Accessory buildings and uses P P P P P P
Amusement and recreation facility
Auto service station S
Bank
Business school/private or public school/higher ed.
Church P
Club, lodge, hall S* S* S* S* S* S*
Gallery/museum P P P P P P P
Hotel/motel
Indoor theater/live music concert hall
Light manufacturing
Machine shop
Micro brewery, distillery, winery under 2500 barrels P
Micro brewery, distillery, winery over 2500 barrels
Multi-family P
Office P
Outdoor recreation
Outdoor theater
Parking structure
Personal service P
Railway terminal P
Research and development
Restaurant, cocktail lounge, brewpub P
Retail P
Shipping, port related activity
P = Permitted Use
P* = Permitted Use on floors two and above
P# = Permitted Use on first floor only
S = Special Land Use (refer to Section 2002.02)
S* = Special Land Use requires minimum 200 feet of frontage on one street
Active uses per the Context Area Map (2005.02) include retail, restaurant/cocktail lounge/brewpub, personal service, and micro brewery/distillery/winery.
Blank cell = Use not permitted in this Context Area
Shaded areas represent Building Types that are not permitted in this Context Area.
.23 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
Page 44 of 58
SECTION 2005 CONTEXT AREAS AND USE
2005.07 LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA
6.0 PERMITTED USES (continued)
LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA PERMITTED USES
DETACHED HOUSE
CARRIAGE HOUSE
LARGE MULTI-PLEX
SMALL MULTI-PLEX
COTTAGE RETAIL
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
BUILDING TYPE
LIVE / WORK
ROWHOUSE
MIXED USE
Specific Use
DUPLEX
RETAIL
CIVIC
FLEX
Shared/Co-op housing P
Single-family residential P* P P P*
Taxi/limo service P
Two-family residential P
Uses similar to permitted uses P P P P P P
Uses similar to special uses P P P P P P
Veterinary and kennel
Warehousing
Wind turbine
P = Permitted Use
P* = Permitted Use on floors two and above
P# = Permitted Use on first floor only
S = Special Land Use (refer to Section 2002.02)
S* = Special Land Use requires minimum 200 feet of frontage on one street
Active uses per the Context Area Map (2005.02) include retail, restaurant/cocktail lounge/brewpub, personal service, and micro brewery/distillery/winery.
Blank cell = Use not permitted in this Context Area
Shaded areas represent Building Types that are not permitted in this Context Area.
CITY OF MUSKEGON LAKESIDE FORM BASED CODE .24
Page 45 of 58
Agenda Item Review Form
Muskegon Planning Commission
Commission Meeting Date: August 14, 2025 Title: Case 2025-35: Request for a special use
permit to operate a drive-thru for a restaurant at
431 E. Laketon Ave, by Luis Santillanes.
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Request for a special use permit to operate a drive-thru for a restaurant at 431 E. Laketon Ave, by Luis
Santillanes.
Detailed Summary & Background:
The property is zoned B-2, Convenience & Comparison Business. Drive-thru restaurants are allowed
with the issuance of a special use permit. There are two requirements that must be met in order to
receive the special use permit:
1. A setback of at least 60 feet shall be provided from the street right-of-way line of any existing or
proposed major thoroughfare.
2. Ingress and egress points shall be located at least 60 feet from the intersection of any two streets.
This request meets both of these requirements. It is not located on a major thoroughfare, and both
points of ingress/egress are located over 100 feet away from the intersection.
Traffic for the drive-thru will enter the property off of Manz St, then turn right to enter the drive-thru,
then exit onto Laketon Ave. Using this approach to traffic flow will provide the safest route for
customers to enter and exit the premises by providing enough stacking spaces for cars waiting in line
for the drive-thru. The location of the drive-thru window will cause the driver to have to make the
transaction out of the passenger-side window. However, this is not unprecedented, as other drive-
thrus (Checkers on Laketon) also use this approach.
Notice was sent to all properties within 300 feet. At the time of this writing, staff had not received any
comments from the public.
Planning Exercise
Prior to authorization of any Special Land Use, the Planning Commission shall give due regard to the
nature of all adjacent uses and structures. It shall determine the consistency with the adjacent use
and development. In addition, the Planning Commission shall find that the proposed use or activity
would not be offensive or a nuisance, by reason of increased traffic, noise, vibration, or light. Further,
the Planning Commission shall find that adequate water and sewer infrastructure exists or will be
constructed to service the Special Land Use or activity.
Staff will answer the following questions and ask the Planning Commissioners if they disagree with
each statement at the meeting (Staff answers in italics).
Page 46 of 58
Would the proposed expansion be considered offensive, or a nuisance, because of any of the
following:
1. Increased traffic - No
2. Increased noise - No
3. Increased vibration - No
4. Increased light - No
Does adequate water and sewer infrastructure exist, or will it be constructed to service the Special
Land Use or activity? Yes, it currently exists.
Staff Recommendation
Staff recommends approval of the special use permit as long as the following items are addressed on
the site plan and approved by staff.
1. Traffic arrows are painted on the pavement that indicate the one-way flow of traffic.
2. The parking stripes are repainted to face the appropriate direction.
3. A barrier is installed near the north-west corner of the building to prevent parking traffic from
colliding with drive-thru traffic.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move to approve the request for a special use permit to operate a drive-thru for a restaurant at 431
E. Laketon Ave with the following conditions, based on the findings of fact in the planning exercise in
the staff report:
1. Traffic flow arrows are painted to indicate the flow of traffic.
2. The parking lot lines are repainted to face the appropriate direction of traffic flow.
3. A barrier is installed near the north-west corner of the building to prevent parking traffic from
colliding with drive-thru traffic.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Page 47 of 58
Legal Review
Page 48 of 58
Page 49 of 58
Page 50 of 58
Page 51 of 58
Agenda Item Review Form
Muskegon Planning Commission
Commission Meeting Date: August 14, 2025 Title: Strong Towns article - Parking minimums
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
We will hold a brief discussion on the article. Please read and be prepared to discuss at the meeting.
Detailed Summary & Background:
We will hold a brief discussion on the article. Please read and be prepared to discuss at the meeting.
https://www.strongtowns.org/journal/2025/7/14/this-summers-hottest-trend-ditching-parking-
mandates
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
N/A
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 52 of 58
Page 53 of 58
This Summer’s Hottest Trend?
Ditching Parking Mandates.
Asia Mieleszko · July 15, 2025
If you’re tired of watching
your city get priced out of
itself, this is your
playbook.
The Housing-Ready City
Toolkit shows how to legalize
modest homes, streamline
Bothell, Washington — considered a “hidden gem” and as of July, a leader in parking reform. permitting, and invite more
people to live in the
For years, if you wanted to open a modest café in Bothell, neighborhoods they love.
Washington, you needed more than vision. You needed Built for action, not shelf
asphalt. A lot of it. space.
But earlier this month, that changed. In a 5-1 vote, the city of
52,000 eliminated all off-street parking requirements and
opened the door for small-scale businesses—like cafés,
corner stores, and child care centers—to operate in residential
areas citywide.
In doing so, Bothell joined a growing list of cities rejecting
outdated development rules in favor of more flexible, people-
focused policies. For Mayor Mason Thompson, it was about
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aligning city code with community values—and removing
barriers that don’t make sense anymore.
“I am really excited tonight, because we get to take a big step RELATED STORIES
away from the way we’ve always done things, toward our
community’s values a little bit closer,” Bothell’s Mayor said
ahead of the vote. “And the mechanics of parking minimums
essentially tax new housing and new businesses that we say
we really want, and we use that tax toward building something
that creates more traffic and more pollution. And I’ve had
thousands of conversations with Bothell residents over the
How Ottawa Residents
last few years, and I’ve never had a single person say, do you Turned a Movie
know what? We need more traffic and more pollution. And I’m Marquee Into a
really excited to get rid of policy that subsidizes both.” Message for Better
Transit
Strong Towns · Jun 9, 2025
Under the new rules, corner stores,
“I’ve never cafés, bars, bike shops, salons, art
had a single galleries, child care centers, and
person say, do artisan-manufacturing with on-site
you know sales can open in any residential
what? We zone. The ordinance explains that
need more these uses are designed to “promote What’s With the Vacant
traffic and neighborhood vitality and Storefronts? 8 Reasons
more compatibility with surrounding for Empty Commercial
pollution. And residential areas,” serving primarily Spaces
Seth Zeren · May 22, 2025
I’m really local residents with “minimal traffic
excited to get from outside the neighborhood,”
rid of policy supporting walk, bike, and transit
that access, and helping build
subsidizes “pedestrian-friendly community
both.” hubs which eliminate reliance on
automobiles.”
Bottom-Up Shorts: How
To Build a City’s
Economic Core
Page 55 of 58
These zoning updates come amid a Strong Towns · Apr 8, 2025
— Bothell's Mayor broader trend. In Seattle, a
pandemic-era innovation—Yonder, a
Mason Thompson takeout-only cidery operating out of
a homeowner’s garage—was forced
to close after zoning enforcement
deemed it a violation of single-family residential rules and
parking regulations. That closure sparked backlash, and
Seattle eventually passed the "Bringing Business Home"
ordinance to protect such microbusinesses in residential
zones.
This surface lot in downtown Dallas takes up more space than many of the buildings around
it. Even a 25% reduction could make room for a park, a daycare, a small business—or all three.
That’s the power of rethinking how we use our land.
Another city stepping up is Boulder, Colorado. In late June,
the Boulder City Council unanimously voted to eliminate
all minimum parking requirements for new developments,
a change expected to take effect later this summer. While state
law recently lifted mandates near transit stations, Boulder is
going a step further by applying the change citywide.
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And more is on the way. Boulder’s council is preparing to vote
on a transportation demand management policy later this year
aimed at reducing car dependency by shifting how mobility is
funded. The proposed policy would require developers to
contribute to programs that expand transportation options—
offering things like free bus passes, Lime scooter access, and
other services that make walking, biking, and transit more
viable for everyday trips. Contributions would scale based on
project size and be subject to regular reporting and oversight.
City officials acknowledge that these programs may add costs
for developers. But they also point out the steep price tag of
the status quo: an underground parking stall can cost $50,000
or more. For many projects, simply removing the mandate to
build that parking in the first place can more than offset the
new fees. In other words, Boulder isn’t just changing zoning;
it’s rethinking what it means to invest in mobility.
Meanwhile, in Kansas City, Kansas, officials recently proposed
a moratorium on commercial parking mandates through
2028, after small-business groups testified that rigid parking
requirements blocked reinvestment in legacy neighborhoods.
Patrick Tuohey, Policy Director of the Better Cities Project,
explained: “This is not a mandate against parking, but an
invitation to build what’s needed without arbitrary
constraints.”
The phrase captures the broader shift in mindset. This isn’t
about banning cars. It’s about letting the actual needs of a site,
business, or community determine how much parking makes
sense.
The reform isn’t coming out of nowhere. Both Kansas City’s
2023 Comprehensive Plan and Economic Development
Strategy Plan identified parking mandates as a barrier to
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growth. And federal data backs up the concern: according to
the U.S. DOT’s 2025 “Parking Reforms” brief, the high cost of
structured parking makes many small-scale or infill projects
financially infeasible. Surveys collected by the Parking Reform
Network also suggest that after mandates are lifted, cities
generally see little change in code violations or complaints.
All in all, these cities aren’t throwing out parking altogether.
They’re just refusing to let it dictate the shape of every new
building, block, or neighborhood. As Bothell’s mayor put it, “I
want there to be more Bothell in Bothell.”
That’s the spirit behind The Housing-Ready City, our free
toolkit for local leaders, advocates, and planners. It lays out
six reforms—including eliminating parking mandates—that
can help your city respond to today’s housing needs without
sacrificing its financial future.
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