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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 , # ( +" ! # $ $ # , #$ $! # % " ! ( $ % $" $ " $ " $ $ + % 0 0 , / ,/ " " ) $ $ " ) $ $ % + * " * , , " $ % ! " $ + & " ' $ % + 1$1:B< % " G " ) G ( ! G ( G G G # % G + ! " # $ & " ' ) " % # # $ $- $ % $ $$ % - . $ % $ $ " % # + , , ( % + $ " # 12345678 : 19:;28 $;<569 8=>51! 9:,! ?? 5678< ;<;4@;> $ + =8714 ( " , A A ' , Page 5 of 58 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. 69 Page 24 of 58 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. 70 Page 25 of 58 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. 71 Page 26 of 58 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 72 Page 27 of 58 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. 73 Page 28 of 58 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. 74 Page 29 of 58 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. 75 Page 30 of 58 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. 89 Page 31 of 58 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 Page 33 of 58 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 Page 38 of 58 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 Page 39 of 58 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 SH ON Y KE LA VA NDE ER RL LM IN PA DE FRIS Y ER M BIE O TG ON E OR N ESH M LA LAK ADDIS NO RO ILS RUDDIMAN ON BOU ON LAGOON RDO N ON RRIS ESTES HA TOR BLO ORE REN ESH LAK DGE T MAN TT N MC MO GR AF ON ISON TP RE ARR MCC SHO FAIR AR E H K LAK RAC KEN BLODGETT DEN ER MIN MAR K N RTO MO 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 Page 54 of 58 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. Page 56 of 58 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 Page 57 of 58 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. Page 58 of 58
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