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CITY OF MUSKEGON
HISTORIC DISTRICT COMMISSION
MEETING
October 7, 2025 @ 4:00 PM
MUSKEGON CITY HALL, ROOM 204
933 TERRACE STREET, MUSKEGON, MI 49440
☐ CALL TO ORDER:
☐ ROLL CALL:
☐ APPROVAL OF MINUTES:
A. Approval of Minutes of the July 17, 2025 special meeting, August 5, 2025
regular meeting, and September 2, 2025 regular meeting. Planning
☐ OLD BUSINESS:
☐ NEW BUSINESS:
A. 2025-25: 448 W. Muskegon Planning
B. 2025-26: 1378 5th Planning
C. 2025-27: 390 W. Muskegon Planning
☐ ANY OTHER BUSINESS:
A. Temporary Accessible Ramps Planning
B. Historic District Boundary Adjustments Planning
☐ PUBLIC COMMENT:
☐ 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
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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
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Agenda Item Review Form
Muskegon Historic District Commission
Approval of Minutes of the July 17, 2025 special Description of Work:
meeting, August 5, 2025 regular meeting, and
September 2, 2025 regular meeting.
Applicant: District:
Current Use: Date of Construction:
Discussion:
Standards:
Deliberation:
I move that the HDC (approve/deny) the minutes of the July 17, 2025 special meeting, August 5, 2025 regular
meeting, and September 2, 2025 regular meeting.
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Agenda Item Review Form
Muskegon Historic District Commission
Case 2025-25: 448 W. Muskegon Description of Work: Windows and Doors
Applicant: Hugo Laranja District: Houston
Current Use: Vacant Date of Construction: 1/1/1877
Discussion:
The applicant is seeking approval to 1) remove two windows and two doors on the east elevation
and side over the existing openings to match the rest of the house, 2) remove two windows on the
north elevation and side over the existing openings to match the rest of the house, replace an
existing window with one 36"x80" door, construct exterior steps and a landing, and install one 30"x72"
window, 3) remove two doors on the front porch along W. Muskegon Avenue and side over the
existing openings to match the rest of the house, 4) replace the existing 32"x90" front door with a new
36"x96" fiberglass door with 3/4 glass exposure, and 5) replace the existing wood double-hung
windows in the house with new black fiberglass composite windows of the same size, but shortening
the 84"-tall windows to 77".
Standards:
See attached Window, Door, and Exterior Woodwork Standards and Guidelines.
Deliberation:
I move that the HDC (approve/deny) the request to remove two windows and two doors on the east
elevation and side over the existing openings to match the rest of the house; remove two windows
on the north elevation and side over the existing openings to match the rest of the house, replace an
existing window with one 36"x80" door, construct exterior steps and a landing, and install one 30"x72"
window; remove two doors on the front porch along W. Muskegon Avenue and side over the existing
openings to match the rest of the house; replace the existing 32"x90" front door with a new 36"x96"
fiberglass door with 3/4 glass exposure in the style depicted in the October 7, 2025 HDC staff report
and; replace the existing wood double-hung windows in the house with new black fiberglass
composite windows of the same size, but shortening the 84"-tall windows to 77" as long as the work
meets all zoning requirements and the necessary permits are obtained.
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View of west elevation from 6th Street with front door (boarded) and two windows to be replaced
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Two doors on front porch visible at right to be removed, and two boarded windows to be replaced
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South and east elevations viewed from W. Muskegon Avenue
Two windows on south elevation to be replaced
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Two windows and one of two doors on the east elevation to be removed
Second door on east elevation to be removed (boarded, and not visible from the street)
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North elevation showing two small windows on main body of house to be removed; new 30”x72”
window to be installed at far left
Leftmost window on north elevation to be replaced with a 36”x80” door, exterior steps, and landing
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Existing 32”x90” front door and proposed 36”x96” fiberglass replacement door
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Detail photo of existing window sash
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Photo of existing window viewed from the interior
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CITY OF MUSKEGON
HISTORIC DISTRICT COMMISSION
WINDOW, DOOR, AND EXTERIOR WOODWORK
STANDARDS AND GUIDELINES
(Adopted December 6, 1994 - Effective January 1, 1995)
General
These guidelines pertain only to proposed changes to the structure and do not affect existing
construction.
These guidelines are primarily directed toward the front and side elevations of the structure.
Greater variances and more leniency may be extended toward proposed changes to the rear
elevation of the building by the Commission. All desired or proposed changes should be referred
to the Historic District Commission for consideration. Extenuating circumstances, the effect upon
the architecture of the particular structure together with the general effect upon the surrounding
structures, variables in architectural design, or the effect upon usage and viability of the structure
could dictate a variance from these guidelines.
No exterior doors, windows, or exterior woodwork shall be altered, removed, relocated, or added
without Historic District Commission approval.
Existing exterior window or door casings, sills, and caps shall not be altered from the original
design or appearance. Damaged or deteriorated wood shall be repaired as a first course of action.
When repair is not possible, elements shall be replaced with matching wood members. Damaged
or deteriorated wood elements may be replaced or covered with formed aluminum or vinyl, subject
to Commission approval and provided that the original profile of the woodwork is not altered or
changed.
Primary Windows
Existing damaged or deteriorating window frames and sash shall be repaired as a first course of
action. When repair is not possible, elements shall be replaced with matching wood members.
Metal or vinyl replacement windows may be acceptable provided they match the original windows
in design and type and that they consist of or are painted an appropriate color. Bare metal finishes
generally will not be acceptable.
The size of glass lites and muntin arrangements shall not be altered without Commission approval.
Special glazing, such as stained or leaded art glass, shall not be removed without Commission
approval. Unusual decorative windows such as Palladian windows, oriels, bays, Gothic arch or
segment tops, etc. shall not be removed or altered.
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Storm Windows
Wood storm and screen windows are the most appropriate for use in the historic district. Other
types of storm, screen, or combination windows will be approved provided that the new storm
window mullions align with the mullions of the primary windows. Blind stop storm and screen
windows (where such windows are placed inside the existing window frames rather than affixed to
the exterior of the frames) are preferable and may be required in some instances. Bare metal storm
and screen windows must be painted to match or complement the trim. Interior storm windows
may be acceptable as long as they do not detract from the appearance of the primary windows.
Care should be taken, however, when using interior storm windows because condensation tends to
form on the inside surface of the primary window and could cause damage to the wood and paint
if not properly ventilated.
Primary Doors
Every effort should be made to preserve or repair the original doors where damage has occurred.
When repair is not possible, a new wood door may be used. Such new door shall match the original
in detail and finish.
The Commission may approve new wood doors that may slightly differ from the original in cases
where replicating the original may not be feasible, as long as such doors generally conform to the
ones illustrated on the attached sheet. Under certain circumstances, the Commission may approve
doors made of material other than wood provided they conform to the same design requirements.
Storm Doors
Wooden storm and screen doors are preferred and will generally be the required option especially
on the front of the structure. Aluminum or metal storm and screen doors may be used so long
as they are not mill finished or anodized aluminum. Baked enamel or other applicable paints or
finishes will be acceptable. In general, storm and screen doors shall conform to those illustrated on
the attached sheet. The door stiles and rails should be a minimum of 4” wide and one lite doors,
where practical, are preferred in order not to detract from the existing primary door. Jalousie doors
are not acceptable for use as storm doors in the historic districts. Ornamental iron work safety
doors are also generally inappropriate in the historic districts.
Exterior Woodwork
Existing decorative woodwork such as railings, moldings, eave, and gable cornice trim, tracery,
columns, observatories, scrolls, bargeboards, lattice, and other carved or sawn wood ornament
shall not be removed or altered without Commission approval. Existing deteriorated ornamental
woodwork shall not be removed but shall be repaired or replaced with matching materials where
possible.
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Agenda Item Review Form
Muskegon Historic District Commission
Case 2025-26: 1378 5th Description of Work: Residing, Trim, Windows,
Doors, Porch Skirt, Soffit and Fascia
Applicant: White Lake Construction LLC (Jeff District: Campus
Postema)
Current Use: Residential Date of Construction: 1/1/1912
Discussion:
The applicant is seeking approval to install vinyl siding and trim on the house, remove and replace
existing wood windows with vinyl windows within the same rough openings with elimination of some
windows, replace exterior doors with six-lite craftsman doors, replace the front porch skirt lattice with
a stone veneer, and install vented aluminum soffit and fascia. Much of the work has already been
started.
Standards:
See attached Residing and Trim Cladding Guidelines, Porch and Deck Standards and Guidelines,
and Window, Door, and Exterior Woodwork Standards and Guidelines in Case 2025-25, above.
Deliberation:
I move that the HDC (approve/deny) the request to install vinyl siding and trim on the house, remove
and replace existing wood windows with vinyl windows within the same rough openings with
elimination of some windows, replace exterior doors with six-lite craftsman doors, replace the front
porch skirt lattice with a stone veneer, and install vented aluminum soffit and fascia as long as the
work meets all zoning requirements and the necessary permits are obtained.
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View of west (front) and south elevations from 5th Street (photo from July, 2024)
Current view of house from 5th Street
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View of south (side) and west elevations from 5th Street (photo from July, 2024)
Current view of house from 5th Street
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View of west elevation from 5th Street (photo from July, 2024)
Current view of house from 5th Street
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View of north (side) elevation from 5th Street (photo from July, 2024)
View of house from 5th Street (photo from September, 2025)
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View showing original porch columns and windows, soffit, and trim (photo from June, 2024)
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CITY OF MUSKEGON
HISTORIC DISTRICT COMMISSION
RESIDING AND TRIM CLADDING GUIDELINES
(Adopted December 6, 1994 - Effective January 1, 1995)
General
The Muskegon Historic District Commission does not endorse the residing of structures within the
Historic Districts. It is the policy of this Commission that the original fabric of the building should
be repaired or replaced where necessary with the original building material.
In cases where the repair or replacement with like materials is impractical or where it can be
demonstrated that the original materials will no longer hold paint or that the original materials are
so badly deteriorated that they can no longer be reasonably repaired, the residing standards below
shall strictly be adhered to.
Definitions
For the purpose of this statement, the terms “residing materials” and “trim cladding” shall be
understood to encompass the use of any residing materials such as aluminum, vinyl, steel,
hardboard, wood, masonry, or molded urethane which is designed to replace or cover all, or any
part, of an exterior wall, trim work or other building element or a structure within a designated
historic district.
Purpose
The Commission shall review all Applications for Certificates of Appropriateness proposing the
installation of residing materials or trim cladding as individual cases. Each application shall be
decided on its own merit. No person should interpret any Commission approval for residing or
trim cladding as being precedent setting. Unrestricted use of residing materials or trim cladding
will not be allowed.
In any case where residing materials or trim cladding are proposed for use by a property owner or
siding contractor, the property owner shall be required to submit a signed letter stating in detail
the intent and scope of the proposed residing or trim cladding installation. Such a letter is to also
include the identification of any deterioration or problems occurring relative to the existing siding
or exterior building fabric. If known, the cause and extent of this deterioration must be clearly
stated.
The following conditions of installation shall be met by all proposals for residing or trim cladding:
1. All existing deterioration shall be made structurally sound and its causes, insofar as possible,
shall be corrected prior to the installation of residing materials or trim cladding.
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2. Any installation of residing materials shall simulate the appearance of the original building
material that it is intended to cover. This simulation shall take into account the size, shape or
profile, texture, and linear direction of the original building material.
a. The residing material shall be similar in appearance and dimension to the original siding.
The exposure to the weather of the new siding shall range within one inch of the nominal
dimension of the original siding. The Historic District Commission shall have the authority
to waive this requirement in the event that they believe a different design or dimension
siding would be more appropriate to the architectural character of the Historic District.
b. Generally, wood grain textures are not approved by the Commission. However, the
appropriateness of a specific siding texture shall be determined on an individual case basis.
3. Any installation of trim cladding shall adhere to the following guidelines for the treatment
for architectural trim elements.
a. Existing cornice or building trim elements shall not be covered or replaced without
Commission approval. Commission approval will depend upon how closely the trim
cladding or new trim elements duplicate the appearance of the existing building trim
elements.
b. The wall siding material shall not extend over the existing trim members such as window
and door trim, sills, facias, soffits, frieze members and boards, brackets, aprons, corner
boards, trim boards, skirt boards, or any other characteristic moldings or architectural
features (see attached illustration).
c. If the above mentioned trim members are to be clad, they shall be covered with custom
formed cladding which shall closely approximate the shapes and contours of the existing
moldings or trim. Distinctive or unusual trim or architectural elements shall not be clad
without prior consideration and Commission approval.
d. No building trim elements or architectural features are to be removed or altered to
facilitate the installation of the new siding or trim cladding without approval of the Historic
District Commission.
e. In most cases the soffit cladding material shall run parallel and not perpendicular to the
plane of the wall.
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CITY OF MUSKEGON
HISTORIC DISTRICT COMMISSION
PORCH AND DECK STANDARDS AND GUIDELINES
(Adopted December 6, 1994 - Effective January 1, 1995)
Covered Porches
Newly constructed covered porches shall be decked with tongue and groove decking and painted
to complement or contrast the house (unless the construction involves the rebuilding of a missing
original porch where documentable evidence shows a different method of decking). Ventilation
under the porch deck is necessary to prevent excessive moisture from causing deterioration to
the porch members. Therefore, the porch skirt shall be detailed in a similar manner to that shown
on the attached decking detail illustration. In some cases, composite decking materials may be
permitted for use on covered porches.
Freestanding or Attached Decks (Uncovered Porches)
Placement and design of all decks shall be approved by the Commission. Decks should be located
in unobtrusive locations and shall feature one of the edge details featured on the attached decking
detail illustration. Decking boards shall consist of 5/4” thick pressure treated decking or square-
edged fir decking and appropriately finished. In some cases, composite decking materials may be
permitted for use on uncovered porches.
Handrails and Guardrails
Existing original handrails and guardrails shall not be removed without the approval of the
Commission. Deteriorated rails shall be repaired as a first course of action. When replacement
is necessary, the original details shall be replicated. In cases where height or spacing is required
to be modified to meet code requirements, the Commission will carefully review the options to
determine the most appropriate method to accomplish this requirement. In cases where handrails
or guardrails are new (including those for new decks), the design shall generally conform to the
railing and balustrade detail illustrated on the attached sketches.
New guardrails in the historic districts shall conform to the minimum guardrail height in the most
recent edition of the building code.
PORCH OR DECK FLOOR HEIGHT
FROM FINISHED GROUND GRADE MINIMUM GUARDRAIL HEIGHT
0” - 30” 0”
> 30” 36”
New guardrails on commercial buldings shall conform to the minimum guardrail height for
commercial buildings as defined in the most recent edition of the building code.
In all cases, if an original guardrail was higher than the minimum height as listed above, then the
original height applies.
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Porch Enclosure
Existing screen or open porches shall not be enclosed with framing or windows without approval
by the Commission. Generally, when an open or screened porch is enclosed, the enclosure materials
or windows should preserve the appearance of a porch in order to maintain the original design and
to avoid the visual effect of a boxed-in appendage. This can often be accomplished with full length
windows and exterior screens which would extend from within a few inches off the floor or base
of the existing porch opening thus maintaining the effect of a screened in porch or solarium. On
most full length porches, building up a half-wall at the base and enclosing it with short windows
would not be in keeping with the original design of the house and would detract from the overall
appearance. Each request for a porch enclosure will be carefully analyzed by the Commission,
taking into consideration the practical and intended usage of the area and the overall visual effect
upon the house.
Paint
All exposed deck or porch wood shall be painted to complement or contrast the existing structure.
Pressure treated wood shall be painted no later than one year after installation.
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Agenda Item Review Form
Muskegon Historic District Commission
Case 2025-27: 390 W. Muskegon Description of Work: Porch Stairs and Fence
Applicant: Jeff Lusk District: Houston
Current Use: Residential Date of Construction: 1/1/1890
Discussion:
The applicant is seeking approval to widen the stairs on the front porch facing W. Muskegon Avenue
to 48" and replace the existing chain link fence with a six-foot tall white vinyl fence in the same
location.
Standards:
See attached Fence Standards and Guidelines and Porch and Deck Standards and Guidelines in
Case 2025-26, above.
Deliberation:
I move that the HDC (approve/deny) the request to widen the stairs on the front porch facing W.
Muskegon Avenue to 48" and replace the existing chain link fence with a six-foot tall white vinyl fence
in the same location as long as the work meets all zoning requirements and the necessary permits are
obtained.
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View of house and fence from W. Muskegon Avenue
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View of house from the corner of W. Muskegon Avenue and 5th Street
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View of front porch from W. Muskegon Avenue
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View of front porch staircase
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Proposed 6’-tall vinyl fence
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CITY OF MUSKEGON
HISTORIC DISTRICT COMMISSION
FENCE STANDARDS AND GUIDELINES
(Adopted December 6, 1994 - Effective January 1, 1995)
General
Fences and gates are an extension of the architecture of a home. They should be compatible in style
and material. They should be appropriate to the size and scale of the structure. They, therefore,
require review and approval by the Historic District Commission.
Sometimes it is necessary to use fencing for other than decorative purposes, such as marking
boundaries, privacy, screening unsightly areas, or security. Fencing for utilitarian purposes
sometimes requires fencing materials which are not of the period or character of the house. Non-
conforming fencing materials may be considered for use in the back of the structure.
Fence Guidelines
When building wood fencing, consideration should be given to the kind of wood best suited for the
project, adequate post foundations, weatherproofing, color, and amount of maintenance required.
Simple variations of wood picket-style fencing are appropriate to many period homes. Wood fences
must be painted to complement or contrast the colors of the house. Pressure treated wood shall be
painted no later than one year after installation.
Iron fencing is an appropriate option for Victorian-era homes. Iron fencing was often modest in
proportion, seldom exceeding four feet in height. A popular standard was 36 inches.
Fencing materials such as split rails, stone, and brick may be considered if they reflect the feeling
of the home in material and character.
Chain-link and similar utilitarian fencing, such as industrial fencing, wire mesh, and barbed wire,
is not permitted in the front of a structure.
Hedges and natural fencing are possible alternatives to fences.
Fence Standards
LAYOUT REQUIREMENTS: (Please see the attached Supplementary Graphics sheets)
Conforming open fences not over four (4) feet and conforming solid fences not over three (3) feet
in height are permitted between the property line and halfway between the front and rear setback
lines.
Corner lots will be considered to have two front yards, except that non-conforming fences higher
than four (4) feet will be permitted immediately behind the existing side setback line (rather than
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halfway between the front and rear).
SUPPLEMENTARY GRAPHICS SHEETS:
These sheets are attached and include the following:
Fence Location/Layout Standards
“Type A” - Conforming Walls and Fences
“Type B” - Conforming Rear Lot Fences; Non-Conforming Fences
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Agenda Item Review Form
Muskegon Historic District Commission
Temporary Accessible Ramps Description of Work:
Applicant: District:
Current Use: Date of Construction:
Discussion:
The HDC does not have a policy for the installation of temporary accessible ramps, though a few
have been constructed in the historic districts. These are typically aluminum, not attached to the
house, and can be in use for a range of timeframes. Staff would like to discuss the HDC's position on
properties that install temporary accessible ramps and potentially craft a policy for review of such
features.
Standards:
Deliberation:
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Ramp installed on Terrace Street
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Ramp installed on Jefferson Street
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Rendering of ramp to be installed on Peck Street
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Agenda Item Review Form
Muskegon Historic District Commission
Historic District Boundary Adjustments Description of Work:
Applicant: District:
Current Use: Date of Construction:
Discussion:
As adopted, the Historical Preservation Ordinance that established the historic districts is very specific
in its description of their boundaries and uses block and lot numbers – basically legal descriptions – to
define those boundaries (final page of the attached Ordinance). Staff discovered that the historic
district boundaries shown on maps have long been incorrect in select areas on the periphery of the
Jefferson and McLaughlin Historic Districts. It appears that at some point, there were some liberties
taken in drawing the historic district boundaries to include the entirety of some parcels when only a
portion is officially located within a district.
For example, the boundary description for the Jefferson Historic District has not changed from what
was originally adopted in 1973, but it does not align with current property lines, and perhaps never
did. In one instance, the west 18 feet of a parcel is included in the district while the east 32 feet of the
same parcel is not. Corrections to the City Ordinance will be needed in cases where the boundary
description is incorrect, and staff would like to discuss the process of making these revisions.
Standards:
Deliberation:
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Chapter 38
HISTORICAL PRESERVATION*
Article I. In General
Secs. 38-1—38-100. Reserved.
Article II. Historic District
Sec. 38-101. Short title.
Sec. 38-102. Statement of purpose.
Sec. 38-103. Definitions.
Sec. 38-104. Historic district study committee and the study committee report.
Sec. 38-105. Establishing additional, modifying, or eliminating historic dis-
tricts.
Sec. 38-106. The historic district commission.
Sec. 38-107. Historic district commission meetings, recordkeeping and rules of
procedure.
Sec. 38-108. Delegation of minor classes of work.
Sec. 38-109. Ordinary maintenance.
Sec. 38-110. Review by the historic district commission.
Sec. 38-111. Design review standards and guidelines.
Sec. 38-112. Permit applications.
Sec. 38-113. Denials.
Sec. 38-114. Notice to proceed.
Sec. 38-115. Appeal of a historic district commission decision.
Sec. 38-116. Work without a permit.
Sec. 38-117. Demolition by neglect.
Sec. 38-118. Review of work in proposed districts.
Sec. 38-119. Emergency moratorium.
Sec. 38-120. Penalties for violations.
Sec. 38-121. Acceptance of gifts or grants.
Sec. 38-122. Acquisition of historic resources.
Sec. 38-123. Historic district boundary.
*State law reference—Michigan historical commission, MCL 399.1 et seq.
CD38:1
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HISTORICAL PRESERVATION § 38-103
ARTICLE I. IN GENERAL Certificate of appropriateness means the writ-
ten approval of a permit application for work that
Secs. 38-1—38-100. Reserved. is appropriate and does not adversely affect a
resource.
ARTICLE II. HISTORIC DISTRICT* Commission means the historic district com-
mission of the city.
Sec. 38-101. Short title. Demolition means the razing or destruction,
This article shall be known as the "Historic whether entirely or in part, of a resource and
District Ordinance of the City of Muskegon". includes, but is not limited to, demolition by
(Ord. No. 2290, § 1(38.101), 3-8-2011) neglect.
Demolition by neglect means neglect in main-
Sec. 38-102. Statement of purpose.
taining, repairing, or securing a resource that
(a) Historic preservation is hereby declared to results in deterioration of an exterior feature of
be a public purpose and the city commission may the resource or the loss of structural integrity of
hereby regulate the construction, addition, alter- the resource.
ation, repair, moving, excavation, and demolition
Denial means the written rejection of a permit
of resources in historic districts within the city
application for work that is inappropriate and
limits. The purpose of this article is to:
that adversely affects a resource.
(1) Safeguard the heritage of the city by pre-
serving districts which reflect elements of Fire alarm system means a system designed to
its history, architecture, archaeology, en- detect and annunciate the presence of fire or
gineering, or culture. byproducts of fire. Fire alarm system includes
smoke alarms.
(2) Stabilize and improve property values in
each district and surrounding areas. Historic district means an area, or group of
areas, not necessarily having contiguous bound-
(3) Foster civic beauty. aries, that contains one resource or a group of
(4) Strengthen the local economy. resources that are related by history, architec-
(5) Promote the use of historic districts for ture, archaeology, engineering, or culture.
the education, pleasure, and welfare of Historic preservation means the identification,
the citizens of the city and of the state. evaluation, establishment, and protection of re-
(b) The city may, by ordinance, establish one or sources significant in history, architecture, archae-
more historic districts. The historic district shall ology, engineering, or culture.
be administered by the historic district commis- Historic resource means a publicly or privately
sion and pursuant to this article. owned building, structure, site, object, feature or
(Ord. No. 2290, § 1(38.102), 3-8-2011) open space that is significant in the history,
architecture, archaeology, engineering, or culture
Sec. 38-103. Definitions. of the city, state, or the United States.
The following words, terms and phrases, when Notice to proceed means the written permission
used in this article, shall have the meanings to issue a permit for work that is inappropriate
ascribed to them in this section, except where the and that adversely affects a resource, pursuant to
context clearly indicates a different meaning: a finding under Section 399.205(6) of Public Act
Alteration means work that changes the detail 169 of 1970, as amended.
of a resource but does not change its basic size or Open space means undeveloped land, a natu-
shape. rally landscaped area, or a formal or manmade
*State law reference—Local historic districts act, MCL landscaped area that provides a connective link or
339.201 et seq. buffer between other resources.
CD38:3
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§ 38-103 MUSKEGON CITY CODE
Ordinary maintenance means keeping a re- committee. A majority of the persons appointed to
source unimpaired and in good condition through the historic district study committee shall have a
ongoing minor intervention, undertaken from time clearly demonstrated interest in or knowledge of
to time, in its exterior condition. Ordinary main- historic preservation. The historic district study
tenance does not change the external appearance committee shall contain representation of at least
of the resource except through the elimination of one member appointed from one or more duly
the usual and expected effects of weathering. organized local historic preservation organiza-
Ordinary maintenance does not constitute work tions. The historic district study committee shall
for the purposes of this article. do all of the following:
Proposed historic district means an area, or (1) Conduct a photographic inventory of re-
group of areas not necessarily having contiguous sources within each proposed historic dis-
boundaries, that has delineated boundaries and trict following procedures established by
that is under review by a committee or a standing the state historic preservation office of the
committee for the purpose of making a recommen- Michigan Historical Center.
dation as to whether it should be established as a
historic district or added to an established his- (2) Conduct basic research of each proposed
toric district. historic district and historic resources lo-
cated within that district.
Repair means to restore a decayed or damaged
resource to good or sound condition by any pro- (3) Determine the total number of historic
cess. A repair that changes the external appear- and non-historic resources within a pro-
ance of a resource constitutes work for the pur- posed historic district and the percentage
poses of this article. of historic resources of that total. In eval-
uating the significance of historic re-
Resource means one or more publicly or pri- sources, the historic district study com-
vately owned historic or non-historic buildings, mittee shall be guided by the selection
structures, sites, objects, features, or open spaces criteria for evaluation issued by the United
located within a historic district. States Secretary of the Interior for inclu-
Smoke alarm means a single-station or multiple- sion of resources in the National Register
station alarm responsive to smoke and not con- of Historic Places, as set forth in 36 CFR
nected to a system. As used in this subdivision, 60, and criteria established or approved
the term "single-station alarm" means an assem- by the state historic preservation office of
bly incorporating a detector, the control equip- the Michigan Historical Center.
ment, and the alarm sounding device into a single (4) Prepare a preliminary historic district
unit, operated from a power supply either in the study committee report that addresses, at
unit or obtained at the point of installation. The a minimum, all of the following:
term "multiple-station alarm" means two or more
single-station alarms that are capable of intercon- a. The charge of the committee.
nection such that actuation of one alarm causes b. The composition of committee mem-
all integrated separate audible alarms to operate. bership.
Work means construction, addition, alteration, c. The historic district studied.
repair, moving, excavation, or demolition.
(Ord. No. 2290, § 1(38.103), 3-8-2011) d. The boundaries of each proposed his-
toric district in writing and on maps.
Sec. 38-104. Historic district study commit- e. The history of each proposed historic
tee and the study committee re- district.
port.
f. The significance of each district as a
Before establishing a historic district, the city whole, as well as a sufficient number
commission shall appoint a historic district study of its individual resources to fully
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HISTORICAL PRESERVATION § 38-105
represent the variety of resources b. After receiving a final report that
found within the district, relative to recommends the establishment of a
the evaluation criteria. historic district, the city commis-
g. Transmit copies of the preliminary sion, at its discretion, may introduce
report for review and recommenda- and pass or reject an ordinance. If
tions to the city planning commis- the city commission passes an ordi-
sion, the state historic preservation nance establishing one or more his-
office of the Michigan Historical Cen- toric districts, the city shall file a
ter, the Michigan Historical Commis- copy of the ordinance, including a
sion, and the state historic preserva- legal description of the property or
tion review board. properties located within the his-
toric district, with the register of
h. Make copies of the preliminary re- deeds. The city commission shall not
port available to the public pursuant pass an ordinance establishing a con-
to Section 3 (4) of Public Act No. 169 tiguous historic district less than 60
of 1970 (MCL 399.203(4)). days after a majority of the property
(5) Not less than 60 calendar days after the owners within the proposed historic
transmittal of the preliminary report, the district, as listed on the tax rolls of
historic district study committee shall hold the local unit, have approved the
a public hearing in compliance with Pub- establishment of the historic district
lic Act No. 267 of 1976 (MCL 15.261 et pursuant to a written petition.
seq.). Public notice of the time, date and
(7) A writing prepared, owned, used, in the
place of the hearing shall be given in the
possession of, or retained by a committee
manner required by Public Act No. 267 of
in the performance of an official function
1976 (MCL 15.261 et seq.). Written notice
of the historic district commission should
shall be mailed by first class mail not less
be made available to the public in compli-
than 14 calendar days prior to the hearing
ance with Public Act No. 442 of 1976
to the owners of properties within the
(MCL 15.231 et seq.).
proposed historic district, as listed on the
(Ord. No. 2290, § 1(38.104), 3-8-2011)
most current tax rolls. The report shall be
made available to the public in compli-
ance with Public Act No. 442 of 1976 Sec. 38-105. Establishing additional, modi-
(MCL 15.231 et seq.). fying, or eliminating historic dis-
tricts.
(6) After the date of the public hearing, the
historic district study committee and the
(a) The city commission may at any time es-
city commission have not more than one
tablish by ordinance additional historic districts,
year, unless otherwise authorized by the
including proposed districts previously consid-
city commission, to take the following
ered and rejected, may modify boundaries of an
actions:
existing historic district, or may eliminate an
a. The committee shall prepare and existing historic district. Before establishing, mod-
submit a final report with its recom- ifying, or eliminating a historic district, a historic
mendations and the recommenda- district study committee appointed by the city
tions, if any, of the local planning commission shall follow the procedures as stated
body to the city commission as to the in Section 3 (1-3) of Public Act No. 169 of 1970
establishment of a historic district. (MCL 399.203(1)—(3)). To conduct these activi-
If the recommendation is to estab- ties, the city commission may retain the initial
lish a historic district, the final re- committee, establish a standing committee, or
port shall include a draft of the pro- establish a committee to consider only specific
posed ordinance. proposed districts and then be dissolved. The
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§ 38-105 MUSKEGON CITY CODE
committee shall consider any previously written Sec. 38-107. Historic district commission
committee reports pertinent to the proposed ac- meetings, recordkeeping and
tion. rules of procedure.
(b) In considering elimination of a historic (a) The historic district commission shall meet
district, a committee shall follow the procedures at least quarterly or more frequently at the call of
set forth in Section 3 (1-3) of Public Act No. 169 of the historic district commission.
1970 (MCL 399.203(1)—(3)) for the issuance of a
preliminary report, holding a public hearing, and (b) The business that the historic district com-
issuing a final report but with the intent of mission may perform shall be conducted at a
showing one or more of the following: public meeting held in compliance with the open
(1) The historic district has lost those physi- meetings act, Public Act No. 267 of 1976 (MCL
cal characteristics that enabled the estab- 15.261 et seq.). Public notice of the date, time, and
lishment of the district. place of the meeting shall be given in the manner
required by Public Act No. 267 of 1976 (MCL
(2) The historic district was not significant in 15.261 et seq.). A meeting agenda shall be part of
the way previously defined. the notice and shall include a listing of each
(3) The historic district was established pur- permit application to be reviewed or considered
suant to defective procedures. by the historic district commission.
(Ord. No. 2290, § 1(38.105), 3-8-2011)
(c) The historic district commission shall keep
Sec. 38-106. The historic district commis- a record of its resolutions, proceedings and ac-
sion. tions. A writing prepared, owned, used, in the
possession of, or retained by the historic district
(a) The city commission establishes a historic commission in the performance of an official func-
district commission. Each member of the historic tion shall be made available to the public in
district commission shall reside within the city compliance with the freedom of information act,
limits. The historic district commission shall con- Public Act No. 442 of 1976 (MCL 15.231 et seq.).
sist of seven members. Members shall be ap-
pointed by the city commission. A majority of the (d) The historic district commission shall adopt
members shall have a clearly demonstrated inter- its own rules of procedure and shall adopt design
est in or knowledge of historic preservation. Mem- review standards and guidelines to carry out its
bers shall be appointed for a term of three years. duties under this act.
Members shall be eligible for reappointment. In (Ord. No. 2290, § 1(38.107), 3-8-2011)
the event of a vacancy on the historic district
commission, interim appointments shall be made
by the city commission within 60 calendar days to Sec. 38-108. Delegation of minor classes of
complete the unexpired term of such position. work.
Two members shall be appointed from a list
submitted by duly organized local historic preser- The historic district commission may delegate
vation organizations. If such a person is available the issuance of certificates of appropriateness for
for appointment, one member shall be an archi- specified minor classes of work to city staff. The
tect who has two years of architectural experience historic district commission shall provide to its
or who is duly registered in the state. delegated authority specific written standards for
issuing certificates of appropriateness under this
(b) The city commission may prescribe powers subsection. The historic district commission shall
and duties of the historic district commission, in review the certificates of appropriateness issued
addition to those prescribed in this article, that by the delegate on at least a quarterly basis to
foster historic preservation activities, projects, determine whether or not the delegated responsi-
and programs in the local unit. bilities should be continued.
(Ord. No. 2290, § 1(38.106), 3-8-2011) (Ord. No. 2290, § 1(38.108), 3-8-2011)
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HISTORICAL PRESERVATION § 38-112
Sec. 38-109. Ordinary maintenance. (2) The relationship of any architectural fea-
tures of the resource to the rest of the
Nothing in this article shall be construed to resource and to the surrounding area.
prevent ordinary maintenance or repair of a re-
source within a historic district or to prevent (3) The general compatibility of the design,
work on any resource under a permit issued by arrangement, texture, and materials pro-
the inspector of buildings or other duly delegated posed to be used.
authority before this article was enacted.
(4) Other factors, such as aesthetic value,
(Ord. No. 2290, § 1(38.109), 3-8-2011)
that the historic district commission finds
relevant.
Sec. 38-110. Review by the historic district
commission. (5)Whether the applicant has certified in the
application that the property where the
The historic district commission shall review work will be undertaken has, or will have
and act upon only exterior features of a resource before the proposed project completion
and shall not review and act upon interior ar- date, a fire alarm system or a smoke
rangements unless specifically authorized to do so alarm complying with the requirements
by the city commission or unless interior work of the Stille-DeRossett-Hale single state
will cause visible change to the exterior of the construction code act, Public Act No. 230
resource. The historic district commission shall of 1972 (MCL 125.1501 et seq.).
not disapprove an application due to consider- (Ord. No. 2290, § 1(38.111), 3-8-2011)
ations not prescribed in Subsection 5(3) of Public
Act No. 169 of 1970 (MCL 399.205(3)). Sec. 38-112. Permit applications.
(Ord. No. 2290, § 1(38.110), 3-8-2011)
(a) A permit shall be obtained before any work
Sec. 38-111. Design review standards and affecting the exterior appearance of a resource is
guidelines. performed within a historic district. The person,
individual, partnership, firm, corporation, organi-
(a) In reviewing plans, the historic district zation, institution, or agency of government pro-
commission shall follow the U.S. Secretary of posing to do that work shall file an application for
Interior's Standards for Rehabilitation and guide- a permit with the inspector of buildings. Upon
lines for rehabilitating historic buildings as set receipt of a complete application, the inspector of
forth in 36 CFR 67. Design review standards and buildings shall immediately refer the application,
guidelines that address special design character- along with all required supporting materials that
istics of historic districts administered by the make the application complete, to the historic
historic district commission may be followed if district commission. A permit shall not be issued
they are equivalent in guidance to the Secretary and proposed work shall not proceed until the
of Interior's Standards and guidelines and are historic district commission has acted on the
established or approved by the state historic application by issuing a certificate of appropriate-
preservation office of the Michigan Historical Cen- ness or a notice to proceed as prescribed in this
ter. article. A historic district commission shall not
issue a certificate of appropriateness unless the
(b) In reviewing plans, the historic district applicant certifies in the application that the
commission shall also consider all of the follow- property where work will be undertaken has, or
ing: will have before the proposed project completion
date, a fire alarm system or a smoke alarm
(1) The historic or architectural value and complying with the requirements of the Stille-
significance of the resource and its rela- DeRossett-Hale single state construction code act,
tionship to the historic value of the sur- Public Act No. 230 of 1972 (MCL 125.1501 et
rounding area. seq.).
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§ 38-112 MUSKEGON CITY CODE
(b) The historic district commission shall file work can be demonstrated by a finding of the
certificates of appropriateness, notices to proceed, historic district commission to be necessary to
and denials of applications for permits with the substantially improve or correct any of the follow-
inspector of buildings. A permit shall not be ing conditions:
issued until the historic district commission has
acted as prescribed by this article. (1) The resource constitutes a hazard to the
safety of the public or to the structure's
(c) If an application is for work that will ad- occupants.
versely affect the exterior of a resource the his-
toric district commission considers valuable to the (2) The resource is a deterrent to a major
city, the state, or the nation, and the historic improvement program that will be of sub-
district commission determines that the altera- stantial benefit to the community and the
tion or loss of that resource will adversely affect applicant proposing the work has ob-
the public purpose of the city, state, or nation, the tained all necessary planning and zoning
historic district commission shall attempt to es- approvals, financing, and environmental
tablish with the owner of the resource an econom- clearances.
ically feasible plan for the preservation of the
resource. (3) Retaining the resource will cause undue
financial hardship to the owner when a
(d) The failure of the historic district commis-
sion to act on an application within 60 calendar governmental action, an act of God, or
days after the date a complete application is filed other events beyond the owner's control
with the historic district commission, unless an created the hardship, and all feasible al-
extension is agreed upon in writing by the appli- ternatives to eliminate the financial hard-
cant and the historic district commission, shall be ship, which may include offering the re-
considered to constitute approval. source for sale at its fair market value or
moving the resource to a vacant site within
(e) The historic district commission may charge the historic district, have been attempted
a reasonable fee to process a permit application. and exhausted by the owner.
(Ord. No. 2290, § 1(38.112), 3-8-2011)
(4) Retaining the resource is not in the inter-
Sec. 38-113. Denials. est of the majority of the community.
(Ord. No. 2290, § 1(38.114), 3-8-2011)
If a permit application is denied, the decision
shall be binding on the inspector or other author-
ity. A denial shall be accompanied by a written Sec. 38-115. Appeal of a historic district com-
explanation by the historic district commission of mission decision.
the reasons for denial and, if appropriate, a notice
that an application may be re-submitted for his- (a) An applicant aggrieved by a decision of the
toric district commission review when the sug- historic district commission concerning a permit
gested changes have been made. The denial shall application may file an appeal with the state
also include the notification of the applicant's historic preservation review board. The appeal
right to appeal to the state historic preservation shall be filed within 60 calendar days after the
review board and to the circuit court. decision is furnished to the applicant. The appel-
(Ord. No. 2290, § 1(38.113), 3-8-2011) lant may submit all or part of the appellant's
evidence and arguments in written form. The
Sec. 38-114. Notice to proceed. state historic preservation review board shall
consider an appeal at its first regularly scheduled
Work within a historic district shall be permit- meeting after receiving the appeal. A permit ap-
ted through the issuance of a notice to proceed by plicant aggrieved by the decision of the state
the historic district commission if any of the historic preservation review board may appeal
following conditions prevail and if the proposed the decision to the county circuit court.
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HISTORICAL PRESERVATION § 38-119
(b) Any citizen or duly organized historic pres- its review and approval is threatened with demo-
ervation organization in the city, as well as re- lition by neglect, the historic district commission
source property owners, jointly or severally ag- may do either of the following:
grieved by a decision of the historic district (1) Require the owner of the resource to re-
commission may appeal the decision to the county pair all conditions contributing to demoli-
circuit court, except that a permit applicant ag- tion by neglect.
grieved by a decision rendered under this article
may not appeal to the court without first exhaust- (2)If the owner does not make repairs within
ing the right to appeal to the state historic pres- a reasonable time, the historic district
ervation review board. commission or its agents may enter the
(Ord. No. 2290, § 1(38.115), 3-8-2011) property and make such repairs as neces-
sary to prevent demolition by neglect. The
costs of the work shall be charged to the
Sec. 38-116. Work without a permit. owner, and may be levied by the city as a
special assessment against the property.
When work has been done upon a resource The historic district commission or its
without a permit, and the historic district com- agents may enter the property for pur-
mission finds that the work does not qualify for a poses of this section upon obtaining an
certificate of appropriateness, the historic district order from the circuit court.
commission may require an owner to restore the (Ord. No. 2290, § 1(38.117), 3-8-2011)
resource to the condition that the resource was in
before the inappropriate work or to modify the Sec. 38-118. Review of work in proposed dis-
work so that it qualifies for a certificate of appro- tricts.
priateness. If the owner does not comply with the
restoration or modification requirement within a Upon receipt of substantial evidence showing
reasonable time, the historic district commission the presence of historic, architectural, archaeolog-
may seek an order from the county circuit court to ical, engineering, or cultural significance of a
require the owner to restore the resource to its proposed historic district, the city commission
former condition or to modify the work so that it may, at its discretion, adopt a resolution requiring
qualifies for a certificate of appropriateness. If the that all applications for permits within the pro-
owner does not comply or cannot comply with the posed historic district he referred to the historic
order of the court, the historic district commission district commission as prescribed in section 38-
or its agents may enter the property and conduct 112. The historic district commission shall review
work necessary to restore the resource to its permit applications with the same powers that
former condition or modify the work so that it would apply if the proposed historic district was
qualifies for a certificate of appropriateness in an established historic district. The review may
accordance with the court's order. The costs of the continue in the proposed historic district for not
work done shall be charged to the owner, and may more than one year, or until such time as the city
be levied by the city as a special assessment commission approves or rejects the establishment
against the property. When acting pursuant to an of the historic district by ordinance, whichever
order of the circuit court, the historic district occurs first.
commission or its agents may enter a property for (Ord. No. 2290, § 1(38.118), 3-8-2011)
purposes of this section.
(Ord. No. 2290, § 1(38.116), 3-8-2011) Sec. 38-119. Emergency moratorium.
If the city commission determines that pending
Sec. 38-117. Demolition by neglect. work will cause irreparable harm to resources
located within an established or proposed historic
Upon a finding by the historic district commis- district, the city commission may by resolution
sion that a historic resource within a historic declare an emergency moratorium on all such
district or a proposed historic district subject to work for a period not to exceed six months. The
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§ 38-119 MUSKEGON CITY CODE
city commission may extend the emergency mor- the historic district commission, the city may sell
atorium for an additional period not to exceed six resources acquired under this section with protec-
months, upon finding that the threat of irrepara- tive easements included in the property transfer
ble harm to resources is still present. Any pending documents, if appropriate.
permit application concerning a resource subject (Ord. No. 2290, § 1(38.122), 3-8-2011)
to an emergency moratorium may be summarily
denied. Sec. 38-123. Historic district boundary.
(Ord. No. 2290, § 1(38.119), 3-8-2011)
(a) Houston Historic District. All land located
within an area described by blocks 336, 337, 348,
Sec. 38-120. Penalties for violations. 349, 350, 351; block 367, lots 3-10; block 368.
(a) A person that violates this article is respon- (b) Campus Historic District. All land located
sible for a municipal civil infraction and may be within an area described by blocks 396, 397, 399.
fined the maximum permitted by law, not more
than $5,000.00. (c) McLaughlin Historic District. All land lo-
cated within an area described by blocks 226, lots
(b) A person that violates this article may be 1-5, and 12; blocks 227, 228, 229; block 230, lots
ordered by the court to pay the costs to restore or 1-5 and 14; block 238, lots 1-5 and 12; blocks 239,
replicate a resource unlawfully constructed, added 240, 241; block 242, lots 7-10; blocks 243, 253;
to, altered, repaired, moved, excavated or demol- block 254, easterly 66 feet of lots 7-10; block 362,
ished. lots 10-19; block 383, lots 7-12; block 394, lots
(Ord. No. 2290, § 1(38.120), 3-8-2011) 9-16.
Sec. 38-121. Acceptance of gifts or grants. (d) Clinton-Peck Historic District. All land lo-
cated within an area described by block 275, lots
The city commission may accept state or fed- 1-9; block 276, lots 7-14; block 277; block 278, lots
eral grants for historic preservation purposes, 1-6; blocks 288, 289; block 300, lots 1-6; block 423,
may participate in state and federal programs lots 7-12; block 424, lots 7-12; block 444, lots 7-12;
that benefit historic preservation, and may accept block 445, lots 7-12.
public or private gifts for historic preservation
purposes. The city commission may appoint the (e) Jefferson Historic District. All land located
historic district commission to accept and admin- within an area described by block 425, lots 1-6;
ister grants, gifts, and program responsibilities. block 426, lots 8-14; block 442, lots 8-14; block
(Ord. No. 2290, § 1(38.121), 3-8-2011) 443, lots 1-6; block 446, W 162 feet lot 1, N 74.5
feet of W 154 feet lot 2, and N 75 feet of S 149.5
Sec. 38-122. Acquisition of historic re- feet of W 154 feet lot 2; block 447, lots 8-14; block
sources. 463, lots 7-9 and E 105.1 feet lot 10; block 464, lots
1-4.
If all efforts by the historic district commission
to preserve a resource fail, or if it is determined by (f) Clay- Western Historic District. All land lo-
the city commission that public ownership is most cated within an area described by blocks 314, 315,
suitable, the city commission, if considered to be 316, 323, 568 and 570.
in the public interest, may acquire the resource (g) National Register Historic District. All land
using public funds, public or private gifts, grants located within an area described by blocks 324,
or proceeds from the issuance of revenue bonds. 325, 326; block 327, lots 4-9; block 334, lots 4-9;
The acquisition shall be based upon the recom- block 335.
mendation of the historic district commission.
The historic district commission is responsible for (h) Other areas. The following land area is
maintaining publicly owned resources using its hereby included within the historic districts: Block
own funds, if not specifically designated for other 313, lots 1, 2 and the east 20 feet of lot 3; block
purposes, or public funds committed for that use 327, lots 10, 11; block 334, lots 1-3 and 10-12.
by the city commission. Upon recommendation of (Ord. No. 2290, § 1(38.123), 3-8-2011)
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