The transitional commercial district (TCD) is intended to serve as a buffer between the central business district and other residential or business districts in the city. Its purpose is one of modulation whereby property abutting the CBD may be used for a variety of non-residential uses which are consistent with the objectives of the comprehensive plan. It is intended for areas not suitable for low density residential development and not suited for the policy implications of the central business district, such as off-street parking. It provides for a mix of low key commercial uses and offices potentially in one building. The TCD may be used to implement the professional office category in the city's comprehensive plan. It also provides for ancillary residential uses which may be a legitimate component in a mixed use area.

(Ord. of 2-26-2019(1))

In a TCD, no building, structure or premise shall be erected, altered, or used, except for one or more of the following uses, unless otherwise provided in this ordinance (except that conversions of warehouse or industrial facilities to loft type dwelling units may increase the total number to a maximum of 16).

A.

Apartment buildings, up to a maximum of eight units per building.

B.

Art galleries.

C.

Bed and breakfast inns and homes.

D.

Business establishments which perform services on premises such as, but not limited to: banks, savings and loans and credit unions (excluding drive-through branches); brokerage houses; insurance, real estate, and travel agencies; pedestrian-oriented automated teller machine facilities.

E.

Dry cleaning establishments, or pick-up stations, dealing directly with the consumer. Central dry cleaning plants shall be prohibited.

F.

Essential public services, telephone exchanges, public utility offices, substations and uses when conducted within a completely enclosed building, excluding storage yards, provided the use and building are consistent with the appearance and character of the downtown as determined by the planning commission.

G.

Medical offices including offices of doctors, dentists and similar or allied professions, with up to 10,000 square feet gross floor area.

H.

Mixed-use buildings, with residential and all principle permitted uses as specified by this section subject to the following conditions: Residential units located on the first floor shall be located to the rear of the commercial uses, the units shall not have frontage on any adjacent street and shall be provided a separate, private pedestrian entranceway.

I.

Offices of an executive, administrative or professional nature, with up to 10,000 square feet gross floor area.

J.

Personal service establishments within a completely enclosed building, provided that each occupies a total usable floor area of not more than 4,000 square feet, including, but not limited to, such uses as: repair shops (watches, radio, television, shoes, etc.), tailor and dressmaking shops, beauty parlors and styling salons, barber shops, photographic studios, film processing outlets, copy centers, interior decorators, and postal centers.

K.

Public, quasi-public, and institutional uses such as, but not limited to, municipal buildings and offices, court houses, public off-street parking facilities, libraries, museums, public safety facilities, parks, post offices, and civic centers, but excluding storage yards.

L.

Retail businesses which supply commodities on the premise of up to 10,000 square feet of gross floor area, such as but not limited to: groceries, meats, fruits and produce, dairy products, baked goods, candies, wine (specialty wine shops only) and other specialty food products (such products can be produced on the premises as an accessory use provided they are sold on the site at retail prices); and stores selling drugs, dry goods, flowers, clothing, notions, books and magazines, toys, sporting goods, shoes, tobacco products, musical instruments, recorded music, video rentals and sales, gifts and souvenirs, antiques, furniture, and hardware.

M.

Retail sales in which both a workshop and retail outlet or showroom are required, such as plumbing, electrician, interior decorating, upholstering, printing, photographic-reproducing, radio, and home appliance and similar establishments of similar character subject to the provision that not more than 80 percent of the total useable floor area of the establishment shall be used for servicing, repairing, or processing activities and further provided that such retail outlet or showroom activities area shall be provided in that portion of the building where the customer entrance is located.

N.

Single-family detached dwellings, provided all requirements for the Traditional Residential District (TRD) are met, except as required in this article herein. The minimum distance between any buildings shall be ten feet. Front yards shall equal the average setback line of the block, as determined by the planning commission, or ten feet. The side yard adjacent to nonresidential property shall be 15 feet. Driveways, parking and walls may be within a side or rear setback.

O.

Studios for art, music, dance, or theatrical instruction.

P.

Accessory buildings and uses customarily incidental to the above permitted uses (i.e., entertainment facilities).

Q.

Group day care home shall have a fenced outdoor play area of at least 1,200 square feet located behind the front building line of the home.

(Ord. of 2-26-2019(1); Ord. of 1-14-2020, § 5)

In the TCD, the following uses shall be considered conditional and require a conditional use permit. Such uses may be permitted subject to applicable site design standards hereinafter imposed and subject further to the conditional use approval procedures of section 2.70, conditional uses in districts:

A.

Senior housing and housing for the elderly.

B.

Party stores.

C.

Other uses not specifically stated or implied elsewhere which, in the determination of the planning commission, are similar to the principal permitted uses provided herein, and in harmony with the character of the district and the purpose and intent of this article and the comprehensive plan of the city.

D.

Funeral homes.

E.

Banks, savings and loans and credit unions with drive-thru lanes meeting the following criteria:

1.

Drive-thru lane must be located in the rear yard.

(Ord. of 2-26-2019(1))

Buildings in the TCD should possess architectural variety, but must enhance the overall cohesiveness of the district's character and appearance as determined by the planning commission. Building heights, story levels, window sizes and proportions, architectural features, and building materials must remain consistent with those of existing or adjacent buildings within the immediate vicinity.

Except as otherwise noted, buildings and uses in the TCD shall comply with the following requirements:

A.

Development plan. Development plan approval for all uses as specified in article XIX of this ordinance.

B.

Building placement. Buildings may be built at lot lines with no setbacks, or the average setback of other buildings on the block as determined by the planning commission. The commission may require greater setbacks if such space, in their determination, is needed for off-street parking or other requirements. The intent of the placement is to provide for a visual as well as use transition between the CBD and other adjacent districts.

C.

Facade design. All visible building facades shall conform with the following design criteria:

1.

Architectural features. Building facades greater than 33 feet in length shall contain architectural features, details and ornaments that are consistent with predominating architectural styles found within the district such as: arches; roof cornices; contrasting bases; contrasting masonry courses, water tables, or molding; pilasters or columns; corbeling; contrasting bands or color; stone or ceramic accent tiles; colonnades; or porches. Elements such as wall clocks, decorative light fixtures, and door or window canopies are recommended. Blank, windowless walls are prohibited.

All non-residential buildings must have interior downspout and gutter systems; exterior downspouts and gutters are not permitted for non-residential buildings, except for those originally constructed for single-family residential purposes.

2.

Fenestration. All facades visible from the street must contain glazed glass windows. Windows shall be recessed and include visually obvious sills. Spaces between windows shall be formed by columns, mullions, or material found elsewhere on the facade. Clear window glass is recommended; green, blue, bronze, or smoke tints are permitted. Window shapes shall be rectangular, square, or Palladian (mostly rectangular with semi-circular top). Circular, octagonal, or diamond shaped windows are not permitted.

a.

Glazing on the first floor shall occupy a minimum 60 percent and a maximum of 70 percent of the facade. No glazing on first floor shall be placed less than two feet six inches above the sidewalk. No glazing on the first floor shall be placed more than eight feet above sidewalk.

b.

Glazing on the second of higher floors shall be a minimum 30 percent and a maximum of 60 percent of the facade.

Vertical window orientation shall have a width-to-height ratio of at least one to two, and shall be consistent with adjacent buildings. Horizontal windows with a width-to-height ratio of between one to one and four to one may be permitted by the planning commission if they determine such window orientation is consistent with the appearance and character of the district.

Shutters, if used, shall be mounted on either side of a window shall be equal to one-half of the width and one times the height.

3.

Building materials. Building materials must be consistent with the surrounding neighborhood character, as determined by the planning commission. Building materials on the front facade or any facade visible from a public right-of-way must be primarily of natural materials conveying permanence, as determined by the planning commission. Each front facade, any facade visible from a public right-of-way, and any facade with a dedicated public entrance into the building should contain at least 60 percent of the recommended materials listed below, excluding window areas.

a.

Recommended materials. Brick; stone; wood siding; concrete slab (poured-in-place, tilt-up construction).

b.

Acceptable materials. Split face, scored, or ground face block; beveled wood siding (lap, board and batter, shake); exterior insulation finish systems (EIFS).

c.

Discouraged materials. Smooth face block; vinyl siding; metal siding (standing seam panels, aluminum siding); clear and reflective glass; T-111 and other wood panel siding.

Acceptable or discouraged materials, or similar synthetic or highly-reflective materials should not be used except for decorative or accent features only. Exterior insulation finish systems (EIFS) may be used for decorative or accent features, and may also be a primary facade material provided it is placed at a height of 12 feet or greater and provided it is no more than 20 percent of the total facade area, excluding window areas.

4.

Exterior colors. Exterior colors shall be compatible with the colors on adjacent buildings, subject to review and approval by the planning commission. The following natural colors are encouraged for the main portions of building facades and roof forms: neutral earth tones (sand to brown); shades of gray; traditional colors (e.g., brick red, forest green, navy blue); light, subdued hues (e.g., salmon); or white. Contrasting, accent colors which are compatible with the primary colors listed above are encouraged for trim, accent, and other decorative architectural features. The use of bright or fluorescent colors (e.g., purple, orange, pink, lime, yellow) is discouraged. Colors should be natural to the material or pigmented, and not painted on the material whenever possible.

Proposed colors shall be specified on the development plan. Samples of building materials and colors are required at the time of development plan review for review and approval of the planning commission. Development plan reviews may be tabled for lack of building samples.

D.

Side or rear facade design. All sides of a building shall be similar in design, detail, and material to present a cohesive appearance to neighboring properties. Wherever a side or rear facade is visible from a public street, or if parking is located at the side or rear of a building, the facade shall be designed to create a pleasing appearance, in accordance with the following design criteria:

1.

Materials and architectural features similar to those present on the front of the building shall be used on the side or rear facade. All visibly exposed sides of a building shall have an articulated base course and cornice. The base course shall align with either the kickplate or sill level of the first floor. The cornice shall terminate or cap the top of a building wall, and may project out horizontally from the vertical building wall plane and may be ornamented with moldings, brackets and other details. The middle section of a building may be horizontally divided at floor, lintel, or sill levels with belt or string courses.

2.

Waste receptacle and service areas shall be completely screened with a decorative masonry wall as approved by the planning commission.

3.

Open areas shall be landscaped with lawn, ground cover, ornamental shrubs and trees. On every site involving new development or redevelopment, foundation plantings adjacent to the building shall be provided.

E.

Building entrances. All buildings shall have at least one primary public entrance that faces a public street. Rear entrances are permitted, only if there is a primary entrance from a public street. Main entrances to buildings shall incorporate devises such as canopies, recessed entrance ways, larger door openings and display windows, accent colors, and architectural details such as tile work, moldings, and distinctive door pulls.

1.

Doors. Doors measuring seven and eight feet high are highly recommended. Doors measuring six feet eight inches high shall have a glass transom with a minimum height of 12 inches.

F.

Rooflines. Rooflines shall be consistent with adjacent buildings and the surrounding neighborhood character as determined by the Planning Commission. Flat roofs may be used in the TCD. Distinctively shaped roof forms, detailed parapets, and exaggerated cornice lines shall be incorporated into rooflines along building facades greater than 33 feet. Mansard, mock mansard, or barrel roofs are prohibited.

Pitched roof forms (gable, hip, shed) with overhanging eaves and between four inches of vertical rise to 12 inches of horizontal run and 12 inches of vertical rise to 12 inches of horizontal run may be used within the TCD if similar rooflines are used on adjacent buildings, or if the planning commission determines such a roof will be consistent with the appearance and character of the district.

G.

Lighting. Exterior lighting must be placed and shielded so as to direct the light onto the site, preferably downward and away from adjoining properties. The lighting source shall not be directly visible from adjoining properties. Floodlights, wall pack units, other types of unshielded lights, and lights where the lens is visible outside of the light fixture shall be prohibited, except where historic-style lighting is used that is compatible with existing historic-style lamps approved by the planning commission.

1.

Sidewalks and parking areas shall be properly lit to facilitate the safe movement of pedestrians and vehicles and provide a secure environment. In parking areas, the light intensity shall average a minimum of one foot candle, measure five feet above the surface. Parking lot lighting shall be consistent and/or similar with other fixtures used throughout the district, as determined by the planning commission, and no greater than 20 feet. In pedestrian areas, the light intensity shall average a minimum of two foot candles, measured five feet above the surface.

H.

Canopies and awnings. Canopies and awnings shall be permitted on buildings as follows:

1.

All awnings must be made from canvass fabric or similar water-proofed material, rather than metal, aluminum, plastic, vinyl, or rigid fiberglass.

2.

All awnings shall be attached directly to the building, rather than supported by columns or poles.

3.

In buildings with multiple storefronts, compatible awnings shall be used as a means of unifying the structure.

I.

Signs. Signs for all uses shall be permitted as specified in the Boyne City Sign Ordinance.

J.

Mechanical equipment. All units and appliances for air conditioning, HVAC systems, exhaust pipes or stacks, elevator housing and satellite dishes or other telecommunications receiving devices shall be thoroughly screened from view from the public right-of-way and from adjacent properties, by using walls, fences, roofline elements, penthouse-type screening devices or landscaping.

Fire escapes shall not be permitted on a building's front facade. In buildings requiring a second means of egress pursuant to the local building codes, internal stairs or other routes of egress shall be used.

Solid metal security gates or solid roll-down metal windows shall be prohibited. Link or grill type security devices shall be permitted only if installed from inside, within the window or door frames; or if installed on the outside, if the coil box is recessed and concealed behind the building wall. Security grills shall be recessed and concealed during normal business hours. Models which provide a sense of transparency by colors, are encouraged. Other security devices fastened to the exterior walls are prohibited.

K.

Parking and loading. The planning commission shall determine if specific sites may be parking exempt if the number of off-street parking and loading/unloading spaces required per article XXIV of this ordinance shall be met, or if a lesser number spaces or no spaces are required due to the following: the availability of on-street parking spaces, off-site parking lots, or municipal parking lots; a finding that patrons will either walk to the site from nearby neighborhoods, or will park at other sites and visit several uses at one time; or the placement and configuration of existing buildings. If required, parking lot design shall comply with the standards below, in addition to the provisions of article XXIV.

1.

No new parking lot shall be created nor any existing parking lot expanded in front of a building unless the planning commission determines that parking in front of the building would be acceptable for either of the following reasons:

a.

Front yard parking is required to maintain the continuity of building setbacks in the block while making efficient use of the site; or

b.

Front yard parking is required for the purposes of traffic safety and to minimize driveway curb cuts where the new parking lot is proposed to connect with one or more parking lots on adjoining parcels.

If the planning commission determines that a new parking lot must be created or an existing parking lot must be expanded the parking lot shall be located to the rear of buildings, (unless (1)(a) and (b) herein are satisfied), on the interior of the lots, accessed by means of common driveways, preferably from side streets or lanes. Such parking lots shall be small in scale where possible, and interconnected with commercial parking lots on adjacent properties. Cross-access easements for adjacent lots with interconnected parking lots shall be required, in language acceptable to the city attorney. Common, shared parking facilities are encouraged, wherever possible.

2.

Parking located in the front or side of a building shall be screened from the road with either: a 36-inch decorative masonry or stone wall; a 48-inch ornamental fence; or a 36-inch evergreen hedge in accordance with article XXIII of this ordinance.

3.

In order to maximize the amount of land area left for landscaping and open space, paving shall be confined to the minimum area necessary to comply with the parking requirements of article XXIV of this ordinance.

4.

Parking lot layout shall take into consideration pedestrian circulation; pedestrian crosswalks shall be provided, where necessary and appropriate, and shall be integrated into the pedestrian network system. Pavement textures shall be required on pedestrian access ways, and strongly encouraged elsewhere in the parking lot, as surfacing materials, or when used as accents.

5.

Any use or site in the TCD required by the planning commission to provide off-street parking may, subject to the approval of city commission, elect to meet such requirement by contributing a fee, as established by the city commission, to a municipal parking fund as defined in section 10.50(M), in lieu of the required off-street parking spaces. This fund shall be used for purchasing land and developing consolidated parking spaces or the development of additional on-street parking in the TCD. The amount of the required fee shall be established by the city and shall be based on anticipated acquisition and development costs.

Contributions may be paid in annual installments, with interest thereon, upon such terms and conditions as may be approved by the city commission. An agreement between the city and the owner or developer, setting forth such terms and conditions in a form approved by the city attorney, shall be executed and deposited with the city clerk. Said agreement shall be recorded and all monies due there under shall be a lien upon the subject property.

6.

Off-street parking spaces under private ownership existing on the date of adoption of this zoning ordinance shall not be converted to another use without the review and approval of the planning commission in accordance with the development plan standards of article XIX of this ordinance.

L.

Service access. A service alley or designated loading space shall be reserved at the rear of the building. Loading from secondary streets may be permitted by the planning commission upon demonstration by the applicant that through traffic flow and access to neighboring uses will not be disrupted.

M.

Landscaping. Landscaping shall comply with the provisions of article XXIII of this ordinance, in addition to the standards below:

1.

On every site involving new development or redevelopment, street trees with a minimum caliper of two-and-a-half inches shall be provided at 25-foot intervals. Any of the following street trees with a minimum caliper of two-and-a-half inches shall be planted within the road right-of-way at 25-foot intervals: Red Maple, Green Ash, Bradford Pear, or Little Leaf Linden, White Ash or Honey Locust, subject to review and approval by the planning commission.

2.

On every site involving new development or redevelopment, a landscape plan shall be submitted for review and approval. The landscape design shall compliment the character of the district.

3.

Lots for apartment and non-residential uses shall balance the functional requirements of parking with the provision of pedestrian amenities. Transition areas between parking and civic, commercial or residential uses shall be designed with textured paving, landscaping and street furniture.

N.

Screening. Where a new or expanded use occurs in this district, after the effective date of this zoning ordinance, which new or expanded use abuts directly upon a single-family residential district, protective screening shall be provided in accordance with the following standards:

1.

A landscaped berm, buffer strip, or greenbelt meeting the requirements of article XXIII of this ordinance shall be provided and maintained along the entire length of a contiguous, single-family residential district. In addition, such sites shall be screened from such contiguous, single-family residential district by either a building housing a permitted use or by a solid masonry wall, ornamental on both sides, and not less than six feet in height above grade, between the required greenbelt area and the use. Such walls shall be constructed of the same materials as that of the main or principal building, and be faced with either brick, decorative block, or pre-cast concrete formed into a decorative pattern and painted in the same color scheme as that of the principal building.

If, in the opinion of the planning commission, the greenbelt would serve no good purpose, the planning commission may waive such requirement and provide only the wall between the contiguous, single-family residential district and the site.

When vehicles, open air displays, waste receptacles, or other features generally exceed a six-foot height, the wall shall be increased to a height adequate to completely screen such features not exceeding ten feet. All such walls shall be of uniform height around the premises and the design of such wall shall be first approved by the planning commission.

2.

Where required walls are provided on the business side of public alleys, wall requirements may be waived to provide necessary entrance to or exit from required off-street parking and loading areas, provided the parking area is in mid-block with no possibility for street ingress or egress, and provided, further, that such opening, if approved by the police department, and the planning commission, shall be stepped down to a three-foot level for a minimum of ten feet on each side of the opening.

O.

Enclosed buildings. Within the TCD, all activities shall be conducted entirely within an enclosed building.

(Ord. of 2-26-2019(1))

The following requirements shall be met within a TCD:

A.

Development plan approval for all non-single-family residential uses as specified in article XIX of this ordinance.

B.

Off-street parking, loading, and access management standards for all uses as specified in article XXIV of this ordinance.

C.

Signs for all uses as specified in the Boyne City Sign Ordinance.

D.

Height, area, lot coverage and yard regulations as specified in article XX of this ordinance.

E.

Landscaping requirements as specified in article XXIII of this ordinance.

F.

Design, architectural, and building material standards as specified in article XXII of this ordinance.

G.

Provisions relating to all zoning districts (as applicable in each separate case) as specified in article XXI of this ordinance.

H.

The planning commission may also request a preliminary or conceptual review by the DDA or its architectural review committee for development plans adjacent to the CBD.

(Ord. of 2-26-2019(1))