(Ord. of 4-10-2018; Ord. of 2-12-2019(2))

(Ord. of 2-12-2019(2))

The following letters refer to the charts containing the schedule of regulations in sections 20.10 and 20.20:

a.

Except for section 21.46 C., all side yards abutting residentially zoned land shall have a minimum distance of twice the one yard requirement;

b.

All rear yards abutting residentially zoned land shall have a minimum distance of 50 feet between the principal building and rear property line;

c.

Parking shall not be permitted in any required front yard, not withstanding off-street parking requires in CBD and PID districts;

d.

Multiple family dwellings which have all off-street parking provided behind the dwelling and have the main entrance to the building facing a public street may reduce required minimum yard setbacks (per lot in feet) as follows:

e.

The planning commission may waive these standards if it determines it is necessary, in order to preserve public views and scenic vistas from being unreasonably obscured by development of lakeside properties or properties near bodies of water, to allow flexibility in the siting and construction of new buildings in such zoning districts;

f.

The planning commission may waive these standards if it determines it is necessary for the development of a site to be compatible with surrounding uses and buildings if such a site is adjacent to the CBD;

g.

Single-family detached dwellings shall comply with the applicable height and setback standards for the TRD listed in section 20.10;

h.

The total floor space in all buildings on the lot may not exceed 1½ times the total net lot area (floor area ratio of 1.5);

i.

The minimum floor area per dwelling unit shall not include areas of basements, breezeways, unenclosed porches, terraces, attached garages, attached sheds or utility rooms;

j.

In all zoning districts, except the CBD and PID districts, the required front yard setback shall not be used for off-street parking, loading or unloading, and shall remain as open space, unoccupied and unobstructed from the ground upward, except for landscaping, plant materials or vehicle access drives; unless use of the front yard setback for off-street parking is determined necessary by the planning commission due to the size and configuration of the lot;

k.

In all residential districts, the width of side yards which abut upon a street on the same side or on the opposite side of the same block, upon which other residential lots front, shall not be less than the required front yard setback for homes which front upon such side street;

l.

No rear yard or side yard setback is required where such property abuts a public alley, providing that accessory buildings in the rear yard shall meet the required setback;

m.

Setbacks.

1)

Waterfront setback: For the purposes of this ordinance the waterside of the structure shall be considered the front yard; except for docks, shoreline protection structures and walkways six feet or less in width, all other structures shall be located a minimum of 35 feet upland from the high water elevation as defined;

2)

Wetland setback: All structures or additions to existing structures shall be set back a minimum of 25 feet from areas defined as wetlands in the Boyne City Comprehensive Plan; [and]

3)

Road setback: For the purposes of this ordinance the road side will be considered a rear yard and subject to the provisions of article XX;

n.

Height, area, lot coverage and yard regulatory is specified in article XX of this ordinance with the following exception: Within the area described as follows: from the edge of Lake Charlevoix along the centerline of West Michigan Avenue to the centerline of North Lake Street to the intersection of Lower Lake Street, building height shall be defined as the vertical distance measured from the highest point of the finished grade adjacent to the building (excluding berms, flower boxes, and other similar increases in elevation) to the highest point of the roof of the building (excluding chimneys, antennas, and similar items) and such building height in this area shall not exceed 30 feet.

o.

The minimum combined side yard setbacks for buildings and structures on waterfront parcels shall not be less than 30 percent of the width of the corresponding cross section of the parcel. The percentage used for each side yard setback shall be consistent along the entire length of each side yard. Additionally, side yard setbacks may not be less than the minimum setback as listed for the district as required by this section unless specifically allowed by other provisions of the ordinance from which this section was derived.

(Ord. of 12-16-2008, § 3; Ord. of 4-10-2018)