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Boyne City City Zoning Code

ARTICLE III.

RURAL ESTATE DISTRICT (RED)

Sec. 3.10.- Purpose.

The purpose of this residential district is to provide a pleasant and attractive living environment which is consistent with the existing development, respects the unique natural environment, and is compatible with the land needs of on-site wells and septic systems. The intended character and nature of this district is a rural estate without municipal water and sanitary sewer service, with lot sizes of sufficient size as to not require such service. The rural estate district (RED) is intended to be a setting for a predominance of low-density and large-lot housing, typically in transitional locations between more intense urban development and rural or open lands.

Sec. 3.20. - Principal permitted uses.

No building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this ordinance:

A.

Single-family detached dwellings;

B.

Municipal parks, playgrounds, and recreation centers;

C.

Residential cluster housing developments, i.e., houses on smaller building sites but consistent with overall parcel density limits;

D.

Agriculture uses on five acres or more in area;

E.

Home occupations in which customers or patrons do not visit the site for the delivery of goods and/or services;

F.

Adult foster care family homes; provided, this subsection shall not apply to adult foster care facilities, licensed by a state agency, for the care and treatment of persons released from or assigned to adult correctional institutions;

G.

Family daycare homes; [and]

H.

Accessory structures and uses customarily incidental to the above permitted uses.

I.

The keeping of four hens per parcel provided that:

1.

No person shall keep any rooster.

2.

No person shall slaughter or dress chickens outdoors.

3.

Chickens shall be provided with a covered enclosure and/or a fenced enclosure in the rear yard.

4.

All covered enclosures shall be kept a minimum of ten feet from the rear and side lot line.

5.

Covered enclosures shall be so constructed or repaired as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure.

6.

All feed and other items associated with the keeping of chickens are to be stored as to not attract rodents.

7.

Hens and their enclosures must be kept in a neat, clean, and sanitary condition from offensive odors, excessive noise, or other condition that would constitute a nuisance.

J.

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.

K.

Attached or detached accessory apartments, provided the site contains an owner-occupied single-family dwelling, limited to one accessory apartment per site. Accessory apartments can be attached to either a single-family dwelling or a detached garage. Detached accessory apartments shall have a minimum side yard and rear yard setback of ten feet.

(Ord. of 5-8-2012; Ord. of 2-28-2017; Ord. No. 2024-09-165, 9-10-2024)

Sec. 3.30. - Conditional uses.

The following uses shall be considered conditional and shall require conditional use approval, and shall comply with any applicable conditional use requirements of article XXV:

A.

Private recreation areas, uses and facilities including country clubs, marinas, golf courses and swimming pools subject to the following [provisions]:

1.

No building shall be located within 100 feet of a dwelling;

2.

Facilities such as licensed restaurants and bars may be permitted when occupying an integral part of the main structure, provided there is no exterior display or advertising of said facilities;

3.

Golf fairways, swimming pools, tennis courts, boat docks, and similar uses shall be located not less than 35 feet from any property line; [and]

4.

Access shall be directly from and onto a major thoroughfare or regional arterial, and not through a residential neighborhood.

B.

Public utility transformer stations, substations and gas regulator stations without service or storage yards shall comply with the requirements of this ordinance and shall be subject to the following: a front yard setback of not less than 50 feet shall be provided (irrespective of the yard requirement of the district in which it is located) and two side yards and a rear yard shall be provided, each shall not be less than 25 feet in width. The previously mentioned conditional uses shall be landscaped with a buffer of plant materials that effectively screens the view of the use from property used for residences, public walkways and rights-of-way. The standard buffer shall consist of a landscaped strip at least six feet wide outside the perimeter of the compound. The buffer shall contain a variety of species of plants.

C.

Cemeteries; provided that no buildings or structures shall be located nearer than 200 feet to the boundary line of any adjacent parcel, and that access shall be directly from and onto a major thoroughfare or regional arterial, and not through a residential neighborhood.

D.

Churches, synagogues and temples.

E.

Home occupations in which customers or patrons visit the site for the delivery of goods and/or services.

F.

Plant nurseries and greenhouses.

G.

The raising and keeping of fowl, cows, and/or rabbits on areas of five acres or less for owner's use and consumption only, with a maximum of 100 animal units.

H.

Private stables for the keeping of horses and ponies for private use.

I.

One roadside stand solely for the sale of produce grown on the land used for agricultural purposes; provided adequate vehicular access and off-street parking is provided as determined by the planning commission.

J.

The raising of fur bearing animals, animals for medical experimentation, dog kennels, veterinary clinics and riding stables, excluding concentrated animal feeding operations (CAFO's), on an area with a minimum of ten acres but not more than 25 acres in area only, with a maximum of ten animal units.

K.

Funeral homes.

L.

Child care centers and day care centers.

(Ord. of 10-9-2007, § 2; Ord. of 01-20-2025(1), 1-20-2025; Ord. No. 2025-03-09, 3-11-2025)

Sec. 3.40. - Development requirements.

The following requirements shall be met within a rural estate district (RED).

A.

Development plan approval as specified in article XIX of this ordinance, except single-family dwellings and home occupations as a principal permitted use;

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; [and]

G.

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

H.

Dwellings must be firmly and permanently attached to a solid concrete block, poured-in-place concrete, or stone foundation, or a foundation of other suitable materials, set upon concrete footings, below frost level. Foundation shall completely extend from the structure to footings and enclose the entire perimeter of the structure. Foundation and footings shall be constructed in accordance with the all applicable building code and all state regulations. No dwelling shall have exposed wheels, towing mechanism, or undercarriage. All dwellings shall have overhangs of not less than one foot as measured horizontally from the side of the structure to the outside edge of the eave and gable end.

(Ord. of 4-10-2018)