The purpose of this district is to provide a pleasant and attractive residential living environment of a medium density, primarily on previously platted residential lots and served with community water and sanitary sewer facilities, characterized by compact, concentrated development patterns. It is the further intent of this district to provide for such uses as schools, churches, libraries, parks, playgrounds, and other public and semi-public uses, along with certain home occupations and offices, accessory apartments, and others, to coexist on a limited and structured basis along side and with residential uses.

(Ord. of 5-23-2001)

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.

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 five feet. Off-street parking shall be in accordance with provisions herein.

C.

Two-family dwellings.

D.

Public, parochial and private schools including nursery schools; churches, temples, and similar places of worship with a maximum capacity of 500 worshipers; libraries; and community buildings.

E.

Municipal parks, playgrounds, and recreation centers.

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.

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

H.

Family day care homes.

I.

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

J.

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.

K.

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 5-23-2001; Ord. of 5-8-2012; Ord. of 2-28-2017; Ord. of 1-14-2020, § 2; Ord. of 1-23-2024; Ord. of 11-20-2023(1), 11-20-2023)

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.

Multiple dwelling with a maximum of four units subject to the following:

1.

Lot area must contain a minimum of 2,500 square feet per unit.

2.

Units must be compatible with surrounding neighborhood character and architecture.

B.

Private recreation areas, uses and facilities including, marinas, and swimming pools subject to the following:

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.

Swimming pools, tennis courts, boat docks, and similar uses shall be located not less than 35 feet from any property line.

C.

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

D.

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.

E.

Funeral homes.

(Ord. of 5-23-2001; Ord. of 10-9-2007, § 3; Ord. of 1-14-2020, § 2)

A.

Building design.

1.

All exterior walls of a building that are greater than six feet in length shall be constructed parallel to or at right angles to the side lot lines of the lot whenever the lot is rectilinear in shape.

2.

The primary entrance to a dwelling shall be located along the front wall of the building, unless otherwise required for barrier-free access. Such entrance shall include an architectural feature such as a porch, landing or portico.

3.

Accessory buildings and attached garages shall have a front yard setback that is at least ten feet greater than the front setback of the principal building that is located on the front portion of the lot.

4.

A rooftop or second floor addition shall not overhang the lower front or side exterior walls of the existing building. This requirement shall not exclude recessed dormers or entranceways.

5.

In the event that a new dwelling is proposed to be constructed on the rear portion of a lot which has frontage on two streets and an alley, the front of such new dwelling shall face the street on which the dwelling is addressed.

6.

The minimum pitch of the roof of any building shall be five to twelve (5:12) and the maximum pitch of the roof of any building shall be twelve to twelve (12:12), except that additions to existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit. Additionally, the roof pitch of a dormer, turret or similar architectural feature may not exceed twenty-four to twelve (24:12) and the roof pitch of a covered porch may be flat whenever the roof of such a porch is also considered to be the floor of a second story deck.

7.

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.

B.

Landscape/hardscape material. A maximum of 40 percent of the front yard of a lot may be covered with inorganic material such as asphalt or cement concrete, paving stone, flagstone, rock or gravel.

C.

Access. Whenever a lot has frontage along an alley, any new off-street parking area located on such lot must obtain access from such adjoining alley; provided, however, that such alley access shall not be required when a new detached garage is proposed to be accessed from an existing driveway that has a curb cut along a public street, or when alley access is determined by the street superintendent to be a hazard to persons or vehicles.

D.

Site design. Permanent, open, off-street parking areas for all permitted principal uses, other than single-family dwellings, shall not be located any closer to a public street right-of-way than the distance by which the principal building is set back from the street right-of-way. This provision shall not be construed to preclude temporary parking in driveways.

E.

Additional requirements. The following requirements, unless superseded by the standards of this article, shall be met within a Traditional Residential District (TRD).

1.

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

2.

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

3.

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

4.

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

5.

Landscaping requirements as specified in Article XXIII of this ordinance.

6.

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

7.

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

(Ord. of 5-23-2001; Ord. of 4-10-2018)