The purpose of this district is to provide a pleasant and attractive residential living environment of a low density, primarily on lots with frontage upon Lake Charlevoix and other bodies of water within the city. It is the further intent and purpose of this district to ensure that development within such lots remains at a sustainable density and scale, and does not unreasonably obstruct views, view sheds, scenic vistas, or degrade the quality of the surface waters of Lake Charlevoix and other bodies of water from other lots and public rights-of-way.

(Ord. of 1-9-2019)

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.

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.

D.

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

E.

Family day care homes.

F.

Accessory structures and uses customarily incidental to the above permitted uses, excepting that boat houses shall not be permitted.

G.

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 2-28-2017; Ord. of 1-9-2019)

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 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.

B.

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

C.

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.

(Ord. of 1-9-2019)

A.

Building design.

1.

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. However, a waterfront may have a primary entrance to the street.

2.

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.

3.

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 entrance ways.

4.

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.

5.

The minimum pitch of the roof of any building shall be five to 12 (5:12) and the maximum pitch of the roof of any building shall be 12 to 12 (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 24 to 12 (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.

6.

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 curbcut along a public street, or when alley access is determined by the city engineer 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.

Watercraft/dock limitation. Each single-family detached dwelling shall be limited to the docking of three watercraft. There shall not be more than one dock per every 100 feet of waterfront. However, any waterfront lot, regardless of frontage, without a dock as of the adoption of this ordinance, may be permitted one dock.

F.

Additional requirements. The following requirements, unless superseded by the standards of this article, shall be met within a waterfront residential district (WRD).

1.

Development plan approval as specified in article XIX of this ordinance, except single-family dwellings 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 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.

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 4-10-2018; Ord. of 1-9-2019)

Two-family and multiple-family residential dwellings shall be prohibited in the waterfront residential district (WRD). Nonconforming structures and uses which were existing at the time of enactment of this ordinance shall be subject to, and shall continue to conform to, the requirements of the respective zoning district in which the property was located prior to the adoption of this ordinance. Such existing structures shall be allowed to be reconstructed and updated on the existing foundations, but such existing structures shall not be expanded.

Garages, decks, and open porches which meet the requirements of this ordinance, or the requirements of the respective zoning district in which the property was located prior to the adoption of this ordinance, may be added to such structures which were lawfully existing within the waterfront residential district (WRD) at the time of adoption of this ordinance.

(Ord. of 1-9-2019)

A.

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.

B.

Wetland setback: All structures or additions to existing structures shall be setback a minimum of 25 feet from areas defined as wetlands in the Boyne City Comprehensive Plan.

C.

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.

D.

View shed of Lake Charlevoix: The siting of all buildings and structures along the city's lakefront shall comply with section 21.17.

E.

Non-waterfront parcels: Parcels in the waterfront residential district that do not have waterfrontage shall have a minimum front yard setback of ten feet.

(Ord. of 1-9-2019)