(C)   All exterior materials shall comply with the following:

         (a)   Buildings shall provide architectural features, details and ornaments such as archways, colonnades, cornices, peaked roof lines, hip returns, operable window shutters, transoms, gas lights or towers to accent and add interest.

         (b)   Repair of existing structures may utilize the existing roof pitch and roof design at the time of application.

         (c)   Plazas, strip malls or similar types of commercial or office developments where multiple businesses are located within the same building shall provide at least one dormer, archway or similar feature per business or store front.

         (d)   Building walls over 100 feet long shall be broken up with varying building lines, vertical architectural features, windows, architectural accents and trees.

         (e)   Building entrances shall utilize windows, canopies and awnings; provide unity of scale, texture and color; and clearly identify the entry.

         (f)   Building-mounted mechanical equipment shall be screened.

(Prior Code, § 5.80) (Ord. 823, passed 1-4-2021) Penalty, see § 153.999

      (1)   Improve the appearance of off-street parking and storage areas and property abutting public rights-of-way;

      (2)   Protect and preserve the appearance, character and value of the neighborhoods, which abut non-residential areas, parking lots and other potentially obtrusive uses;

      (3)   Reduce soil erosion and depletion;

      (4)   Increase soil water retention, thereby helping to prevent flooding, erosion and sedimentation and enhancing ground water recharge;

      (5)   Remove air pollutants and reduce, eliminate or control glare, reflection and heat island effects; and

      (6)   Assist in directing safe and efficient traffic flow and prevent vehicular and pedestrian circulation conflicts.

      (1)   Landscaping shall be installed before occupancy, unless the Zoning Administrator authorizes occupancy prior to complete landscape installation, due to unforeseen weather conditions or other circumstances beyond the applicant's control. In such a case, a performance guarantee, per § 153.239 of this chapter, shall be provided to ensure completion of the project as required. All landscaping shall be completed within one full growing season.

      (2)   All landscaping shall be maintained after planting and regularly watered, fertilized, pruned and kept free from disease. The owner or controlling party shall be responsible for maintenance.

      (3)   The landscaping shown on the approved landscape, screening and buffering plan shall be maintained according to division (B)(2) above. Any plants in the approved plan that die shall be replaced within a reasonable time, but in no case shall such time exceed six months. The replacement plants shall meet the purpose of the original specifications of an approved landscape, screening and buffering plan.

      (4)   All plants shall be hardy per climatic conditions in the city.

         (a)   The use of native vegetation species with deep roots in rain gardens, bioswales, buffer areas, and other forms of naturalized landscaping to accomplish the goal of stormwater retention and filtration is encouraged.

         (b)   Prohibited species. Species deemed invasive or restricted by the State of Michigan or Michigan State University will be rejected during landscape plan review.

      (5)   All landscaped areas shall be mulched and those not containing trees and shrubs must be planted with ground cover. Mulch of any type is not considered groundcover, nor is it a substitute for ground cover. Areas of lot coverage that are not paved or occupied by building footprint must be landscaped with living grass lawn, living plant ground covers, perennial/shrub beds, or a combination thereof.

      (6)   The overall landscape plan shall not contain more than 25% of any one plant species. Ground covers other than living plants (e.g. stone chips, rocks, mulch) must be arranged in a deliberate manner and may not exceed more than 25% of the site landscape area. All ground covers must be controlled on site and not allowed to freely migrate or spill onto the public sidewalk, public rights-of-way, or into storm drains.

      (7)   Trees and shrubs shall not be placed closer than a distance of 40% of the spread at maturity to a fence, wall or property line.

      (8)   For a corner lot or a lot with more than one frontage where landscaping is required, all frontages shall be landscaped.

      (9)   Berms shall be designed to vary in height and shape to create a more natural appearance. An unbroken earth mound of uniform height shall be avoided. The maximum slope for a berm shall be one foot vertical to three feet horizontal, unless otherwise allowed by the Planning Commission.

      (10)   Landscaping shall not obstruct sight distance, per § 153.142 of this chapter.

      (11)   Landscaping plans are subject to Planning Commission or Zoning Administrator review and approval.

      (12)   The Planning Commission or Zoning Administrator may allow a deviation from the requirements of this section under any of the following circumstances:

         (a)   Existing vegetation or topographic features make compliance with requirements unnecessary or difficult to achieve;

         (b)   The application of requirements will result in a significant loss of existing vegetation, or natural or cultural features;

         (c)   Modification of requirements will clearly result in a superior design that could not be otherwise achieved;

         (d)   Where the required landscaping may interfere with view corridors, such as developments along water bodies, the Planning Commission may require planting of specific species in locations where the height or canopy will not compromise view corridors.

      (13)   The Planning Commission or Zoning Administrator may impose conditions on landscaping as part of site plan review.

      (14)   Where a development is proposed in phases, each phase shall comply with all applicable landscaping requirements.

      (15)   Where landscaping requirements are based on a distance measured along a property line and result in a fractional requirement, the required landscaping for just that area shall be multiplied by the fraction. For example, when a fractional area is equal to 30% of the required distance the number of required plants shall be multiplied by 0.30. A fraction less than 25% may be disregarded.

      (16)   To ensure that all landscaping is installed, as a condition of approval a letter of credit or some other performance guarantee may be required in accordance with § 153.239 of this chapter.

      (1)   A buffer area may be required where any use in a business or industrial district is adjacent to residentially zoned land and where multiple-family residential land uses are adjacent to land in the R1, R2 and R4 Districts. A landscaped buffer shall be provided between the subject property and all adjacent residentially zoned or used properties if the subject building(s) of the site plan is within 25 feet of the adjoining property line and if existing landscaping, tree cover, or fencing/screening does not exist.

      (2)   A buffer area is not required if the qualifying adjacent zoning districts are separated by a public right-of-way.

      (3)   A buffer area shall be parallel to and follow the property line tangent to the qualifying zoning district.

      (4)   A buffer area shall be required even when the adjacent property is undeveloped.

      (5)   Except for access drives or private streets determined by the Planning Commission to be necessary to provide safe access to a property, a building, structure or parking lot shall not encroach within a required buffer area.

      (6)   When adjacent to a PUD containing a residential land use, a use in a non-residential or multiple-family residential district shall provide a buffer area along the property line adjacent to the residential use. The Planning Commission, however, may waive or modify the required buffer if the setbacks and perimeter landscaping provided within the PUD meet the intent of division (A) above.

      (7)   Landscape buffers will include at least one tree for each 25 linear feet, or fraction of buffer area.

         (a)   Landscape buffers shall consist of evergreen shrubs, evergreen trees, fencing/screen walls (75% or more opaque), or any combination thereof that forms a continuous visual buffer.

         (b)   At least 40% of the overall adjoining property line must be covered by plant materials at the time of planting.

         (c)   The Planning Commission may allow a consistent 75% or more opaque, six-foot tall screen wall or fence for the entire length of the adjoining property line to provide buffering that meets the intent of this section. If a screen wall or fence is used for all of the buffer area, the overall landscape buffer width may be eliminated except for the trees required in this section.

         (d)   Where the distance between a building, parking area or use is more than 200 feet from a side or rear lot line, the Planning Commission may reduce the buffer area requirements along the applicable lot line(s) by 50%;

         (e)   Where a screen wall or fence is not otherwise required, the Zoning Administrator may require an opaque screening within the buffer area, to block views and contain materials. Screening shall be provided in the form of a six-foot tall ornamental fence or wall, capable of keeping paper and other debris from blowing off the premises.

      (8)   Buffer area alternatives.

         (a)   Plants may either be arranged formally, or be informally clustered for a more random, natural effect.

         (b)   Berms may be constructed in a buffer area to supplement landscaping and add interest. Minimum landscaping requirements shall be reduced by 50% where a berm at least three feet tall is constructed for at least 85% of the length of the buffer area.

         (c)   Berms shall be designed to vary in height and shape to create a more natural appearance. An unbroken earth mound of uniform height shall be avoided. The maximum slope for a berm shall be one foot vertical to three feet horizontal, unless otherwise allowed by the Planning Commission.

         (d)   A screen wall or fence, located within a buffer area, may be used in lieu of some landscaping.

            1.   A screen wall or fence shall be a maximum of six feet tall and constructed of architectural block, brick, wood, vinyl or textured concrete.

            2.   To maximize the effectiveness of screening, openings shall not exceed 20% of the surface of a wall or fence.

            3.   Landscaping requirements may be reduced by 50% when a screen wall is constructed in a buffer area.

      (1)   The minimum plant size at the time of installation shall comply with Table 153.171(a):

 

 

      (2)   Existing healthy and desirable trees to be preserved may satisfy the landscaping regulations of this section. Each credit may be applied toward fulfilling the requirements set forth in this section (i.e., one credit equal to one equivalent tree).

 

      (1)   For each dwelling unit in a residential subdivision, land division or site condominium.

         (a)   One canopy tree shall be planted between the right-of-way line and the street per Shade Tree and Park Commission rules Chapter 152 Trees.

         (b)   Trees shall meet Residential Guidelines except where site conditions warrant otherwise.

      (2)   For a multiple-family development, one canopy and ornamental tree shall be provided for every 7,000 square feet of gross lot area.

      (3)   For a residential development abutting an arterial street, one evergreen tree and one canopy tree for every 50 feet of development frontage on the arterial street.

      (4)   Berms may also be used to buffer lots or dwellings from an abutting arterial street. Minimum landscaping requirements shall be reduced by 50% where a berm at least three feet tall is constructed for at least 85% of the length of the street frontage.

      (5)   In the R4 Zone, the Planning Commission may require berms, fencing or vegetative screening (or any combination thereof) along property lines for reasons including, but not limited to, protection of public safety, preservation of neighborhood character or the creation of privacy buffers for single-family zones.

      (1)   For non-residential uses in any zoning district except the CBD District, for every 100 feet of lot frontage as measured along a public right-of-way, the following front yard landscaping requirements apply.

         (a)   Two canopy trees or three ornamental trees shall be provided.

         (b)   The Planning Commission may allow landscaping anywhere within the front yard, except where a parking area is located along the lot frontage. In such instances landscaping shall be placed between the parking lot and the public right-of-way.

      (2)   Berms may be constructed in a front yard to supplement landscaping and enhance buffering of parking lots. Minimum front yard landscaping requirements shall be reduced by 50% where a berm at least three feet tall is constructed between a parking lot located along a street frontage and the public right-of-way. A berm may also be used to meet the screening requirement for parking lots as required in division (I) below.

      (3)   Non-residential right-of-way and front setback planting.

         (a)   Street yard landscaping within the public rights-of-way.

            1.   Public rights-of-way shall be planted with grass. Trees, shrubs, or other ground covers may be planted within the right-of-way with permission from the City Forester and the City Engineer, or their assigns.

            2.   Rights-of-way yards abutting activity corridor street types may incorporate decorative paving and streetscape elements if such elements exist on adjoining parcels. Plant materials shall be located in tree wells, bioswales, and above ground planters, and shall be approved by the Department of Public Service.

         (b)   Between sidewalk and parking.

            1.   There shall be a landscaping setback area of eight feet between the edge of sidewalk and parking lot edge, which shall consist of grass lawn and landscape planting beds.

            2.   Landscape planting beds shall be a minimum of 25% of the landscape setback area.

            3.   Setback areas greater than 20 feet in depth must plant at least one deciduous tree for every 25 feet of frontage or part thereof and a minimum of one shrub shall be planted for each ten linear feet of frontage, or portion thereof.

            4.   These landscape requirements are in addition to other screening or buffer requirements as indicated in the applicable zoning district section.

            5.   Landscape planting beds shall be a minimum of 50% of the front, side, and rear landscaping setback areas for all special land use 'off-street parking surface lots' in addition to trees required.

         (c)   Between sidewalk and building.

            1.   Non-residential setback landscaping between the edge of sidewalk and building face shall consist of lawn, landscape planting beds, and paved pedestrian areas.

            2.   Landscape planting beds shall be a minimum of 25% of the landscape setback area. This may be reduced to 0% in areas where the public sidewalk is immediately adjacent to the building face.

      (1)   A parking lot containing more than ten spaces shall be screened as follows:

         (a)    Along any right-of-way or residential property line by a continuous two and one-half to three-foot tall screen; and

         (b)    The screen shall consist of landscaping, berms, a screen wall or any combination of these elements.

      (2)   To provide shade and to break up the visual appearance of large, paved areas, parking lots with more than ten spaces shall be landscaped based on the following requirements.

         (a)    One canopy tree for every 12 parking spaces shall be provided within a parking lot island or peninsula.

         (b)    Parking lot islands and peninsulas shall meet the following requirements:

            1.   All islands and peninsulas shall be protected by raised curbs; dub-downs non-raised curbs are permitted to facilitate drainage, except in instances where the grading and drainage plan demonstrates storm water runoff can be managed without the use of raised curbs.

            2.   Each tree shall be provided with an open land area of not less than 75 square feet to provide area for infiltration and with a minimum diameter of nine feet at the trunk of the tree for protection. Tree plantings shall also be protected from automobiles with curbing or other suitable device that incorporate curb cuts or other openings, and grading to capture stormwater.

            3.   Trees shall be planted centered on islands.

            4.   Landscaping shall not obscure traffic signs, fire hydrants or sight distance within the parking lot and at driveway entrances, in accordance with § 153.142 of this chapter.

      (1)   Screening shall be required around all trash dumpsters in all zoning districts, except as may be provided elsewhere in this section.

      (2)   Solid waste dumpsters may be located in required buffers; provided, they are screened in accordance with this division (J).

      (3)   Screening shall be required even if the surrounding area or adjacent properties are not developed.

      (4)   When a property changes to a more intense land use, a special land use or when site plan approval is required, screening shall be provided in accordance with this section.

      (5)   (a)   Unless otherwise permitted in accordance with this section, a screen shall consist of a solid, sight-obscuring fence or wall that meets § 153.173 of this chapter. Additionally, the screen must meet the following:

            1.   A minimum height to completely obscure the sight of the container. Walls must be no greater than eight feet high.

            2.   Enclosed on all sides and does not contain any openings other than an access gate, which shall be closed at all times when not being used. A screen around staging or loading/unloading areas may provide an opening that does not contain an access gate;

            3.   Constructed of masonry, treated wood or other materials approved by the Planning Commission and must be durable, weather-resistant, rust-proof and easily maintained; and

            4.   A trash dumpster enclosure and gates shall be protected by bollards or other means to prevent vehicle damage.

         (b)   If approved by the Planning Commission, a screen may consist of berms or landscaping either in combination or as a substitute for a fence or wall. It must be determined that the alternate design shall either provide the same degree, or enhanced screening as required by this section.

      (6)   (a)   Placement cannot interfere with pedestrian or vehicular traffic.

         (b)   Walls must be maintained and kept in good condition by the property owner.

      (1)   An approved landscape, screening and buffering plan that meets the requirements of this section is required prior to approval of a site plan for activities listed in § 153.230 of this chapter.

      (2)   Planting plan specifications.

         (a)   A planting plan shall be provided to include the following.

         (b)   Minimum scale of one-inch equals 50 feet.

         (c)   Existing and proposed contours with contour interval not to exceed two feet.

         (d)   The planting plan shall indicate, to scale, the location, spacing and starting size for all proposed landscape material within the required buffer or landscaped area.

         (e)   The planting plan shall indicate all existing trees (four-inch caliper or greater) located in portions of the site that will be built upon or otherwise altered. Trees shall be labeled "To Be Removed" or "To Be Saved" on the site plan. The plan will include all existing or proposed utilities and easements.

         (f)   Typical straight cross section including slope, height and width of berms and type of ground cover or height and type of construction for all proposed walls, including footings.

         (g)   Significant construction details to resolve specific site conditions, e.g., green infrastructure, tree wells to preserve existing trees, culverts to maintain natural drainage patterns.

         (h)   Planting plans shall show all landscaped areas and plants listed in a table by common and botanic name and show quantities, size at planting and anticipated mature height and spread. Anticipated mature height and spread shall be shown with circles indicating anticipated plant size at maturity.

         (i)   A tree survey identifying the location and species of existing trees 12 inches or greater in caliper, measured at 12 inches off the ground, and identifying which trees are to be preserved. The Zoning Administrator may require an evaluation of the quality of the trees for purposes of determining which trees should be removed or preserved.

      (3)   Landscaping plans are subject to Planning Commission review and approval in all districts other than R1 and R2. The Zoning Administrator will review any required landscape plans in R1 and R2.

(Ord. 865, passed 1-19-2026) Penalty, see § 153.999

      (1)   The use of outdoor lighting is often necessary for adequate nighttime safety and utility, but common lighting practices can also interfere with other legitimate public concerns. Principles among these concerns are:

         (a)   The degradation of the nighttime visual environment by production of unsightly and dangerous glare;

         (b)   Lighting practices that interfere with the health and safety of Charlevoix's citizens and visitors;

         (c)   Unnecessary waste of energy and resources in the production of too much light or wasted light; and

         (d)   Interference in the use or enjoyment of property which is not intended to be illuminated at night, and the loss of the scenic view of the night sky due to increased urban sky-glow.

      (2)   The concerns of safety, utility and aesthetic appearance need not compete. Good modern lighting practices can provide adequate light for safety and utility without excessive glare or light pollution. In nearly all cases, careful attention to when, where and how much nighttime lighting is needed will lead to better lighting practices.

      (3)   The topography and atmospheric conditions in northern Michigan are uniquely suited for commercial and private astronomical observation in the area. Unnecessary or excessive uses of outdoor nighttime lighting have an adverse impact on astronomical observation even at relatively distant observatories.

      (4)   Accordingly, it is the intent of this Code to require lighting practices and systems which will minimize light pollution, glare, light trespass, and conserve energy while maintaining nighttime safety, utility, security and productivity.

   Figure 153.172 Example of Fully Shielded Light Fixtures

         (a)   Buildings and structures;

         (b)   Recreational areas;

         (c)   Parking lot lighting;

         (d)   Landscape lighting;

         (e)   Architectural lighting;

         (f)   Signs (advertising or other);

         (g)   Street lighting;

         (h)   Product display area lighting;

         (i)   Building overhangs and open canopies; or

         (j)   Security lighting.

         (a)   All light fixtures, including security lighting, shall be aimed and shielded so that the direct illumination shall be confined to the property boundaries of the source.

         (b)   Particular care is to be taken to ensure that the direct illumination does not fall onto or across any public or private street or road. Motion sensing light fixtures shall be fully shielded and properly adjusted, according to the manufacturer's instructions, to turn off when detected motion ceases.

         (a)   All lamp types above 2,000 lumens shall be fully shielded.

         (b)   Partially shielded light fixtures may be permitted subject to the approval of the Zoning Administrator.

         (c)   Partially shielded light fixtures are limited to a maximum of 5,500 lumens per net acre and shall not exceed 2,000 per lamp (see subsection (4) of this section).

         (a)   Total outdoor light output shall not exceed an average of .4356 lumens per net foot for all development except single-family residential uses. This cap is not intended to be achieved in all cases or as a design goal. Instead, design goals should be the lowest levels of lumens necessary to meet the lighting requirements of the site. Partially shielded light fixtures are limited to an average maximum of 7.92 lumens per net foot and are counted towards the 100,000 lumens per net acre cap.

         (b)   Seasonal decorations, permitted between November 15 and January 15, are not counted toward these limits. Lighting used for external illumination of signs is counted.

         (a)   Outdoor lighting for single-family residential uses is not subject to a lumens per net acre cap.

         (b)   Outdoor lighting for single-family residential uses is subject to the lamp fixture and shielding requirements.

         (a)   Class 1 lighting, including but not limited to sales, service, commercial, assembly, repair, maintenance, and industrial areas, may only continue in operation until 11:00 p.m. or for as long as the area is in active use but once off remain off during non-business hours.

         (b)   Class 2 lighting shall have no time restrictions except as specified by any conditions of approval. Uses that do not require all-night illumination are encouraged to turn off their outdoor lighting during night hours whenever possible.

         (c)   Class 3 lighting, except for flagpole lighting and low-wattage holiday decorations must be extinguished after 11:00 p.m. or when the business closes, whichever is later.

         (d)   Multi-class lighting, except for security lighting, must conform to the time limitations of the strictest class.

         (a)   All Class 3 lighting must be selected, designed, installed, and aimed so that there is a minimum amount of spill beyond the area intended to be lighted.

         (b)   Permanent exposed string lighting is not permitted except where permitted in the Central Business District.

         (c)   All Class 3 lighting must comply with the light trespass standards as described in division (D)(2) of this section.

         (d)   All Class 3 lighting shall comply with the lamp and shielding standards as described in division (D)(3) of this section.

         (e)   1.   Subject to the approval of the Zoning Administrator, uplighting or ground-mounted lighting may be allowed to accent unique features of a building and/or surrounding landscaping (such as outstanding architectural features, specimen trees with dense year-round foliage or large native shrub masses). Uplighting or ground-mounted lighting shall be designed and installed in such a manner as to minimize glare with special consideration in areas where there is vehicle and pedestrian traffic.

            2.   All lighting which is directed upwards shall be placed in such a manner that the angle of the lamp shall not be greater than 45 degrees measured from a horizontal plane to a line projected through the center of the lamp, and fixtures shall be fully shielded to contain and direct the light onto the feature to be lit.

      (10)   Searchlights, floodlights, laser source lights, strobe or flashing lights, illusion lights or any similar high intensity light shall not be permitted except in emergencies by police and fire personnel at their direction. Spot lights are permitted and must be directed downward 45 degrees from any neighboring property.

      (11)   On projects where an engineer or architect is required, the developer shall verify in writing to the city that all outdoor lighting was installed in accordance with the approved plans.

         (a)   Lighting for outdoor athletic fields, courts or tracks shall be considered Class 1.

         (b)   Lighting allowed in this section shall be subject to Planning Commission approval. When the proposed lumens per acre exceed the lumens per net acre limits, the installation shall be designed to achieve no greater than the minimum illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA).

         (c)   Every such lighting system design shall be certified by a Michigan registered engineer as conforming to all applicable restrictions of this Code.

         (d)   Such lighting shall not include any light trespass as determined by the Zoning Administrator.

         (e)   All events shall be scheduled so as to complete all activity and lights turned off by 10:00 p.m.

         (f)   Fully shielded lighting shall be required for fields designed for amateur, recreational or nonprofessional sports activity. For professional level sports facilities where fully, shielded fixtures are not utilized, acceptable luminaries shall include those which:

            1.   Are provided with internal or external glare control louvers, or both, and installed so as to minimize uplight and off-site light trespass as determined by the Zoning Administrator; and

            2.   Are installed and maintained with aiming angles that permit no greater than 2% of the light emitted by each fixture to project above the horizontal.

         (a)   All such lighting shall utilize fully shielded luminaries that are installed in a fashion that maintains the fully shielded characteristics.

         (b)   When the proposed lumens exceed the per acre limits, the installation shall be designed to achieve no greater than the minimum illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA).

         (c)   Such lighting shall not include any light trespass as determined by a Michigan registered engineer as conforming to all applicable restrictions of this Code.

         (a)   A site plan indicating the location of all lighting fixtures, both proposed and any already existing on the site.

         (b)   A description of each illuminating device, fixture, lamp, support and shield, both proposed and existing. The description shall include, but is not limited to, manufacturer's catalog cuts and illustrations (including sections where required); lamp types, wattages and initial lumen outputs.

         (c)   Such other information that the Zoning Administrator may determine is necessary to ensure compliance with this Code.

      (1)   Provides at least approximate equivalence to that applicable specific requirement of this Code.

      (2)   Is otherwise satisfactory and complies with the intent of this Code.

      (1)   All nonconforming outdoor light fixtures lawfully installed prior to and operable on the effective date of the ordinance codified in this Code are exempt from all requirements of this Code. However, there shall be no change in use or lamp type, or any replacement (except for same type and same-output lamp replacement) or structural alteration made, without conforming to all applicable requirements of this Code.

      (2)   In the event that an outdoor lighting fixture is abandoned or is damaged to the point of requiring repairs for safe operation, the repaired or replacement fixture shall comply with the provisions of this Code.

      (3)   Emergency lighting, used by police, firefighting, or medical personnel, or at their direction, is exempt from all requirements of this Code for as long as the emergency exists.

      (5)   Ornamental lighting that is incorporated into an architectural design, such as colored tubes, lighting of fountains, statuary or other outdoor art and other building elements (other than signs), provided that the light source is shielded to direct light onto the lighted element.

      (6)   Lighting for temporary events, such as fairs, carnivals and similar temporary outdoor uses.

(Prior Code, § 5.82) (Ord. 854, passed 12-16-2024) Penalty, see § 153.999

(Prior Code, § 5.83) Penalty, see § 153.999

(Prior Code, § 5.84) Penalty, see § 153.999