Charlevoix City Zoning Code

NON-RESIDENTIAL AND

MIXED USE DISTRICTS

§ 153.085 INTENT.

(A) GC, General Commercial District. This district accommodates retail and service establishments within the city, particularly along major corridors leading into and out of the city. The uses permitted in the GC District are intended to provide convenient and attractive retail, professional office and service establishments for the community and its rural trade area. This district is intended to accommodate larger scale commercial development and associated uses, due to larger lot sizes and consistency with the existing built commercial environment.

(B) CBD, Central Business District. This zone regulates land within the area traditionally considered to be Downtown Charlevoix. Its purpose is to support the central activity area of the city by accommodating a mix of retail, office, service, entertainment and residential uses in a walkable, pedestrian-friendly environment. Business uses which are inconsistent with this purpose or which detract from the convenience of this district are not permitted.

(C) CM, Commercial Mixed Use. This zone is intended to provide a transitional area between the GC and CBD districts on the south side and the CBD and R1 Districts north of the Bridge. This area south of the CBD includes a mix of residential and homes that have been converted to offices or mixed use buildings. Due to smaller lot sizes and structures with residential appearances, the area is intended for professional offices, mixed use buildings, retail and service establishments. This zone is intended to restrict larger scale commercial development, better suited for the outer north and south ends of the city.

(D) MC, Marine Commercial District. The MC District is established at locations in the community with water frontage to protect and promote the historic and unique heritage of the city. The historic marine use of the waterfront is a keystone to the ambiance of the “fishing village” feeling of the city. This district is intended to accommodate a mix of land uses including single-family, condominiums, marine related commercial and professional offices.

(E) CH, Commercial Hospitality District. The CH District provides for overnight lodging and complementary facilities and services, such as gift shops and restaurants. By precluding larger scale retail and other relatively intense commercial uses, it is intended to be limited to lodging and associated uses to complement the city as a vacation and wedding destination area.

(F) PO, Professional Office. This district is intended to accommodate uses that are administrative and/or professional in nature in appropriate areas, without adverse impacts to adjacent residential land uses.

(G) SR, Scenic Reserve District. The purpose of this district is to protect the scenic attributes of certain properties along the shores of the city’s abutting lakes where development has not occurred and views to and from the water remain relatively unspoiled. The visual connection to the water and the views from the lakes are considered essential elements of the city’s character that bring economic health and vitality to the community. Scenic reserve areas may also be forested lands or natural areas intended to be protected from future development because of their community or environmental value. Any uses permitted within this district must be undertaken in a manner that will respect the environment and the scenic or visual value of the designated areas. The SR District includes both public and private lands that are also highly valued for recreational activities.

(H) I, Industrial District. This zone is intended to accommodate the industrial needs of the entire community in such a manner that unreasonable noise, dust, vibration or any other like nuisance shall not affect adjoining properties.

(I) P, Public Facilities. This zone is intended to accommodate municipal, county and federal government related buildings and uses. Public facilities also include schools, public parking lots and the Charlevoix Public Library.

(Prior Code, § 5.30)

§ 153.086 SCHEDULE OF USES.

Uses permitted in non-residential/mixed use districts are listed in Table 153.086. Additional requirements related to a specific use, if any, are referenced in the “Specific Requirements” column. The requirements in footnotes are an integral part of this subchapter and shall apply in all instances.

Table 153.086: Allowed Uses, Non-Residential and Mixed Use Zones
P = Permitted Use by Right S = Special Land Use
		PO	GC	CBD	CH	MC	SR	I	P	CM	Specific Requirements
ACCESSORY
Accessory uses, buildings and structures		P	P	P	P	P	P	P	P	P	§ 153.116 (A)
Boathouses		-	-	-	-	P	S	-	-	-	§ 153.116 (E)
Dock, boat launch; accessory		-	-	-	-	P	P	-	-	-
Drive-through facility, except those serving a restaurant		-	P	P	-	-	-	-	-	P	§ 153.116 (G)
Outdoor display and sales		-	P	P	-	S	-	P	-	P	§ 153.116 (I)
Outdoor seating area for restaurants, taverns and similar uses serving food and beverages		-	P	P	P	P	P	-	-	P
Recreation and meeting facilities accessory to a motel/ hotel		-	P	P	P	-	-	-	-	-
Restaurant or retail store accessory to a motel/hotel		-	P	P	P	-	-	-	-	P
Solar panels		P	P	P	P	P	-	P	P	P	§ 153.116 (J)
Wind energy conversion system, single accessory		S	S	S	S	S	-	S	P	P	§ 153.116 (K)
RESIDENTIAL
Adult foster care group home		-	S1	-	-	-	-	-	-	-
Dwellings above the first floor		P2	P3	P	-	P	-	-	-	P
Convalescent and nursing homes		-	P	-	-	-	-	-	-	-
Dwellings
Multiple-family		-	P	P	P	P4	-	-	-	P
Single-family, attached		-	-	-	-	P	-	-	-	P	§ 153.117 (A)
Single-family, detached		-	-	-	-	P	-	-	-	P	§ 153.117(A)
OFFICES AND SERVICES
Bank/financial institution		P	P	P	-	-	-	-	-	P
Barber shop or beauty salon		-	P	P	P	P	-	-	-	P
Contractor’s shop, indoor only		-	P	-	-	-	-	P	-	-
Day care center/nursery		-	P	-	-	-	-	-	-	P	§ 153.121 (A)
Dry cleaning pick up/delivery		-	P	-	-	-	-	-	-	P
Kennel, commercial		-	-	-	-	-	-	P	-	-	§ 153.121 (B)
Laundry, self-service		-	P	-	-	-	-	-	-	P
Office/Professional		P	P	P	-	P	-	-	-	P
Medical and dental		P	P	P	-	P	-	-	-	P
Photography studio		P	P	P	-	P	-	-	-	P
Veterinary clinic or hospital		-	S	-	-	-	-	S	-	-	§ 153.121(C)
RECREATION AND OPEN SPACE
Dock, boat launch, public		-	-	P	-	P	P	-	-	-
Dock, private non-commercial		-	-	P	-	P	P	-	-	-
Health club and fitness center		-	P	P	P	-	-	P	-	P
Marina, public or private		-	-	-	-	P	-	-	-	-
Park, playground, beach; private		-	-	P	P	P	P	-	-	-
Park, playground, beach; public		-	P	P	P	P	P	P	P	P
Recreation facility/Athletic courts	Indoor	-	P	P	-	-	-	P	-	-
Recreation facility/Athletic courts	Outdoors	-	-	-	-	-	P	S	-	P	§ 153.119(A)
LODGING, DINING AND ENTERTAINMENT
Bakery and baked goods		-	P	P	P	P	-	-	-	P
Bed and breakfast		-	-	P	P	P	-	-	-	S	§ 153.116 (D)
Billiards, pool hall		-	P	-	-	-	-	-	-	-
Bowling alley		-	P	-	-	-	-	-	-	-
Brewpub		-	P	P	-	P	-	-	-	P
Fishing charter service		-	-	P	-	P	P	-	-	-
Lodges and private clubs		-	P	P	-	P	-	-	-	P
Motel or hotel		-	P	P	P	-	-	-	-	P
Restaurant with drive-through		-	P	-	-	-	-	-	-	-	§ 153.118 (B)
Restaurant without drive-through		-	P	P	P	P	-	P	-	P
Wine tasting room		-	P	P	P	P	-	-	-	P
Tavern		-	P	P	P	P	-	-	-	-
Theater, indoor		-	P	P	-	-	-	-	-	-
RETAIL
Any retail establishment with a gross leasable area greater than 15,000 sq. ft. (60,000 sq. ft. maximum)		-	P	-	-	-	-	P	-	-	§ 153.120
Building material, lumber, bulk storage yard		-	-	-	-	-	-	P	-	-
Convenience store		-	P	P	-	-	-	P	-	P
Floral shop/florist		-	P	P	-	P	-	-	-	P
Furniture and appliance sales		-	P	-	-	-	-	-	-	-
Grocery, meats, delicatessen		-	P	P	-	P	-	-	-	P
Nursery/garden shop		-	P	-	-	-	-	P	-	P
Retail sales of durable and dry goods: apparel, hardware, pharmaceuticals, books, gifts, jewelry, etc.		-	P	P	-	-	-	-	-	P
VEHICLE RELATED USES
Boat fuel/gasoline sales		-	P	-	-	S	-	-	-	-
Boat service and repair		-	P	-	-	P	-	P	-	-
Boat/marine sales and related retail (e.g., fishing equipment, etc.)		-	P	P	-	P	-	P	-	P
Public garages, parking lots/structures as a principal use		-	-	P	-	-	-	-	S	-
Vehicle service station with convenience retail, in conjunction with a bulk petroleum distribution facility		-	S	-	-	-	-	S	-	-
Vehicle service station, including accessory service/repair and/or convenience retail		-	P	-	-	-	-	P	-	-	§ 153.123 (C)
Vehicle parts sales, indoor only		-	P	-	-	-	-	P	-	-
Vehicle sales		-	P	-	-	-	-	P	-	-
Vehicle repair, major		-	-	-	-	-	-	P	-	-	§ 153.123 (A)
Vehicle repair, minor		-	S	-	-	-	-	P	-	-	§ 153.123 (B)
Vehicle wash establishment		-	S	-	-	-	-	P	-	-	§ 153.123(D)
PUBLIC/INSTITUTIONAL
Churches and customary related uses		P	P	P	P	P	P	P	P	P
Colleges and universities		-	S	S	-	-	-	S	S	S
Community centers		P	P	P	-	-	-	P	P	P
Hospital, clinic		P	P	P	-	-	-	-	-	P
Publicly owned building		P	P	P	P	P	P	P	P	P
School (elementary, middle and high)		-	-	P	-	-	-	-	P	S
INDUSTRIAL AND STORAGE
Boat/marine construction and maintenance equipment use and storage		-	-	-	-	P	-	P	-	-
Boat storage, indoor, in a permanent structure		-	-	-	-	P	-	P	-	-
Boat storage, outdoor (permanent)		-	-	-	-	-	-	P	-	-
Boat storage, outdoor (off season)		-	P	-	P	P	P	P	P	-
Manufacture, compounding, assembly and treatment of articles from prepared materials, such as metal, plastics, fiber and wood		-	S	-	-	S	-	P	-	-
Manufacturing, compounding, processing and packaging products, such as candy, cosmetics, pharmaceuticals and food products (but not refining or rendering)		-	S	-	-	-	-	P	-	-
Self-storage facility		-	-	-	-	-	-	P	-	-	§ 153.124 (A)
Warehousing, truck terminal, logistics and transportation equipment storage		-	-	-	-	-	-	P	-	-
OTHER USES
Essential services		P	P	P	P	P	P	P	P	P
Similar use		P	P	P	P	P	P	P	P	P	§ 153.125 (C)
Wireless telecommunication towers		-	S	-	-	-	-	S	S	-	§ 153.125(D)
NOTES TO TABLE: 1 Subject to any use restrictions and the area, height and setback requirements of the GC District. 2 Mixed use developments where dwelling units are proposed above professional offices shall comply with the area, height and placement requirements of the PO District. 3 Mixed use developments where dwelling units are proposed above GC structure shall comply with the area, height and placement requirements of the GC District. 4 Developments of a single multiple-family dwelling may be developed to the requirements of the R2 District, while Developments of more than one Multiple-family dwellings shall be developed to the requirements of the R4 District.

(Prior Code, § 5.31) (Ord. 805, passed 9-3-2019)

§ 153.087 AREA, HEIGHT AND PLACEMENT REQUIREMENTS.

All lots in the non-residential districts shall conform to the requirements of the Table 153.087. The requirements in footnotes are an integral part of this subchapter and shall apply in all instances.

Table 153.087: Dimensional Requirements, Non-Residential and Mixed Use Districts
Zoning District	Min. Lot Area (sq. ft.)	Min. Lot Width (ft.)	Max. Building Height (ft.)	Minimum Yard Setbacks (ft.)				Lot Coverage (%)
				Front	Side		Rear
				Front	Interior	Street Side	Rear
PO	NA	75	26	15	10	15	25	NA
GC	20,000	100	26	15	10	15	25	NA
CBD	NA	NA	40	0	0	0	01	NA
CH	43,560	150	30	25	202	20	301	50/803
MC	10,000	50	354	20	0	0	0	NA
SR	NA	NA	§ 153.088(A)	25	20/50	20/50	50	30
I	43,560	150	30	30	20	20	25	60
P	NA	100	35	20	10	15	15	NA
CM	6,000	50	MU-R 27, MU-CL 39	156	04	154&5	204	NA
NOTES TO TABLE: 1 The minimum rear yard in the CBD District when adjacent to the Pine River Channel or Round Lake shall be 50 feet. 2 In the CH District, the minimum side or rear yard adjacent to any residential district shall be 50 feet. 3 In the CH District, lot coverage of buildings shall not exceed 50%; lot coverage of all impervious surfaces shall not exceed 80%. 4 Non-residential: none, residential: see § 153.072 standards for R1 & R2 Districts. 5 Street side setbacks may be reduced to 10 feet for 2 story buildings and 10 feet for 3 story buildings with design review when the reduction improves the overall site design, design of the building or better integrates the building with its site and surroundings and a 6-foot-wide sidewalk is provided. 6 Front may be reduced to 10 feet with design review when the reduction improves the overall site design, design of the building or better integrates the building with its site and surroundings and a 10-foot-wide sidewalk is provided.

(Ord. 866, passed 1-19-2026)

§ 153.088 ADDITIONAL SR, SCENIC RESERVE, DISTRICT REQUIREMENTS.

(A) No building shall exceed 25 feet in height to the peak of the roof.

(B) Any path, road or similar passage within the setback shall be constructed and surfaced to effectively control erosion, and shall meet the requirements of this chapter and any other applicable regulations.

(Prior Code, § 5.33) Penalty, see § 153.999

§ 153.089 MIXED USED REGULATIONS.

(A) Purpose. The purpose of these zoning regulations is to implement the Master Plan.

(B) Applicability. The zoning regulations set forth in § 153.087 of this chapter shall apply citywide to all permit applications, as defined in this section. As they apply to the city's review and consideration of permit applications, these zoning regulations supersede any conflicting provisions of the existing zoning ordinance in effect on the effective date of these zoning regulations.

(C) Land use definitions to implement zoning regulations. The following definitions are for the purpose of implementing the zoning regulations established by § 153.087 of this chapter.

ARTISAN/SMALL-SCALE MANUFACTURING. The artisan/small-scale manufacturing use type refers to establishments primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or domestic mechanical equipment not exceeding five horsepower or kilns not exceeding 25 kilowatts, and the incidental direct sale to consumers of only those goods produced on site. Typical uses include ceramic studios, candle making shops, and custom jewelry manufacturers.

ARTIST'S STUDIO. Workspace for an artist or artisan, including individuals practicing one of the fine arts or performing arts, or an applied art or craft. This use may include incidental display and retail sales of items produced on the premises and instructional space for small groups of no more than 18 students per instruction. It does not include joint living and working units (see LIVE-WORK).

STUDIO-LIGHT. Small-scale art production is generally of a low impact and no more than a maximum floor area of 2,500 square feet. Typical uses include painting, photography, jewelry, glass, textile, and pottery studios.

STUDIO-HEAVY. Art production on a medium or large scale generally using heavy equipment and greater floor area than 2,500 square feet. Typical uses include large-scale metal and woodworking studios.

BREWPUB. A full-service or limited-service restaurant with a micro-brewery as an accessory use that meets the requirements of Michigan Liquor Control Commission, where no more than 5,000 barrels of beer are produced per year. A brewpub may sell other supplier's beer, including other hand-crafted or micro-brewed beers as well as wine to patrons for consumption on its premises.

BREWERIES, LIMITED. Small-scale facilities that produce beer and similar beverages onsite.

BREWERY, BREW-ON-PREMISES. A do-it-yourself brewery where customers produce craft style beer or wine on the premises of a brewery or micro-brewery. Customers also may purchase the ingredients, rent the equipment, time, and space, and be provided assistance by an on-site brewmaster.

MICRO-BREWERY. An establishment that produces annually less than 5,000 barrels of ales, beers, meads, hard ciders and/or similar beverages onsite. Micro-breweries may also serve beverages onsite and sell beverages for offsite consumption pursuant to the regulations of the Michigan Liquor Control Board and the Federal Bureau of Alcohol, Tobacco, and Firearms.

CATERING SERVICE. A business that prepares food for consumption on the premises of a client or at any other location separate from where the food was prepared.

CULTURAL FACILITY. Facilities engaged in activities to serve and promote aesthetic and educational interest in the community that are open to the public on a regular basis. This classification includes performing arts centers for theater, music, dance, and events; spaces for display or preservation of objects of interest in the arts or sciences; libraries; museums; and public art galleries. It does not include schools or institutions of higher education providing curricula of a general nature.

MEDIA PRODUCTION. Facilities for production of motion pictures, television, video, sound, computer, and other communications media production.

OFFICES FOR WALK-IN CLIENTELE. Offices providing direct services to patrons or clients without prior appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check-cashing facilities, which are separately classified and regulated.

PRINTING & PUBLISHING. A use engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other activities serving the printing trade such as bookbinding, typesetting, engraving, photo-engraving and electrotyping. This use also applies to the publishing of newspapers, books, and periodicals; manufacturing business forms and binding devices. Quick printing services are included in the printing and copying use classification.

RESEARCH AND DEVELOPMENT. The research and development use type refers to establishments primarily engaged in the research, development, and controlled production of high-technology electronic, industrial or scientific products or commodities for sale, but excludes uses that may be objectionable by reason of production of offensive odor, dust, noise, bright lights, vibration or the storage of hazardous material or products, or uses that threaten public safety. Typical uses include biotechnology and software development firms.

RETAIL SALES.

GENERAL RETAIL SALES, SMALL-SCALE. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with 15,000 square feet or less of sales area; including department stores, clothing stores, pet supply stores, small hardware and garden supply/nurseries stores, and businesses retailing goods including, but not limited to, the following: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, private art galleries, art supplies and services, glass and windows, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machines, computers, electronics, and similar small-item repairs.

GENERAL RETAIL SALES, LARGE-SCALE. Retail establishments with over 15,000 square feet of sales area that sell merchandise and bulk goods for individual consumption, including membership warehouse clubs, where sales of grocery items do not occupy more than 25 of the floor area.

WITH DRIVE-THROUGH. A retail establishment with drive-through facilities.

(D) Overlay districts established. The purpose of this division (D) is to establish the following overlay districts consistent with the Master Plan. The locations and boundaries of the overlay districts are delineated in Exhibit A attached to Ordinance 866 and incorporated herein.

(1) MU-R Residential Mixed Use. The Residential Mixed-Use District prioritizes residential development with associated non-residential development, neighborhood-scale retail and office space. In addition to a mix of housing types, other uses like live/work units, artist studios, and businesses that are less than 4,000 square feet are permitted. Residential units are required with densities ranging between 16 and 30 housing units per gross acre.

(2) MU-CL Commercial Mixed-Use Low. The Commercial Mixed-Use Low District provides for developments that integrate residential and non-residential uses. It is intended for a mixture of uses in a single building; however, if a mixture of uses is infeasible due to site constraints or development costs, single uses are allowed, including neighborhood and community retail; eating and drinking establishments; small- scale commercial recreation; residential; financial, business, and personal services; educational and social services; and offices. No separate residential density standards shall apply.

(E) Effect of section on existing zoning districts. To the extent that the existing zoning ordinance applies a different zoning district designation to any area within the boundaries of an overlay district established by this section, the zoning district designation of the existing zoning ordinance shall be superseded and have no force.

(F) Basis for Zoning Map. The zoning districts established in Exhibit A to Ordinance 866 are based on the Master Plan Land Use Designations for Mixed Use for pedestrian-oriented development.

(G) Zoning district regulations. The purpose of this division (G) is to establish use and development regulations for the zoning districts.

(1) Uses permitted, conditionally permitted, and prohibited. Land uses, as classified in the existing zoning ordinance and in this section, are permitted, conditionally permitted, or prohibited in the zoning districts as indicated in Table 1. Permitted uses are indicated by a "P", conditionally permitted uses are indicated by a "C", uses subject to specific standards are indicated by a "S", and prohibited uses are indicated by a blank. Where a subclassification, which is indented, has a different designation from the one given to the more general land use, that designation governs. Conditionally permitted uses are allowed upon the approval of a use permit pursuant to § 153.234 of this chapter and any additional findings that may be required by this section.

TABLE 1: LAND USE REGULATIONS FOR MIXED USE ZONES P = Permitted C = Conditional S = Specific Standards Apply; See § 153.234 Blank= Not Allowed
Zoning Districts	MU-R	MU-CL	Additional Regulations
A. Commercial Uses
1. Animal care and sales
Animal care facilities, excluding exterior pens or runs		C
Animal retail sales and supplies, excluding exterior pens or runs		C
Taxidermy shops
2. Business sales and service
Locksmith		P
Office furniture sales and rentals		P
Office supply and equipment shops (incl. accessory repair)
Printing and copy shops		P
Printing and publishing		P
3. Food and beverage service establishments, stores
Food service establishments	See subclassifications below		For restaurants, cocktail lounges and bars, with outdoor seating see § 153.118(C) Drive-through, see § 153.118(B) C if operating 24 hours or before 7:00 a.m. and/or adjacent to residential
With or without accessory serving of beer or wine	CS*	P
With a bar, live entertainment or dancing		CS
With drive-through use		CS
Food and beverage stores, specialty	P	P
Bakeries, retail	P*	P*
Brewpubs		CS
Catering service
Convenience market	C	P
Grocery stores and supermarkets		P
Liquor stores		C*
4. Motor vehicle sales and service
Sales, new or used vehicles (including repair accessory to sales)
Sales, parts and supplies (and accessory service)
5. Personal services
Artist studio, light	P	P
Artist's studio, heavy		P	*C if > than 5,000 sf
Barber shops, beauty salons, nail salons, personal grooming	P	P
Check cashing, bail bond services
Dry cleaning, laundromats, laundries		P*
Mail services	P	P
Shoe repair and shoeshine	P	P
Tailor/seamstress	P	P
Travel agencies		P
Weight loss establishments		P
6. Recreation facilities, commercial
Health clubs/gyms		P	*C if > than 3,000 sf
Health spas, nails, other	P*	P	*C if > than 3,000 sf
7. Retail uses
Auction house			*C if > than 5,000 sf Drive-through, see § 153.118(B)
General Retail Sales	See subclassifications below
Large scale
Small scale		P
With drive through uses		CS
Secondhand and consignment shops		P
Shopping centers
8. Visitor accommodations
Hotels, motels, STRs		P*	*C if > than 10,000 sf
Visitor information centers		P	*C if > than 10,000 sf
B. Industrial Uses
Artisan/small-scale manufacturing		P
"Boutique" food processing with retail sales		P
C. Offices and Related Uses
1. Financial services
Banks, savings and loans, and other financial institutions		P*	*C if > than 5,000 sf
Financial services offices		P	*C if > than 5,000 sf
2. Offices and Related Uses
Clinics		C
Media production		P
Medical, dental and health-related offices		P*	*C if > than 5,000 sf
Office (administrative, business, and professional)		P*	*C if > than 5,000 sf
Offices with walk-in clientele	P	P
D. Public and Quasi-Public Uses
1. General
Clubs and lodges, including for youth		P
Cultural facility		P
Other public/quasi-public uses of an administrative, educational, religious, communications or public service nature		P
2. Schools
Parochial, private	C	C
Public	P	P
Vocational, business trades
3. Transportation facilities
Parking facilities, commercial or municipal (5+ spaces)		C
Transit or bus stations
Single-family attached	P	P	For condominiums, see § 153.117(B)
Multifamily residential	P	P	For condominiums, see § 153.117(B)
Group residential, including SROs	CS	CS
Live/work developments		C
Residential care facilities
Small (0-6 residents)		P
Large (7 or more residents)		CS
Day care facility, child or adult (up to 6 children or 6 adults)	P	P
Day care center (13 or more children or 7 or more adults)		CS
F. Accessory Structures and Uses
Accessory structures and uses	P if principal use is permitted; C if principal use requires a use permit. See § 153.116
Automatic teller machines		P
G. Other Uses
Nonresidential condominiums		P	See standards § 153.117(B)

(2) Additional land use regulations.

(a) Mixed use development. Mixed use development is permitted on a site that (i) is designated for mixed uses by the Master Plan, (ii) all of the proposed uses are permitted in the applicable zoning district, and (iii) no conversion of an existing residential rental unit is proposed with the exception of division (2)(b) below.

(b) Residential rental units. Conversion of existing residential rental units to nonresidential units is allowed only with a conditional use permit and is subject to the same standards as new development unless waived by the Planning Commission.

(c) Commercial development in MU-R District. Commercial only development is not allowed. The area devoted to commercial uses cannot exceed 30% of the total building floor area, and all non-residential uses must be located at the ground level.

(3) Development standards. The development standards for the Commercial Mixed-Use Zoning Districts are shown in Table 2.

TABLE 2: CM USE DISTRICTS - PROPERTY DEVELOPMENT STANDARDS
Property Development Standards	MU-R	MU-CL	Additional Standards
Maximum density (units/gross acre)	30*	NA	* >.5 round up
Maximum height (in feet)	27	39
Maximum number of stories	2	3
Minimum lot area (sq. ft.)	6,000	6,000
Minimum lot frontage (feet) at front property line	50	50
Front setback (feet)
- Arterial or collector	15	10	(1)
- Local street	15	15	(1)
Street side setback (feet)
- Arterial or collector	15	15	(2) (3)
- Local street	15	15	(2) (3)
Garage door setbacks from street (feet)	20	20
Side and rear setback (feet)	Non-residential: none, residential: see § 153.072 standards for R1 & R2 Districts
Notes: (1) Front may be reduced to 10 feet with design review when the reduction improves the overall site design, design of the building or better integrates the building with its site and surroundings and a 10-foot-wide sidewalk is provided. (2) Street side setbacks may be reduced to 10 feet for 2 story buildings and 10 feet for 3 story buildings with design review when the reduction improves the overall site design, design of the building or better integrates the building with its site and surroundings and a 6-foot-wide sidewalk is provided. (3) Commercial and mixed-use development on land that abuts a residential district will be designed and constructed, and will be operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity; will be compatible with adjacent uses of land; and will not change the essential character of the area in which it is proposed.

(4) Build-to line, MU-CL. Buildings shall be constructed at the street frontage or required setback line (the "build-to" line) for at least 60% of the building frontage. Portions of the area between the building and lot line shall be paved so that it functions as a wider public sidewalk and public areas. This requirement may be modified or waived by the Planning Commission upon finding that:

(a) Substantial landscaping will be located between the build-to line and ground floor residential units to soften visual impact of buildings;

(b) Entry courtyards, plazas, entries, or outdoor eating and display areas will be located between the build-to line and building, provided that the buildings will be built to the edge of the courtyard, plaza, or outdoor dining area; or

(c) The building will incorporate an alternative entrance design that will create a welcoming entry feature facing the street.

(5) Required side and rear yards for residential uses. In order to provide light and air for residential units, the following minimum setbacks apply to any building wall containing windows for residential units and facing an interior side or rear yard.

(a) For any wall containing windows, a setback of at least five feet shall be provided.

(b) For any wall containing bedroom windows, a setback of at least ten feet shall be provided.

(c) For any wall containing a living room or other primary room windows, a setback of at least ten feet shall be provided.

(d) The required setbacks apply to that portion of the building wall containing a window and extending three feet on either side of the window.

(6) Minimum ground-floor height. The minimum ground-floor height shall be ten feet for residential uses and 12 feet for non-residential uses.

(7) Exceptions to maximum height limits.

(a) Architectural features. A parapet wall, cornice, cupolas or mechanical equipment may project up to four feet above the maximum height limit.

(b) Towers. If the project site is greater than 15,000 square feet, a tower or other projecting architectural elements may extend up to 12 feet above the top of a pitched roof, provided that the square footage of the element(s) do not total more than 15% of the building footprint. The area above the uppermost permitted floor of the element(s) shall not be a habitable space.

1. The composition of the tower element shall be balanced, where the width of the tower has a proportional relationship to the height of the tower.

2. The tower element shall be proportional to the rest of the building.

3. The tower element shall not be stepped back at any point,

4. The maximum horizontal dimension of the tower element shall not exceed 52 feet. Fenestration shall be greater at the base of the tower than at the top.

5. The roof shall include architectural detailing, such as a cornice or eave.

(8) Upper story limitations. For the MU-CL Zoning District abutting a R1 or R2 Residential Zoning District, the top story of all three-story buildings shall contain only residential uses and shall be stepped back a minimum of ten feet from the story below on the abutting side.

(9) Wide buildings. Any building over 50 feet wide shall be broken down to read as a series of buildings no wider than 50 feet each or 30 feet in the MU-R Zoning District. Increases in the maximum building width may be approved through design review if recesses, offsets, or other architectural articulation modulate a "box-like" appearance.

(10) Maximum building length and length of blank walls. The maximum building length is 100 feet. See Table 3. This limitation does not apply to buildings with unique design requirements, such as gyms and auditoriums. Increases in the maximum building length may be approved through design review if recesses, offsets, or other architectural articulation modulate a "box-like" appearance. The maxi mum lengt h of blank walls is ten feet on the groun d floor and 25 feet on upper floors .

District	MU-R	MU-CL	Additional Regulations	#
Maximum building length (ft.)	100	100
Maximum length of blank wall (ft.)	10 for ground floor, 25 for upper floors	10 for ground floor, 25 for upper floors		1
Bay window	Max. 2 feet from primary facade and min. 12 feet above			2
Awnings & overhangs (ft.)	Max. 4 feet from primary facade and 8 feet above sidewalk grade above public ROW			3
Awning setback from curb	Min. 4 feet clear			4

(11) Building projections. The maximum width of any projection, including bay windows, is ten feet, and the total of all projections along a building face may not be more than ten feet wide or 25% of the building frontage, whichever is greater.

(12) Building orientation and entrances.

(a) Buildings shall be oriented to face public streets or pedestrian-oriented areas.

(b) Building frontages shall be generally parallel to streets, and the primary building entrances shall be located on or within 15 feet of a public sidewalk.

(c) At least one entrance shall be provided per 100 linear feet of building frontage unless the building has unique security needs.

(d) Entrances located at corners shall generally be oriented at a 45-degree angle to the corner and shall have a distinct architectural treatment to animate the intersection and facilitate pedestrian flow around the corner. Different treatments may include angled or rounded comers, arches, and other architectural elements.

(e) Entrances to residential units shall be physically separated from the entrance to the permitted commercial uses and clearly marked with a physical feature incorporated into the building or an appropriately scaled element applied to the facade.

(13) Building transparency; required openings for non-residenti al uses. Exterior walls facing and within 15 feet of a front or street side property line shall include windows, glass doors, or other openings for at least 60% of the building wall area located between two and one-half and seven feet above the level of the sidewalk (see Figure 1). No wall may run in a continuous plane for more than 25 feet without a window or other opening.

(a) Design of required openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least two feet deep.

(b) Exceptions for parking garages. Garages are not required to meet the building transparency requirement of this subsection. Instead, they must be screened with buffer landscaping.

(c) Alternatives through design review. Alternatives to the building transparency requirement may be approved if the Planning Commission finds that:

1. The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, such as in the case of a cinema or theater; and

2. Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

(14) Building design and articulation. Buildings shall provide adequate architectural articulation and detail to avoid a bulky and "box-like" appearance. Building design shall reflect and complement the architectural style of significant historic buildings within the city. This may be accomplished through the incorporation of architectural style, colors, and materials similar to those used for historic buildings in the city. The following standards apply to development projects in the Mixed-Use Districts:

(a) Massing. Building massing shall align with the street grid of adjacent blocks.

(b) Relation to existing buildings. Buildings shall be designed to appear integrated with existing buildings in the district.

(c) Vertical relationship. Buildings shall be designed to have a distinctive base (ground floor level), middle (intermediate upper floor levels), and top (either top floor or roof level). Cornices, balconies, roof terraces, and other architectural elements should be used, as appropriate, to terminate rooflines and accentuate setbacks between stories.

(d) Windows.

1. Window frames shall be inset at least two inches from the face of the building to enhance shadow-line around opening.

2. Snap-in vinyl mullions between double pane glass is prohibited. If a divided light appearance is desired, mullions must be made of dimensional material projecting in front of the panes on both the inside and outside of the window.

3. Exceptions may be granted through the design review process to accommodate alternative window design complementary to the architectural style of the structure.

(e) Exterior building materials and colors.

1. A unified palette of materials shall be used on all sides of buildings.

2. Exterior building materials shall be stone, brick, stucco, architectural concrete block, painted wood clapboard, painted metal clapboard or other quality, durable materials approved through the design review process.

3. A wainscoting of quality materials on the bottom of the ground floor facade may be required.

4. Colors shall be used to help delineate windows and other architectural features to increase architectural interest.

(f) Building details.

1. Building facades shall include building projections or recesses, doorway and window trim, and other details that provide architectural articulation and design interest.

2. All applied surface ornamentation or decorative detailing shall be consistent with the architectural style of the building.

3. All balconies shall have a minimum horizontal dimension of two feet.

4. Each side of the building that is visible from a public right-of-way shall be designed with a complementary level of detailing.

(15) Pedestrian access.

(a) Internal connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

(b) To circulation network. Regular connections between on- site walkways and the public sidewalk and other pedestrian walkways within the project shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

(c) To neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible, while still providing safety and security.

(d) Interior pedestrian walkway design.

1. Walkways shall have a minimum clear, unobstructed width of six feet, where feasible, but at least four feet, shall be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material.

2. Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.

3. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

(16) Limitations on location of parking. Parking may be located within 40 feet of the street facing property line in accordance with Table 4 and the following standards.

(a) Underground and partially submerged parking. Parking completely or partially underground, may match the setbacks of the main structure. The maximum height of a parking podium visible from a street is five feet from finished grade.

1. Surface parking. Above ground surface parking may be located within 40 feet of a street facing property line if the decision-making body makes all of the following findings;

2. Buildings are built close to the public sidewalk to the maximum extent feasible;

3. The parking area is screened along the public right-of-way with a wall, hedge, trellis, and/or landscaping; and

4. The site is small and constrained such that underground, partially submerged, or surface parking located more than 40 feet from the street frontage is not feasible.

(17) Residential open space. Residential open space is required for any mixed-use development with dwelling units (see Table 5); it may be provided as common or private open space. Private areas consist of balconies, decks, patios, or fenced yards directly accessible from the residence. Common areas consist of landscaped areas, walks, patios, swimming pools, barbeque areas, playgrounds, turf, rooftop areas, or other such improvements as are appropriate to enhance the outdoor living environment of the development. Landscaped courtyard entries that are oriented towards the public street which create a welcoming entry feature are also considered common areas. All areas not improved with buildings, parking, vehicular accessways, trash enclosures, and similar items or devoted to perimeter landscaping shall be developed as common areas with the types of attributes described above.

TABLE 4: PARKING AND LOADING STANDARDS - MIXED-USE DISTRICTS

District	MU-R	MU-CL	Additional Regulation s	#
Setback from Street Property Line (ft.)	40 ft.; buildings shall be placed as close to the street as possible, with parking underground, behind a building, or on the interior side or rear of the site.			14
Setback from Buildings and Public Plazas (ft.)	5 ft. walkway plus 3 ft. landscaping; applicable only to above ground parking.			15
Access Location	Side street or alley wherever possible
Curb Cuts	Minimized and in area least likely to impede			16
Loading/Service Area	Side or rear of lot; must be screened from public ROW			17

TABLE 5: LANDSCAPING AND OPEN SPACE STANDARDS - MIXED-USE DISTRICTS
District	MR-R	MU-CL	Additional Regulations
Minimum Residential Private Open Space (sq. ft. per unit)	65	75
Minimum Public Open Space	For residential and mixed-use development: 60 sq. ft. per unit; for non-residential development: 10% of site
Minimum Amount of Landscaping (% of site)	10	15

(a) Minimum dimensions.

1. Private open space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no horizontal dimension less than ten feet. Private open space located above ground level (e.g., balconies) shall have no horizontal dimension less than six feet.

2. Common open space. Minimum horizontal dimension of 20 feet.

(b) Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. The maximum slope shall not exceed 10%.

1. Private open space. The space shall be accessible to only one living unit by a doorway to a habitable room or hallway.

2. Common open space. The space shall be accessible to all of the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a habitable room.

(H) Mixed Use Residential District. The Mixed Use Residential (MU-R) District applies to frontages on arterial streets that are designated for a pedestrian orientation in the MU-R Overlay District. This designation is intended to unify and strengthen the commercials where it applies by establishing standards that will create active street fronts with widened sidewalks and improved pedestrian connections.

(1) Street frontage improvements. New development subject to an MU-R Overlay District shall provide street frontage improvements in accordance with the following:

(a) Between the property line and curb.

1. Sidewalks. Sidewalks that are six to ten feet wide shall be provided if none exist or if the existing sidewalks are in poor condition.

2. Street furniture. Trash receptacles, benches, bike racks, and other street furniture shall be provided.

3. Landscaping. Street landscaping will meet § 153.171 of this chapter and § 152.05 of the Tree Ordinance of the city.

(b) Interior from property line. Except where occupied by a building or necessary for parking access, the street frontage, for a depth of ten feet from the property line, shall be utilized for pedestrian circulation or active outdoor uses, including, but not limited to outdoor dining; paved for public uses so that it functions as part of a wider public sidewalk; or improved with landscaping, public art, and/or pedestrian amenities, such as outdoor seating.

(2) Building orientation and entrances.

(a) Buildings shall be oriented to face public streets.

(b) Building frontages shall be generally parallel to streets, and the primary building entrances shall be located on or within 20 feet of a public sidewalk.

(c) At least one entrance shall be provided per 100 linear feet of building frontage unless the building has unique security needs.

(3) Building transparency; required openings for non-residential uses. Exterior walls facing and within 20 feet of a front or street side property line shall include windows, glass doors, or other openings for at least 60% of the building wall area located between two and one-half and seven feet above the level of the sidewalk. No wall may run in a continuous plane for more than 25 feet without a window or other opening.

FIGURE 2: REQUIRED OPENINGS FOR NON-RESIDENTIAL USES IN A MIXED USE RESIDENTIAL OVERLAY DISTRICT

(b) Exceptions for parking garages. First floor garages are not required to meet the building transparency requirement of this subsection. Instead, they must be screened with buffer landscaping.

(c) Alternatives through design review. Alternatives to the building transparency requirement may be approved through the design review process if the Planning Commission makes all of the following findings:

1. The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, such as in the case of a cinema or theater; and

2. Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

(4) Pedestrian access.

(b) To circulation network. Regular connections between on- site walkways and the public sidewalk and other planned or existing pedestrian routes and trails shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

(d) To transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.

Interior Pedestrian Walkway Design.

2. Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.

(I) Permit application review process.

(1) Process for review of permit applications. Each permit application shall be subject to the review procedure set forth below.

(a) Preliminary determination of commercial mixed-use standards consistency. Under Step 1 of this permit application review process, the Director shall make a preliminary determination regarding whether the project described in the permit application is consistent with the commercial mixed-use standards by determining whether the project (i) is permitted under the applicable zoning ordinance land use designation, and (ii) considering all its aspects, will further the goals, objectives and policies of the commercial mixed-use standards and not obstruct their attainment.

(b) If the Director determines that the project described in the permit application is not consistent with the commercial mixed-use standards, the permit application shall not be further reviewed or processed until the applicant revises the project to be consistent with the commercial mixed-use standards and/or files an application for a zoning variance. If the Director determines that the project described in the permit application is consistent with the commercial mixed-use standards, the permit application shall continue. The permit application shall be reviewed and processed in accordance with the applicable development standards of the existing zoning district, including whether the proposed use is permitted by right, conditionally permitted, or not allowed.

(c) The permit application shall then be reviewed and processed in accordance with all of the applicable land use regulations set forth in the city zoning ordinance.

(d) Appeal of Step 1 preliminary determinations. Upon completion of this Step 1, the Director shall issue to the applicant written notice of its Step 1 determinations (the "Preliminary Determinations Notice"). Not later than ten days following the issuance of the Preliminary Determinations Notice, the applicant may file a single appeal to any or all of the Step 1 determinations set forth in the Preliminary Determinations Notice in accordance with the appeal procedures set forth in § 153.240 of this chapter. Any appeal by the applicant must address all of the Step 1 determinations set forth in the Preliminary Determinations Notice, and failure to address any Step 1 determination in an applicant's appeal will result in the applicant's waiver of its right to appeal such determination. No appeal of a Step 1 determination may be made by an applicant unless and until the Director has issued the Preliminary Determinations Notice. If no appeal is filed within ten days of the issuance of the Preliminary Determination Notice, the permit application will proceed to the decision-making body for review and action on the permit application.

(e) Step 2: final review and action by the Planning Commission; required findings to support approval of permit application. Upon completion of Step 1 above, including the completion of any appeal from a Preliminary Determinations Notice, the permit application shall be reviewed and processed in accordance with all of the applicable land use and development standards of the applicable zoning district as determined in Step 1 and acted upon by the Planning Commission. During the effective period of this section, no permit application may be approved unless and until the Planning Commission makes each and all of the following findings regarding the project described in the permit application, in addition to any other findings required by the applicable provisions of the zoning ordinance and this section:

1. The project will further the goals, objectives and policies of the commercial mixed-use standards and not obstruct their attainment; and

2. The project substantially conforms to the zoning ordinance requirements of the applicable zoning district.

(2) Appeal of action by decision-making body on permit application. Any action on a permit application by the decision-making body pursuant to this section may be appealed in accordance with the procedures set forth in § 153.240 of this chapter.

(3) Generally applicable laws. Nothing in this section shall be interpreted as exempting permit applications or development proposals from compliance with generally applicable state or local laws or regulations. Nothing in this section shall be construed to limit the rights of a property owner to apply to the city for a zoning amendment or general plan amendment pursuant to the procedures set forth in the zoning ordinance.

(Ord. 866, passed 1-19-2026)

§ 153.090 ARCHITECTURAL DESIGN STANDARDS COMMERCIAL MIXED-USE.

Commercial mixed-use should respect adjacent development and provide a pleasing pedestrian street orientation and comfortable living environments. This section for commercial mixed-use includes design goals and guidelines organized into six categories:

1. Site Planning

2. Ground Floor Land Use

3. Architectural Design

4. Lighting

5. Materials and Color

6. Streetscape

1. Site Planning

Mixed-use residential projects should be designed to create new and enhance existing pedestrian friendly streets that are effective social and economic centers for neighborhoods and the community.

Vertical Mixed-use:

• Mixed-use residential projects in existing storefront districts should be designed to fit into the block reflecting the scale and rhythms found along the street edge. The majority of new structures should be a minimum of two stories. When possible, view corridors to protect established views from a given observer against building development of Lake Charlevoix or other specific point of interest should be left within a development.

• New areas should establish a pattern and design that provides multi-modal transit-oriented businesses and life styles.

• Storefront edges should be set back from the curb to accommodate outdoor eating or other anticipated activities and amenities.

• Mixed-use residential projects should be oriented to take advantage of foot traffic and visibility from the street.

• Storefront edges should be transparent with a short kickplate, a full height storefront, and transom windows.

• Parking lots or structures for residents and ground floor commercial tenants should not separate the project from the street edge. Place parking to the side, rear or within a mixed-use project so as to not interrupt the pedestrian orientation.

• Project surface parking areas should be shaded and visually screened from the sidewalk with landscaping.

• Underground parking structures where possible are encouraged.

• Access drives to parking should be located to minimize their impact on pedestrians.

• Projects should be set back to traditional front yard depth on residential streets.

Horizontal Mixed-use:

• Adjacent commercial and multi-family residential uses should be designed to create and share public spaces and streets.

• Pedestrian connections between commercial and residential developments should be active and friendly.

• Commercial storefront uses should face public spaces and street edges.

• Large blank walls should not face streets or walkways.

• Residential entries and lobbies should face streets and common open spaces.

• Landscape concepts should enhance the linkages between residential and commercial uses.

• Signage, lighting, and landscaping should provide a thematic identity for mixed-use sites.

• S er vi c e ar e as fo r c o mmercial uses should be located at the edge of the site and screened to reduce impacts on residents.

• Unnecessary tall concrete block sound walls should not separate commercial uses from residential uses.

2. Ground Floor Activities

Ground floor uses in residential mixed-use projects should generally take advantage of visual and physical pedestrian access and support economic objectives for the neighborhood or district.

• Mixed-use projects in the Downtown and neighborhood commercial areas area need to satisfy economic and social objectives for storefront shopping and commercial services.

IMAGE

• When ground floor commercial uses are not possible, projects should include common amenities for projects, such as health clubs and meeting space.

• For lower foot traffic areas, ground floor uses can include live-work spaces that take advantage of walk-in access for clients.

• Portions of a project's edges facing residential streets should include front stoops, yards, and entry porches.

• Projects shall not have blank walls or parking garages along public streets and sidewalks.

3. Architectural Design

The architectural design of mixed-use projects should reflect the historic or traditional context utilizing design elements and forms that fit the neighborhood or district.

• A mixed-use building's form and design should have a deliberate street and street corner orientation.

• Upper levels should have expressive design features, such as balconies and bay windows, that give the building a rhythm and residential scale.

• Roof forms should reflect the project's architectural context. In a commercial context, the roof may be flat or have a strong horizontal cornice element. In a residential neighborhood edge or village context, roof forms should include hip or gable elements.

• The massing concepts of multi-story mixed-use development should transition in scale between commercial streets and smaller single family residential streets.

Design concepts may include:

- Stepping down the scale and mass and increasing side or rear yard setbacks of taller mixed-use projects where they adjacent to existing single-family areas;

- Use residential roof forms on residential streets;

- Orienting units towards public streets and commons rather than neighboring backyards;

- Enclosing parking to reduce the impact on adjacent houses; and/or

- Interfacing single and mixed-use development with streets or open spaces in new developments.

4. Lighting

Lighting should be an integral part of the plannin g and design of mixed- use projects anticipa ting the needs of the shopping street, storefro nt businesses, and residents.

• Lighting on commercial elevations of mixed-use projects should support overall objectives for the street and storefront design.

• Residential front porches should have individual lights that illuminate entries and walkways.

• Lighting in common areas should be shielded from adjacent residential units.

• All lighting should be shielded and meet the intent of Dark Sky Ordinances.

5. Materials and Color

Selection of materials and finishes should reflect the materials in the district and support overall image and massing concepts.

• Commercial frontage portions of mixed-use projects should utilize materials and colors that support retailing and image objectives for shopping environments.

• Portions of mixed-use projects with residential frontage should use colors and materials that enhance the project's architectural concepts and are compatible with adjacent residential streets.

• Architecture within each mixed-use project should use a palette of materials that convey an image of quality and durability. Certain materials have an inherently inexpensive, insubstantial, or garish quality. These materials should not be used in new construction or renovation.

Examples include:

Roofs: glazed or painted tiles, highly reflective metal or sheet materials, fake shingles made from metal or plastic materials.

Walls: vinyl, metal, plywood, T-111 siding, Masonite or other sheet materials.

• Wood or hardboard siding, if used, should be, lap, shiplap or board-and-batten.

• Shiplap should be installed so there are no visible joints. Board-and-batten should be installed so there are no visible joints in the underlying "board" material.

• Painted surfaces should use colors that reinforce architectural concepts and are compatible with natural materials, such as brick or stone.

6. Streetscape

New and infill mixed-use residential projects should provide street trees, lighting and street furniture that support the streetscape concepts for the district.

• Sidewalks adjacent to mixed-use development should be wide enough to accommodate outdoor sitting areas and landscape. This should include an area for planting, for sitting, and for pedestrian travel.

• Street trees are required for sidewalk areas. Trees should be spaced to be coordinated with the bay spacing and storefront design of the project. Coordination of tree types with the Shade Tree Commission is encouraged.

• Street furniture and pedestrian-scale lighting should be included in development planning for mixed-use projects.

(Ord. 866, passed 1-19-2026)

Charlevoix City Zoning Code

NON-RESIDENTIAL AND

MIXED USE DISTRICTS

§ 153.085 INTENT.

(Prior Code, § 5.30)

§ 153.086 SCHEDULE OF USES.

Table 153.086: Allowed Uses, Non-Residential and Mixed Use Zones
P = Permitted Use by Right S = Special Land Use
		PO	GC	CBD	CH	MC	SR	I	P	CM	Specific Requirements
ACCESSORY
Accessory uses, buildings and structures		P	P	P	P	P	P	P	P	P	§ 153.116 (A)
Boathouses		-	-	-	-	P	S	-	-	-	§ 153.116 (E)
Dock, boat launch; accessory		-	-	-	-	P	P	-	-	-
Drive-through facility, except those serving a restaurant		-	P	P	-	-	-	-	-	P	§ 153.116 (G)
Outdoor display and sales		-	P	P	-	S	-	P	-	P	§ 153.116 (I)
Outdoor seating area for restaurants, taverns and similar uses serving food and beverages		-	P	P	P	P	P	-	-	P
Recreation and meeting facilities accessory to a motel/ hotel		-	P	P	P	-	-	-	-	-
Restaurant or retail store accessory to a motel/hotel		-	P	P	P	-	-	-	-	P
Solar panels		P	P	P	P	P	-	P	P	P	§ 153.116 (J)
Wind energy conversion system, single accessory		S	S	S	S	S	-	S	P	P	§ 153.116 (K)
RESIDENTIAL
Adult foster care group home		-	S1	-	-	-	-	-	-	-
Dwellings above the first floor		P2	P3	P	-	P	-	-	-	P
Convalescent and nursing homes		-	P	-	-	-	-	-	-	-
Dwellings
Multiple-family		-	P	P	P	P4	-	-	-	P
Single-family, attached		-	-	-	-	P	-	-	-	P	§ 153.117 (A)
Single-family, detached		-	-	-	-	P	-	-	-	P	§ 153.117(A)
OFFICES AND SERVICES
Bank/financial institution		P	P	P	-	-	-	-	-	P
Barber shop or beauty salon		-	P	P	P	P	-	-	-	P
Contractor’s shop, indoor only		-	P	-	-	-	-	P	-	-
Day care center/nursery		-	P	-	-	-	-	-	-	P	§ 153.121 (A)
Dry cleaning pick up/delivery		-	P	-	-	-	-	-	-	P
Kennel, commercial		-	-	-	-	-	-	P	-	-	§ 153.121 (B)
Laundry, self-service		-	P	-	-	-	-	-	-	P
Office/Professional		P	P	P	-	P	-	-	-	P
Medical and dental		P	P	P	-	P	-	-	-	P
Photography studio		P	P	P	-	P	-	-	-	P
Veterinary clinic or hospital		-	S	-	-	-	-	S	-	-	§ 153.121(C)
RECREATION AND OPEN SPACE
Dock, boat launch, public		-	-	P	-	P	P	-	-	-
Dock, private non-commercial		-	-	P	-	P	P	-	-	-
Health club and fitness center		-	P	P	P	-	-	P	-	P
Marina, public or private		-	-	-	-	P	-	-	-	-
Park, playground, beach; private		-	-	P	P	P	P	-	-	-
Park, playground, beach; public		-	P	P	P	P	P	P	P	P
Recreation facility/Athletic courts	Indoor	-	P	P	-	-	-	P	-	-
Recreation facility/Athletic courts	Outdoors	-	-	-	-	-	P	S	-	P	§ 153.119(A)
LODGING, DINING AND ENTERTAINMENT
Bakery and baked goods		-	P	P	P	P	-	-	-	P
Bed and breakfast		-	-	P	P	P	-	-	-	S	§ 153.116 (D)
Billiards, pool hall		-	P	-	-	-	-	-	-	-
Bowling alley		-	P	-	-	-	-	-	-	-
Brewpub		-	P	P	-	P	-	-	-	P
Fishing charter service		-	-	P	-	P	P	-	-	-
Lodges and private clubs		-	P	P	-	P	-	-	-	P
Motel or hotel		-	P	P	P	-	-	-	-	P
Restaurant with drive-through		-	P	-	-	-	-	-	-	-	§ 153.118 (B)
Restaurant without drive-through		-	P	P	P	P	-	P	-	P
Wine tasting room		-	P	P	P	P	-	-	-	P
Tavern		-	P	P	P	P	-	-	-	-
Theater, indoor		-	P	P	-	-	-	-	-	-
RETAIL
Any retail establishment with a gross leasable area greater than 15,000 sq. ft. (60,000 sq. ft. maximum)		-	P	-	-	-	-	P	-	-	§ 153.120
Building material, lumber, bulk storage yard		-	-	-	-	-	-	P	-	-
Convenience store		-	P	P	-	-	-	P	-	P
Floral shop/florist		-	P	P	-	P	-	-	-	P
Furniture and appliance sales		-	P	-	-	-	-	-	-	-
Grocery, meats, delicatessen		-	P	P	-	P	-	-	-	P
Nursery/garden shop		-	P	-	-	-	-	P	-	P
Retail sales of durable and dry goods: apparel, hardware, pharmaceuticals, books, gifts, jewelry, etc.		-	P	P	-	-	-	-	-	P
VEHICLE RELATED USES
Boat fuel/gasoline sales		-	P	-	-	S	-	-	-	-
Boat service and repair		-	P	-	-	P	-	P	-	-
Boat/marine sales and related retail (e.g., fishing equipment, etc.)		-	P	P	-	P	-	P	-	P
Public garages, parking lots/structures as a principal use		-	-	P	-	-	-	-	S	-
Vehicle service station with convenience retail, in conjunction with a bulk petroleum distribution facility		-	S	-	-	-	-	S	-	-
Vehicle service station, including accessory service/repair and/or convenience retail		-	P	-	-	-	-	P	-	-	§ 153.123 (C)
Vehicle parts sales, indoor only		-	P	-	-	-	-	P	-	-
Vehicle sales		-	P	-	-	-	-	P	-	-
Vehicle repair, major		-	-	-	-	-	-	P	-	-	§ 153.123 (A)
Vehicle repair, minor		-	S	-	-	-	-	P	-	-	§ 153.123 (B)
Vehicle wash establishment		-	S	-	-	-	-	P	-	-	§ 153.123(D)
PUBLIC/INSTITUTIONAL
Churches and customary related uses		P	P	P	P	P	P	P	P	P
Colleges and universities		-	S	S	-	-	-	S	S	S
Community centers		P	P	P	-	-	-	P	P	P
Hospital, clinic		P	P	P	-	-	-	-	-	P
Publicly owned building		P	P	P	P	P	P	P	P	P
School (elementary, middle and high)		-	-	P	-	-	-	-	P	S
INDUSTRIAL AND STORAGE
Boat/marine construction and maintenance equipment use and storage		-	-	-	-	P	-	P	-	-
Boat storage, indoor, in a permanent structure		-	-	-	-	P	-	P	-	-
Boat storage, outdoor (permanent)		-	-	-	-	-	-	P	-	-
Boat storage, outdoor (off season)		-	P	-	P	P	P	P	P	-
Manufacture, compounding, assembly and treatment of articles from prepared materials, such as metal, plastics, fiber and wood		-	S	-	-	S	-	P	-	-
Manufacturing, compounding, processing and packaging products, such as candy, cosmetics, pharmaceuticals and food products (but not refining or rendering)		-	S	-	-	-	-	P	-	-
Self-storage facility		-	-	-	-	-	-	P	-	-	§ 153.124 (A)
Warehousing, truck terminal, logistics and transportation equipment storage		-	-	-	-	-	-	P	-	-
OTHER USES
Essential services		P	P	P	P	P	P	P	P	P
Similar use		P	P	P	P	P	P	P	P	P	§ 153.125 (C)
Wireless telecommunication towers		-	S	-	-	-	-	S	S	-	§ 153.125(D)
NOTES TO TABLE: 1 Subject to any use restrictions and the area, height and setback requirements of the GC District. 2 Mixed use developments where dwelling units are proposed above professional offices shall comply with the area, height and placement requirements of the PO District. 3 Mixed use developments where dwelling units are proposed above GC structure shall comply with the area, height and placement requirements of the GC District. 4 Developments of a single multiple-family dwelling may be developed to the requirements of the R2 District, while Developments of more than one Multiple-family dwellings shall be developed to the requirements of the R4 District.

(Prior Code, § 5.31) (Ord. 805, passed 9-3-2019)

§ 153.087 AREA, HEIGHT AND PLACEMENT REQUIREMENTS.

Table 153.087: Dimensional Requirements, Non-Residential and Mixed Use Districts
Zoning District	Min. Lot Area (sq. ft.)	Min. Lot Width (ft.)	Max. Building Height (ft.)	Minimum Yard Setbacks (ft.)				Lot Coverage (%)
				Front	Side		Rear
				Front	Interior	Street Side	Rear
PO	NA	75	26	15	10	15	25	NA
GC	20,000	100	26	15	10	15	25	NA
CBD	NA	NA	40	0	0	0	01	NA
CH	43,560	150	30	25	202	20	301	50/803
MC	10,000	50	354	20	0	0	0	NA
SR	NA	NA	§ 153.088(A)	25	20/50	20/50	50	30
I	43,560	150	30	30	20	20	25	60
P	NA	100	35	20	10	15	15	NA
CM	6,000	50	MU-R 27, MU-CL 39	156	04	154&5	204	NA
NOTES TO TABLE: 1 The minimum rear yard in the CBD District when adjacent to the Pine River Channel or Round Lake shall be 50 feet. 2 In the CH District, the minimum side or rear yard adjacent to any residential district shall be 50 feet. 3 In the CH District, lot coverage of buildings shall not exceed 50%; lot coverage of all impervious surfaces shall not exceed 80%. 4 Non-residential: none, residential: see § 153.072 standards for R1 & R2 Districts. 5 Street side setbacks may be reduced to 10 feet for 2 story buildings and 10 feet for 3 story buildings with design review when the reduction improves the overall site design, design of the building or better integrates the building with its site and surroundings and a 6-foot-wide sidewalk is provided. 6 Front may be reduced to 10 feet with design review when the reduction improves the overall site design, design of the building or better integrates the building with its site and surroundings and a 10-foot-wide sidewalk is provided.

(Ord. 866, passed 1-19-2026)

§ 153.088 ADDITIONAL SR, SCENIC RESERVE, DISTRICT REQUIREMENTS.

(A) No building shall exceed 25 feet in height to the peak of the roof.

(Prior Code, § 5.33) Penalty, see § 153.999

§ 153.089 MIXED USED REGULATIONS.

(A) Purpose. The purpose of these zoning regulations is to implement the Master Plan.

(C) Land use definitions to implement zoning regulations. The following definitions are for the purpose of implementing the zoning regulations established by § 153.087 of this chapter.

STUDIO-HEAVY. Art production on a medium or large scale generally using heavy equipment and greater floor area than 2,500 square feet. Typical uses include large-scale metal and woodworking studios.

BREWERIES, LIMITED. Small-scale facilities that produce beer and similar beverages onsite.

CATERING SERVICE. A business that prepares food for consumption on the premises of a client or at any other location separate from where the food was prepared.

MEDIA PRODUCTION. Facilities for production of motion pictures, television, video, sound, computer, and other communications media production.

RETAIL SALES.

WITH DRIVE-THROUGH. A retail establishment with drive-through facilities.

(F) Basis for Zoning Map. The zoning districts established in Exhibit A to Ordinance 866 are based on the Master Plan Land Use Designations for Mixed Use for pedestrian-oriented development.

(G) Zoning district regulations. The purpose of this division (G) is to establish use and development regulations for the zoning districts.

TABLE 1: LAND USE REGULATIONS FOR MIXED USE ZONES P = Permitted C = Conditional S = Specific Standards Apply; See § 153.234 Blank= Not Allowed
Zoning Districts	MU-R	MU-CL	Additional Regulations
A. Commercial Uses
1. Animal care and sales
Animal care facilities, excluding exterior pens or runs		C
Animal retail sales and supplies, excluding exterior pens or runs		C
Taxidermy shops
2. Business sales and service
Locksmith		P
Office furniture sales and rentals		P
Office supply and equipment shops (incl. accessory repair)
Printing and copy shops		P
Printing and publishing		P
3. Food and beverage service establishments, stores
Food service establishments	See subclassifications below		For restaurants, cocktail lounges and bars, with outdoor seating see § 153.118(C) Drive-through, see § 153.118(B) C if operating 24 hours or before 7:00 a.m. and/or adjacent to residential
With or without accessory serving of beer or wine	CS*	P
With a bar, live entertainment or dancing		CS
With drive-through use		CS
Food and beverage stores, specialty	P	P
Bakeries, retail	P*	P*
Brewpubs		CS
Catering service
Convenience market	C	P
Grocery stores and supermarkets		P
Liquor stores		C*
4. Motor vehicle sales and service
Sales, new or used vehicles (including repair accessory to sales)
Sales, parts and supplies (and accessory service)
5. Personal services
Artist studio, light	P	P
Artist's studio, heavy		P	*C if > than 5,000 sf
Barber shops, beauty salons, nail salons, personal grooming	P	P
Check cashing, bail bond services
Dry cleaning, laundromats, laundries		P*
Mail services	P	P
Shoe repair and shoeshine	P	P
Tailor/seamstress	P	P
Travel agencies		P
Weight loss establishments		P
6. Recreation facilities, commercial
Health clubs/gyms		P	*C if > than 3,000 sf
Health spas, nails, other	P*	P	*C if > than 3,000 sf
7. Retail uses
Auction house			*C if > than 5,000 sf Drive-through, see § 153.118(B)
General Retail Sales	See subclassifications below
Large scale
Small scale		P
With drive through uses		CS
Secondhand and consignment shops		P
Shopping centers
8. Visitor accommodations
Hotels, motels, STRs		P*	*C if > than 10,000 sf
Visitor information centers		P	*C if > than 10,000 sf
B. Industrial Uses
Artisan/small-scale manufacturing		P
"Boutique" food processing with retail sales		P
C. Offices and Related Uses
1. Financial services
Banks, savings and loans, and other financial institutions		P*	*C if > than 5,000 sf
Financial services offices		P	*C if > than 5,000 sf
2. Offices and Related Uses
Clinics		C
Media production		P
Medical, dental and health-related offices		P*	*C if > than 5,000 sf
Office (administrative, business, and professional)		P*	*C if > than 5,000 sf
Offices with walk-in clientele	P	P
D. Public and Quasi-Public Uses
1. General
Clubs and lodges, including for youth		P
Cultural facility		P
Other public/quasi-public uses of an administrative, educational, religious, communications or public service nature		P
2. Schools
Parochial, private	C	C
Public	P	P
Vocational, business trades
3. Transportation facilities
Parking facilities, commercial or municipal (5+ spaces)		C
Transit or bus stations
Single-family attached	P	P	For condominiums, see § 153.117(B)
Multifamily residential	P	P	For condominiums, see § 153.117(B)
Group residential, including SROs	CS	CS
Live/work developments		C
Residential care facilities
Small (0-6 residents)		P
Large (7 or more residents)		CS
Day care facility, child or adult (up to 6 children or 6 adults)	P	P
Day care center (13 or more children or 7 or more adults)		CS
F. Accessory Structures and Uses
Accessory structures and uses	P if principal use is permitted; C if principal use requires a use permit. See § 153.116
Automatic teller machines		P
G. Other Uses
Nonresidential condominiums		P	See standards § 153.117(B)

(2) Additional land use regulations.

(3) Development standards. The development standards for the Commercial Mixed-Use Zoning Districts are shown in Table 2.

TABLE 2: CM USE DISTRICTS - PROPERTY DEVELOPMENT STANDARDS
Property Development Standards	MU-R	MU-CL	Additional Standards
Maximum density (units/gross acre)	30*	NA	* >.5 round up
Maximum height (in feet)	27	39
Maximum number of stories	2	3
Minimum lot area (sq. ft.)	6,000	6,000
Minimum lot frontage (feet) at front property line	50	50
Front setback (feet)
- Arterial or collector	15	10	(1)
- Local street	15	15	(1)
Street side setback (feet)
- Arterial or collector	15	15	(2) (3)
- Local street	15	15	(2) (3)
Garage door setbacks from street (feet)	20	20
Side and rear setback (feet)	Non-residential: none, residential: see § 153.072 standards for R1 & R2 Districts
Notes: (1) Front may be reduced to 10 feet with design review when the reduction improves the overall site design, design of the building or better integrates the building with its site and surroundings and a 10-foot-wide sidewalk is provided. (2) Street side setbacks may be reduced to 10 feet for 2 story buildings and 10 feet for 3 story buildings with design review when the reduction improves the overall site design, design of the building or better integrates the building with its site and surroundings and a 6-foot-wide sidewalk is provided. (3) Commercial and mixed-use development on land that abuts a residential district will be designed and constructed, and will be operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity; will be compatible with adjacent uses of land; and will not change the essential character of the area in which it is proposed.

(a) Substantial landscaping will be located between the build-to line and ground floor residential units to soften visual impact of buildings;

(c) The building will incorporate an alternative entrance design that will create a welcoming entry feature facing the street.

(a) For any wall containing windows, a setback of at least five feet shall be provided.

(b) For any wall containing bedroom windows, a setback of at least ten feet shall be provided.

(c) For any wall containing a living room or other primary room windows, a setback of at least ten feet shall be provided.

(d) The required setbacks apply to that portion of the building wall containing a window and extending three feet on either side of the window.

(6) Minimum ground-floor height. The minimum ground-floor height shall be ten feet for residential uses and 12 feet for non-residential uses.

(7) Exceptions to maximum height limits.

(a) Architectural features. A parapet wall, cornice, cupolas or mechanical equipment may project up to four feet above the maximum height limit.

1. The composition of the tower element shall be balanced, where the width of the tower has a proportional relationship to the height of the tower.

2. The tower element shall be proportional to the rest of the building.

3. The tower element shall not be stepped back at any point,

4. The maximum horizontal dimension of the tower element shall not exceed 52 feet. Fenestration shall be greater at the base of the tower than at the top.

5. The roof shall include architectural detailing, such as a cornice or eave.

District	MU-R	MU-CL	Additional Regulations	#
Maximum building length (ft.)	100	100
Maximum length of blank wall (ft.)	10 for ground floor, 25 for upper floors	10 for ground floor, 25 for upper floors		1
Bay window	Max. 2 feet from primary facade and min. 12 feet above			2
Awnings & overhangs (ft.)	Max. 4 feet from primary facade and 8 feet above sidewalk grade above public ROW			3
Awning setback from curb	Min. 4 feet clear			4