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Charlevoix City Zoning Code

OVERLAY DISTRICTS

§ 153.100 INTENT AND SCOPE.

   (A)   Intent. The intent of the overlay districts is to establish regulations in addition to the applicable regulations of the existing (underlying) zoning district that either supplement or replace those existing regulations. The overlay districts are applied in specific locations based on the environmental features, historic assets, scenic qualities, traffic conditions or other unique characteristics of the area, regardless of the established zoning districts.
   (B)   Scope. Several overlay districts are established, as described in this subchapter, to address the varied and unique needs of specific locations within the city. The boundaries of these districts shall be as described in this subchapter and shown on the zoning map. The requirements of this article are in addition to and shall supplement those imposed on the same lands by any underlying zoning provisions of this chapter or other ordinances of the city. These regulations supersede all conflicting regulations of the underlying districts to the extent of such conflict.
(Prior Code, § 5.40)

§ 153.101 CENTRAL BUSINESS DISTRICT OVERLAY DISTRICT.

   (A)   Purpose. To create a vibrant downtown district fronting Bridge Street consisting of primarily retail and food service businesses that enhance the city’s economy by defining specific uses intended to increase consumer traffic.
   (B)   Applicability. This overlay district shall include all street level areas of buildings with store entrances facing Bridge Street from Antrim Street north to the Pine River Channel.
   (C)   Permitted uses.
      (1)   Food and beverage services, including: grocery stores, restaurants, cafés (including internet cafés), coffee shops, bars, taverns, wine bars, breweries, bakeries, delicatessens, bistros and specialty shops;
      (2)   Retail stores having a gross area of less than 5,000 square feet (Appliance, furniture and similar stores selling large scale consumer products are not considered retail);
      (3)   Art galleries, frame shops, photography and art studios;
      (4)   Small single building hotels and universities; and
      (5)   Professional offices and residential units as not permitted on the street level.
   (D)   Other regulations. The Planning Commission, upon request, may determine if a proposed use not listed above is similar to, or comparable to, the permitted uses in division (C) above. If the Planning Commission determines a proposed use is not similar or comparable to the permitted uses, the applicant may apply for a special use permit. The Planning Commission may issue a special use permit provided that the proposed use is found to generate commercial activity in accordance with the purpose of this section and it meets the requirements for special land use permits in §§ 153.250 through 153.257 of this chapter.
   (E)   Outdoor displays and merchandise. Merchandise or similar goods, and associated displays shall not be permitted on the exterior buildings, entryways or sidewalks, except during city-sponsored official sidewalk sales.
(Prior Code, § 5.41) (Ord. 848, passed 4-1-2024)

§ 153.102 WEST GARFIELD AVENUE GENERAL COMMERCIAL OVERLAY DISTRICT.

   (A)   Purpose. The purpose of this district is to support the future development of the 200 block of W. Garfield (north side) and the 200 block of W. Lincoln (south side) where industrial uses have been present in the past and commercial development currently exists, surrounded by residential uses.
   (B)   Applicability. This overlay district shall include the following addresses (see Zoning Map):
      (1)   204 and 208 W. Lincoln; and
      (2)   205 and 207 W. Garfield.
   (C)   Permitted uses. The following uses shall be permitted:
      (1)   Restaurants, not including drive-through establishments;
      (2)   Convenience stores;
      (3)   Grocery stores;
      (4)   Single Multi-family residential;
      (5)   Retail stores.
   (D)   Other regulations. The Planning Commission, upon request, may determine if a proposed use not listed above is similar to, or comparable to, the permitted uses in Table 153.086. If the Planning Commission determines a proposed use is not similar or comparable to the permitted uses, the applicant may apply for a special use permit. The Planning Commission may issue a special use permit provided that the proposed use is found to generate commercial activity which furnish convenience goods and services to meet the daily needs of the residents of the neighborhood in accordance with the purpose of this section and it meets the requirements for special land use permits in §§ 153.250 through 153.257 of this chapter.
   (E)   Dimensional requirements.
      (1)   Setbacks. The minimum setback requirements are as follows:
         (a)   Front: 15 feet;
         (b)   Sides: ten feet; and
         (c)   Rear: 20 feet.
      (2)   Height. The maximum permitted building height shall be 30 feet.
      (3)   Lot coverage. The maximum lot coverage shall not exceed 50% of the total lot.
(Prior Code, § 5.42) (Ord. 842, passed 12-18-2023)

§ 153.103 WEST CARPENTER/STATE STREET INDUSTRIAL OVERLAY DISTRICT.

   (A)   Purpose. The purpose of this district is to support the continued use of, and future development of, larger lots adjacent to the Municipal Airport without negative impacts to the adjacent residential areas.
   (B)   Applicability. This overlay district shall include the following addresses (see zoning map):
      (1)   210A W. Carpenter Avenue;
      (2)   1209 State Street;
      (3)   1213 State Street; and
      (4)   1217 State Street.
   (C)   Permitted uses. The following uses shall be permitted as special land uses, in accordance with the procedures of §§ 153.250 through 153.257 of this chapter. Uses normally applied to the I District are prohibited.
      (1)   Light manufacturing operations with ten or fewer employees;
      (2)   Attached or detached single-family dwellings;
      (3)   R2A multiple-family dwellings;
      (4)   Landscaping/nursery related; and
      (5)   Storage buildings.
   (D)   Dimensional requirements.
      (1)   Setbacks. The minimum setback requirements of the underlying zoning district shall apply.
      (2)   Height. The maximum permitted building height shall be 26 feet.
      (3)   Lot coverage. The maximum lot coverage shall not exceed 40% of the total lot.
(Prior Code, § 5.43)