Charlevoix City Zoning Code
PROVISIONS GENERALLY
APPLICABLE TO ALL DISTRICTS
§ 153.140 ACCESS.
(A) All lots shall have frontage on a dedicated public or private street.
(B) A copy of an approved driveway permit from the city, the county or MDOT, as applicable, shall be required.
(C) Multiple-family, commercial, office or industrial developments consisting of multiple buildings need not front each structure within the development upon publicly dedicated streets.
(Prior Code, § 5.60) Penalty, see § 153.999
§ 153.141 BUILDING REGULATIONS.
(A) Conformity required. Buildings or structures shall not be erected, constructed, used, reconstructed, altered or maintained; and any lot or land shall not be used or maintained; and a new use shall not be made of any building, structure or land, except in conformity with the provisions of this chapter.
(B) Unlawful building. Any building that is used, erected, occupied or altered contrary to the provisions of this chapter shall be deemed an unlawful structure and a nuisance and may be required to be vacated, torn down or abated by any legal means, and shall not be used or occupied until it has been made to conform to the provisions of this chapter. Public expenditures toward abating such nuisance shall become a lien upon the land.
(C) Required space. Any space used for a required setback, open space or lot area for a building may not be counted or calculated to meet the same requirements for any other building.
(E) One lot, one building. A lot or parcel shall not be devoted to more than one principal use, or contain more than one principal building, except for properties in the CBD District and groups of multiple-family dwellings, commercial buildings or industrial buildings determined by the Zoning Administrator to be a principal use collectively, based on meeting all of the following criteria:
(1) Individual buildings share common parking areas, signs, access and similar features;
(2) Buildings are under single ownership;
(3) Individual activities support one another (such as vehicle sales/vehicle repair or gas station/restaurant/ convenience store); and
(4) Buildings are architecturally unified and compatible.
(Prior Code, § 5.61) (Ord. 795, passed 11-5-2018) Penalty, see § 153.999
§ 153.142 CORNER CLEARANCE (CLEAR VISION TRIANGLE).
(A) Fences, walls, structures or plantings shall not be erected, established or maintained on any lot that will obstruct the view of drivers in vehicles approaching the intersection adjacent to a corner lot or a driveway on any lot.
(B) Fences, walls, structures or plantings located in the clear vision triangle, as depicted below, shall not be permitted to exceed a height of 36 inches above the lowest point of the intersecting street(s). The unobstructed triangular area is described as follows:
(1) The area formed at the corner intersection of two street right-of-way or easement lines, the two sides of the triangular area being 25 feet in length measured along abutting public right-of-way lines and third side being a line connecting these two sides; and
(2) The area formed at the corner intersection of a street right-of-way, easement or alley and a driveway, the two sides of the triangular area being 15 feet in length measured along the right-of-way line and edge of the driveway, and the third side being a line connecting these two sides.
(Prior Code, § 5.62) Penalty, see § 153.999
§ 153.143 ESSENTIAL SERVICES.
(A) Essential services shall be permitted as authorized under any franchise in effect within the city, subject to regulation as provided in any law of the state or in any ordinance of the city.
(B) It is the intent of this section to ensure conformity of all structures and uses to the requirements of this chapter wherever such conformity shall be practicable and not in conflict with the specific requirements of such franchise, legislation or other city ordinance. In the absence of such conflict, the zoning ordinance shall prevail.
(C) Wireless communication facilities are not considered essential services and shall be subject to the requirements of § 153.125(D) of this chapter.
(Prior Code, § 5.63) Penalty, see § 153.999
§ 153.144 GRADING.
(A) Elevations for any site with a building located on it shall have a grade sloping away from the walls of the building to permit the flow of surface water. However, sunken or terraced areas may be permitted if they are constructed to prevent run-off surface water from flowing onto adjacent properties.
(B) Grading and/or filling of materials prior to, or after, application for zoning permits to elevate the grade for a taller structure is prohibited.
(C) No premises shall be filled or graded so as to discharge surface runoff on abutting premises in such a manner that will cause damage to adjacent properties.
(Prior Code, § 5.64) Penalty, see § 153.999
§ 153.145 FENCES AND WALLS.
(A) All fences, walls and other similar structures shall be located on private property and must not obstruct the sight distance of motorists from driveways, roads and, intersections. Fences or walls in all districts, except Industrial, shall not exceed six feet in height above grade when located in any portion of the rear or side yard. Fences located in the front yard are permitted; provided, they are open wrought iron, picket, split rail and similar decorative fences, have a maximum opacity of 50% and do not exceed 48 inches above grade.
(B) Fence and wall materials may include treated wood, painted/stained wood, treated split rail, ornamental wrought iron, brick, stone, masonry block, molded vinyl, or chain link. Scrap lumber, plywood, woven wire, sheet metal, plastic or fiberglass sheets are specifically prohibited.
(C) All fences shall be constructed with the finished side exposed to the neighboring properties. Support posts shall be placed on the inside. The fence shall be properly maintained and its appearance shall be harmonious with the surrounding properties and neighborhood. Fence posts and decorative caps shall not extend greater than six inches above the maximum allowed height.
(D) Fences or walls in industrial districts shall not exceed nine feet in height above grade in the side and rear yards. All other relevant provisions of this section shall apply.
(E) It shall be unlawful to erect or maintain a fence, wall or other similar structure equipped with or having barbed wire, spikes, razor wire or similar devices, or any electrical charge or current sufficient to cause shock. In industrial districts, however, a security fence may be installed with one foot of barbed wire; provided, the barbed wire is at least eight feet above the adjacent grade.
(F) Fences in the front yard shall have a minimum setback of 12 inches from the front property line.
(G) Fences shall not be allowed to be located directly over property lines, unless two or more adjoining property owners submit a joint application to the Zoning Administrator for approval.
(H) Posts, cement, wood and any other fence materials shall not encroach onto adjoining properties, unless such encroachments are authorized under a joint application.
(I) An artificial berm with a fence placed on top of it is considered part of the fence, with the combination being subject to the height limits for fences established in division (A) above.
(J) The required fence height shall be maintained through the entire length on sloping properties. Grading and/or filling of materials to elevate the grade for a higher fence is prohibited.
(K) Walls constructed of stone, brick or similar materials shall be permitted in the front yard; provided, they do not exceed three feet in height. The height limits in the side and rear yards shall not exceed six feet. Walls shall be set back a minimum of two feet from all property lines and must be constructed and maintained in the future as to not create safety concerns for adjoining property owners or the general public. The Planning Commission may approve walls not to exceed six feet in height in the front yard for developments in the R4 Zone. This section shall not apply to retaining walls, as defined by this chapter or screening walls under § 153.171 of this chapter.
(L) Retaining walls in residential districts are subject to the following requirements:
(1) Retaining walls in the front yard(s), or yard(s) facing the public right-of-way, may be no taller than three feet in height, and must be set back from the front property line, or property lines fronting the public right-of-way, a minimum of one foot.
(2) In cases where the height or slope of the grade in the front yard(s), or yard(s) facing the public right-of-way, needing to be retained is greater than three feet, multiple tiers may be used. The horizontal distance between tiers must be a minimum of five feet.
(3) Retaining walls in side or rear yards that do not face a public right-of-way may be greater than three feet tall, but are required to be designed and sealed by a licensed engineer to ensure the safety of adjoining property.
(4) Retaining walls must be constructed of stone, brick, treated lumber or similar materials. Plain cement block and untreated wood are not acceptable materials.
(5) The fill behind retaining walls must consist of dirt, drain stone or similar materials.
(6) Retaining walls must be maintained in such a condition as to not present a threat to adjacent properties, or people or objects in the public right-of-way.
(Prior Code, § 5.65) (Ord. 791, passed 3-19-2018; Ord. 848, passed 4-1-2024) Penalty, see § 153.999
§ 153.146 STRUCTURE HEIGHT CALCULATIONS AND HEIGHT LIMITS.
Structure height calculations:
(A) The vertical distance measured to the highest point of the building’s roof for flat roofs; to the deck line for mansard roofs; and to the mean height level between eaves and peak for gable, hip and gambrel roofs, from the existing grade.
(B) On lots with less than 1% change in grade, building height shall be measured from the existing grade surrounding the building site.
(C) On lots having an average sloping grade of between 1% and 5%, building height shall be measured from the front of the building line of the proposed structure.
(D) On lots having an average sloping grade of more than 5%, building height shall be measured from the average elevation between front and rear building lines or between side building lines, whichever dimension reflects the greater degree of slope.
(E) Height limits specified elsewhere in this chapter shall not apply to:
(1) Churches, schools, hospitals and public buildings including, but not limited to, libraries, museums, art galleries, fire stations or public buildings owned or used by a public entity; or
(2) Unoccupied barns, silos, or other buildings or structures on farms; church spires, belfries, cupolas and domes; monuments; and windmills. These unoccupied structures shall be limited to 100 feet in height in any case, unless otherwise permitted in this chapter.
(Prior Code, § 5.66) (Ord. 835, passed 1-2-2023) Penalty, see § 153.999
§ 153.147 ILLEGAL DWELLINGS.
No structure shall be used for dwelling purposes that do not comply with the requirements of this or any other city ordinance. Garages or other accessory buildings, trailer coaches, basements, partial or temporary structures, whether of fixed or portable construction, shall not be erected or moved onto a lot and used for any dwelling purposes, unless authorized by the issuance of a zoning permit by the Zoning Administrator and satisfying all of the conditions thereof.
(Prior Code, § 5.67) Penalty, see § 153.999
§ 153.148 KEEPING OF ANIMALS.
(A) The keeping of household pets, including dogs, cats, fish, birds, hamsters and other animals generally regarded as household pets is permitted as an accessory use in any residential district.
(B) Any area where household pets are kept shall be maintained in a safe and sanitary condition.
(C) The keeping of animals not normally considered household pets, including, but not limited to, horses, pigs, sheep, cattle, poultry and poisonous reptiles is prohibited in all zoning districts.
(Prior Code, § 5.68) Penalty, see § 153.999
§ 153.149 PROJECTIONS INTO REQUIRED YARDS.
(A) Certain architectural features, such as eaves, cornices, bay windows (or windows without foundations), gutters, chimneys, pilasters and similar features may project no further than three feet into any required yard.
(B) (1) A patio, terrace, deck, balcony or window awning may project no further than ten feet into a required front yard; no further than 15 feet into a required rear yard; and shall not project into any required side yard.
(2) In no case shall a patio, terrace, deck, balcony or awning be placed closer than five feet to any front or rear lot line with the exception of the CBD district where a porch, terrace, deck, balcony or awning may extend to the property line.
(C) Any porch, terrace, deck or balcony which is enclosed or covered shall meet the minimum setback requirements of the principal building or accessory building to which it is attached.
(Prior Code, § 5.69) (Ord. 795, passed 11-5-2018; Ord. 848, passed 4-1-2024) Penalty, see § 153.999
§ 153.150 SITE EXCAVATION.
The construction, maintenance or existence within the city of any unprotected, unbarricaded, open or dangerous excavations, holes, pits or wells, which, in the opinion of the Zoning Administrator, constitute or are likely to constitute a danger or menace to the public health, safety or welfare is hereby prohibited; provided, this section shall not apply to:
(A) Any excavation for which a building permit or a temporary permit has been issued by the county’s Department of Building Safety and which is properly protected and warning signs posted;
(C) Streams, natural bodies of water or ditches, reservoirs and other such bodies of water created or existing by authority of the city or other governmental agency.
(Prior Code, § 5.70) Penalty, see § 153.999
§ 153.151 SETBACK REQUIREMENTS.
(A) Front setback on corner lots. A corner lot shall have two front lot lines: a principal front lot line and a secondary front lot line which is considered a street side setback.
(1) The required front setback shall apply to the principal and street side front lot line on a corner lot.
(2) The required setback for the street side front yard shall be the lesser of the required front setback or the established setback for the principal building on the abutting lot that faces the same street as the street front lot line.
(3) The remaining setbacks shall be side setbacks.
(B) Average front setback. The minimum front setback requirements for a principal building in any residential district may be reduced in accordance with the following: where two or more lots, entirely or partially within 200 feet of a subject lot, on the same side of the street and on the same block, are occupied by principal buildings of which the existing front setback is less than required by the zoning district, the average of the established setbacks for those buildings shall be the minimum required front setback for the subject lot.
(C) Setback from bodies of water. Notwithstanding other provisions of this subchapter, all principal uses located in the R1 and R4 Districts shall have a setback of 50 feet from the ordinary high water mark of Lake Michigan, Lake Charlevoix and Round Lake, as well as the Pine River Channel.
(D) Fences. Fences are exempt from the setback requirements of this section.
(E) Intrusions below grade. No portion of any building below grade containing usable space shall project into any front, side or rear yard.
(Prior Code, § 5.71) (Ord. 791, passed 3-19-2018; Ord. 795, passed 11-5-2018; Ord. 848, passed 4-1-2024) Penalty, see § 153.999
§ 153.152 LOT COVERAGE REQUIREMENTS.
(A) Lot coverage requirements in all zones shall be calculated by dividing the total area of the lot into the total square footage of all impervious surfaces.
(B) Use of materials such as gravel or stone, pavers and similar permeable surfaces shall not count or be calculated in lot coverage, however; the use of permeable surfaces shall not exceed 25% of the requirements of Table 153.072(b), Maximum Lot Coverage %.
(Prior Code, § 5.72) (Ord. 835, passed 1-2-2023; Ord. 848, passed 4-1-2024) Penalty, see § 153.999
§ 153.153 OUTDOOR STORAGE.
(A)
Inoperable or unlicensed motor vehicles shall not be kept, parked or stored in any residential district, except within a completely enclosed building. The purpose of this provision is to prevent the accumulation of junk motor vehicles and, therefore, it shall not apply to any motor vehicle ordinarily used, but temporarily out of running condition. If the motor vehicle is being kept for actual use, but is temporarily unlicensed, the Zoning Administrator may grant the owner a reasonable time, not to exceed two months, to procure a license.
(B) Likewise, old, rusty and unsightly machinery, machines not suited for use upon the premises or quantities of used building materials not fit to be used to improve the premises shall not be kept or stored outside a building; provided, however, that, building materials fit to be used to improve the premises may be kept on-site for one year if they are piled off the ground so as not to become a harbor for vermin.
(C) Recreational equipment and vehicle storage. The standards of this section apply to all zone districts with the exception of the industrial district.
(1) All recreational equipment and vehicles that are stored outside of a structure shall be maintained in good condition, shall be operable and shall have a current license and/or registration.
(2) Recreational equipment and vehicles parked or stored outside shall not be connected to electricity, water, gas or sanitary facilities for living or lodging purposes other than allowed for in § 153.153(C)(8). Electricity may be used during times of active use including cleaning refrigeration of supplies and preparing for trips.
(3) The parking and/or storage of recreational equipment and vehicles in excess of 25 feet in length is prohibited.
(4) Outdoor parking or storage of not more than two recreational equipment or vehicles shall be permitted on any parcel of property. An unlimited number of small vehicles including floats, rafts, canoes, and kayaks may be stored in an organized, safe manner on a single property.
(5) Storage of recreational equipment and vehicles shall be parked completely in an enclosed structure or within the side or rear yards, except that they may not be closer than five feet from any lot line, unless otherwise provided by this section. Property owners who can demonstrate that a property does not reasonably allow storage in the side or rear yards may store the recreational vehicle(s) in other areas with application to the Zoning Administrator. The Zoning Administrator will use criteria from § 153.038(F)(2)(a-e) for approval.
(6) Such recreational equipment and vehicles shall be placed or parked on a lot with a principal building, structure or use unless it is a lot which is attached to an occupied lot under the same ownership.
(7) Active use parking of recreational equipment and vehicles may be parked on one front yard driveway, provided that public streets, sidewalks and right-of-way are not blocked to vehicular or pedestrian traffic. Driveway means vehicle access provided between a street or road and a parking area including if the driveway is in the setback but shall not include any additional parking aisle.
(8) Recreational equipment and vehicles may be used for living or lodging purposes on a parcel with a principal building for no more than 14 days within any 60-day period with a permit issued by the Zoning Administrator.
(9) The open (non-active) parking or storage of any recreational vehicle not owned by a resident or owner of the property on which it is located shall not be permitted.
(D) Outdoor storage areas. Where permitted, outdoor storage areas shall be screened to the public by buildings, structures or a continuous buffer. The buffer area shall include:
(1) A six-foot tall screen wall or fence or any combination of the following to provide an effective screen, as approved by the Zoning Administrator:
(a) Berms;
(b) Canopy, evergreen and ornamental trees; and/or
(c) Shrubs.
(Prior Code, § 5.73) (Ord. 806, passed 9-3-2019; Ord. 850, passed 7-1-2024) Penalty, see § 153.999
§ 153.154 TEMPORARY BUILDINGS, STRUCTURES, USES AND SPECIAL EVENTS.
(A) Construction buildings and structures, including trailers, incidental to construction work on a lot, may be placed on the lot, subject to the following restrictions.
(1) Construction buildings and structures may be used only for the storage of construction materials, tools, supplies and equipment, for construction management and supervision offices, and for temporary on-site sanitation facilities related to construction activity on the same lot. An enclosed structure for temporary sanitation facilities shall be required on all construction sites.
(2) No construction building or structure shall be used as a dwelling unit.
(3) Construction buildings and structures shall be removed from the lot within 30 days after an occupancy permit is issued for the permanent structure on the lot.
(B) Sales offices or model homes may be placed on a lot, subject to the following conditions: a permit shall be issued by the Zoning Administrator prior to installation of construction. The permit shall specify the location of the office and shall be valid for a period of one year. A temporary permit may be renewed by the Zoning Administrator for up to two successive one year periods or less, at the same location if the office is still incidental and necessary.
(Prior Code, § 5.74) Penalty, see § 153.999
§ 153.155 THROUGH LOTS.
(A) In all districts, both yards abutting a street on a through lot shall be considered front yards.
(B) Through lots are prohibited in any new developments, except where one frontage is a private road.
(Prior Code, § 5.75) Penalty, see § 153.999
§ 153.156 VOTING PLACE.
The provisions of this chapter shall not be construed in any manner that would interfere with the temporary use of any property as a voting place in connection with a municipal, school or other public election.
(Prior Code, § 5.76)
§ 153.157 WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES.
(A) Every building erected, altered or moved upon any premises within the city shall be served with a safe and sanitary water supply system and with a means for collecting and disposing of all human and commercial, industrial and other wastes.
(B) For those areas of the city not served by public water and/or sanitary sewer, a permit from the district health department for on-site water and/or waste disposal facilities, as applicable, shall be obtained and submitted with an application for a zoning permit prior to commencing construction.
(C) This section shall not apply to structures that do not require water or waste systems.
(Prior Code, § 5.77) Penalty, see § 153.999
§ 153.158 RENTING OF RESIDENTIAL PROPERTIES.
Renting of residential properties, including, but not limited to, homes, condos, apartments, townhouses, and duplexes, as short or long term rentals, regardless of the underlying zoning district, shall comply with the following standards.
(A) Short and long-term renting of part of, or entire residential structures is permitted in any zoning district providing all rentals comply with any applicable requirements of city ordinances. Short-term rentals shall be regulated as provided in Chapter 114 of this code.
(Prior Code, § 5.78) (Ord. 795, passed 11-5-2018; Ord. 801, passed 4-15-2019; Ord. 823, passed 1-4-2021; Ord. 848, passed 4-1-2024) Penalty, see § 153.999
§ 153.159 LANDSCAPING FEATURES AND PORTABLE STORAGE BINS.
Landscaping features including, but not limited to, arbors, gates, pergolas, trellises, latticework, permanent benches/seating, or portable storage closets or bins are not considered structures and are, therefore, not subject to the requirements of this chapter regarding structures.
(Prior Code, § 5.79)
§ 153.160 RESIDENTIAL RAISED DECKS.
Decks that are above the ground floor shall be fully screened from neighboring residential properties that are in the R1 and R2 Districts. Screening could include mature vegetation, fencing, walls, or a combination of them to allow maximum privacy for adjacent properties. All lighting on raised decks will meet § 153.172 Lighting of the city zoning ordinance. No decks will be allowed above the second-floor interior floor elevation of the home.
(Ord. 864, passed 1-19-2026)
§ 153.161 ESTABLISHMENT OF ZONING REGULATIONS.
Publisher's Note: This Section has been ADDED by new legislation (Ord. 866-2026, adopted 1-19-2026). The text of the amendment will be incorporated below when the ordinance is codified.