§ 153.117  RESIDENTIAL USES.
   (A)   Dwellings, single-family attached or detached (outside manufactured home communities). All dwelling units located outside a licensed manufactured home community shall comply with the following.
      (1)   A dwelling unit shall conform to the minimum floor area requirements of the district in which it is located.
      (2)   A dwelling unit shall have a minimum floor to ceiling height of seven feet, six inches; or, if a manufactured home, it shall meet the requirements of the United States Department of Housing and Urban Development Regulations, entitled Mobile Home Construction and Safety Standards, effective 6-15-1976, as amended.
      (3)   The minimum width of a single-family dwelling unit shall be 22 feet for at least 67% of its length, measured between the longest exterior walls.
      (4)   All dwelling units shall comply with the state’s Construction Code as promulgated by the state’s Construction Code Commission under provisions of Public Act 30 of 1972, as amended, being M.C.L.A. §§ 125.1501 et seq. or the Mobile Home Construction and Safety Standards”, as promulgated by the United States Department of Housing and Urban Development, being 24 C.F.R. part 3280, and as from time to time such standards may be amended.
      (5)   A dwelling unit shall be attached to a permanent foundation constructed in accordance with the State Construction Code and shall have the same perimeter dimensions as the dwelling. In the case of a manufactured home, it shall be installed per the manufacturer’s set-up instructions and shall be secured to a foundation by an anchoring system or device complying with the rules and regulations of the state’s Manufactured Housing Commission or the state’s Construction Code, whichever is stricter.
      (6)   If provided, the wheels of a manufactured home shall be removed and the towing mechanism, undercarriage and chassis shall not be exposed.
      (7)   All dwellings shall be connected to city sanitary sewer and water utilities.
      (8)   Any addition to a dwelling shall meet all the requirements of this chapter.
      (9)   A dwelling may have either a roof overhang of not less than six inches on all sides or, alternatively, a roof drainage system that concentrates water at collection points and discharges it away from the dwelling.
   (B)   Senior housing: independent living, assisted living and similar.
      (1)   Developments or portions of developments designed as multiple-family buildings shall be subject to the requirements applying to multiple-family dwellings.
      (2)   Developments or portions of developments designed as single or two-family dwellings shall be subject to the requirements applying to single and two-family dwellings.
   (C)   Site condominiums. This chapter requires preliminary review of site condominium plans by the Planning Commission to ensure that site condominiums comply with this chapter and other applicable city ordinances.
      (1)   Optional Planning Commission review of preliminary plans.
         (a)   Prior to final review and approval of a site condominium development plan, a preliminary site condominium development plan may be reviewed by the Planning Commission in accordance with the procedures, standards and requirements provided by this section if requested by the applicant. Such review shall take place following a public hearing by the Planning Commission on the preliminary plan. At least 15-days' notice of the hearing shall be given by ordinary mail, sent to the owners of, or parties with interest in, the lands within 300 feet of the property to be included in the development, as listed in the current city tax assessment rolls.
         (b)   Application for review and approval of a site condominium development plan shall be initiated by submitting the following to the Zoning Administrator:
            1.   A minimum of ten copies of a preliminary site condominium development plan which complies with the requirements of Chapter 154 of this code of ordinances; and
            2.   An application fee in accordance with the fee schedule established by resolution of the City Council.
         (c)   The Planning Commission shall review the preliminary site condominium development plan in accordance with the standards and requirements contained in § 154.06 of this code of ordinances. All of the requirements for plats, as set forth in that section, shall apply to site condominium developments. In addition, the following standards and requirements shall apply.
            1.   In its review of a site condominium development plan, the Planning Commission may consult with the Zoning Administrator, City Attorney, City Engineer, City Fire Chief or other appropriate persons regarding the adequacy of the proposed common elements and maintenance provisions, use and occupancy restrictions, utility systems and streets, development layout and design, or other aspects of the proposed development.
            2.   Each site condominium unit shall comply with all applicable provisions of this chapter, including minimum area, minimum width, required front, side and rear yards, and maximum building height.
            3.   All streets shall be paved and developed to the minimum design, construction, inspection, approval and maintenance requirements for platted public streets, as required by the city.
            4.   If public water and sanitary sewer facilities are not available, each condominium unit shall be served by a private central system (designed for connection to a public system when and if a public system is made available).
            5.   The Planning Commission may require that portions of the plan, as relevant to the reviewing authority in question, be submitted to the county’s Drain Commissioner, the state’s Department of Natural Resources, the state’s Department of Public Health and other appropriate city, state and county review and enforcement agencies having direct approval or permitting authority over any aspect of the proposed site condominium development.
         (d)   After reviewing the preliminary site condominium development plan, the Planning Commission shall prepare a written statement of recommendations regarding the proposed site condominium development, including any suggested or required changes in the plan. The Planning Commission shall provide a copy of its written recommendations to the applicant.
      (2)   Review and approval of final plans.
         (a)   The final site condominium plan shall incorporate all of the recommendations, if any, made by the Planning Commission based on its prior review of the preliminary plan. If any of the Planning Commission's recommendations are not incorporated in the final plan, the applicant shall clearly specify, in writing, which recommendations have not been incorporated and the reasons why. Except for changes made to the plan as needed to incorporate the recommendations of the Planning Commission, the final plan shall otherwise be identical to the preliminary plan acted upon by the Planning Commission. Changes made to the plan other than those necessary to incorporate the recommendations of the Planning Commission shall be resubmitted to the Planning Commission for further review and recommendation prior to approval of the plan.
         (b)   After receiving the final site condominium development plan, the Planning Commission shall proceed to review and may approve, deny, or approve with conditions the plan in accordance with the standards and requirements provided the city parcel division ordinance and other applicable procedures, standards and requirements of this section.
         (c)   As a condition of approval of a final site condominium development plan the City Manager, with input from staff, may require that a financial guarantee, covering the estimated cost of improvements associated with the site condominium development for which approval is sought, be deposited with the city, as provided by the Michigan Zoning Enabling Act, Public Act 110 of the Public Acts of 2006, being M.C.L.A. §§ 125.3101 to 125.3702, as it may be amended from time to time.
      (3)   Contents of site condominium project plans. A condominium development plan shall include the documents and information required by § 66 of the Condominium Act, by § 154.05(A) of this code of ordinances and by the following:
         (a)   The use and occupancy restrictions and maintenance provisions for all general and limited common elements that will be included in the master deed;
         (b)   A storm drainage and storm water management plan, including all lines, swales, drains, basins and other facilities and easements granted to the appropriate jurisdiction for installation, repair and maintenance of all drainage facilities;
         (c)   A utility plan showing all water and sewer lines and easements granted to the appropriate jurisdiction for installation, repair and maintenance of all utilities;
         (d)   A narrative describing the overall objectives of the proposed site condominium development;
         (e)   A narrative describing the proposed method of providing potable water supply, waste disposal facilities and public and private utilities; and
         (f)   A street construction, paving and maintenance plan for all private streets.
      (4)   Construction in compliance with approved plan. No buildings or structures shall be constructed, nor shall any other site improvements or changes be made on the property in connection with a proposed site condominium development, except in compliance with a final site condominium development plan, as approved by the Planning Commission, including any conditions of approval.
      (5)   Issuance of permits. No building permit shall be issued, and no public sewer or public water service shall be provided for any dwelling or other structure located on a parcel established or sold in violation of this section. The sale or the reservation for sale of site condominium units shall be as regulated by the Condominium Act. No building in a site condominium development may be occupied or used until all required improvements have been completed and all necessary utilities installed.
      (6)   Expandable or convertible condominium developments. Approval of a final site condominium development plan shall not constitute approval of expandable or convertible portions of a site condominium development, unless the expandable or convertible areas were specifically reviewed and approved by the Planning Commission in compliance with the procedures, standards and requirements of this section.
      (7)   Changes in condominium developments. Any change proposed in connection with a development for which a final site condominium plan has previously been approved shall be regulated as follows:
         (a)   The following definitions shall apply:
            1.   EXEMPT CHANGE means a change to a site condominium project (other than a major or minor change) that is exempt from review and approval, as required for major or minor changes under this section. EXEMPT CHANGES shall be limited to the following:
               a.   A change in the name of the development, in the name of a street within the development or in the name of the developer;
               b.   A change in the voting rights of co-owners or mortgagees; or
               c.   Any other change in the site condominium development which, as determined by the Zoning Administrator, does not constitute a major or minor change or will not otherwise change the site configuration, design, layout, topography or any other aspect of a development which is subject to regulation under the zoning ordinance.
            2.   MAJOR CHANGE means a change in the site configuration, design, layout or topography of a site condominium development (or any portion thereof), including any change that could result in:
               a.   An increase in the number of site condominium units; or
               b.   Any other change in the site configuration, design, layout, topography or other aspect of the project which is subject to regulation under this chapter, including, without limitation, a change in the location of streets and utilities, or in the size, location, area, horizontal boundaries or vertical boundaries of a site condominium unit, or that which is determined by the Zoning Administrator to constitute a major change to the site condominium project.
            3.   MINOR CHANGE means a change in the site configuration, design, layout or topography of a site condominium development (or any portion thereof), that will result in:
               a.   A decrease in the number of site condominium units;
               b.   A reduction in the area of the building site for any site condominium unit;
               c.   A reduction of less than 10% in the total combined area of the general common elements of the site condominium;
               d.   A reduction in the total combined area of all limited common elements of the site condominium; or
               e.   Any other minor variation in the site configuration, design, layout, topography or other aspect of the development which is subject to regulation under this chapter, and which, as determined by the Zoning Administrator, does not constitute a major change.
         (b)   Any change which constitutes a major change shall be reviewed by the Planning Commission, at a public hearing and with the notice required for an original approval of a site condominium development, as provided in this chapter for the original review and approval of preliminary and final plans.
         (c)   Any change which constitutes a minor change shall be reviewed and approved by the Zoning Administrator.
         (d)   Any change which constitutes an exempt change shall not be subject to review by the city, but a copy of the exempt changes shall be filed with the Zoning Administrator.
      (8)   Incorporation of approved provisions in master deed. All provisions of a final site condominium development plan which are approved by the Planning Commission, as provided by this section, shall be incorporated by reference in the master deed for the site condominium project. Further, all major changes to a development shall be incorporated by reference in the master deed. A copy of the master deed, as recorded with the County Register of Deeds, shall be provided to the city within ten days after recording.
      (9)   Commencement of construction. Construction of an approved site condominium development shall commence within two years after final site condominium development approval and be diligently pursued to completion in accordance with the terms and conditions of the approval. The two-year period may be extended by the Planning Commission, at its discretion, for additional time periods as determined appropriate by the planning commission. Any extension shall be applied for, in writing, by the applicant prior to the expiration of the initial two-year period.
      (10)   Variances. Upon application, the Zoning Board of Appeals may permit a variance or variances which are reasonable and within the general policies and purposes of this section. A variance may be granted if the applicant demonstrates that literal enforcement of any of the provisions of this section is impractical or will impose practical difficulties in the use of the land because of special or peculiar conditions pertaining to the land. The ZBA may recommend, and may attach, conditions to the variance.
   (D)   Accessory dwelling unit (ADU).
      (1)   ADUs are subject to all applicable regulations of the zoning district in which they are located unless otherwise expressly stated in this section. ADUs are considered an accessory building and shall fit within the standards of § 153.116(A) which covers both attached and detached ADUs. All ADUs are required to obtain a zoning permit prior to construction.
      (2)   In districts that allow ADUs, they may be allowed on any legal parcel of record as of January 1, 2019, and there shall be an existing principal residential use on the parcel.
      (3)   At least one of the units on the parcel shall be occupied by an owner with at least 50% interest in the subject property. The owner shall occupy either the principal dwelling unit or the ADU as their permanent residence via Michigan homestead exemption. An ADU shall not be sold independently of the primary dwelling on the parcel. Short-term rentals of ADUs shall only be allowed in compliance with the standards and requirements of this Zoning Ordinance and the City of Charlevoix Code of Ordinances.
      (4)   The minimum square footage of an ADU is 300 square feet. The maximum square footage of an ADU is 650 square feet.
      (5)   A permanent foundation is required.
      (6)   The maximum lot coverage for parcels with an ADU may be increased to a maximum of 50% when stormwater runoff equivalent to 20% of the lot coverage area is collected in rain barrels, rain gardens, or is mitigated via porous concrete or other materials on the parcel.
      (7)   The ADU shall be designed so that the appearance of the structure maintains that of a single-family dwelling.
      (8)   Any exterior staircases that provide access to a second floor ADU shall not be on the front of either the principal dwelling or the ADU.
      (9)   Dimensional requirement modifications. Under some circumstances certain dimensional requirements modifications may be granted by a Special Land Use Permit after a site plan review by the Planning Commission. Application for modifications may be applied for new construction or pre-existing structures built prior to 2019 that are located within the required setbacks of the district. In order to grant a Special Land Use permit for any modifications all of the following must be met:
         (a)   That any walls within the setback areas comply with applicable building and fire codes.
         (b)   That a setback requirement of a minimum of 5 feet from the side and rear property lines shall be required.
         (c)   The location and design of the ADU maintains a compatible relationship to adjacent properties and does not significantly impact the privacy, light, air, or parking of adjacent properties.
         (d)   Windows on the ADU that impact the privacy of the neighboring side or rear yards have been minimized or screened.
   (E)   Boarding/rooming house. There shall be not more than four rooms occupied by tenants, subject to the following:
      (1)   Parking meets the requirements of § 153.187.
      (2)   Occupancy by tenants shall be for expected durations longer than 30 days.
      (3)   Individual rooms shall not contain independent cooking facilities. This requirement shall not prohibit the serving of meals to tenants or the use of a single kitchen by tenants.
      (4)   Rooming and boarding houses shall be owner occupied and serve as the principal residence of the owner or a designated caretaker shall be one of the occupants.
   (F)   Home conversions. An existing detached single-family dwelling built prior to 2019 that is located within the required setbacks of the district may be converted to multiple permanent dwelling units subject to the following:
      (1)   Lot area meets the minimum requirements for the district.
      (2)   The exterior appearance of the structure is not altered from its single-family character.
      (3)   Parking meets the requirements of § 153.187.
      (4)   Access to any second floor dwelling unit is provided from the interior of the structure.
      (5)   The minimum square footage required for a studio or one bedroom unit shall be 300 square feet.
      (6)   The minimum square footage required for a two bedroom unit shall be 450 square feet.
      (7)   All units have construction code-approved egress.
   (G)   Single-family attached and single multiple-family buildings.
      (1)   Single-family attached buildings and single multiple-family buildings are subject to all applicable regulations of the zoning district in which they are located unless otherwise expressly stated in this section.
      (2)   The main entrance is located in the building façade of the principal frontage.
      (3)   A maximum of two entrances per building façade.
      (4)   Parking is located in the rear or on the side of the building.
      (5)   Parking access is from the alley where available, otherwise access may be from the side or front lot line.
      (6)   The principal building façade shall have a minimum of 20% glazing (windows).
      (7)   There shall be a minimum of two windows per non-street facing building façade.
      (8)   Porches and stoops may project into the yards.
      (9)   Façade elements above the ground floor may project into the yards.
(Prior Code, § 5.47)  (Ord. 794, passed 9-17-2018; Ord. 795, passed 11-5-2018; Ord. 802, passed 4-15-2019; Ord. 805, passed 9-3-2019)