For the purpose of this ordinance, the City of Boyne City is hereby divided into the following districts:

The boundaries of the zoning districts are hereby established as shown on the zoning map, City of Boyne City, Michigan, which is hereby made an integral part of this ordinance. All references, notations and information shown thereon shall be as much a part of this ordinance as if fully described herein.

The boundaries of zoning districts, as shown on the zoning map, unless otherwise shown by dimensions from street lines or other designated line, follow the centerline of the streets or alleys or lot lines, and such lines extended and the corporate limits of the city as they exist at the time of adoption of this ordinance.

Where a district boundary line, as established in the above paragraph or as shown on the zoning map, divides a lot which was in a single ownership and of record at the time of enactment of this ordinance, district boundary line shall be fixed from the scale of the zoning map. The use authorized thereon and the other district requirements applying to the most restricted portion of such lot shall be considered as extending to the entire lot. The use so extended shall be deemed to be conforming.

All street and alley rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such street and alley rights-of-way. Where the centerline of a street or alley serves as a district boundary, the zoning of such street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

Questions concerning the exact location of district boundary lines shall be determined by the board of appeals after recommendation from the planning commission.

A.

Amendments or supplements to this zoning ordinance may be made from time to time in the manner provided by law.

The regulations and provisions stated in the text of this ordinance and the boundaries of zoning districts shown on the zoning map may be amended, supplemented or changed by ordinance of the city commission.

Proposals for amendments, supplements or changes may be initiated by the city commission on its own motion, by the planning commission, or by petition of a property owner or their designated representative.

The procedure to be followed for initiating and processing an amendment shall be as follows:

1.

Each petition by one or more persons for an amendment shall be submitted by application to the planning director on a standard form provided;

2.

The planning commission shall conduct at least one public hearing, notice of the time, date and place of which shall be given by publication in the official newspaper at least 15 days before the date of such hearing. In addition, all persons who own real property or are occupants of structures within 300 feet of the property to be rezoned shall be notified of the hearing by personal delivery or the mail. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organization, one occupant of each unit or spatial area shall receive notice. In the case of a structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals or businesses, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall be given at least five and not more than 15 days before the application will be considered. Notice of such public hearing shall also be given by mail to each public utility and/or railroad within the districts or zones affected;

3.

The planning commission shall review each proposal in terms of particular factors related to the individual proposal and in terms of the most likely effect on the community's physical development. Following review, the planning commission shall submit their recommendation to the city commission. The city commission will act upon the request by granting approval, disapproval, or referral back to the planning commission for additional study; [and]

4.

Upon presentation of a protest petition meeting the requirements of this subsection, an amendment to a zoning ordinance which is the object of the petition shall be passed only by a two-thirds vote of the legislative body. The protest petition shall be presented to the legislative body before final legislative action on the amendment and shall be signed by one of the following:

a.

The owners of a least 20 percent of the area of land included in the proposed change; [or]

b.

The owners of at least 20 percent of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change.

B.

No application for commission approval which has been wholly or in part denied shall be resubmitted until the expiration of one year or more from the date of denial, except on the grounds of newly discovered evidence or proof of changed conditions found to be sufficient to justify reconsideration by the planning commission.

A.

For amendment requests to add uses to a zoning district, the planning commission and city commission shall use the following as a guide:

1.

The proposed use is not already provided for elsewhere in the ordinance;

2.

The proposed use is compatible with uses already permitted in that district;

3.

The proposed use relates well with the city's comprehensive plan;

4.

The proposed use relates well with the spirit and intent of this ordinance, and with the objectives of the zoning district;

5.

The proposed use is properly located in the district;

6.

The proposed use is most appropriate in the district if permitted by special conditional land use permits; [and]

7.

There is a need to add the proposed use.

B.

For amendment requests to change or to add additional regulations or standards to a district or a use, the planning commission and city commission shall use the following as a guide:

1.

The proposed rule, change or addition helps to reinforce the comprehensive plan;

2.

The proposed rule, change or addition is in keeping within the spirit and intent of the this ordinance, and with the objectives of the zoning district;

3.

The problem or issue which the change is intended to address cannot be accomplished in another, more appropriate fashion;

4.

The proposed amendment would correct an error in the ordinance;

5.

The proposed amendment would clarify the intent of the ordinance;

6.

Documentation has been provided indicating problems and conflicts in implementation or interpretation of specific sections of this ordinance;

7.

The proposed amendment would address changes to county, state or federal legislation;

8.

The proposed amendment would address potential legal issues or administrative problems with this ordinance based on recent case law or opinions rendered by the attorney general of the State of Michigan;

9.

The proposed amendment would promote compliance with changes in other city ordinances and/or county, state, or federal regulations;

10.

The proposed amendment is supported by the findings of reports, studies, or other documentation on functional requirements, contemporary building practices, environmental requirements and similar technical items; [and]

11.

Other criteria as determined by the planning commission or city commission which would protect the health, safety, and welfare of the public, protect public and private investment in the city, promote implementation of the goals and policies of the comprehensive plan, and enhance the overall quality of life in the city.

C.

For amendment requests to change, create, extend or reduce a mapped zoning district, the planning commission and city commission shall use the following as a guide:

1.

The proposed zoning district is more appropriate than any other zoning district, or more appropriate than adding the desired use as a conditional land use in the existing zoning district;

2.

The property cannot be reasonably used as zoned, and the applicant cannot receive a reasonable return on investment through developing the property with one of the uses permitted under current zoning at the time of purchase or at the time of securing legal control of the property;

3.

The proposed zone change is supported by and consistent with the goals, policies and future land use map of the adopted city comprehensive plan, including any sub-area or corridor studies. If conditions have changed since the comprehensive plan was adopted, as determined by the planning commission, the consistency with recent development trends in the area shall be considered;

4.

The proposed zone change is compatible with the established land use pattern, surrounding uses, and surrounding zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure and potential influence on property values, and is consistent with the needs of the community;

5.

All the potential uses allowed in the proposed zoning district are compatible with the site's physical, geological, hydrological and other environmental features;

6.

The change would not severely impact traffic, public facilities, utilities, and the natural characteristics of the area, or significantly change population density, and would not compromise the health, safety, and welfare of the city. The planning commission may require a general impact assessment in accordance with the requirements of this ordinance if it determines the proposed zoning change could have a negative impact upon traffic, public facilities, utilities, natural characteristics, populations density, or other concerns. A traffic impact study in accordance with the requirements of this ordinance shall be required if the proposed rezoning district permits uses that could generate 100 or more directional trips during the peak hour, or at least 1,000 trips per day more than the majority of the uses that could be developed under current zoning;

7.

The rezoning would constitute and create an isolated and unplanned "spot zone" granting a special privilege to one landowner not available to others;

8.

The change of present district boundaries is consistent in relation to existing uses, and construction on the site will be able to meet the dimensional regulations for the proposed zoning district listed in the schedule of regulations;

9.

There has been a change of conditions in the area supporting the proposed rezoning.

10.

Adequate sites are neither properly zoned nor available elsewhere to accommodate the proposed uses permitted in the requested zoning district;

11.

There was a mistake in the original zoning classification; [and]

12.

The request has not previously been submitted within the past one year, unless conditions have changed or new information has been provided.

D.

Any amendment for the purpose of conforming to a decree of a court of competent jurisdiction shall be adopted by the city commission and published, without necessity of a public hearing or referral thereof to any other board or agency.

Within each zoning district there are uses which when developed in accordance with sound planning and site plan principles are consistent with the purpose and objectives of the district. For the purpose of this ordinance these uses shall be known as principal permitted uses as set forth in the individual district and shall be allowed within that particular district subject to the development requirements for the district.

A.

Purpose and intent. Within each zoning district it is recognized that there are uses, because of their unique characteristics which cannot be properly classified in any particular district or districts without consideration in each case of the impact of such uses upon neighboring land, and of the public need for the particular use at the particular location. Such uses may be consistent with the purpose and objectives of the particular zoning district only in specific locations, under specific conditions and when developed in accordance with sound planning and site plan principals.

The intent of this section is to provide regulations for uses which are essentially compatible with principal permitted uses in a given district, but which, by reason of the special nature of such uses or their particular location in relation to neighboring properties, require a stricter level of review by the city. Accordingly, conditional uses should not be permitted without consideration of relevant restrictions or conditions being imposed which address their unique characteristics.

B.

Authorization. The conditional use approval of specific land uses and activities, as required under this ordinance, all titled conditional uses, may be authorized by the planning commission; provided that no application for conditional use approval shall be acted upon until after a public hearing is held in accordance with Act 207 of the Public Acts of 1921, as amended. The planning commission shall take final action on all conditional uses.

C.

Applications. An application for conditional use approval for a land use shall be filed and processed in the manner prescribed for an application for development plan review in article XIX of this ordinance, and shall be accompanied by the payment of a fee as established by resolution of the city commission. Any application for conditional use approval shall be filed simultaneously with an application for development plan review for the subject use.

D.

Public hearing and notice of request. The planning commission shall review and take action on applications for conditional use approval following the procedures set forth in section 2.40 of this ordinance for processing a zoning amendment application, including requirements for a public hearing and notice of the public hearing. The notice shall:

1.

Describe the nature of the conditional use request;

2.

Indicate the property, which is the subject of the conditional use request;

3.

State when and where the conditional use request will be considered; and

4.

Indicate when and where written comments will be received concerning the request.

[E.]

Standards of approval. For the purpose of this ordinance these uses shall be known as conditional uses as set forth in the individual district and shall be allowed within that particular district subject to the development requirements for the district; provided the planning commission finds the conditional use affirmatively meets the following criteria deemed applicable in each case:

1.

The conditional use will promote the use of land in a socially and economically desirable manner for persons who will use the proposed land use or activity, for landowners and residents who are adjacent thereto and for the city as a whole;

2.

The conditional use is compatible and in accordance with the goals, objectives and policies of the city's comprehensive plan;

3.

The conditional use is necessary for the public convenience at that location;

4.

The conditional use is compatible with adjacent uses of land, and can be constructed, operated and maintained so as to continue to be compatible with the existing or intended character of the general vicinity and so as not to change the essential character of the area in which it is proposed;

5.

The conditional use shall be of such location, size and character, that it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts;

6.

The conditional use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;

7.

The conditional use can be adequately served by public services and facilities without diminishing or adversely affecting public services and facilities to existing land uses in the area;

8.

The conditional use will not cause injury to the value of other property in the neighborhood in which it is to be located;

9.

The location and use and assembly of persons in connection with the proposed conditional use will not be hazardous to the district in which the use is located, hazardous to a specific use or life and property within the district, or be incongruous therewith or in conflict with the normal traffic of the district;

10.

The conditional use will protect the natural environment, help conserve natural resources and energy, and will not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to the natural environment, public health, safety or welfare by reason of excessive production of traffic, noise, smoke, odors or other such nuisance;

11.

The vehicular circulation for the proposed conditional use will be in the best interest of the public health, safety and welfare in relationship to egress/ingress to the site, vehicular turning movements related to street intersections and street gradient, site distance and potential hazards to the normal flow of traffic; and

12.

The conditional use is within the provisions of uses requiring conditional use approval as set forth in the various zoning districts herein, is in harmony with the purposes and conforms to the applicable regulations of the zoning district in which it is to be located, and the proposed site layout is in compliance with the general standards of article XIX, regarding site development and shall insure that:

a.

The use and associated activities on the property are so located as not to hinder the projected development of the adjacent properties or impair the existing uses of adjacent lands. This shall include all uses associated with the particular use such as parking, lighting, display signs, etc.; [and]

b.

Sufficient landscaping, fencing, walls and other means of buffering are provided to insure that operation of the use will not be objectionable to nearby uses or dwellings by reason of noise, fumes or flash of lights nor interfere with an adequate supply of light and air, nor increase the danger of fire or otherwise create the potential of endangering the public safety.

No conditional use approval shall be granted by the planning commission unless it finds the conditional use affirmatively meets the criteria listed herein which are deemed applicable in each case;

F.

Conditions of approval. The planning commission may impose such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights on nearby parcels, and for insuring that the purposes of this ordinance and the general spirit and purpose of the district in which the special use is proposed will be observed. Conditional use approvals may be granted for a specific time period as determined by the planning commission;

G.

Approval. The planning commission may deny, approve or approve with conditions any request for conditional use approval of a land use. The decision on a conditional use approval shall be incorporated in a findings of fact relative to the specific land use under consideration. The decision shall specify the basis for the decision and any conditions imposed.

1.

Prior to granting any conditional use approval, the planning commission may impose any additional conditions or limitations as, in its judgment, may be necessary for protection of the public interest. Such conditions shall be related to and ensure that the review considerations and applicable regulations of this ordinance are met.

2.

Approval of a conditional use, including conditions made as part of the approval, is attached to the property described as part of the application and not to the owner of such property.

3.

A record of the decision or recommendation of the planning commission, the reasons for the decision reached and any conditions attached to such decision shall be kept and made a part of the minutes of the planning commission.

4.

The planning director shall make periodic investigations of developments authorized by conditional use approval to determine continued compliance with all requirements imposed by the planning commission. Noncompliance with the requirements and conditions approved for the conditional use shall constitute grounds for the planning commission to terminate the approval following a public hearing. Such hearing shall be held in accordance with the procedures used for the original hearing as required by this ordinance.

H.

Records. The conditions imposed with respect to the conditional use approval of a land use or activity shall be recorded in the record of the conditional use approval action and shall remain unchanged except upon the mutual consent of the planning commission and the landowner. The planning commission shall maintain a record of changes granted with conditions.