General requirements and standards apply to all districts except as noted herein. Where requirements of a general regulation and a district regulation differ, the more restrictive requirement shall prevail.

No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, designed or arranged, for any purpose other than is permitted in the district in which the building or land is located. No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.

A roof structure for the housing of elevators, stairways, tanks, ventilation fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, individual domestic radio and television aerials, wireless communication facilities, and wireless masts, electrical transmission and communication poles and towers, theater screens, steeples, flagpoles, chimneys, smokestacks, wireless masts, water tanks, grain elevators, silos, gas containers, industrial installation requiring a vertical production procedure such as flour mills, steel mills and refineries, or similar structures may be erected above the height limits herein prescribed, but no such structures shall be allowed for the purpose of providing additional floor space for residential, business or industrial use.

No such structure may be erected to more than twice applicable the height limits of the district in which it is located. No such structure shall have a total area greater than 25 percent of the roof area of the building. Such structures shall be screened by a solid wall, landscaping, and/or architectural features that are compatible in appearance with the principal building. No such structure shall be used for any residential purpose or commercial purpose, other than a use incidental to the main use of the building.

A.

Recorded lots. Lots established by a legally recorded plat or deed prior to the adoption of this ordinance which have less than the minimum area or width requirements established by this section, may nevertheless be used for any use permitted within the district in which such lot is located. In addition, lots established by a recorded plat or deed subsequent to the adoption of the ordinance and which met the requirements of said ordinance, but as a result of amendments thereto can no longer meet the minimum area or width requirements, may nevertheless be used for any use permitted within the district in which such lot is located.

B.

Lack of public utilities. In areas unserved by public or other approved community water and/or sewage facilities, the minimum lot areas required by these regulations shall be increased to include any additional area deemed necessary by the state or county boards of health to insure safe water supply and/or adequate sewage disposal.

Every building hereinafter erected or structurally altered shall be located on a lot herein defined and there shall be not more than one main building on one lot unless otherwise provided in this ordinance. Exceptions to the aforementioned requirement include multiple-family dwellings in a multiple-family residential district (MFRD), or a development using the open space community option.

No lot may contain more than one principal building, structure or use, excepting groups of multiple-family dwellings, site condominiums as approved under the provisions of this ordinance, or retail business buildings or other groups of buildings the planning director/zoning administrator deems to be a principal use collectively.

Accessory buildings or structures, including, but not limited to, porches enclosed by walls, or garages, attached to a dwelling unit or other principal building in a substantial manner, such as by a wall or roof, shall be deemed a part of such main building for the purpose of determining compliance with the provisions of this chapter concerning required yards.

No dwelling unit shall be built, moved or converted upon a lot having a frontage of less than 20 feet upon a public street, or upon a private street or other permanent easement giving access to a public street. No zoning permit shall be issued for any construction located on any lot or parcel of land in the city that does not abut on a public street or highway or have access to a public street or highway. All access to a public street, or upon a private street or other permanent easement giving access to a public street shall be hard surfaced with concrete or plant-mixed bituminous material, and shall meet the requirements of section 24.60 G., off-street parking and loading. However, this ordinance shall not be the basis for preventing the issuance of a building permit for ordinary repair or maintenance of any building that is already erected on the date of adoption of this ordinance upon a lot or parcel of land that does not so abut such a street or highway.

Each lot shall have a front yard with a minimum depth measured from, and parallel to, the front right-of-way line, existing or proposed, whichever is greater. Where a front yard of greater or less depth than specified exists in front of a dwelling on one side of a street in any block in a traditional residential district (TRD), the depth of the front yard of any building thereafter erected or placed on any lot in such block shall be not less, but need not be greater, than the average depth of the front yards of existing dwellings.

No residential structure shall be erected upon the rear of a lot. Structures in residential districts shall be set back no further than the average front setback of 50 percent of the structures upon the same block, as determined by the planning director. Appeals of such determination shall be resolved by the planning commission. No residential structure shall be erected upon a lot with another dwelling unless otherwise provided by this ordinance.

Editor's note— Ord. of 12-16-2008, § 4, repealed § 21.17, which pertained to viewshed of the lake, and derived from Ord. No. A-80.

In the case of a corner lot, the side yard width to the side street line shall be equal to the front yard depth requirement for the district in which the lot is located. In no case shall be side yard width to the side street line be less than 20 feet, unless provided for in another district, such as the CBD.

A.

Purpose. The purpose of these overlay provisions shall be to regulate the development and redevelopment of waterfront properties within the city while to the maximum extend feasible:

1.

Protecting water quality through increased setbacks;

2.

Maintaining a scale of development which is in keeping with small lot sizes and/or adjacent structures; and

3.

Minimizing the visual impact of waterfront development from the water.

[B.]

Delineation of the waterfront overlay district. These overlay provisions shall cover all lots, site condominium units or any projects which front on or directly access wetlands, as defined in the Boyne City Comprehensive Plan, and rivers or lakes within the city, including, but not limited to Lake Charlevoix, the Boyne River and Mud Lake. These regulations shall be in addition to other provisions of this ordinance.

[C.]

Zoning and use regulations.

1.

Permitted and conditional uses shall be those uses permitted in the respective zoning district(s) in which a proposed project lies with the exception, in the waterfront overlay district, additional two-family and multifamily residential dwellings shall be prohibited. Action to create this Waterfront Overlay District shall not be interpreted to create nonconforming structures and uses which were existing at the time of enactment of this Ordinance A-80. Those lawfully existing two-family and multifamily dwellings shall be subject to, and still have to conform to, the requirements of each respective zoned district in which property is located. Those aforementioned existing structures will be allowed to be reconstructed and updated on the existing foundation, but not expanded.

Garages, decks and open porches, which meet the requirements of each specific zoned district, may be added to those multifamily and duplex structures, which were lawfully existing at the time of enactment of this amendment, and are located in the waterfront overlay district.

2.

Water front setback: For the purposes of this ordinance the water side of the structure shall be considered the front yard. Except for docks, shoreline protection structures and walkways six feet or less in width, all other structures shall be located a minimum of 35 feet upland from the high water elevation as defined.

3.

Wetland setback: All structures or additions to existing structures shall be set back at least 25 feet from areas defined as wetlands in the Boyne City Comprehensive Plan or from wetlands as determined by a qualified wetland consultant or the department of environmental quality (DEQ).

4.

Side yard setback: Determined by the district in which the construction is proposed and shall take into account the regulations in section 21.17 and the regulations set forth in article XX.

5.

Road setback: For the purposes of this district, the road side of a property will be considered a rear yard and subject to the requirements of article XX, if a road is present. If no road is present, that side opposite the water shall be considered the rear yard and subject to article XX.

6.

For property zoned RED, TRD, WRD and CSD, a soil erosion plan and a stormwater plan submitted to and approved by the Charlevoix County Soil Erosion Officer shall be required prior to obtaining a zoning permit. For property zoned WMD, MFRD, and CBD an engineered stormwater plan meeting the requirements of the Charlevoix County Soil Erosion Sedimentation and Stormwater Runoff Control Ordinance shall be required prior to obtaining a zoning permit.

7.

River corridors: For property located within the CBD, setbacks shall be 15 feet from the 100-year floodplain.

The use of any portion of the basement of a partially completed building, or any garage or accessory building for dwelling or sleeping purposes in any zoning district is prohibited. No dwelling unit shall be erected in an industrial district. However, the sleeping quarters of a watchman or a caretaker may be permitted in an industrial district in conformity with the specific requirements of the particular district.

A.

No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this ordinance shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space or any lot be considered as providing a yard or open space for another lot whereon a building is to be erected.

B.

No lot, adjacent lots in common ownership, required yard, parking area or other required open space shall be created, divided or reduced in dimensions or area below the minimum requirements of this ordinance. If already less than the minimum requirements of this ordinance, a lot or adjacent lots in common ownership or a required yard, parking area or other open space shall not be divided or reduced in dimensions or area so as to increase its noncompliance with the minimum requirements of this ordinance. Lots or yards created after the effective date of this chapter shall comply with the requirements of this chapter.

C.

In determining whether or not the minimum open space requirements of this ordinance have been met, the planning director shall consider and count any area of land owned by the developer adjacent to the property for which plans for the development of a building have been submitted, which land lies between the outside edge of an easement for a City of Boyne City or a Charlevoix County drain and the centerline of the drain proper. If the parcel to be so developed is dissected by any such drain, the planning director shall consider and count the entire area affected by the easement of the drain, provided that such surface area shall not be utilized for permanent structures or any other improvements of the drain and provided, further, that in no event shall the area lying within any such drain easement be considered or counted for more than 20 percent of the total minimum open space requirement of this ordinance.

D.

In any residential district, the front and rear yard requirements of a double frontage lot shall be the same as prescribed for any single lot in the zone wherein the double frontage lot is located.

No structure, fence, wall, hedge, planting, tree or other obstruction to vision in excess of 2½ feet in height shall be erected or maintained on that part of the corner residential lot that is included between the lines of intersection of street rights-of-way and a line intersecting them at points of 25 feet distance from the intersection of the street lines. Branches of trees within such areas shall be trimmed to not less than eight feet above street level.

A.

Cornice, sill, chimney or fireplace. A cornice, eave belt course, sill, canopy or other similar architectural feature (not including bay window or other vertical projection which shall be a part of the main building) may extend or project into a required side yard not more than two inches for each one-foot of width of such side yard and may extend or project into a required front or rear yard not more than 36 inches. Chimneys or fireplaces may project into a required front, side or rear yard not more than two feet, provided the width of such side yard, is not reduced to less than five feet.

B.

Fire escape. A fire escape may extend or project into any front, side or rear yard not more than four feet.

C.

Open stairway or balcony. An open, unenclosed stairway or balcony, not covered by a roof or canopy may extend or project into a required rear yard not more than six feet and such balcony may extend into a required front yard not more than six feet.

D.

Porch, open. An unenclosed platform or landing which does not extend or project into any required front, side or rear yard not more than eight feet is exempted from yard requirements provided that the width of a side yard is not reduced to less than five feet. An overhang, canopy, or portico may be placed over the open porch, but it shall not be enclosed.

A.

Fences, walls, or hedges. Fences, walls and hedges may be permitted in any yard, or along the edge of any yard. The height of fences, walls, and hedges shall not exceed six feet in any side or rear yard. An industrial fence may be permitted up to eight feet in height along the side or front of a front yard providing it does not constitute an obstruction for motor vehicles. In all other districts no fence, wall, or hedge along the side or front of any front yard, or in front of the side building line of a corner lot shall be over 3½ feet along the side or front of a front yard providing it does not constitute an obstruction for motor vehicles. A security fence for a permitted use may include a maximum of one additional foot of barbed wire in an industrial district only.

[1.]

No fence shall be erected or maintained in such a way as to obstruct the vision of motorists exiting driveways. No fence or wall in a front yard on a corner lot, within a triangular section of land formed by the two street right-of-way line and a line connecting them at points 25 feet from the intersection of such right-of-way line shall exceed 30 inches in height above the curb level.

[2.]

Fences may be placed up to a lot line. No parts of any fences, including foundations, may extend beyond any lot line.

[3.]

No chainlink fence shall be erected in any front yard within a residential district, unless enclosing a retention pond that has been approved by the planning commission.

[4.]

The finished sides of fences in the rear or side yard may face towards or away from the property on which they are placed. If a fence exists in the rear or side yard of an adjacent lot, only one other fence may be placed along the adjoining boundaries of such adjacent lot. Areas between abutting fences must be maintained in accordance with this ordinance and the city's Code of Ordinances.

[5.]

No fence, wall or screen shall be erected within any public right-of-way.

[6.]

The use of electric current or charge on any fence or part thereof is prohibited. Electronic fences buried beneath the ground are not regulated by this section.

B.

Trees, shrubs, flowers or plants. Trees, shrubs, flowers or plants shall be permitted in any front, side or rear yard, provided it does not violate the corner setbacks as set forth in this section.

C.

Other specified structures. Walls, driveways, curbs, retaining walls, mailboxes, nameplates, lampposts, birdbaths and structures of a like nature shall be permitted in any front, side or rear yard.

D.

Swimming pools, private. Private pools shall be completely surrounded by a fence of not less than four feet. Aboveground swimming pools need not be fenced if their side walls are at least four feet in height, or when a fence is secured on top of the side pool walls to a minimum of four feet in height as measure from ground level. All swimming pool fences or walls shall be constructed as to have no openings larger than four inches in dimension, except for doors and gates. All doors and gates shall be self-latching and self-closing.

It shall be unlawful throughout the city to openly store, collect or place garbage, discarded building materials, refuse, junk, inoperable and unlicensed motor vehicles, or other similar materials, except upon land owned and operated as a state approved solid waste site.

No premises shall be filled or grades established so as to discharge the surface runoff on abutting property in such a manner that will cause inconvenience or damage to adjacent properties.

Access drives may be placed in the required front or side yards so as to provide access to a rear yard. Further, any walk, terrace or other pavement serving a like function shall be permitted in any required yard.

Accessory buildings and structures, except as otherwise permitted in this ordinance, shall be subject to the following regulations:

A.

General standards.

1.

Accessory buildings, structures and uses are permitted only in connection with, incidental to and on the same lot with a principal building, structure or use. An accessory building, structure or use must be in the same zoning district as the principal building, structure or use on a lot.

2.

No accessory building, structure or use shall be occupied or utilized unless the principal structure is occupied or utilized. No accessory building, structure or use may be placed on a lot without a principal building, structure or use.

3.

Where the accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations of this ordinance applicable to main or principal buildings.

4.

An accessory building shall not exceed 20 feet in height and may occupy not more than the ground floor area of the principal building.

5.

In any residential district, accessory buildings shall not be erected closer to the side lot line than the required setback distance for the dwelling, unless the accessory building is completely to the rear of the dwelling, in which event the accessory building may be erected three feet from any side or rear lot line.

6.

In the case of double frontage lots or corner lots, accessory buildings shall observe front setback requirements on all street frontages.

7.

No accessory building shall be constructed upon or moved to any parcel of property until the principal building thereon, or intended to be placed thereon, is at least two-thirds completed.

B.

Garages. In any residential district, no garage shall be erected closer to the side lot line than the permitted distance for the dwelling, unless the garage is completely to the rear of the dwelling, in which event the garage may be erected three feet from any interior side lot line. No garage or portion thereof shall extend into the required front yard area. Attached garages of fireproof construction may be erected to extend beyond the front line of the house in those areas which are being developed according to a common plan that includes the construction of attached garages extending beyond the front line of the house, provided that such garages shall not encroach in or upon the minimum front yard area as required by this ordinance.

No garage, utility building or accessory building shall be constructed upon or moved to any parcel of property until the principal building thereon, or intended to be placed thereon, is at least two-thirds completed.

C.

Mechanical equipment. Mechanical equipment, such as blowers, ventilating fans and air conditioning units, shall be placed not closer than three feet to any lot line in any business district, and not closer than 12 feet to any lot line in all other districts.

D.

Flagpoles. Flagpoles in single-family residential districts shall be not exceed 40 feet in height and may be illuminated; provided the source of illumination is designed, located, and shielded to prevent glare onto adjacent properties, and shall be arranged to prevent adverse affects on motorist visibility on adjacent rights-of-way.

Flagpoles in other than single-family residential districts shall not exceed 100 feet in height and may be illuminated provided the source of illumination is designed, located, and shielded to prevent glare onto adjacent properties, and shall be arranged to prevent adverse affects on motorist visibility on adjacent rights-of-way.

(Amd. of 9-29-2011)

In business and industrial districts, accessory buildings and uses may occupy any of the ground area which the principal buildings is permitted to cover. Accessory buildings such as buildings for parking attendant, guard shelters, gatehouses and transformer buildings may be located in the front or side yard of industrial districts.

Any building or structure for which a zoning permit has been issued and the construction of the whole or a part of which has been entered into pursuant to a building permit issued prior to the effective date of this ordinance may be completed and used in accordance with the plans and applications on which said building permit was granted.

A building which is lawfully under construction at the time of adoption of this ordinance shall be allowed to be completed within one year of the passage of this ordinance. Adoption of this ordinance shall not require any changes to the plans, construction or designated use of any such buildings.

Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the planning director, or required compliance with his lawful order.

No proposed plat of a new subdivision shall hereafter be approved by city commission unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various zoning districts, and unless such plat fully conforms with the statutes of the state, this ordinance, and the subdivision control ordinance and the city's construction standards.

A.

Purposes. In order to regulate and control the problems of noise, odor, light, fumes, vibration, dust, danger of fire and explosion and traffic congestion, which result from the unrestricted and unregulated construction and operation of automotive fueling stations, service stations and repair centers, and to regulate and control the adverse effects which these and other problems incidental to automotive fueling stations, service stations and repair centers may exercise upon adjacent and surrounding areas, the following regulations and requirements are provided for automotive fueling stations, service stations and repair centers located in any zoning district. All automotive fueling stations, service stations and repair centers erected after the effective date of this ordinance shall comply with this section. No automotive fueling station, service station or repair center existing on the effective date of this ordinance shall be structurally altered so as to provide a lesser degree of conformity with this section than existed on the effective date of this ordinance.

B.

Minimum area and frontage. An automotive fueling station, service station or repair center shall be located on a lot having a frontage along the principal street of not less than 150 feet and having a minimum area of 15,000 square feet.

C.

Setbacks. An automotive fueling station, service station or repair center building housing an office and/or facilities for servicing, greasing and/or washing motor vehicles shall be located not less than 40 feet from any street lot line and not less than 50 feet from any side or rear lot line directly adjoining a residentially zoned district. In cases where the side or rear line abuts an open public alley the structure may be constructed on such property line.

D.

Driveway and curbs.

1.

All driveways providing ingress to or egress from an automotive fueling station, service station or repair center shall comply with the standards of this ordinance, and shall not be more than 30 feet wide at the property line. Not more than one curb opening shall be permitted along any street. No driveway or curb opening shall be located nearer than 20 feet to any corner or exterior lot line, as measured along the property line. No driveway shall be located nearer than 30 feet, as measured along the property line, to any other driveway.

2.

A raised concrete curb, six inches in height, shall be erected along all street lot lines, except for driveway openings.

E.

Paved areas. The entire lot, excluding the area occupied by a building, shall be hard surfaced with concrete or a plant-mixed bituminous material, except desirable landscaped areas which shall be separated from all paved areas by a raised concrete curb, six inches in height.

F.

Equipment location. All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline and fuel pumps shall be located not less than 15 feet from any lot line and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street or right of way.

G.

Number of pumps. An automotive fueling station, service station or repair center located on a lot having an area of 15,000 square feet shall include not more than four double gasoline and fuel pumps or eight single gasoline and fuel pumps and two enclosed stalls for servicing, lubricating, greasing and/or washing motor vehicles. An additional two gasoline and fuel pumps and/or one enclosed stall may be included with the provision of each additional 2,000 square feet of lot area.

H.

Screening. Where an automotive fueling station, service station or repair center adjoins property located in any residential district, a greenbelt, berm, or buffer strip, shall be erected and maintained along the interior lot line, or if separated from the residential district by an alley, then along the alley lot line. In addition, all trash areas or used tires, automotive parts and other items shall be screened.

I.

Lighting. All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent and neighboring property, and shall comply with all requirements of this ordinance.

J.

Prohibited locations. No automotive fueling station, service station, repair center, or public garage shall be located nearer than 200 feet, as measured from any point on the property line, to any school, playground, church, hospital or other such use where large numbers of people congregate.

K.

Outdoor storage and parking. All repair work shall be conducted completely within an enclosed building. There shall be no storage of vehicle components and parts, trash, supplies or equipment outside of a building. Outdoor storage or parking of vehicles or trailers, other than private passenger automobiles, shall be prohibited between 10:00 p.m. and 7:00 a.m. of the following day, except that equipment rental operations shall be permitted if incidental to the automotive fueling and/or service station or repair center, and if restricted to travel trailers or campers of under 21 feet overall length, car-top carriers and similar auto accessories. Such operations shall be within fenced enclosures observing the same setbacks as required for buildings in the zoning district wherein the automotive fueling and/or service station or repair center is located, and their storage area shall not exceed 20 percent of the area of the service station or repair center site.

L.

Removal of underground storage tanks. In the event that an automobile service station use has been abandoned or terminated for a period of more than one year, all underground gasoline storage tanks shall be removed from the premises.

A minimum sloping grade of one foot above the street level, or other grade established by the city, shall be required of all buildings having a front yard space. Where front yard space is provided in excess of 25 feet, the grade may be increased an additional one-fourth inch for each foot of additional front yard space to 50 feet. In no case shall the grade exceed 18 inches above the street. All rear yards shall be graded so as to provide a gradual sloping grade from the rear wall of the building to the rear lot line. The grade at the rear wall shall be substantially the same as that established at the front wall. The grade at the rear lot line shall be that as established by the planning director.

Temporary principal or accessory buildings, structures and uses may be permitted, subject to the following conditions:

A.

Temporary buildings and structures may only be used for the storage of construction materials, tools, supplies and equipment, for construction management and supervision offices, and for temporary on-site sanitation, solid waste or fuel facilities related to construction activity on the same lot;

B.

No temporary building or structure shall be used as a dwelling unit;

C.

The placement of temporary buildings and structures shall be in conformance with the requirements of this ordinance. A zoning permit for such building or structure shall be issued by the planning director prior to installation;

D.

Temporary buildings and structures shall be removed from the lot within 15 days after an occupancy permit is issued by the planning director for the permanent structure on such lot, or within 15 days after the expiration of a building permit issued for construction on such lot;

E.

Temporary uses and seasonal or special events (including carnivals, circuses, former markets, flea markets) may be allowed in any district upon issuance of a permit, when meeting the standards listed below and in compliance with subparagraph (3) of this section:

1.

Seasonal sales events may be allowed on any lot with a permitted principal building. Seasonal sales may also be allowed on a vacant lot when providing the minimum setback for buildings, structures and parking required for the appropriate zoning district. In no case shall the setbacks for buildings, structures and parking be less than ten feet;

2.

If the petitioner is not the owner of the property, the petitioner shall provide written permission of the owner of the property to allow such an event;

3.

Special standards for temporary uses and seasonal or special events:

a.

Approval for these types of uses shall be by city commission. The city commission shall consider the intensity of the proposed use in relation to adjacent land uses and sufficiency of parking. city commission may require site improvements, such as fencing, and restrict hours of operation to help ensure compatibility with surrounding land uses;

b.

The applicant shall provide information establishing a reasonable liability insurance coverage is carried, as determined by the city's insurance carrier;

c.

The sketch plan for the event shall include a description of traffic flow and parking management to ensure safe and efficient traffic operations without creating unreasonable congestion on public streets; [and]

d.

Farmers markets which are to occur on a regular schedule shall be permitted only in districts zoned commercial or on public land. [The] city commission may extend the time period for the temporary use permit so that a separate permit is not required for each event within any one calendar year; provided the number of dates and a schedule are established at the time of application;

4.

One parking space shall be provided for each 800 square feet of gross lot area used for the activity (not including storage areas) plus additional parking space for any structure utilized for retail sales computed in accordance with the requirements for retail stores;

5.

A sketch plan (to scale) shall be provided illustrating, if applicable:

a.

Property lines;

b.

Adjacent uses and zoning districts;

c.

Existing and proposed buildings and structures;

d.

Location of any areas for storage such as inventory not being displayed;

e.

Fire hydrants;

f.

Layout of parking;

g.

Boundaries of proposed sales areas; [and]

h.

The location and size of any proposed sign (off-premise signs shall also be mapped);

6.

All equipment, materials, goods, poles, wires, signs and other items associated with the temporary uses shall be removed from the premises within five days of the end of the event. Following the five-day period, the city shall use the escrow fee to clear such items from the property; [and]

7.

The length of a temporary use or sales event shall not exceed seven days, except that sales of Christmas trees are permitted for up to 60 days;

F.

Review and approval procedures, permit fees and required escrow for temporary uses and sales events:

1.

Except as otherwise noted above for carnivals, circuses, farmers markets and similar events as defined by the planning director, the planning director shall review and approve requests for a temporary use or seasonal event. Where appropriate, the planning director shall consult with the police chief and fire chief. If the request is denied, the planning director shall state the reasons for denial in writing and provide a copy to the applicant;

2.

The applicant shall pay a nonrefundable permit fee to the city treasurer. The fee shall be established and modified, from time to time, by city commission. The amount of the permit fee may vary depending upon the type of event;

3.

The proprietor of the temporary use or seasonal event may be required to deposit a cash bond or similar type of escrow, in an amount established by city commission, prior to the issuance of a permit. The escrow shall be used by the city to pay the cost of returning the property to its state prior to commencement of the event or refunded to the proprietor upon compliance with the requirements of this ordinance and any other applicable ordinances; [and]

4.

[The] city may waive these requirements if it deems the requirements unnecessary.

A.

Essential public services shall be permitted in any zoning district as authorized and regulated by law and other provisions of this ordinance and the city's Code of Ordinances, it being the intention hereof to exempt such essential services from the application of this ordinance.

B.

The board of appeals may permit the erection and use of a building, or an addition to an existing building, of a public service corporation or for public utility purposes, in any permitted district to a greater height or of a larger area than the district requirement herein established, and may permit the location in any use district of a public utility building, structure or use, if the board finds such use, height, area, building or structure reasonably necessary for the public convenience and services, and if such building, structure or use is designed, erected and landscaped to conform harmoniously with the general architecture and plan of such district.

A.

Generally. The erection, construction or alteration of outdoor advertising structures, billboards, signs and other notices which advertise a business, commercial venture or name of a person shall be approved by the planning director as to compliance with the city's Sign Ordinance and this ordinance.

B.

Real estate signs. Signs advertising real estate in the city for sale or rent are permitted in all zoning districts; provided that all real estate advertising signs are used only during the construction of a building or the offering for sale or rental of real estate, and provided further that they are not larger than ten square feet in area and are only located on the property that is being offered for sale.

In order to provide adequate protective screening for residential areas adjacent to or near nonresidential areas, the following regulations shall apply:

A.

Where a business or industrial district abuts directly upon a residential district, a landscaped greenbelt meeting the landscaping standards of article XXIII, shall be provided and maintained along its entire length by the users of the business or industrially zoned property.

The remainder of the landscaped area which is not planted with evergreens as provided in this subsection shall meet the requirements of this ordinance, and be in well kept lawns. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance. All planting plans shall be first submitted to the planning commission for approval as to suitability of planting materials and arrangements thereof in accordance with this subsection and this ordinance.

When vehicles, open air displays, waste receptacles, or other features generally exceed a six-foot height, the screening shall be increased to a height adequate to completely screen such features not exceeding ten feet. All such walls shall be of uniform height around the premises and the design of such wall shall be first approved by the planning commission.

B.

Where required screening is provided on the business side of public alleys, wall requirements may be waived to provide necessary entrance to or exit from required off-street parking and loading areas, provided the parking area is in midblock with no possibility for street ingress or egress, and provided, further, that such opening, if approved by the police department, the department of public works, and the planning commission, shall be stepped down to a three-foot level for a minimum of ten feet on each side of the opening.

The construction, maintenance or existence within the city of any unprotected, unbarricaded, open or dangerous excavations, holes, pits or wells, or of any excavations, holes or pits which constitute or are reasonably likely to constitute a danger or menace to the public health, safety or welfare, are prohibited. However, this section shall not prevent any excavation under a permit issued pursuant to this ordinance or the county's building code where such excavation is properly protected and warning signs are posted in such a manner as may be approved by the planning director. Excavation required for swimming pools is excepted from excavating provisions of this section provided that all necessary permits are obtained and the pool is constructed within 30 days of the excavation. Excavation and site preparation for building foundations is excepted from the excavating provisions of this section provided that such work is considered incidental to building construction and all necessary permits have been obtained.

The use of land for the excavation, removal, filling or depositing of any type of earth material, topsoil, gravel, rock, garbage, rubbish or other wastes or byproducts is not permitted in any zoning district, except under a certificate from, and under the supervision of, the planning director in accordance with a topographic plan, approved by the department of public works director, submitted by the fee-holder owner of the property concerned. The topographic plan shall be drawn at a scale of not less than 50 feet equals one inch and shall show existing and proposed grades and topographic features and such other data as may from time to time be required by the city. Such certificate may be issued in appropriate cases, upon the filing with the application of a cash bond or surety bond by a surety company authorized to do business in the state, running to the city, in an amount as established by the city, which bond will be sufficient in amount to rehabilitate the property upon default of the operator of such other reasonable expenses. This regulation does not apply to normal soil removal for basement or foundation work when a building permit has previously been duly issued by the planning director.

A.

The carrying out of repair, restoration and maintenance procedures or projects on vehicles in any residential zoning district, when such work is not conducted entirely within the interior of the vehicle, shall be subject to the following limitations:

1.

Procedures exceeding 48 hours in duration or which require the vehicle to be immobile or inoperable in excess of 48 hours shall be carried out within an enclosed building;

2.

Inoperable vehicles, vehicle parts, equipment, tools, and supplies shall be stored within an enclosed building; [and]

3.

Only vehicles owned or operated by a member of the immediate family residing at a given residence may be repaired, restored, maintained, or stored at that residence at any given time, whether or not such work is conducted entirely within the interior of the vehicle.

A.

When a drive-in or drive-through establishment adjoins property located in any residential district, a solid masonry wall, ornamental on both sides, six feet in height, or a greenbelt, berm, or buffer strip, shall be erected and maintained along the interior line, or if separated from the residential zone by an alley, then along the alley lot line. In addition, all outside trash areas shall be enclosed by such six-foot masonry wall or greenbelt. Such walls shall be constructed of the same materials as that of the main or principal building, and be faced with either brick, decorative block, or precast concrete formed into a decorative pattern and painted in the same color scheme as that of the principal building. Such wall shall be protected from possible damage inflicted by vehicles using the parking area by means of precast concrete wheel stops at least six inches in height, or by firmly implanted bumper guards not attached to the wall, or by other suitable barriers.

B.

The entire parking area shall be paved with a permanent surface of concrete or plant-mixed bituminous material and shall be graded and drained in accordance with this ordinance. Any unpaved area of the site shall be landscaped with lawn or other horticultural materials, maintained in a neat and orderly fashion at all times and separated from the paved area by a raised concrete curb, six inches in height.

C.

Lighting shall be installed in a manner which will not create a driving hazard on abutting streets or which will not cause direct illumination on adjacent properties, and shall comply with all other requirements of this ordinance.

D.

Adequate ingress and egress shall be provided as prescribed in this ordinance.

E.

Before approval is given for any use, a development plan shall be submitted to the police department and the fire department before submittal to the planning commission for review pursuant to this ordinance, as to suitability of location of entrances and exits to the site, parking area, screening, lighting and other design features.

A.

Any building or structure which has been wholly or partially erected on any premises located within the city shall not be moved to and be placed upon any other premises in the city until a building permit for such removal has been secured according to the requirements of this ordinance. Any such building or structure shall fully conform to this ordinance in the same manner as a new building or structure.

B.

Before a permit may be issued for moving a building or structure, the planning director shall inspect the same and determine if it is in a safe condition to be moved, whether or not it may be reconditioned to comply with the county's building code and other city requirements for the use and occupancy for which it is to be used, and whether or not it will be of similar character with the buildings in the area where it is to be moved. In addition, clearances shall be obtained from all utility companies ensuring that utilities are discontinued and all facilities accounted for. Special inspection fees may be charged to cover costs of inspecting the old site and the new site of such building or structure. If these conditions can be complied with, a building permit shall be issued for the moving of such building or structure. Such permit shall carry the verification of the planning director.

Tourist homes and bed and breakfast, inns, and homes uses to be permitted in all zoning districts of the city as a conditional use; provided that conditional use approval shall have been first granted by the planning commission as set forth in section 2.70 of the zoning ordinance.

In addition to the standards of determination set forth in section 2.70 of the zoning ordinance, the planning commission shall also review the application and require compliance with the following standards prior to approval of the application:

A.

The owner of the structure must be the resident manager of the tourist home or bed and breakfast operation;

B.

The structure must maintain the appearance of a single-family residence;

C.

A single off-street parking area shall be provided for the occupants and employees with at least one parking space for each sleeping room provided for transient guests plus at least two parking spaces for the owner;

D.

The applicant shall submit a floor plan of the entire structure showing the present use or the proposed use of each room in the structure. Any permit granted allowing the conditional use shall designate the number of bedrooms for transient guests and each number shall not thereafter be increased without further application and approval of the planning commission;

E.

The use shall be in harmony with the existing neighborhood in which it is located and will not be detrimental to the future orderly development of nearby properties;

F.

All refuse and garbage collection area and devices shall be screened and located in the area designated by the planning commission;

G.

The planning commission shall limit the number of tourist homes and bed and breakfast operations permitted in any neighborhood area so that no such operation shall be located within 500 feet of an existing tourist home or bed and breakfast operation; [and]

H.

The planning commission shall be entitled to compel installation of such exits and other safety measures as it shall deem advisable, however, the city shall have no obligation or liability in connection therewith.

Any conditional use granted by the planning commission for use of a residence as a tourist home or bed and breakfast, inn or home use shall be subject to future review by the planning commission at any time upon petition for review submitted by the planning director and following public hearing thereon by the planning commission.

The planning commission shall have authority to impose conditions for operations and shall have authority to revoke the conditional use entirely if it finds that the operation violates the original conditions, or any subsequent conditions of operation, or constitutes a nuisance to the neighborhood.

Ownership of any two-family residential structure shall be required to be retained in the same ownership for the entire structure, and the ownership of the structure may not be divided except through condominium ownership in accordance with requirements of the state law regulating condominium ownership. If more than one owner shall own the two-family dwelling, each individual owner shall be responsible for the entire structure and use thereof.

For the purposes of this ordinance, the term site condominium project shall mean a plan or project consisting of not less than two single-family units established in conformance with the Michigan Condominium Act, P.A. 59 of 1978 (MCL 559.101 et seq.), as amended.

A.

In connection with reviewing a site condominium project, the following terms shall have the following meanings:

1.

Building site: A lot, or a two dimensional condominium unit of land (i.e., envelope, footprint) with or without limited common elements designed for construction of a principal structure or a series of principal structures plus accessory buildings. All building sites shall have access to public or private roads.

2.

Common elements: Portions of the condominium project other than the condominium units.

3.

Condominium unit: That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, or any other type of use approved by the Michigan Department of Commerce.

4.

Limited common elements: A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.

5.

Lot: A measured portion of a parcel or tract of land which is described and fixed in a recorded plat and having frontage on a public street or road either dedicated to the public or designated on a recorded subdivision.

6.

Parcel: A tract or continuous area of acreage of land which is occupied or intended to be occupied by a building, series of buildings, accessory building(s), condominium units, or by any other use or activity permitted thereon and including open spaces and setbacks required under this ordinance, and having its frontage on a public or private street.

7.

Setback: The minimum horizontal distance a building or structure or any portion thereof is required to be located from the boundaries of a lot, parcel, edge of pavement, or building site of land upon which the same is situated.

B.

Prior to the issuance of any zoning permit for any use within a site condominium project, the planning commission shall have approved a preliminary and final development plan meeting the requirements of article XIX.

C.

The height, bulk, density, and area by land use requirements set forth in article XX of the ordinance shall also apply to condominium units. For purposes of this section, the minimum building site required is equivalent to the minimum lot size of the respective zoning district.

A.

Authorization. In the preparation and enactment of this section, it is recognized that there are some uses relating to sexual material which, because of their very nature, have serious operational characteristics that have a deleterious effect upon residential, office and commercial areas. Because certain forms of expression relating sexual material have particular functional and inherent characteristics with a high potential of being injurious to surrounding properties by depreciating the quality and value of such property, it is the intent of this section to provide a framework of reasonable regulatory standards which can be used for approving or disapproving the establishment this type of special use in a viable, accessible location where the adverse impact of their operations may be minimized.

B.

Site location principles. The following principles shall be utilized to evaluate the proposed location of any such use. These principles shall be applied by the planning commission as general guidelines to help assess the impact of such a use upon the district in which it is proposed.

1.

No adult only business shall be located within 500 feet, measured from the outer most boundaries of the lot or parcel upon which the proposed adult use will be situated, of a: residential zoning district; church, monastery, temple, or similar place of worship; school; library; public park or playground; noncommercial public assembly facility; public office building; licensed day care facility as defined in Act 116 of the Public Acts of 1973, as amended (MCL 722.111 et seq.); or arcade.

2.

An adult only business shall be located in the regional commercial/industrial (RC/ID) district.

3.

No adult only business shall be permitted within a 1,000-foot radius of an existing adult only business. Measurement of the 1,000-foot radius shall be made from the outer most boundaries of the lot or parcel upon which the proposed adult use will be situated.

C.

Site development requirements.

1.

The site layout, setbacks, structures, function and overall appearance shall be compatible with adjacent uses and structures.

2.

Windows, displays, signs, and decorative or structural elements of buildings shall not include or convey examples of a sexual nature, and are limited to one sign. All such displays and signs shall be in conformance with the City of Boyne City Sign Ordinance and shall be approved by the planning commission prior to their use. Any alterations in the above media shall and must be reviewed and approved by the planning commission.

3.

All buildings entries, windows and other such openings shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semipublic area; and wherever else it is requested by the planning commission.

4.

No loud speakers or sound equipment shall be used by an adult only business that projects sound outside of the adult only business so that the sound can be discerned by the public from public or semipublic areas.

5.

An adult only business shall clearly post at the entrance to the business, or that portion of the business utilized for adult only purposes, that minors are excluded.

D.

Use regulations.

1.

No person shall reside in or permit a person to reside in the premises of an adult only business.

2.

No person shall operate an adult only business unless there is conspicuously placed in a room where such business is carried on, a notice indicating the process for all services performed therein. No person operating or working at such a place of business shall solicit or accept any fees except those indicated on any such notice.

3.

The owners, operators or person in charge of an adult only business shall not allow entrance into such building or any portion of a building used for such use, to any minors, as defined by MCL 722.51 et seq., as amended.

4.

No adult only business shall possess or disseminate or permit persons therein to possess or disseminate on the premises any obscene materials as defined by MCL 752.361 et seq., as amended.

5.

No person shall operate an adult personal service business without obtaining a current code compliance license. Such licenses shall be issued by the zoning administrator or the zoning administrator's designee following an inspection to determine compliance with the relevant ordinances of the City of Boyne City. Such license shall be subject to all regulations of federal, state, and local governments.

6.

No person shall become the lessee or sublessee of any property for the purpose of using said property for an adult entertainment business without the express written permission of the owner of the property for such use.

7.

The provisions of this section regarding massage parlors shall not apply to hospitals, sanitariums, nursing homes, medical clinics or the offices of a physician, surgeon, chiropractor, osteopath, psychologist, clinical social worker or family counselor who is licensed to practice his respective profession in the state, or who is permitted to practice temporarily under the auspices of an associate or an establishment duly licensed in the state, or to certified members of the American Massage and Therapy Association and certified members of the International Myomassethics Federation.

A.

For motor homes, travel trailers, folding-type trailers, pickup campers, snowmobiles on trailers, boats and similar and related type units, and other recreational vehicles as defined by this ordinance, the regulation of outside storage on all lots zoned and/or used for residential purposes are as follows:

1.

A total of three but not more than one of each of such units may be stored or parked outside on a lot which is zoned and/or used for residential purposes. The ownership of such units shall be in the name of a member of the immediate family of the lot's owner, tenant or lessee;

2.

Such units, when stored outside, shall be located in a rear yard, except as provided in the case of vacant lots, and shall be parked on a paved or gravel surface with a maximum width of 12 feet. Such units 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. Such units shall not be closer than ten feet from any structure nor five feet from any lot line, unless otherwise provided by this section;

3.

The combined area covered by the dwelling, accessory buildings, other aboveground structures and swimming pools, and the area covered by the outside storage of such units, may not exceed 40 percent of the total area of the lot. However, not more than one such unit may be stored or parked outside on any lot regardless of the restriction set forth in this subparagraph;

4.

Recreational vehicles or recreational equipment may be stored, parked or placed within any front yard or within a public right-of-way where on-street parking is permitted for a period not exceeding 48 hours for loading and unloading or in the process of normal maintenance and cleaning;

5.

In the case of corner lots, as defined with two front yards, the regulations of this section shall apply to both front yards. The side yard facing the street will be considered a second front yard;

6.

In the case of through lots, parking shall be permitted in the effective rear yard, as determined by the planning director; provided the parked vehicle meets the front and side yard principal building setback requirements of the zoning district;

7.

In the case of through lots on a corner (i.e., lots with frontage along three streets), parking shall be allowed only in the side yard. The planning director may permit parking in the effective rear yard, as noted in subparagraph (6) above, upon determination that such parking is allowed in the adjacent lot;

8.

Such units shall be locked or secured at all times while stored or parked so as to prevent injury to any person or property;

9.

None of such units or any recreational equipment parked or stored outside shall be connected to electricity, water, gas or sanitary facilities for living, lodging or housekeeping purposes and none of the same shall be used for living, lodging or housekeeping purposes, except for nor more than seven days within any 60-day period, or as otherwise authorized under the city's Code of Ordinances; [and]

10.

All recreational equipment and vehicles shall be maintained in good condition, shall be operable and shall have a current license and/or registration.

B.

The parking and/or storage of buses and converted buses in excess of 18 feet in length, and boats in excess of 30 feet in length, is prohibited. A suitable covering shall be placed over all boats whenever stored outside.

C.

Not more than one recreational unit, motor home, travel trailer, pickup camper, folding-type trailer, boat or similar and related type unit, and other recreational vehicles as defined by this ordinance, may be parked or stored on a vacant residentially zoned lot, except as otherwise authorized this ordinance. When stored on a vacant lot, such unit shall be located only on the rear half of such lot.

D.

Detachable camper tops shall not be stored in any residential district except in accordance with this section. Further, camper tops that are not installed on a licensed and operable vehicle must be placed on the ground and stabilized.

E.

A recreational vehicle and/or recreational equipment which is officially designated as handicapped in accordance with state law and which is used as the regular means of transportation by or for a handicapped person may be parked within the required setback area.

F.

Commercial vehicles of over one ton shall not be parked or stored at any time on property used or zoned residentially. It shall be unlawful for the owner, tenant or lessee of any lot in any residential zoning district to permit the open storage or outdoor parking of semi-tractor (WB-50 or larger) trucks and/or semitrailers, bulldozers, earth carriers, cranes or any other similar equipment or machinery, unless parked thereon while in use for approved construction on such lot.

Any use permitted by this ordinance is subject to compliance with the performance standards set forth in this section. No use hereafter established shall exceed the limits set forth in this section, except as provided in this ordinance.

A.

[Nuisance.] Noise, dust, soot, dirt, fly ash, products of wind erosion, smoke, and vibration emitted shall comply with the city's nuisance ordinance.

B.

Odor. The emission of noxious, odorous matter in such quantities as to be readily detectable at a point along any property line, when diluted in the ratio of one volume of odorous air to four or more volumes of clean air, so as to produce a public nuisance or hazard beyond lot lines, is prohibited.

C.

Glare, heat and light. Any operation producing intense glare or heat (such as or similar to arc welding or acetylene torch cutting) which emits harmful rays shall be performed within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot lines and as not to create a public nuisance or hazard along such lot lines, except during the period of construction of the facilities to be used and occupied. Bare bulbs used in or near a residentially used area shall be not greater than ten watts. Within 500 feet of a residentially zoned area, bare bulbs which are visible in the residential area may not exceed 15 watts. Exterior lighting shall be so installed that the surface of the source of light shall not be visible from the nearest residential district boundary and it shall be so arranged to reflect light away from any residential use. In no case shall more than one footcandle power of light cross a lot line five feet above the ground. In no case shall more than ten footcandle power of light exist at any given point on site. Illumination levels shall be measured with a footcandle meter or sensitive photometer and expressed in footcandles. Exterior spot lighting or other illumination shall be so installed as to eliminate any nuisance to adjoining business and industrial districts or the creation of a traffic hazard on public highways.

D.

Fire and safety hazards. The storage and handling of flammable liquids, liquefied petroleum gases, and explosives, ranging from free or active burning to intense burning, as determined by the fire chief, and highly toxic and highly radioactive materials shall comply with all state rules and regulations; regulations as established by the Fire Prevention Act, Act 207 of the Public Acts of 1941, as amended (MCLA. 29.1 et seq.); the Flammable and Combustible Liquids Code (pursuant to Act 154 of the Public Acts of 1974 (MCL 408.1001 et seq.), as amended); 29 CFR 1910.106; NFiPA prevention codes; and the requirements of the state fire marshal. Further, such materials or products, if stored, utilized, or produced within completely enclosed buildings or structures, shall have incombustible exterior walls and meet the requirements of the county's building code. All such buildings or structures shall be set back at least 40 feet from lot lines and all such buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by NFiPA prevention codes. Further, all exterior aboveground storage tanks for flammable liquid materials, liquefied petroleum gases, explosives and highly toxic and highly radioactive materials shall be located at least 150 feet from all property lines and shall be completely surrounded by earth embankments, dikes and other types of retaining walls which will contain the total capacity of all tanks so enclosed. Belowground bulk storage tanks of flammable liquids shall be located not closer to the property line than twice the depth to the bottom of the buried tank.

E.

Open fires. No person operating a permitted use shall cause to be burned any combustible refuse in an open outdoor fire.

F.

Sewage wastes. Industrial sewage wastes shall comply with the City of Boyne City's Sewer Use Ordinance and/or Industrial Pretreatment Ordinances, whichever apply, including all requirements of the department of public health, the department of natural resources, the department of environmental quality, including any National Pollution Discharge Elimination System Permit.

G.

Gases. The escape of or emission of any gas which is injurious, destructive or explosive is unlawful and may be summarily caused to be abated. Sulphur dioxide gas, as measured at the property line at ground elevation, shall not exceed an average of three-tenths ppm; hydrogen sulfide shall not exceed one ppm; fluorine shall not exceed one-tenth ppm; nitrous fumes shall not exceed five ppm; and carbon monoxide shall not exceed 15.0 ppm, all as measured as the average intensity during any 24-hour sampling period.

H.

Radio transmissions; explosives and radioactive materials. For electronic equipment required in an industrial operation, the equipment shall be shielded so that its operation will not interfere with radio, television or other electronic equipment. All explosives and radioactive materials shall be stored and/or used in a manner which does not endanger abutting properties. Radioactive materials and wastes, and including electromagnetic radiation such as X-ray machine operation, shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards, when measured at the property line. All transportation, including by rail, of radioactive materials, hazardous waste and toxic waste shall be within permissible standards set by the federal government. Applicable regulations of the Federal Communications Commission regarding electromagnetic radiation are made a part of this ordinance by reference.

I.

Drifting and airborne matter. The drifting or airborne transmission beyond the lot line of dust, particles or debris from any open stockpile is unlawful and shall be summarily caused to be abated.

J.

Nuisances. A person or industry shall not discharge from any source whatsoever such quantities of air contaminants or other materials which cause injury, detriment or nuisance to the public; which endanger the comfort, repose, health or safety of the public; or which cause or have a natural tendency to cause injury or damage to business or property.

K.

Compliance with other governmental regulations. Any use permitted in any zoning district must also comply with all applicable federal, state, county and city health and pollution laws and regulations with respect to noise, smoke and particulate matter, vibration, noxious and odorous matter, glare and heat, fire and explosive hazards, electromagnetic radiation and drifting and airborne matter.

Alternative tower structures and antennas telecommunication towers, alternative tower structures and antennas shall be permitted in any zone as a conditional use; provided the following additional requirements are also met.

In addition to the standards set forth in a particular zone, and section 2.70 conditional uses of this zoning ordinance, telecommunication towers or alternative tower structures shall meet the following standards:

A.

Application. The applicant must demonstrate that no existing telecommunication tower, alternative tower structure or alternative technology not requiring the use of telecommunication towers or alternative tower structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the planning commission related to the availability of suitable existing telecommunication towers, other alternative tower structures or alternative technology. Evidence submitted to demonstrate that no existing telecommunication tower, alternative tower structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

1.

No existing telecommunication towers of alternative tower structures are located within the geographic area which meet applicant's engineering requirements;

2.

Existing telecommunication towers or alternative tower structures are not of sufficient height to meet applicant's engineering requirements;

3.

Existing telecommunication towers or alternative tower structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment;

4.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing telecommunication towers or alternative tower structures, or the antenna on the existing telecommunication towers or alternative tower structures would cause interference with the applicant's proposed antenna;

5.

The fees, costs, or contractual provisions required by the owner in order to share an existing telecommunication tower or alternative tower structure or to adapt an existing telecommunication tower or alternative tower structure for sharing are unreasonable;

6.

The applicant demonstrates that there are other limiting factors that render existing telecommunication towers or alternative tower structures unsuitable; [and]

7.

The applicant demonstrates that an alternative technology that does not require the use of telecommunication towers or alternative tower structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable.

B.

Setbacks. The following setback requirements shall apply to all telecommunication towers or alternative tower structures for which a special use permit is required; provided, however, that the planning commission may reduce the standard setback requirements if the totals of this ordinance would be better served thereby:

1.

Telecommunication towers or alternative tower structures must be set back a distance equal to at least 75 percent of the height of the tower from any adjoining lot line.

2.

Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

C.

Security fencing. Telecommunication towers or alternative tower structures and attendant accessory structures shall be enclosed by security fencing six feet in height and shall also be equipped with an appropriate anti-climbing device.

D.

Landscaping. The following requirements shall govern the landscaping surrounding telecommunication towers or alternative tower structures and the attendant accessory structures for which a special use permit is required; provided, however, that the planning commission may waive such requirements if the goals of this ordinance would be better served thereby.

1.

Telecommunication towers or alternative tower structures and attendant accessory structures shall be landscaped with a buffer of plant materials that have an immediate effect of screening the view of the telecommunication towers or alternative tower structures and attendant accessory structures from adjacent property. The standard buffer shall consist of a landscaped strip at least six feet wide outside the perimeter of the compound. The buffer shall contain a variety of species of plants, half of which must be coniferous.

2.

In locations where the visual impact of the telecommunication towers or alternative tower structures would be minimal, the landscaping requirement may be reduced or waived.

3.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as telecommunication towers or alternative tower structures sited on large, wooded lots, natural growth and around the property perimeter may be sufficient buffer.

E.

County, state or federal requirements. All telecommunication towers or alternative tower structures must meet or exceed current standards and regulations of Charlevoix County, the FAA, the FCC, the Michigan Aeronautics Commission (MAC) and any other agency of the state or federal government with the authority to regulate telecommunication towers or alternative tower structures and antennas. Applicant will submit written proof all the applicable standards have been complied with. If such standards and regulations are changed, then the owners of the telecommunication towers or alternative tower structures and antennas governed by this ordinance shall bring such telecommunication towers or alternative towers structures and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring telecommunication towers or alternative tower structures and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the telecommunication towers or alternative tower structures or antenna at the owner's expense.

F.

Aesthetics. Telecommunication towers or alternative tower structures and antennas shall meet the following requirements:

1.

Telecommunication towers or alternative tower structures and antenna shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA and/or the MAC, be painted a color so as to reduce visual obtrusiveness;

2.

At a telecommunication tower or alternative tower structure site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings;

3.

If an antenna is installed on a structure other than a telecommunication tower or alternative tower structure, the antenna and supporting electrical and mechanical equipment must be of a color that is identical to, or closely compatible with, the color of the supporting structure so as to make the Antenna and related equipment as visually unobtrusive as possible. The planning commission may waive this requirement, if it deems that another suitable option is available; [and]

4.

Telecommunication towers or alternative tower structures and supporting structures shall not utilize a power source which generates noise able to be heard by a person of normal aural acuity and adjoining property lines or public property; however, this section shall not be construed as limiting the use of temporary generators or similar devices used to create power during periods of interruption of the primary power source.

G.

Lighting. Towers shall not be artificially lighted, unless required by the FAA, the MAC or other applicable authority. If lighting is required the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. Unless required by federal or state law, all sources of lighting for parking areas or for the external illumination of buildings or grounds or for the illumination of signs, shall be directed away from and shall also be arranged as to not affect driver visibility adversely on adjacent public roads and highways. Lighting of parking areas is required when the number of parking spaces is more than five.

H.

Compliance with codes. Antenna and telecommunication towers or alternative tower structures shall be grounded for protection against a direct strike by lightening and shall comply as to electrical connections and wiring and as to structural integrity with all applicable state and local building codes and the applicable standards for telecommunication towers or alternative tower structures published by the Electronic Industries Association, as amended from time to time.

I.

Interference with residential reception. Telecommunication towers or alternative tower structure shall be located so that they do not interfere with television and radio reception to neighboring residential areas.

J.

Signs. No signs other than signs required pursuant to federal and state law shall be allowed on an antenna or tower, except for safety and security. A sign shall be placed on the fence indicating the telephone number of who to contact in case of an emergency. The name and telephone number must be 50-point print.

K.

Spacing, towers. Towers shall be located no closer than one mile from an existing telecommunication tower or alternative tower structure, as measured in a straight line between the base of the existing tower and the proposed base of the proposed tower. Telecommunication towers or alternative tower structures located outside of the municipal boundaries of the City of Boyne City shall also be included in the spacing requirement.

L.

Spacing, residences. Telecommunication towers or alternative tower structures shall not be located within 200 feet or 300 percent of the height of the telecommunication tower or alternative tower structure, whichever is greater, of a single-family or multiple-family dwelling unit, church, school, or other structure normally used and actually used for the congregation of persons. Distance for the purpose of this section shall be measured from the base of the telecommunication tower or alternative tower structure to the lot line of the single family or multiple family dwelling unit, church, school, or other structure normally used and actually used for the congregation of persons.

M.

Removal of abandoned antennas and telecommunication towers or alternative tower structures. Any antenna, telecommunication tower or alternative tower structure that is not operated for a continuous period of 12 months shall be considered abandoned. The owner of such antenna, telecommunication tower or alternative tower structure shall remove the same within 90 days of notice of abandonment. This notice of abandonment is required to be filed with the city on the date which activity ceases on the antenna. Along with said removal, said owner shall restore the site of said antenna, telecommunication tower or alternative tower structure to its original condition prior to location of the antenna, telecommunication tower or alternative tower structure subject to reasonable wear and tear. Failure to remove an abandoned antenna, telecommunication tower or alternative tower structure within said 90-day period shall be grounds for the city to undertake removal of the antenna, telecommunication tower or alternative tower structure at the owner's expense. If there are two or more users of a single telecommunication tower or alternative tower structure, then this provision shall not become effective until all users cease using the antenna, telecommunication tower or alternative tower structure. The planning commission may require the applicant to file a bond equal to the reasonable cost of removing the antenna, telecommunication tower or alternative tower structure or other supporting structure(s) as a condition of a special use permit given pursuant to this section.

N.

Spacing, airport. No telecommunication tower or alternative tower structure shall be located so as to interfere with aircrafts; ability to safely arrive and depart the Boyne City Airport, according to the future flight paths designated by the FAA and/or the MAC, after any airport expansion, No telecommunication tower or alternative tower structure will be permitted in those paths which changes the minimum descent altitude which exists at the time of adoption of this amendment.

O.

Future needs. The applicant must demonstrate that a future needs study has been conducted. The study shall consist of an analysis of whether or not additional telecommunication towers or alternative tower structures will be necessary in the future.

Applicants are required to complete this study with input from other companies providing similar services. The geographic scope of the analysis shall take into account the geographic service area of the proposed structures. If the applicant(s) determines future telecommunication towers or alternative tower structures will be needed, the applicant(s) is encouraged to submit one application package requesting conditional use permits for the future required structures as well.

A.

Purpose. The intent of this section is to provide regulatory standards for condominiums and condominium subdivisions similar to those required for projects developed under other forms of ownership. This section is not intended to prohibit or treat a proposed or existing condominium project different than a project or development under another form of ownership.

B.

Definitions. The definitions contained in this ordinance are intended to make comparison possible between the definitions of this ordinance and the city's Code of Ordinances.

C.

Application and authority.

1.

The following review process shall apply to all condominium projects within the city.

2.

Concurrently with notice required to be given to the city pursuant to section 71 of P.A. 59 of 1978, as amended (MCL 559.171) a person, firm, corporation or other legal entity intending to develop a condominium project shall file with the city clerk the following information with respect to the projects:

a.

All names, address and telephone numbers of:

i.

Person, firms, corporations or other legal entity with an ownership interest in the land on which the project will be located together with a statement that the entity is a fee owner or land contract purchaser;

ii.

All engineers, attorneys, architects, and licensed land surveyors, involved in the condominium project; [and]

iii.

The developer or proprietor of the project;

b.

The legal description of the land including tax identification numbers;

c.

The total acreage;

d.

The intended use;

e.

The number of units to be developed; [and]

f.

A copy of the proposed master deed.

3.

Condominium projects shall contain all information required by the Michigan Condominium Act.

4.

The information shall be filed with the planning director at the time the information is filed with the city clerk, and shall be kept current.

D.

Approval of plans. All condominium plans must be approved by the planning commission following the same process identified for development plan review in this ordinance. In making a determination, the planning commission shall consult with the necessary staff and/or consultants it deems necessary regarding the adequacy of the master deed, deed restrictions, utility systems, streets, project design and layout and compliance with the Michigan Condominium Act.

E.

Streets and necessary easements.

1.

Condominium projects with streets shall comply with all street requirements found in this ordinance and the City's Code of Ordinances. Projects which connect public streets shall have the project street dedicated to the public.

2.

The condominium plan shall include all necessary easements granted to the city and/or constructing, operating, inspecting, maintaining, repairing, altering, replacing and/or removing pipelines, mains, conduits and other installations of a similar character (hereinafter called public structures) for the purpose providing public utilities, including, but not limited to, conveyance of sewage, water and stormwater runoff across, through and under the property subject to such easement, and excavating and filling ditches and trenches necessary for the location of such structures, pursuant to the adopted standards of the City of Boyne City.

F.

Setbacks and boundaries. The setback requirements for condominium buildings shall be determined as follows:

1.

Single-family detached units.

a.

The front yard setback shall be one-half the approved or recorded street right-of-way, plus the current setback for the existing zoning district.

b.

Side yard setbacks shall be the twice the minimum required within the zoning district. The distance from the unit to the limit of development shall meet the minimum required side yard setback within the zoning district.

c.

The rear yard setback between the rear of two units shall be twice the minimum rear yard setback of the zoning district. The distance from the rear of the unit to the limits of the development shall meet the minimum rear yard setback of the zoning district.

2.

Multiple-family buildings shall meet the standards of the multiple family residential district (MFRD).

3.

The relocation of boundaries as defined in section 148 of the Michigan Condominium Act shall conform to all setback requirements of this section, of the district in which the project is located, shall be submitted to the planning commission for review and approval, and these requirements shall be made a part of the bylaws and recorded as part of the master deed.

G.

Common elements. After construction of a condominium unit, the undeveloped area of a unit site shall become a common element.

H.

Encroachment. A condominium project shall not be constructed in a manner that intentionally creates an encroachment.

I.

Subdivision of unit sites. Subdivision of condominium unit sites is permitted with planning commission approval, contingent upon the submission of an amended master deed to determine the effect of the subdivision on conditions of zoning or development plan approval, and shall be made as part of the bylaws and recorded as part of the master deed.

J.

Conformance with subdivision regulations and construction standards. All condominium project plans shall conform to the plan preparation requirements, design layout, and construction standards as established within this ordinance or within the city's Code of Ordinances or within any adopted construction standards.

K.

Water and waste water. The condominium project shall comply with and meet all federal, state, county, and city standards for a fresh water system and waste water disposal.

L.

Expansion and conversion. Prior to expansion or conversion of a condominium project to additional land and new phase must be approved by the planning commission.

M.

Master deed. The project developer shall furnish the city with one copy of the proposed consolidated master deed, one copy of bylaws and two copies of the completed plans. The proposed plans shall be reviewed for compliance with this ordinance and the city's Code of Ordinances and to ensure that an assessment mechanism has been included to guarantee adequate maintenance of common elements. Master deeds submitted to the city for review shall not permit contraction of the condominium (whereby co-owners can withdraw from the condominium and responsibility for maintenance of common elements) without resubmittal of the master deed to the city for review and approval. Fees for these reviews shall be established, from time to time, by the city commission.

N.

As-built plan and occupancy. Submission of an as-built plan of a condominium unit is required prior to occupancy. The planning director may allow occupancy of the project before all improvements required are installed; provided that a bond, letter of credit, or escrow fund is submitted to the city clerk, sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the city. The amount and form of the bond, letter of credit, or escrow fund shall be determined by the city manager.

O.

Final bylaws, consolidated master deed and site plan. Upon approval of the development the applicant shall furnish the city a copy of the bylaws and consolidated master deed. The development plan shall be provided on a Mylar sheet of at least 24 inches by 36 inches.

P.

Compliance with other statutes and ordinances. All condominium projects shall comply with federal, state and local laws, statutes and ordinances.

The planning commission, board of appeals, or city commission may withhold granting of approval of any use, development plan, planned unit development, conditional use approval, variance, or other approval required by this ordinance pending reviews and/or approvals which may be required by state or federal agencies or departments.