The waterfront marina district (WMD) is designed to accommodate commercial and recreational boating along with those activities and services related to harbor and waterway improvements, thereby facilitating navigation and providing safe and economical waterfront development.

No building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this ordinance:

A.

Municipal or private marinas and other facilities for the berthing, launching, protecting, or servicing of boats, yachts, cruisers, inboards, outboards, and sailboats, not including outdoor storage of boats;

B.

Fueling stations, including the sale of propane gas, for the exclusive use by watercraft;

C.

Commissary facilities for the provision of food, beverages, and similar products to be stored aboard boats;

D.

Municipal or private beaches, parks, and other recreation areas;

E.

Retail businesses which supply commodities for persons using facilities of the district such as the sale of boats, engines and accessories, fishing equipment, and other similar items;

F.

Restaurants and taverns, not including drive-in or drive-through, having a total seating capacity (indoor and outdoors) of 60 seats or more. The exterior of the building shall be compatible with the city's design standards;

G.

Transient marinas; [and]

H.

Accessory structures and uses customarily incidental to the above permitted uses, excluding any accessory use listed as a conditional use in section 9.30.

The following uses shall be considered conditional and shall require conditional use approval and shall comply with any applicable conditional use requirements of article XXV:

A.

Engine and hull repair shops;

B.

Mixed use buildings with business, commercial, or service uses on the ground floor and residential or office uses on the upper floors. Business and office uses may occupy a building used for residential uses; provided that no such business or office may be located on the same floor as used for residential purposes, and no floor may be used for business or office use on a floor located above a floor used for residential purposes. Further, where there is mixed business/office and residential use in a building, there shall be provided a separate, private entranceway for the residential uses. Ground floor business, commercial, or service uses shall not exceed 5,000 square feet per use. The building shall have a presence to the street, being built to the right-of-way line or equivalent whenever possible. The exterior of the building shall be compatible with the city's design standards;

C.

Municipal or private port facilities;

D.

Retail establishments which supply commodities for sale or rental whose floor area is a maximum of 5,000 square feet. Retail establishments may be attached and/or clustered; provided that each establishment does not exceed 5,000 square feet. The building shall have a presence to the street, being built to the right-of-way line or equivalent whenever possible. The exterior of the building shall be compatible with the city's design standards;

E.

Public utility transformer stations, substations and gas regulator stations without service or storage yards shall comply with the requirements of this ordinance and shall be subject to the following: a front yard setback of not less than 50 feet shall be provided (irrespective of the yard requirement of the district in which it is located) and two side yards and a rear yard shall be provided, each shall not be less than 25 feet in width. The previously mentioned conditional uses shall be landscaped with a buffer of plant materials that effectively screens the view of the use from property used for residences, public walkways and rights-of-way. 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;

F.

Personal service establishments, including but not limited to repair shops, beauty parlors and styling shops, tailor and dressmaking shops, photographic studios, copy centers, interior designers and decorators, and postal centers. Personal service establishments shall have a presence to the street and be built to the right-of-way line or equivalent whenever possible. The exterior of the building shall be compatible with the city's design standards;

G.

Other office uses not specifically stated or implied elsewhere which, in the determination of the planning commission, are similar to the principal permitted uses provided herein, and in harmony with the character of the district and the purpose and intent of this article and the comprehensive plan of the city; [and]

H.

Hotel, as defined in this ordinance, under article I. In addition to meeting the definition requirement of article I, a hotel use in the WMD shall also include permitted commercial, retail or service uses on a minimum of 15 percent of the "gross floor area", which is further defined as the gross "floor area" of the first floor as depicted in "Floor Area Terminology" and "Basic Structural Terms." The planning commission may reduce this standard provided:

(1)

It determines the proposed public access to the property provides additional access that did not exist prior to the proposed development;

(2)

The access links to a comprehensive public access system; and

(3)

The access is dedicated to the public.

In no event shall the minimum percent of commercial, retail or service uses be less than ten percent of the gross floor area. A hotel in the WMD may include office uses on the upper floors as part of the overall structure. The exterior of a hotel in the WMD shall be compatible with the city's design standards.

(Ord. of 8-26-2003, § 2)

Two-family and multiple-family residential dwellings shall be prohibited in the waterfront marina district (WMD). Nonconforming structures and uses which were existing at the time of enactment of this ordinance shall be subject to, and shall continue to conform to, the requirements of the respective zoning district in which the property was located prior to the adoption of this ordinance. Such existing structures shall be allowed to be reconstructed and updated on the existing foundations, but such existing structures shall not be expanded.

Garages, decks, and open porches which meet the requirements of this ordinance, or the requirements of the respective zoning district in which the property was located prior to the adoption of this ordinance, may be added to such structures which were lawfully existing within the waterfront marina district (WMD) at the time of adoption of this ordinance.

A.

Waterfront setback: For the purposes of this ordinance the waterside 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.

B.

Wetland setback: All structures or additions to existing structures shall be set back a minimum of 25 feet from areas defined as wetlands in the Boyne City Comprehensive Plan.

C.

Road setback: For the purposes of this ordinance the roadside will be considered a rear yard and subject to the provisions of article XX.

D.

Viewshed of Lake Charlevoix: The siting of all buildings and structures along the city's lakefront shall comply with section 21.17.

The following requirements shall be met within a waterfront marina district (WMD):

A.

All dredging, construction, and/or development shall be subject to the requirements of this ordinance and the city's Code of Ordinances;

B.

Development plan approval for all uses as specified in article XIX of this ordinance;

C.

Off-street parking, loading, and access management standards for all uses as specified in article XXIV of this ordinance;

D.

Signs for all uses as specified in the Boyne City Sign Ordinance;

E.

Height, area, lot coverage and yard regulations as specified in article XX of this ordinance;

F.

Landscaping requirements as specified in article XXIII of this ordinance;

G.

Design, architectural, and building material standards as specified in article XXII of this ordinance; [and]

H.

Provisions relating to all zoning districts (as applicable in each separate case) as specified in article XXI of this ordinance.