A means by which emergency and fire vehicles can enter a parcel. Also, a means by which delivery or pick-up vehicles (or drays, carriages, etc.) can enter and leave a parcel.

Both subordinate and incidental to a principal use or structure. Accessory uses to residential use include; private barns and stables, swimming pools, tool and garden sheds, gazebos, and the like.

A governmental or nongovernmental establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. Adult foster care facility does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation centers, or residential centers for persons released from or assigned to a correctional facility.

A.

Adult Foster Care Family Home: A private residence with the approved capacity to receive six (6) or fewer adults to be provided with foster care for five (5) or more days a week and for two (2) or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence.

B.

Adult Foster Care Small Group Home: An adult foster care facility with the approved capacity to receive twelve (12) or fewer adults who are provided supervision, personal care, and protection, in addition to room and board, for twenty-four (24) hours a day, five (5) or more days a week and for two (2) or more consecutive weeks for compensation.

The use of land devoted to the production of plants and animals useful to humans, including, but not limited to, forage and sod crops, grains, feed crops, field crops, dairy products, poultry and poultry products, livestock, herbs, flowers, seeds, grasses, nursery stock, fruits, vegetables, Christmas trees, and other similar uses and activities.

See dwelling, multiple-family.

An establishment where overnight lodging and breakfast is offered for compensation by resident owners of private single-family homes to unrelated transient individuals and families.

A steep headland, promontory, or cliff.

The terms shall be considered synonymous for purposes of this ordinance. They are defined as a building, or portion thereof, with or without cooking facilities or access thereto, occupied by persons not consisting of a family as defined in section 2.24 as their residence. Tourist accommodations, such as a hotel or bed and breakfast, are excluded from this definition.

This term shall mean the Board of Zoning Appeals of the City of Mackinac Island, Mackinac County, State of Michigan. Such board being a quasi-judicial body for making determinations on zoning questions and appeals, and not to act in an executive or legislative capacity.

Any structure, either temporary or permanent, having; a roof or other covering and designed or used for the shelter or enclosure of any person, animal, or property of any kind, including tents, garages, stables, greenhouses, or awnings.

A line established, in general, parallel to the front street line between which said building line and the front street line no building shall project, except as otherwise provided by this ordinance.

Any horse-drawn passenger vehicle.

A facility, other than a private residence, receiving one (1) or more preschool or school-age children for periods of less than twenty-four (24) hours a day, and where parents or guardians are not immediately available to the child. It includes a facility which provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. May also be referred to as a child care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center.

A private home in which one (1) but fewer than seven (7) minor children are received for care and supervision for periods less than twenty-four (24) hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Care is given for more than four (4) weeks during a calendar year.

A private home in which more than six (6) but not more than (12) minor children are given care and supervision for periods less than twenty-four (24) hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Care is given for more than four (4) weeks during a calendar year.

A building wherein persons regularly assemble for religious worship and used only for such purpose and reasonably closely related activities or uses.

A building where human patients are admitted, but not lodged overnight, for examination and treatment by more than one professional, such as a physician, dentist, and the like.

A type of land development in which structures are built close together to maximize open space.

A use of land involving the exchange of money for goods and/or services, and may include production of tourist and other goods, including fudge shops, craft stores, gift shops, restaurants, and the like.

The use of land and/or water which is used primarily for commercial uses of a marine nature such as passenger, ferries and freight delivery.

A clearly defined interior area enclosed by vertical partitions of at least seven feet in height for the purpose of displaying and selling of goods and/or services, and under the exclusive control of the owner/operator.

Any building or structure used for the shelter and/or feeding of horses or other large domestic animals that are used for commercial purposes such as renting or leasing for riding or pulling drays or carriages; or for the rental of stall space; and any building or structure used for the shelter and/or feeding of more than six horses, or other large domestic animals. Any private stable containing more than six horses shall be considered a commercial stable for purposes of this ordinance.

A use of land to store, or keep, personal property for individuals or entities other than the owners or residents of the land in exchange for consideration.

Michigan Public Act No. 59 of 1978, as amended (MCL 559.101 et seq.).

The principal building or structure intended for or constructed upon a lot or condominium unit, together with any attached accessory buildings. In a residential development, the condominium structure would refer to the house and any accessory buildings.

A condominium project developed under Public Act 59 of 1978, as amended (MCL 559.1010 et seq.), comprising more than two condominium units which is not subject to the provisions of the Subdivision Control Act [now Land Division Act], Public Act No. 288 of 1967, as amended (MCL 560.101 et seq.).

That portion of a condominium project designed and intended for separate ownership and use, as described in the master deed, including the condominium structure and the contiguous limited common element under and surrounding the condominium structure, being the counterpart of a "lot" as defined in this ordinance.

Any fenced or enclosed area used to confine horses or livestock.

Any fenced or enclosed area used to confine more than six horses or other large domestic animals.

Any fence or enclosed area used to confine six or less horses or other large domestic animals, for personal use only.

Any horse-drawn cart or wagon used for hauling.

Any house or portion thereof having cooking facilities which is occupied usually as a home, residence or sleeping place of one family, either permanently or transiently. In the case of mixed occupancy, where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for purposes of this ordinance and shall comply with the provisions thereof relative to dwellings.

A building or portion thereof, used or designed as a residence for three or more families living independently of each other having their own cooking facilities therein. This definition includes three-family houses, townhouses, four-family houses and apartment houses.

A detached dwelling, designed for or occupied exclusively by one family.

A detached building, designed for or occupied exclusively by two families living independently of each other, such as a duplex dwelling unit.

A subordinate dwelling unit incorporated within a single-family dwelling. Accessory dwelling units may not be subdivided or otherwise segregated in ownership from the primary residence structure.

The phrase "essential services" means the erection, construction, alteration, or maintenance by public utilities, authorities or commissions of underground, surface or overhead, gas, electrical, steam, or water transmission or distribution systems, collections, communication, supply or disposal system, including mains, drains, sewers, pipes, conduits, wires, cable, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles and other similar equipment, and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or authorities or commissions for the public health or safety or general welfare, but not including buildings other than such buildings as are primarily enclosures of shelters of the above essential service equipment.

Any use of land which involves the extraction of materials from the ground for commercial purposes, such as an excavation for a gravel pit operation.

A.

One or more persons related by blood, marriage, or adoption, together with foster children and servants of the principal occupants, occupying a dwelling unit and living as a single, nonprofit housekeeping unit; or

B.

A collective number of individuals living together in one house under one head, whose relationship is one of a permanent and distinct domestic character, and cooking as a single housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, group, coterie, or organization, which is not a recognized religious order, nor shall it include a group of individuals whose association is temporary and resort/seasonal in character or nature.

A.

The floor area in a noncommercial unit is the total gross area of all floors measured from the inside surface of exterior walls and including area occupied by interior partitions and stairwells and excluding crawl spaces, attics without floors, and open porches, balconies, and patios.

B.

The floor area for commercial units shall be the total gross area of the floor on the level where business is conducted, measured from the inside surface of exterior walls and including all contiguous areas on that level over which the owner/operator has exclusive control.

A building or structure constructed chiefly of glass, glasslike or translucent material, cloth, or lath, which is devoted to the protection or cultivation of flowers, shrubbery, vegetables, trees, and other horticultural and floricultural products.

The percentage of lot area covered by buildings and other impervious surfaces, such as roofs, paved areas, patios, etc.

Building height is the vertical distance between the following two points:

A.

In all districts, except the C district on Main Street, the beginning point shall be the top of the foundation. In the C district on Main Street, the beginning point shall be where the sidewalk meets the front of the building.

B.

In all districts, the ending point shall be the highest part of the building or any attachment thereto, including facades and parapets.

A use conducted entirely within an enclosed dwelling and/or accessory building, which is clearly incidental and secondary to residential occupancy and does not change the character thereof.

A building occupied as a temporary abiding place of individuals, who are lodged with or without meals, in which the rooms are occupied singly for hire, in which no provision is made for cooking in any individual room, including tourist and rooming homes, and any other temporary occupation of a building meeting the definition in this ordinance of a boardinghouse or apartment usage, which is for a rental period of less than 30 days shall be considered a hotel usage.

Any surface covering the ground which cannot be penetrated by rain water, including asphalt, cement, and the roofs of buildings.

A use of land which involves primarily the production of goods for commercial sale off the premises.

A use of land by public, quasi-public, or public service organizations and agencies, such as governmental agencies, schools, parks, clinics and the like, for providing educational, recreational, governmental, or medical services to the public, excluding churches or places of worship.

A place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled in open yards. Excluded are such uses when conducted entirely within a completely enclosed building.

Any building or buildings and/or land used, designed, or arranged for the boarding or care of dogs and cats for profit.

A landscaped area composed of living material, a fence, wall, berm, or combination thereof, established and/or maintained to provide visual screening, noise reduction, and transition between conflicting types of land uses.

That area lying adjacent to a building or structure used for the transfer of material between a horse-drawn or other vehicle, and the building or structure.

A parcel of land occupied or intended for occupancy by a use permitted in this ordinance, including one main building with its accessory buildings, and providing the open spaces, parking spaces, and loading spaces required by this ordinance. Provided that the owner of any number of contiguous lots may have as many of said contiguous lots considered as a single lot for the purpose of this ordinance as he so elects, and in such case the outside perimeter of said group of lots shall constitute the front, rear and side lot lines thereof. A lot shall be equivalent to a condominium unit.

A.

A "corner lot" is one which lies at the intersection of two streets which intersect at an angle not exceeding 135 degrees.

B.

An "interior lot" is one, other than a corner lot, with only one lot line fronting on a street.

C.

A "through lot" is an interior lot that fronts on two streets.

The term "lot area" means the total land area within lot lines, as defined, of a lot. For lots fronting or lying adjacent to private roads, lot area shall be interpreted to mean that area within lot lines separating the lot from the private road and not the centerline of said private road.

The line bounding a lot as defined herein.

A use of land and/or water to provide public docks, moorings and facilities for private watercrafts such as sailboats, powerboats and the like.

The legal document recording a condominium project to which are attached as exhibits and incorporated by reference the approved by-laws for the project and the approved condominium subdivision plan for the project.

A structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. Mobile home does not include a recreational vehicle.

A use or structure lawfully existing at the time of adoption of this ordinance, or any amendment thereto, which does not conform to the regulations of the district in which it is located.

A land development project review process based on the application of site planning criteria to achieve integration of the proposed land development project with the characteristics of the project area. A planned unit development shall be available as an overlay development option within certain zoning districts in accordance with the provisions of article 19A of this ordinance.

The Planning Commission of the City of Mackinac Island, as created under City Ordinance Number 266, and as authorized under the Michigan Planning Enabling Act, Public Act No. 33 of 2008, as amended (MCL 125.3801 et seq.).

The principal use to which the premises are devoted and the principal purpose for which the premises exist.

A use of land and/or water which provides mooring or private watercraft of the owner of the upland property and owner's guests, not involving any commercial or public mooring, or other commercial use.

Any building or structure used for the shelter and/or feeding of up to six horses or other large domestic animals, for personal use only.

Any persons, firm, corporation, municipal department, board, or commission duly authorized to furnish and furnishing, under federal, state or municipal regulations, to the public, electricity, gas, steam, communications, television, telegraph, water services or sewage disposal.

A vehicle, primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted or drawn by another vehicle which is self-powered, or drawn by horse; such as travel trailers, camping trailers, motor homes and truck campers. A snowmobile is not a recreational vehicle.

The minimal horizontal distance between the wall of a building, said wall being the surface of the cladding on the exterior of the building, whether it's siding, brick or other material, and the boundary of the lot area as set forth in section 2.54. Steps and unenclosed structures are exempt from consideration provided the exemption results in a minimum of five feet of open space on side yards and ten feet of open space on front and rear yards. Also exempt from consideration are portions of the building that protrude horizontally from the wall, including but not limited to eaves, overhangs and window trim, provided said protrusions do not extend more than two feet as measured horizontally from the wall.

(Ord. No. 538, § 1, 2, 7-20-2016)

Ownership of a parcel of property wherein the owner does not own adjoining vacant property, provided that the owner of any number of contiguous lots of record may have as many of said contiguous lots of record considered as a single lot of record for the purpose of this ordinance as he so elects, and in such case the outside perimeter of said group of lots or record shall constitute the front, rear and side lot line thereof.

A public thoroughfare which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, boulevard, highway, road and other thoroughfare, except an alley.

That portion of a building, other than a cellar or mezzanine, included between the surface of any floor and the floor next above, or if there be no floor above it, then the space between the floor and the ceiling next above it.

The part of a building between a pitched roof and the uppermost full story, said part having a floor area which does not exceed one-half the floor area of said full story.

Anything constructed or erected, that is located on the ground, or attached to something located on the ground.

(Ord. No. 537, § 1, 2, 7-20-2016)

Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders, or any substantial change in a roof.

Defined contour of land with gradual slopes that transport and direct the flow of stormwater.

Any structure or container located either above or below grade designed to hold water to a depth of greater than 24 inches, intended for swimming or bathing. A swimming pool shall be considered as an accessory building for the purpose of determining required yard spaces and maximum lot coverage.

A use of a location on or off the manufacturing premises of the following Michigan Liquor Control Commission Licensees where the Licensee may provide samples of or sell at retail for consumption on or off premises the alcohol products it manufactures.

A.

A licensed Brewer or Microbrewer.

B.

A licensed Wine Maker or Small Wine Maker.

C.

A licensed Distiller or Small Distiller.

D.

A licensed Mixed Spirit Drinks Manufacturer.

E.

A licensed Brandy Manufacturer.

(Ord. No. 583, § 1, 7-15-2020)

For purposes of this section, tents are described as a building used for commercial purposes, constructed, assembled or erected with the intent of being taken down or moved at a future time, the walls and roof thereof typically consisting of canvas, vinyl, plastic or other non-structural material.

(Ord. No. 540, § 2, 9-28-2016)

Editor's note— Ord. No. 540, § 2, adopted Sept. 28, 2016, added provisions to the Code, but did not specify manner of inclusion. Therefore, at the discretion of the editor, said provisions have been included in App. A as § 2.76, as set out herein. Inasmuch as there were already provisions so designated, App. A §§ 2.76—2-84 have been renumbered as App. A §§ 2.77—2.84, for purposes of maintaining Code format.

Unenclosed structures are structures, or portions thereof, that have not less than three sides fully open to the elements, including open porches, decks, porticos and similar structures. Glass, screens, shutters, blinds and the like will be considered features that enclose a structure.

The purpose for which land or premises of a building thereon is designed, arranged, or intended, or which it is occupied, or maintained, let, or leased.

A modification of the literal provisions of the zoning ordinance granted when strict enforcement of the zoning ordinance would cause practical difficulties to circumstances unique to the individual property of which the variance is granted.

The act of adversely impacting natural plant materials, including trees, shrubs, and ground cover on a site.

A wetland as defined in Part 303 of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended.

An open space of prescribed width or depth on a lot with a building or group of buildings, which lies between the building or group of buildings, and the nearest lot line, and is unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

A.

Front yard. The minimum horizontal distance between the front line of the building, excluding steps and unenclosed porches and the front lot line, and extending the full width of the lot.

B.

Rear yard. A space unoccupied except by an accessory building as hereinafter permitted, extending for the full width of the lot between any building other an accessory building and the rear lot line.

C.

Side yard. An open unoccupied space on the same lot with the building, between the building and the side lot line, extending from the front yard to the rear yard.

The administrative official appointed by the city council who is responsible for the enforcement of this ordinance.

A zoning district is a portion of the city within which, on a uniform basis, certain uses of land and buildings are permitted and within which certain yards, open spaces, lot areas, and other requirements are established by this ordinance.