Except as hereinafter specified, no building, structure, or premises shall hereinafter be used or occupied, and no building, or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged, or altered, except in conformity with the regulations herein specified for the district in which it is located.

Whenever any provision of this ordinance imposes more stringent requirements, regulations, restrictions, or limitations than are imposed or required by the provisions of any other law or ordinance, the provisions of this ordinance shall govern. Regardless of any other provisions of this ordinance, no land shall be used and no structure erected or maintained in violation of any state or federal pollution or environmental protection law or regulation.

This ordinance, and the various articles, sections, and clauses thereof, are hereby declared to be severable. If any article, section, paragraph, sentence or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of the ordinance shall not be affected thereby. If any article, section, paragraph, sentence, or clause is adjudged unconstitutional or invalid as applied to a particular property, building or other structure, it is hereby provided that the application of such portion of the ordinance to other properties, buildings, or structures shall not be affected thereby.

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 commission, the zoning administrator or other public officials acting in the scope of their authority.

The height requirements of all zoning districts shall not apply to simple antennas, dish antennas less than four feet in diameter, chimneys, flagpoles, lightning rods, elevator or roof access enclosures, and mechanical equipment such as fans and air conditioning units. The height requirements of all zoning districts shall also not apply to turrets, steeples, cupolas and similar structures that have square footage less than 20 percent of the square footage of the highest floor below the turret, steeple, cupola or similar structure, provided that no portion of such excluded structure be more than six feet above the maximum height of the nonexcluded portion of the building.

Buildings or structures designated as "historic" by the state and/or national registers of historic places, if maintained as historic structures, are exempt from the area, bulk, height, and lot coverage requirements of this ordinance. If the use of such historic buildings or structures is for museum purposes, such use shall be exempt from the use provisions of this ordinance. For historic buildings or structures used for non-museum purposes, the use provisions of this ordinance still apply.

Mobile homes are recognized as single-family dwelling units and are subject to the following provisions:

A.

To maintain the integrity of historic structures and the historic character of the city, no mobile shall be located within 1,000 feet of a state or federally designated historic building or structure.

B.

Mobile homes are allowed in zoning districts where single-family dwelling units are permitted, and are subject to the regulations of the district in which they are located.

C.

All mobile homes must meet the following standards: The appearance of a mobile home must be compatible with the appearance of surrounding residential structures as determined pursuant to section 18; all mobile homes must be situated on permanent foundations (such as concrete or cinderblock); and space that exists between the floor of a mobile home and the ground, including the foundation, shall render an appearance similar to a permanently constructed single-family home; and the roof of a mobile home must be pitched at an angle similar to that of surrounding residential structures. The city council, upon recommendation of the planning commission, may require the applicant to post a guarantee to insure conformance with these standards.

D.

The applicant for zoning approval for a mobile home shall submit additional information along with the application and site plans as required in article 20, showing how the mobile home complies with the standards outlined in section 4.07C.

No excavation activity larger than 5,000 square feet in size and deeper that three feet in depth (except for basement excavations) shall be commenced without the issuance of a zoning permit for such activity. Excavation activities shall be permitted only as a special land use in the R-1 district. Such activity will be permitted only if the criteria outlined in article 19 are met. Site plan review requirements, as stated in article 20, apply to extractive uses, except that two separate site plans will be required, (a) an operational site plan, and (b) a reclamation site plan. Each site plan will contain the information required in article 20 plus the following: the operational site plan will show the limits of excavation, the methods of excavation, dray or truck routes in and out of the site, and barriers used for safety around the hole; the reclamation site plan will show how the site will be restored and revegetated to condition suitable for development or other uses. The city council, upon recommendation of the planning commission, may require the applicant to post a guarantee to insure conformance with the standards in this ordinance.

Upon any improvement for which a site plan is required, a landscape buffer shall be constructed along all adjoining boundaries between a property zoned C or HB District and any property zoned R-1, R-3, R-4 or CD District. A landscape buffer may also be required as a condition of approval for site plans, special land uses, planned unit developments, or as directly stated as a requirement of a particular zoning district. The following requirements shall apply:

A.

Landscape buffers shall have a minimum width of ten feet and shall be planted with grass, ground cover, shrubbery, or other suitable plant material. The location, placement, spacing and types of plant materials will be such that an efficient horizontal and vertical obscuring or screening effect between land uses will be achieved.

B.

All plants comprising the buffer will be continuously maintained in a sound, healthy, vigorous growing condition, free of diseases, insect pests, refuse and debris.

C.

Minimum sizes of trees and shrubs planted as a part of a landscape buffer are as follows:

1.

Deciduous shrubs. Minimum two feet in height.

2.

Deciduous trees. Minimum two inches in caliper (diameter).

3.

Evergreen shrubs. Minimum two feet in height.

4.

Evergreen trees. Minimum five feet in height.

D.

The choice and selection of plant materials will be such that the root system will not interfere with public utilities and that fruit and other plant debris (except leaves) will not constitute a nuisance within public rights-of-way, or to abutting property owners.

E.

All plant materials must meet current recommended minimum standards of the American Association of Nurserymen.

F.

Landscape buffers shall be in place at the date of occupancy approval, as provided in section 21.06, unless an extension of up to six months is granted by the Planning Commission and a performance guarantee is deposited to ensure completion of the improvements in accordance with section 4.18.

G.

Berms (earthen mounds) and/or certain types of fences may be installed in lieu of a landscape buffer for the purposes of screening when the planning commission determines, based upon a particular situation, that a fence and/or berm would effectively achieve the public purposes and private benefits inherent in this provision. Fences installed in lieu of or in conjunction with a landscape buffer will be constructed of wood, stone or brick to provide an effective screen and to maintain the natural and historic character of the Island. Chain link or other wire mesh type fences may be permitted only if covered with wood strips or plant materials.

Commercial stables and corrals shall be permitted only as special land uses in any district, provided that the following standards have been complied with:

A.

No commercial stable structure shall exceed 40 feet in height.

B.

No commercial stable structure shall be located within 100 feet of any adjacent building used for residential purposes (see City Ord. No. 127).

C.

All commercial stables shall have a floor area of at least 40 square feet per horse per stall and a total ground floor area of at least 150 square feet per horse.

D.

Commercial corrals shall be allowed only as an accessory use to a commercial stable.

E.

Where a commercial stable or corral use borders a residential use, a landscape buffer shall be installed according to the provisions of section 4.09 of this ordinance.

F.

The means of ingress and egress of horses, drays, carriages and bicycles between a commercial stable or corral, and a public street shall be designed as to minimize congestion on the public streets. The means of ingress and egress shall be shown on the site plan required under article 20.

G.

Commercial stables and corrals shall meet all other regulations of the district in which it is situated.

Private stables are considered an accessory use to any residential use, may be attached or detached to the residential building, and shall be subject to the following regulations:

A.

A private stable shall not be constructed prior to the completion of the primary residential building.

B.

No portion of a private corral shall be closer than five feet from any neighboring property.

C.

No private corral shall be occupied until an inspection is completed by the Zoning Administrator.

D.

A detached private stable and any portion of a private stable which is attached to a residence, shall have side setbacks of 20 feet and a rear setback of 20 feet, and shall not be located closer than 30 feet from any primary residential dwelling on adjoining property.

E.

Private stables shall not exceed 24 feet in height.

F.

Private stables shall be located in the rear or side yard of the property and no portion of the private stable shall extend beyond the front of the residence facing a street.

Where residential uses are permitted, accessory buildings, except as otherwise permitted in this ordinance, shall be subject to the following regulations:

A.

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 the main building. Detached accessory buildings shall not be erected in any front yard. Detached accessory buildings located on corner lots shall not be erected in any area that can be designated as a front yard.

B.

An accessory building not exceeding one story or 14 feet in height may not occupy more than 25 percent of a rear yard; provided that in no instance shall the accessory building exceed the ground floor area of the main building.

C.

An accessory building or structure of less than 100 square feet or area shall not require a zoning permit provided that said building or structure meets all yard requirements for accessory buildings.

D.

No detached accessory building shall be located closer than ten feet to any principal building nor shall it be located closer than five feet to any side or rear lot line; provided however, no accessory building shall be located closer than 20 feet from the principal building on any adjacent property.

E.

Any accessory building shall not be constructed prior to the completion of the primary residential dwelling.

F.

Accessory dwelling units are allowed only within the R-1, R-3, R-4, HB, MD, and CD districts.

G.

Only one accessory dwelling unit, as defined in this ordinance, shall be permitted per lot, subject to the following:

1.

The owner of the lot shall occupy either the principal or accessory dwelling unit.

2.

The floor area shall not exceed 50% of the floor area of the principal dwelling unit.

3.

The accessory dwelling unit shall not be less in floor area than 400 square feet.

4.

The accessory dwelling unit shall have the same architectural style as the principal dwelling unit.

5.

An accessory dwelling unit within or attached to the principal dwelling shall have an interior entry. An exterior entry to an accessory dwelling unit shall not be visible from a street.

6.

The accessory dwelling unit shall comply with the density requirements of the district in which it is located.

7.

The accessory dwelling unit shall comply with all other requirements for principal structures for the district in which it is located.

(Ord. No. 550, § 1, 9-13-2017)

Upon any improvement for which a site plan is required, the applicant must supply information demonstrating the following:

A.

That sewage waste generated on the property will be treated properly in accordance with City and/or LMAS District Health Department standards.

B.

That adequate arrangements are made for the storage and disposal of solid waste, ensuring that it does not cause undue odor, unsightliness, be accessible to animals, or attract animals or flies.

C.

That a safe means of fire escape is provided for all inhabited buildings and structures meeting the requirements of NFPA 1 and NFPA 101.

D.

That a minimum sixteen foot (16′) wide and thirteen foot six inches (13′ 6″) high access way capable of servicing the largest fire apparatus shall be constructed from the nearest public street to each building and structure located more than one-hundred (100) feet from such public street to provide an adequate means of access for fire and emergency vehicles.

E.

That an approved water supply capable of the required fire flow for the structures shall be provided in accordance with NFPA 1 section 18.3

F.

That adequate maneuvering space is provided to allow access by delivery or pick-up vehicles (or drays, carriages, etc.).

G.

That adequate arrangements are made for the provision of utility services, including water and sewer supply, electric, phone, cable, propane tanks and similar equipment.

Except with respect to the location, construction and use of buildings and building sites, the development and use of land by public utilities to provide essential public services is exempt from regulation under this ordinance.

To protect the historic and natural character of the island, the storage of, or residence within, a recreational vehicle is prohibited within the city.

For the uses listed below, a minimum number of off-street bicycle parking spaces shall be provided. Each bicycle space shall be at least one foot by six feet in area, or a standard space in a bicycle rack.

A.

Multiple-family dwellings shall require at least two (2) bicycle spaces per each dwelling unit.

B.

Boardinghouses shall require at least one (1) bicycle space per each occupant.

C.

Hotels and bed and breakfast establishments shall require at least one (1) bicycle space per each bedroom.

D.

Institutional uses shall require at least one (1) bicycle space per each building occupant, based on the average number of building occupants.

E.

Churches or places of worship shall require at least one (1) bicycle space per each six (6) seats or twelve (12) feet of pew space in the main unit of worship.

Reasonable conditions may be required in conjunction with the approval of a special land use, planned unit development or other land uses or activities permitted by discretionary decision (i.e., variances). The conditions may include; conditions necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall do all of the following:

A.

Be designed to protect natural resources, the health, safety, and welfare, as well as the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

B.

Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.

C.

Be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established in the ordinance for the land use or activity under consideration; and be necessary to insure compliance with those standards.

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

To ensure compliance with the terms of this ordinance and any conditions imposed upon the approval of a site plan for a proposed use, the planning commission or city council may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond be furnished by the developer to the City. Such guarantee shall be deposited with the city clerk at the time of the issuance of the approved permit. In fixing the amount of such performance guarantee, the planning commission or city council shall limit it to reasonable improvements required to meet the standards of this ordinance and to protect the natural resources or the health, safety and welfare of the residents of the City and future users or inhabitants of the proposed project or project area including, but not limited to roadways, lighting, utilities, sidewalks, screening and drainage. The term "improvements" does not include the entire project which is the subject of zoning approval, nor to improvements for which a performance guarantee has been deposited pursuant to Public Act No. 288 of 1967, as amended. The planning commission/city council and the project developer shall establish an agreeable procedure for the rebate of any cash deposits required under this section, in reasonable proportion to the ratio of the work completed on the required improvements as work progresses. Said agreement shall be written as an element of the conditions surrounding the approval of the permit.

Bed and breakfasts shall be permitted in the MD, R-3, R-4, HB and C zoning districts, but a bed and breakfast shall be allowed in an MD, R-3 or R-4 zoning district only as a special land use subject to all of the requirements and limitations set forth in article 19 of this ordinance.

Bed and breakfasts shall not be permitted in any other zoning district. Bed and breakfasts shall conform to the following conditions:

A.

Not more than 35 percent of the total floor area nor more than five sleeping rooms of the dwelling unit shall be used for bed and breakfast sleeping rooms.

B.

There shall be no separate cooking or kitchen facilities used for the bed and breakfast guests.

C.

There shall be at least two exits to the outdoors from such establishments.

D.

Sleeping rooms used for bed and breakfast guests shall have a minimum size of 120 square feet for two occupants with an additional 30 square feet for each additional occupant to a maximum of four occupants per room.

E.

Lavatory facilities. Lavatory and bath facilities shall be available to all guests using a bed and breakfast.

F.

Length of stay. The maximum stay for a guest of a bed and breakfast shall be 14 days.

G.

Signs. Sign located on the premises of the bed and breakfast shall conform to the following limitations:

(1)

Signs shall be no more than six square feet in area.

(2)

No sign shall be placed on the roof of a bed and breakfast.

(3)

Illumination of signs in an MD, R-3 or R-4 district shall only be by indirect light and no sign shall be self-illuminating.

(4)

No more than one sign per bed and breakfast is permitted.

(5)

Portable signs are prohibited.

Docks, wharves, piers and all other man-made projections which extend into or over Lake Huron are subject to all of the terms of this zoning ordinance.

Foundations in all zoning districts, except within the CD district, shall be limited to the following height restrictions:

A.

On level lots, the top of the foundation shall not be more than three feet above the highest point where the grade meets the footprint of the building (excluding decks, porches and stairs).

B.

On sloping lots, the top of the foundation shall not be more than an average of five feet above the grade as measured around the perimeter of the entire foundation, unless the planning commission determines that the natural terrain makes compliance reasonably impossible.

C.

For purposes of these foundation height measurements, back filling around the perimeter of the foundation shall be uniform in depth as it relates to the natural undisturbed grade, unless otherwise approved by the Planning Commission.

D.

In the CD district, foundations shall be subject to the restrictions set forth within section 4.20 A, B, and C, or may be of a height equal to the average of the heights of the adjacent home foundations.

Fences, as defined herein, are subject to site plan review and the following provisions:

A.

Definition. A fence means a structure forming a barrier, generally designed to prevent entrance or to depict a boundary or to enclose an area. This definition shall not include hedges or other vegetative barriers, free standing entrance structures such as trellises, garden fences and fences that are required as screening of trash sites and equipment on commercial premises.

B.

Location.

1.

Fences must be located on the applicant's property.

2.

No fence may be placed in the public right-of-way.

3.

Fences on a common property line may be approved provided the adjoining owner provides written consent to such location.

4.

The fence shall not be located in a place or manner that interferes with drainage or the maintenance of any utility.

5.

No fence shall be allowed in a location or of a height that impedes clear vision of any drive, sidewalk or street.

C.

Material. Fences shall be constructed of materials of wood, stone, metal, or other historically appropriate materials upon determining the same by the Planning Commission.

D.

Height.

1.

Fences in front yards shall be no higher than four feet except for entrances consisting of decorative gateways or trellises, which may be constructed as high as ten feet.

2.

Fences in side and rear yards shall be no higher than six feet.

E.

Design.

1.

Fences shall be properly constructed to be structurally sound, secure, safe and properly maintained.

2.

The finished side of a fence shall face outward from the property on which it is located, any necessary bracing shall be on the inside of the fence.

3.

Any gate shall swing into the property being fenced.

F.

Colors.

1.

Any fences painted or stained shall use colors that are compatible with the architecture of the main building on the property.

2.

Iridescent or day-glow colors are not allowed.

G.

Prohibited Types of Fences.

1.

Barbed wire, razor wire, concertina wire, or other hazardous type.

2.

Single-strand wire

3.

Chicken wire.

4.

Wood stockade with the exception of the same when utilized in an appropriately historical location, setting and context.

5.

Electric fencing with the exception of animal containment and invisible pet fences.

6.

Chain link fences in the front yard, except within the R-4 District.

A home occupation shall be allowed when conducted entirely within an enclosed dwelling and/or assessor building, and shall not require a zoning permit, conditioned upon the following requirements being met:

A.

The person(s) engaged in the home occupation must reside on the premises;

B.

The home occupation shall be clearly incidental and secondary to residential occupancy and shall not change the character of the residential nature of the premises;

C.

All activities shall be carried on within enclosed structures. There shall be no outside display of any kind. A small announcement sign not to exceed two square feet in area and attached to the front wall of the principal structure shall be permitted. All other signs are prohibited.

D.

The home occupation shall not create a nuisance, endanger the health, safety, welfare or enjoyment of any other person in the area by reason of noise, vibration, glare, fumes, odor, unsanitary or unsightly conditions, fire hazards, or the like, involved in or resulting from such home occupation.

E.

The home occupation shall not otherwise create customer or client traffic that exceeds that normally created by residential use.

A home occupation that is compliant with the standards of this section shall not require a business license, nor shall any business license be issued. Provided however, business activities requiring licensing under the Michigan Occupational Code shall require a city business license as a home occupation.

(Ord. No. 551, § 1, 9-13-2017)

It is the intent of this section to establish standards for adult foster care facilities, which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood. The following regulations shall apply to adult foster care facilities.

A.

A State licensed Adult Foster Care Small Group Home serving six persons or less and Adult Foster Care Family Home shall be considered a residential use of property and a permitted use in all residential districts.

B.

The Planning Commission may, by issuance of a special land use permit in accordance with article 19, authorize the establishment of Adult Foster Care Small Group Homes serving between 6 and 12 persons in the R-1, R-3, and R-4 zoning districts. Such uses shall be subject to the following standards:

1.

A site plan, prepared in accordance with article 20, shall be required to be submitted.

2.

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of one thousand-five hundred (1,500) square feet per adult, excluding employees and/or care givers.

3.

The property shall be maintained in a manner that is consistent with the character of the neighborhood.

4.

At its discretion, the Planning Commission may require a landscape buffer in accordance with section 4.9.

5.

Appropriate licenses with the State of Michigan shall be maintained.

It is the intent of this section to establish standards for child care facilities, which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood. The following regulations shall apply to child care facilities.

A.

A State licensed Child Care Family Home shall be considered a residential use of property and a permitted use in all residential districts.

B.

The Planning Commission may, by issuance of a special land use permit in accordance with article 19, authorize the establishment of Child Care Group Homes in the R-1, R-3, and R-4 zoning districts. Such uses shall be subject to the following standards:

1.

A site plan, prepared in accordance with article 20, shall be required to be submitted.

2.

The property is maintained in a manner that is consistent with the character of the neighborhood.

3.

An outdoor play area of at least 500 square feet shall be provided on the premises. Said play area shall not be located within the front yard setback.

4.

All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing, and is at least four feet in height, but no higher than six feet.

5.

The hours of operation do not exceed 16 hours within a 24 hour period.

6.

Appropriate licenses with the State of Michigan shall be maintained.

C.

The Planning Commission may, by issuance of a special land use permit in accordance with article 19, authorize the establishment of Child Care Centers in the R-3, R-4, HB and C zoning districts. Such uses shall be subject to the following standards:

1.

A site plan, prepared in accordance with article 20, shall be required to be submitted.

2.

The property is maintained in a manner that is consistent with the character of the neighborhood.

3.

An outdoor play area of at least 1,000 square feet shall be provided on the premises. Said play area shall not be located within the front yard setback.

4.

All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing, and is at least four feet in height, but no higher than six feet.

5.

Appropriate licenses with the State of Michigan shall be maintained.

Any commercial use shall be conducted within any commercial unit, which shall have a minimum floor area of 400 square feet. Rental bicycle liveries, rental non-motorized marine vessel liveries, freight docks, ferry docks, and horse drawn vehicle businesses shall be specifically exempted from this requirement.

(Ord. No. 486, § 1, 11-24-2014, eff. 12-14-2014)

Environmental protection standards are established to protect the short and long-term health, safety, and welfare of the City by preventing erosion and flooding and protecting water quality. All uses and activities established after the effective date of this ordinance shall comply with the following standards. Site alternations, re-grading, filling or the clearing of vegetation, or any other activity deemed detrimental to any environmentally sensitive area or resource prior to the submission of plans for subdivision or land development shall be a violation of this ordinance.

A.

Stormwater management standards. Where it is determined that the public storm drainage system lacks sufficient capacity to control drainage to off-site properties and drainageways, the City may require on-site detention storage of storm water. The particular facilities and measures required on-site shall reflect the natural features, wetlands, and watercourses on the site; the potential for on-site and off-site flooding, water pollution, and erosion; and the size of the site. Stormwater management shall comply with the following standards:

1.

The design of storm sewers, detention facilities, and other stormwater management facilities shall comply with all applicable standards of the City of Mackinac Island.

2.

Where required by Public Act 451 of 1994, as amended, a Soil Erosion and Sedimentation Control (SESC) permit shall be obtained from the LMAS District Health Department. Additionally, the Planning Commission shall have the authority to require the submittal of a Soil Erosion and Sedimentation Control plan where it is determined that the natural conditions of the site and/or the complexity of the proposed development so warrant.

3.

Stormwater management conveyance, storage and infiltration measures and facilities shall be designed to prevent flood hazards and water pollution related to stormwater runoff and soil erosion from the proposed development.

4.

The use of swales and vegetated buffer strips is encouraged in cases where it is safe as a method of stormwater conveyance so as to decrease runoff velocity, allow for natural infiltration, allow suspended sediment particles to settle, and to remove pollutants.

5.

Alterations to natural drainage patterns shall not create flooding or water pollution for adjacent or downgradient property owners.

6.

Discharge of runoff from any site, which may contain oil, grease, toxic chemicals, or other polluting materials is prohibited. If a property owner desires to propose measures to reduce and trap pollutants, the owner must meet the requirements of the Michigan Department of Environmental Quality and/or the City of Mackinac Island, based upon professionally accepted principles, such a proposal shall be submitted and reviewed by the City, with consultation of appropriate experts.

7.

Drainage systems shall be designed to protect public health and safety and to be visually attractive, taking into consideration viable alternatives.

8.

Maintenance of detention basins shall be the responsibility of the property owner in accordance with applicable standards established by the City of Mackinac Island and/or County and State agencies.

B.

Steep slope development standards.

1.

General design standards.

a)

Structures shall be designed in a manner that requires a minimum amount of alteration to any steep slopes on the site. Except where a geologic hazard investigation report recommends otherwise, multi-level building design and/or terracing shall be used in steep slope areas. Otherwise, structures shall be sited on existing level areas of the site.

b)

Particular caution shall be taken to prevent increases in the rate of stormwater runoff and erosion downgradient of any steep slope development site. Additionally, the Planning Commission shall have the authority to require the submittal of a Soil Erosion and Sedimentation Control plan where it is determined that the natural conditions of the site and/or the complexity of the proposed development so warrant.

2.

Specific Design Standards.

a)

Any site disturbance of slopes exceeding fifteen (15%) percent shall be minimized.

b)

No site disturbance shall be allowed on slopes exceeding twenty-five (25%) percent, except under the following circumstances.

i)

Grading for a portion of a driveway accessing a single family dwelling when it can be demonstrated that no other routing which avoids slopes exceeding twenty-five (25%) percent is possible.

ii)

Upon submission of a report by a certified soil or geotechnical engineer indicating that the steep slope may be safety developed and execution of a provision agreeing to hold the City of Mackinac Island harmless from any claims of damages due to approval of such development. If development is allowed to proceed under this subsection, no more than fifteen (15%) percent of such areas shall be developed and/or re-graded or stripped of vegetation.

c)

Finished slopes of all cuts and fills shall not exceed three-to-one (3:1), unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately.

C.

Shoreline development standards.

1.

The following regulations shall apply to all properties having frontage on the Lake Huron shoreline.

A.

No natural vegetation occurring on a lot shall be unnecessarily removed or disturbed during the construction of a building or structure. As much of the natural plant material existing on the lot shall be left as undisturbed as possible on all sides of the building or structure.

B.

Shoreline landscape buffers may be required by the planning commission to reduce water pollution caused by stormwater runoff. The width and composition of such landscape buffers shall be determined by the planning commission. All plantings shall consist of native trees and shrubs and herbaceous vegetation.

C.

Landscape buffers required by this section shall be continuously maintained in a sound, healthy, vigorous growing condition, free of diseases, insect pests, refuse and debris.

D.

Landscape buffers shall be in place at the date of occupancy approval, as provided in section 21.06, unless an extension of up to six months is granted by the Planning Commission and a performance guarantee is deposited to ensure completion of the improvements in accordance with section 4.18.

D.

Wetland protection standards.

1.

Any activities undertaken within a regulated wetland shall require a permit from the Michigan Department of Environmental Quality in accordance with the Part 303 of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended. Such permit must be obtained prior to the issuance of a zoning permit from the City.

2.

Should available sources of wetland information, consultants report or the MDEQ determine the potential or known presence of a wetland, the Planning Commission may require a wetland determination by a recognized expert prior to approving a site plan.

A.

To the extent feasible, all outdoor lighting in all use districts shall be directed toward and confined to the ground areas of the site, and shall be so arranged as to reflect lights away from all adjacent residential districts or adjacent residences.

B.

Lighting in nonresidential districts, used for the external illumination of buildings, may be allowed so as to feature said buildings, but shall be arranged and shielded so as not to interfere with the vision of persons on adjacent streets or adjacent property.

C.

All illumination of any outdoor feature shall not be of a flashing, moving or intermittent type. Artificial light shall be maintained stationary and constant in intensity and color at all times when in use.

D.

Decorative lighting for holidays and special Island events shall be exempt from the provisions of this section for the duration of the holiday and special event.

The erection or modification of any structure within an adopted airport approach protection plan area shall require a permit from the Michigan Department of Transportation Bureau of Aeronautics.

A.

Short Term Tents. A tent may be used for commercial purposes in districts where such commercial use is allowed without prior site plan approval or a zoning permit, provided, all of the following are met:

1.

The city zoning administrator, or designee, is notified in advance of the construction or erection of the tent;

2.

The tent does not stay erected for more than 72 continuous hours;

3.

The tent is otherwise compliant with all requirements applicable to the zoning district.

B.

Special Events Tents. A tent may be used for commercial purposes in districts where such use is allowed without prior site plan approval or a zoning permit, provided, all of the following are met:

1.

The city zoning administrator, or designee, is notified in advance of the construction or erection of the tent;

2.

The tent does not stay erected for more than seven consecutive days; and

3.

The tent is used during, and in association with, any of the following special events: Chicago Yacht Club Race, Bayview Yacht Club Race, Detroit Regional Chamber of Commerce, Grand Hotel Jazz Fest and Republican Leadership Conference or other similar events approved by the city council;

4.

The tent is otherwise compliant with all requirements applicable to the zoning district.

C.

Seasonal Tents. A tent may be used for commercial purposes on a seasonal basis in districts where such commercial use is allowed, commencing May 1 ^st and continuing through October 31 ^st of any given year upon issuance of site plan approval and a zoning permit authorized by the Planning Commission based on the following criteria:

1.

Whether the tent has been previously used in the proposed location;

2.

Whether any negative impact on the surrounding area created by the commercial activity to be conducted within the tent is unreasonably increased by the use of a tent as opposed to a permanent structure;

3.

Any other reasons why a tent is being proposed for use in lieu of a permanent structure in light of the public policy favoring history and architecture on Mackinac Island;

4.

The tent is otherwise compliant with all requirements applicable to the zoning district;

5.

Any other reason relating to the health, safety and welfare of the residents and visitors to Mackinac Island.

D.

Contractor's Tents. A tent may be used by licensed contractors for temporary storage of their tools, or weather protection, while working on a construction project. No site plan approval or zoning permit is required for this type of use.

(Ord. No. 540, § 3, 9-28-2016)

Editor's note— Ord. No. 540, § 3, 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 § 4.29, as set out herein.

A.

Definition. Seasonal enclosures, for purposes of this section, mean enclosures attached to an existing primary structure on a parcel of land that is erected and maintained only during a time period after November 1 ^st and before May 1 ^st of any given year, specifically excluding various tents as defined in Ordinance No. 540, City of Mackinac Island Code section 4.29. Provided said enclosure is otherwise fully compliant with all provisions of the City of Mackinac Island Zoning Ordinance.

B.

No Permit Required. Seasonal enclosures may be constructed or maintained in all zoning districts without a zoning permit and shall be exempt from site plan and architectural review.

(Ord. No. 564, §§ 1, 2, 1-30-2019)

Editor's note— Ord. No. 564, §§ 1, 2, adopted Jan. 30, 2019, 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 § 4.30, as set out herein.