For the purpose of this article, the city is hereby divided into the following zoning districts, which shall be known by the following respective symbols and names:

R-1: Single-Family Residential

R-2: Multiple-Family Residential

B-1: Restricted Business

B-2: General Business

M-1: Mixed Use

I-1: Industrial

OS-1: Open Space/Public Area

OS-2: Open Space/Services

(Ord. No. 299 of 2011, § 301, 2-14-2011)

(a)

The boundaries of the respective districts enumerated in section 50-52 are defined and established as depicted on the map entitled "City of Manistique Official Zoning Map," which is an integral part of this article. This map, along with all notations and explanatory matter thereon, shall become as much a part of this article as if fully described herein.

(b)

The city official zoning map shall be identified by the signature of the mayor, attested by the city clerk. If, in accordance with the provisions of this article, changes are made in district boundaries, such changes shall be incorporated on the city official zoning map and approved by the city council together with an entry on the city official zoning map showing the date and official action taken.

(c)

One copy of the city official zoning map is to be maintained and kept up-to-date by the city zoning administrator, accessible to the public and shall be the final authority as to the current zoning status of properties in the city.

(Ord. No. 299 of 2011, § 302, 2-14-2011)

Where due to the scale, lack of detail or illegibility of the zoning maps, there is any uncertainty, contradiction or conflict as to the intended location of any zoning district boundary as shown thereon; the zoning board of appeals shall make an interpretation of said map upon request of any person. The zoning board of appeals shall apply the following standards in interpreting the zoning map:

(1)

Zoning district boundary lines are intended to follow lot lines, or be parallel or perpendicular thereto, or along the center lines of alleys, streets, rights-of-way or water courses, unless such boundary lines are fixed by dimensions shown on the zoning map. In the case of districts which are drawn as a strip along a street or highway, the intent is for the district to encompass the entire area of any lot fronting upon that street or highway. Although the district boundary as depicted on the map may be a straight line, the actual boundary will be irregular as a result of the irregular nature of some lots.

(2)

Where zoning district boundary lines are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundary lines.

(3)

Zoning district boundary lines are not generally intended to result in a single lot being divided into two or more districts. A lot, the location of any such zoning district boundary line, unless indicated by dimensions shown on the zoning map, shall be determined by the use of the map scale shown thereon.

(4)

If, after the application of the foregoing rules, uncertainty still exists as to the exact location of a zoning district boundary line, the boundary line shall be determined in a reasonable manner, considering the history of uses of property and the history of zoning ordinances and amendments in the city, as well as all other relevant facts.

(Ord. No. 299 of 2011, § 303, 2-14-2011)

In the event the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes made thereto, the city council may adopt a new official zoning map which shall supersede the prior official zoning map. The official zoning map shall bear the same signatures and certification as required in section 50-53. Unless the official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment.

(Ord. No. 299 of 2011, § 304, 2-14-2011)

The regulations herein established within each zoning district shall be the minimum regulations for promoting and protecting the public health, safety and general welfare, and shall be uniform for each class of land or buildings and structures throughout each district. Where there are practical difficulties in the way of carrying out the strict letter of this article, the zoning board of appeals shall have power in passing upon appeals, in accordance with article X of this chapter, to vary or modify regulations and provisions of this article so that the intent and purposes of this article shall be observed, public safety secured and substantial justice done.

(Ord. No. 299 of 2011, § 305, 2-14-2011)

(a)

Except as may otherwise be provided in this article, every building and structure erected, every use of any lot, building or structure established, every structural alteration or relocation of an existing building or structure occurring, and every enlargement of or addition to an existing use, building or structure occurring after the effective date of the ordinance from which this article is derived shall be subject to all regulations of this article which are applicable in the zoning district in which such use, building, or structure shall be located.

(b)

Uses are permitted by right only if specifically listed as principal permitted uses in the various zoning districts. Where not specifically permitted, either by right or conditionally, uses are thereby prohibited unless construed to be similar to an expressly permitted use. The zoning board of appeals shall determine if a use is similar to a use specifically permitted by right or by conditions.

(c)

Accessory uses are permitted as indicated for the various zoning districts and if such uses are clearly incidental to the permitted principal uses.

(d)

The uses permitted subject to conditional use permit are recognized as possessing characteristics of such unique and special nature (relative to location, design, size, etc.) as necessitating individual standards and conditions in order to safeguard the general health, safety and welfare of the community.

(e)

Any structure, use of a structure or land use and any lot, the size, width, or other characteristic of which fails to meet the requirements of the land use district in which it is located and which was lawfully established in accordance with state and local statutes ("of record") prior to the effective date of this amendment shall be considered a legal nonconforming use.

(Ord. No. 299 of 2011, § 306, 2-14-2011)

Wherever any provision of this article imposes more stringent requirements, regulations, restrictions or limitations than those imposed or required by the provisions of any other law or ordinance, then the provisions of this article shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this article, then the provisions of such law or ordinance shall govern. No vested right shall arise to the property owner for any parcel or use created in violation of any preceding city zoning ordinance.

(Ord. No. 299 of 2011, § 307, 2-14-2011)

The location of pipes, wires, poles, and generating and transmission equipment of public utilities or railroad tracks regulated by the state or by the United States are exempt from regulation under this article.

(Ord. No. 299 of 2011, § 308, 2-14-2011)

(a)

Intent. The R-1 Single-Family Residential District is intended for the establishment and preservation of quiet neighborhoods for single-family dwellings, free from other uses except those which are both compatible with and convenient to the residents in this district. The R-1 district is designed to accommodate residential dwellings served by municipal water and wastewater treatment services.

(b)

Permitted principal uses.

(1)

Single-family dwellings.

(2)

Adult foster care family homes.

(3)

Foster family homes.

(4)

Foster family group homes.

(5)

Family day care facilities.

(6)

Group day care facilities.

(7)

Home occupations.

(8)

Parks and recreation facilities, day use only.

(9)

Public libraries, other public buildings.

(10)

Schools, elementary (K—6).

(c)

Permitted accessory uses. The following are permitted accessory uses:

(1)

Accessory structures normally associated with residential dwellings, such as a private garage, shed for yard tools, playhouse, pens, boat house, swimming pools, woodshed, and sauna.

(2)

Accessory uses and structures normally associated with the permitted use.

(d)

Conditional uses authorized by permit. The following uses of land and structures may be permitted in this district by application for and the issuance of a conditional use permit as provided for in article VII of this chapter.

(1)

Bed and breakfast establishments.

(2)

Day care centers or preschools.

(3)

Golf courses.

(4)

Planned unit developments in accordance with section 50-108 only in those portions of this district located west of Chippewa Street, south of Deer Street, north of U.S. 2, and east of the corporate limits of the city.

(5)

Religious institutions.

(e)

Permitted temporary storage.

(1)

Cargo (intermodal) containers may be used for temporary storage in the R1 zoning district for a period not to exceed 180 days in a 365-day period. Cargo (intermodal) containers that exceed a height of eight feet six inches, a width of eight feet and a length of 40 feet are prohibited at all times.

(2)

Cargo containers are prohibited in R-1 residential districts for any use other than the aforecited temporary storage.

(Ord. No. 299 of 2011, § 309, 2-14-2011)

(a)

Intent. The R-2 District, Multiple-Family Residential, is intended for the establishment and preservation of residential areas, including single-, two- and multiple-family dwellings. The regulations of this district are designed to protect and stabilize the characteristics of these areas and to promote and encourage a suitable and safe environment for family life.

(b)

Permitted principal uses.

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Adult foster care family homes.

(4)

Foster family homes.

(5)

Foster family group homes.

(6)

Family day care facilities.

(7)

Group day care facilities.

(8)

Home occupations.

(9)

Parks and recreation facilities, day use only.

(10)

Public libraries, other public buildings.

(11)

Schools, elementary (K-8).

(c)

Permitted accessory uses. The following are permitted accessory uses:

(1)

Accessory structures normally associated with residential dwellings, such as a private garage, shed for yard tools, playhouse, pens, boat house, swimming pools, woodshed, and sauna.

(2)

Accessory uses and structures normally associated with permitted uses.

(d)

Conditional uses authorized by permit. The following uses of land and structures may be permitted in this district by application for and the issuance of a conditional use permit as provided for in article VII of this chapter.

(1)

Assisted living facilities.

(2)

Bed and breakfast establishments.

(3)

Cultural facilities.

(4)

Day care centers or preschools.

(5)

Mobile home parks.

(6)

Multiple-family dwellings.

(7)

Golf courses.

(8)

Religious institutions.

(e)

Permitted temporary storage.

(1)

Cargo (intermodal) containers may be used for temporary storage in the R-2 zoning district for a period not to exceed 180 days in a 365-day period. Cargo (intermodal) containers that exceed a height of eight feet six inches, a width of eight feet and a length of 40 feet are prohibited at all times.

(2)

Cargo containers are prohibited in R-2 residential districts for any use other than the aforecited temporary storage.

(Ord. No. 299 of 2011, § 310, 2-14-2011)

(a)

Intent. The B-1 Restricted Business District is intended to provide for commercial uses which are appropriate for high-density development, such as in the central business district. Uses in this district typically occupy buildings which share common walls and front directly on the sidewalks; where off-street parking is provided, it is typically behind the business. Uses are generally arranged so as to be more attractive to pedestrian traffic, where shoppers can access several businesses in a compact area. Residential uses are not permitted in this district, with the exception of dwellings in the upper floors of commercial establishments.

(b)

Principal permitted uses.

(1)

Banks and financial institutions.

(2)

Business service establishments.

(3)

Cultural facilities.

(4)

Dwellings, upper floor commercial.

(5)

Home occupations.

(6)

Medical and dental offices.

(7)

Office buildings.

(8)

Parks and recreation facilities, day use only.

(9)

Personal service establishments.

(10)

Plumbers, electricians, decorators, etc., offices and showrooms.

(11)

Private clubs and lodge halls.

(12)

Public libraries, other public buildings.

(13)

Restaurants without drive-through.

(14)

Retail food establishments.

(15)

Retail outlet stores.

(16)

Retail sales establishments.

(17)

Sidewalk cafes.

(18)

Supermarkets.

(19)

Taverns.

(20)

Temporary outdoor activities.

(21)

Theaters, assembly halls, and gaming establishments.

(c)

Permitted accessory uses. The following are permitted accessory uses:

(1)

Any structural or mechanical building or use customarily incidental to the permitted principal use.

(2)

Signs, as required and subject to the regulations established in article VI of this chapter.

(d)

Conditional uses permitted by conditional use permit. The following uses of land and structures may be permitted in this district by application for and the issuance of a conditional use permit as required for in article VII of this chapter.

(1)

Adult foster care/small group homes.

(2)

Automobile service stations.

(3)

Automobile repair garages.

(4)

Automobile wash facilities.

(5)

Automobile sales or showrooms, new or used.

(6)

Bowling alleys.

(7)

Cellular communications sites.

(8)

Commercial printing and newspaper offices.

(9)

Convenience retail.

(10)

Dry cleaning establishments.

(11)

Flea markets.

(12)

Funeral homes.

(13)

Greenhouse.

(14)

Greenhouses with nursery.

(15)

Health care facilities (out-patient).

(16)

Laundromats.

(17)

Motels, hotels, cabins and resorts.

(18)

Office parks.

(19)

Planned units developments.

(20)

Recycling collection points.

(21)

Research and development establishments.

(22)

Shopping centers.

(23)

Video arcades.

(Ord. No. 299 of 2011, § 311, 2-14-2011)

(a)

Intent. The B-2 General Business District is intended to provide for a more diversified, lower density commercial district, containing businesses which may require larger lots, or generate more traffic, lighting and other impacts on adjacent uses. Uses in this district are generally oriented more towards automobile traffic, and may include outdoor storage or sales in some cases. Residential uses are not permitted in this district, with the exception of dwellings in the upper floors of commercial establishments.

(b)

Permitted principal uses.

(1)

Adult foster care small group homes.

(2)

Automobile service stations.

(3)

Automobile repair garages.

(4)

Automobile wash facilities.

(5)

Automobile sales or showrooms, new or used.

(6)

Banks and financial institutions.

(7)

Bowling alleys.

(8)

Business service establishments.

(9)

Cultural facilities.

(10)

Dry cleaning establishments.

(11)

Dwellings, upper floor commercial.

(12)

Flea markets.

(13)

Funeral homes.

(14)

Greenhouses.

(15)

Greenhouses with nursery.

(16)

Home occupations.

(17)

Laundromats.

(18)

Medical and dental offices.

(19)

Motels, hotels, cabins and resorts.

(20)

Office buildings.

(21)

Office parks.

(22)

Parks and recreation facilities, day use only.

(23)

Personal service establishments.

(24)

Plumbers, electricians, decorators, etc., offices and showrooms.

(25)

Private clubs and lodge halls.

(26)

Public libraries, other public buildings.

(27)

Restaurants without drive-through.

(28)

Retail food establishments.

(29)

Retail outlet stores.

(30)

Retail sales establishments.

(31)

Shopping centers.

(32)

Sidewalk cafes.

(33)

Supermarkets.

(34)

Taverns.

(35)

Temporary outdoor activities.

(36)

Theaters, assembly halls and gaming establishments.

(c)

Permitted accessory uses. The following are permitted accessory uses:

(1)

Any structural or mechanical building or use customarily incidental to the permitted principal use.

(2)

Signs, as required and subject to the regulations established in article V of this chapter.

(d)

Conditional uses authorized by permit. The following uses of land and structures may be permitted in this district by application for and the issuance of a conditional use permit as provided in article VII of this chapter.

(1)

Adult foster care large group homes.

(2)

Amusement parks, fairgrounds, miniature golf courses.

(3)

Assisted living facilities.

(4)

Bed and breakfast establishments.

(5)

Building material sales and storage.

(6)

Cellular communications site.

(7)

Commercial printing and newspaper offices.

(8)

Conference center.

(9)

Contractor yards.

(10)

Convenience retail.

(11)

Day care center or preschool.

(12)

Flea markets.

(13)

Golf courses.

(14)

Health care facilities (in-patient).

(15)

Health care facilities (out-patient).

(16)

Kennels, commercial.

(17)

Kennels, non-commercial.

(18)

Long-term care facilities.

(19)

Manufacturing and assembly.

(20)

Painting, varnishing, and undercoating shops for automobiles.

(21)

Parks and recreation facilities, overnight use.

(22)

Planned unit developments.

(23)

Recycling centers.

(24)

Recycling collection points.

(25)

Refineries, storage of flammable liquids.

(26)

Research and development establishments.

(27)

Restaurants with drive-through.

(28)

Retail warehouse outlets.

(29)

Roadside stands.

(30)

Trade and technical schools.

(31)

Truck stops.

(32)

Truck terminals.

(33)

Utility substations.

(34)

Veterinary clinics.

(35)

Video arcades.

(36)

Warehouse, self storage.

(37)

Wholesale and warehousing.

(Ord. No. 299 of 2011, § 312, 2-14-2011)

(a)

Intent. The M-1 Mixed Use District is established to provide for the establishment and preservation of traditional neighborhoods containing a mix of residential and compatible commercial uses. These areas can also serve as a transition area between business and residential districts. Non-residential uses permitted in this district are limited to those uses which are compatible with residential use, in that they do not involve high traffic volumes, excessive lighting, noise, smoke, fumes, or outdoor storage or sales.

(b)

Permitted principal uses.

(1)

Adult foster care family homes.

(2)

Foster family homes.

(3)

Foster family group homes.

(4)

Adult foster care small group homes.

(5)

Family day care facilities.

(6)

Group day care facilities.

(7)

Dwellings, upper floor commercial.

(8)

Dwellings, single-family.

(9)

Dwellings, two-family.

(10)

Home occupations.

(11)

Laundromats.

(12)

Parks and recreation facilities, day use only.

(13)

Plumbers, electricians, decorators, etc., offices and showrooms.

(14)

Public libraries, other public buildings.

(15)

Schools, elementary (K—6).

(16)

Schools, middle and high (7—12).

(c)

Permitted accessory uses. The following are permitted accessory uses:

(1)

Accessory structures normally associated with residential dwellings, such as a private garage, shed for yard tools, playhouse, pens, boat house, swimming pools, woodshed, and sauna.

(2)

Any structural or mechanical building or use customarily incidental to the permitted principal use.

(3)

Signs, as required and subject to the regulations established in article VI of this chapter.

(d)

Conditional uses authorized by permit. The following uses of land and structures may be permitted in this district by application for and the issuance of a conditional use permit as provided for in article VII of this chapter.

(1)

Adult foster care large group home.

(2)

Assisted living facilities.

(3)

Bed and breakfast establishments.

(4)

Business service establishments.

(5)

Cellular communications sites.

(6)

Commercial printing and newspaper offices.

(7)

Conference center.

(8)

Convenience retail.

(9)

Cultural facilities.

(10)

Day care center or preschool.

(11)

Dwelling, multiple-family.

(12)

Flea market.

(13)

Funeral homes.

(14)

Greenhouse.

(15)

Golf courses.

(16)

Health care facilities, in-patient.

(17)

Health care facilities, out-patient.

(18)

Long-term care facilities.

(19)

Medical and dental offices.

(20)

Mobile home parks.

(21)

Motels, hotels, cabins and resorts.

(22)

Office buildings.

(23)

Office parks.

(24)

Parks and recreation facilities, overnight use.

(25)

Personal service establishments.

(26)

Planned unit development.

(27)

Private clubs and lodge halls.

(28)

Religious institutions.

(29)

Research and development establishments.

(30)

Restaurant with drive-through.

(31)

Restaurant without drive-through.

(32)

Retail outlet stores.

(33)

Retail sales establishments.

(34)

Roadside stands.

(35)

Shopping centers.

(36)

Sidewalk cafes.

(37)

Supermarkets.

(38)

Taverns.

(39)

Temporary outdoor activities.

(40)

Theaters, assembly halls and gaming establishments.

(41)

Utility substations.

(42)

Veterinary clinics.

(43)

Warehouse, self storage.

(44)

Wholesale and warehousing.

(Ord. No. 299 of 2011, § 313, 2-14-2011)

(a)

Intent. The I-1 Industrial District is designed and intended for manufacturing, assembling, fabricating, and processing businesses, storage, mineral extraction, and other commercial activities which may require larger sites and isolation from many kinds of other land uses and to make provisions for commercial uses necessary to service the immediate needs of an industrial area.

(b)

Permitted principal uses.

(1)

Automobile service stations.

(2)

Automobile repair garages.

(3)

Automobile wash facilities.

(4)

Automobile sales or showrooms, new or used.

(5)

Banks and financial institutions.

(6)

Bottling works.

(7)

Building materials sales and storage.

(8)

Cellular communications sites.

(9)

Commercial printing and newspaper offices.

(10)

Commercial towers.

(11)

Contractor yards.

(12)

Dry cleaning establishments.

(13)

Freight handling facilities.

(14)

Manufacturing and assembly.

(15)

Office buildings.

(16)

Office parks.

(17)

Parks and recreation facilities, day use only.

(18)

Recycling centers.

(19)

Recycling collection points.

(20)

Recycling plants.

(21)

Research and development establishments.

(22)

Retail warehouse outlets.

(23)

Warehouse, self storage.

(24)

Wholesale and warehousing.

(c)

Permitted accessory uses. The following are permitted accessory uses:

(1)

Any structural or mechanical building or use customarily incidental to the permitted principal use.

(2)

Signs, as required and subject to the regulations established in article VI of this chapter.

(d)

Conditional uses authorized by permit. The following uses of land and structures may be permitted in this district by application for and the issuance of a conditional use permit as provided for in article VII of this chapter.

(1)

Asphalt plants.

(2)

Business service establishments.

(3)

Convenience retail.

(4)

Food processing establishments.

(5)

Greenhouse.

(6)

Greenhouse with nursery.

(7)

Gravel/sand pits.

(8)

Kennels, commercial.

(9)

Painting, varnishing and undercoating shops.

(10)

Planned unit developments.

(11)

Plumbers, electricians, decorators, etc., offices and showrooms.

(12)

Refineries, storage of flammable liquids.

(13)

Trade and technical schools.

(14)

Truck stops.

(15)

Truck terminals.

(16)

Utility substations.

(17)

Woodyards.

(Ord. No. 299 of 2011, § 314, 2-14-2011)

(a)

Intent. The OS-1 Open Space/Public Area District is intended to encompass publicly-owned lands which are to be maintained as open space and/or recreational areas. These areas generally provide residents and visitors views of and access to the Lake Michigan shoreline.

(b)

Permitted principal uses. Parks and recreation facilities, day use only.

(c)

Permitted accessory uses. The following are permitted accessory uses: Accessory structures normally associated with parks and recreational facilities, such as restrooms, interpretive signs, boardwalks, fishing or viewing piers, pavilions, shelters, picnic tables, etc.

(d)

Conditional uses authorized by permit. The following uses of land and structures may be permitted in this district by application for and the issuance of a conditional use permit as provided for in article VII of this chapter.

(1)

Parks and recreation facilities, overnight use.

(2)

Schools, elementary (K—6).

(3)

Schools, middle and high (7—12).

(Ord. No. 299 of 2011, § 315, 2-14-2011)

(a)

Intent. The OS-2 Open Space/Services District is intended to provide for recreational areas and other public services on publicly-owned lands, with the opportunity for certain types of commercial use should areas within this district be leased, sold, or otherwise made available for development. It is felt that certain sites within this district, although currently publicly-owned, represent suitable areas for development should ownership change.

(b)

Permitted principal uses.

(1)

Parks and recreation facilities, day use only.

(2)

Public libraries, other public buildings.

(c)

Permitted accessory uses. The following are permitted accessory uses:

(1)

Accessory structures normally associated with parks and recreational facilities, such as restrooms, interpretive signs, boardwalks, fishing or viewing piers, pavilions, shelters, picnic tables, etc.

(2)

Accessory uses and structures normally associated with the permitted use.

(d)

Conditional uses authorized by permit. The following uses of land and structures may be permitted in this district by application for and the issuance of a conditional use permit as provided for in article VII of this chapter.

(1)

Amusement parks, fairgrounds, miniature golf courses.

(2)

Assisted living facilities.

(3)

Cultural facilities.

(4)

Health care facilities, in-patient.

(5)

Health care facilities, out-patient.

(6)

Long-term care facilities.

(7)

Medical and dental offices.

(8)

Office buildings.

(9)

Office parks.

(10)

Planned unit developments.

(11)

Trade and technical schools.

(Ord. No. 299 of 2011, § 316, 2-14-2011)