The waterfront of the City of Marine City is a limited community resource; therefore, it is the intent of the Waterfront Recreation and Marina District, aside from residential use, to allow only those recreational, public and business uses which are related to the waterfront and which, therefore, cannot feasibly be located elsewhere. Such districts are intended to encourage safe and efficient development of waterfront areas and facilitate navigation.

(Prior Code, App., § 800) (Ord. 98-3, passed 3-19-1998)

   (A)   Public or private facilities for the berthing, launching, handling or servicing of recreational boats, except as otherwise provided in this subchapter;

   (B)   Public beaches and recreation areas directly related to the waterfront;

   (C)   Retail businesses which supply products primarily and directly for persons using the facilities of the district, such as sale of boats, equipment and accessories, fishing equipment and bait and other similar items;

   (D)   Indoor storage of boats in a permanent structure;

   (E)   Accessory uses and buildings as follows:

      (1)   Private launching ramps;

      (2)   Outdoor storage of recreational boats on the paved off-street parking surface required herein. No parking lot shall be occupied by stored boats during the months of June, July and August. All such storage shall be arranged in an orderly manner and at least 1/2 of the parking area shall be conveniently available for customer parking by May 15;

      (3)   Other approved accessory uses and buildings when located on the same lot as a principal use, provided that such accessory use or building shall be clearly incidental to the permitted use; and

      (4)   Temporary buildings and uses for construction purposes for a period not to exceed 1 year.

(Prior Code, App., § 801) (Ord. 98-3, passed 3-19-1998)

   The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the Planning Commission.

   (A)   Boat fuel stations;

   (B)   Clubs, lounges or restaurants;

   (C)   Engine and hull repair shops;

   (D)   Marine construction and maintenance equipment use and storage;

   (E)   Municipal or private facilities for the berthing, launching, handling or servicing of commercial boats;

   (F)   Any use permitted in any residential district, which is part of a planned development, provided that such use shall comply with all of the zoning regulations of the highest residential district in which it is first allowed;

   (G)   Hotels or other such facilities to provide temporary home-port accommodations; and

   (H)   Stack storage.

   (I)   Campgrounds, travel trailer parks and tent sites, subject to the following:

      (1)   Minimum parcel size shall be 2 acres. The parcel shall provide vehicular access to a public road.

      (2)   One off-street parking space shall be provided for each camping site.

      (3)   Camping sites shall be located no closer to a property line than the minimum yard setback distance. Within a side yard, a lesser distance may be approved by the Planning Commission where a 6-foot masonry wall is constructed along the property line.

      (4)   The purpose of the campground or travel trailer park shall be to provide temporary recreational sites and opportunities and not intermediate or long term housing. Occupancy within the park shall be limited to between April 1 and December 1.

      (5)   Trailers shall be removed from camping sites between December 1 and April 1 but may be stored on-site within a storage area designated as such on the site plan.

      (6)   No retail sales shall be permitted to operate on the parcel, except that a convenience goods shopping building may be provided on a parcel containing more than 80 sites. Convenience goods sold shall be primarily for the benefit of the campground users and not the general public, unless allowed by the special conditional use permit.

      (7)   All sanitary facilities shall be designed and constructed in strict conformance to all applicable St. Clair County health regulations.

      (8)   All campgrounds shall be licensed by the State of Michigan and shall comply with all applicable state and county rules and regulations, including Part 125 of the Public Health Code (PA 368 of 1978).

(Prior Code, App., § 802) (Ord. 98-3, passed 3-19-1998; Am. Ord. 11-07, passed 10-6-2011)

   See § 160.195 limiting the height and bulk of buildings, and minimum size of lot by permitted land use.

(Prior Code, App., § 803) (Ord. 98-3, passed 3-19-1998)

   (A)   All open areas, setback and all other portions of the site not used for approved boat storage, parking, driveways, buildings and launching shall be provided with landscaping, approved by the Planning Commission, and so maintained in attractive condition.

   (B)   Lighting of the site shall be as approved by the Planning Commission in accordance herewith and as specified for each district, and shall not include floodlighting, building-mounted or otherwise (except as may be permitted by the Commission on a finding that such lighting produces no adverse effects to neighboring properties and rights-of-way).

   (C)   All dredging, construction, bulkheading or development shall be subject to the requirements of codes and ordinances of City of Marine City; St. Clair County, and applicable state and federal laws and rules.

   (D)   The addition or alteration of slips, boathouses, moorings on the shoreline shall require site plan review.

   (E)   Slip dimensions shall be in accordance with the following maximum requirements:

 

 

   (F)   Permitted outside storage of boats and equipment necessary and accessory to the principal use shall comply with the following conditions:

      (1)   All storage or parking shall be set back as specified in § 160.113 and be at least 25 feet from any adjacent residential district.

      (2)   Equipment storage areas shall be continuously maintained.

      (3)   Whenever a different material is to be stored than that agreed upon in the original request, a new approval shall be required from the Planning Commission.

      (4)   The Planning Commission shall also find, before granting this approval, it will not tend to further:

         (a)   Impair the adequate supply of light and air to the adjacent property;

         (b)   Increase in hazard from fire, flood and other dangers to the site or adjacent property;

         (c)   Diminish the market value of adjacent land and buildings;

         (d)   Increase the congestion on the public streets; and

         (e)   Otherwise impair the public health, safety, comfort and general welfare.

      (5)   The most appropriate method of screening the stored materials from view, such as solid masonry wall, landscaped earth berm and the like will be determined by the Planning Commission, as provided herein.

   (G)   Facilities shall be provided at the marina for disposal of refuse from boat holding tanks in a sanitary manner. Each marina shall provide suitable, safe and sanitary toilet refuse facilities within buildings designed for this purpose. No less than 1 toilet shall be provided for each 50 boat spaces or less within not more than 1,000 feet of walking distance of each boat space. Refuse and garbage containers shall be provided and kept in clean and sanitary condition for the use of boat owners within not more than 150 feet of walking distance of each boat space. All such facilities shall be subject to the approval of the St. Clair County Health Department.

   (H)   Public launchings permitted in any marina having a public launching ramp shall be limited as follows: The number of public launchings permitted shall be limited to the number of parking spaces available to the general public for the parking of vehicles and boat carriers in any such marina. The number of public launchings shall be limited in direct proportion to the available harbor spaces in any such marina as hereinafter required, whichever number of parking spaces or harbor spaces is the smaller. Parking spaces for vehicles with boat trailers shall not be less than 12 feet in width and 49 feet in length. Any such spaces shall be in addition to other required off-street parking.

   (I)   Any marina having a public launching ramp shall provide harbor space or spaces directly connected with such marina, capable of accommodating as many boats as there are parking spaces for vehicles and boat carriers on the lands of such marina. The foregoing requirements as to harbor space are to assure protection to boats launched at such public ramp from the turbulent waters caused by storms or high winds. Before any use shall be made of the public launching ramp, an application shall be filed with the Zoning Administrator to determine if all the provisions of this section have been complied with. Based upon the Zoning Administrator’s findings, special approval may be granted or denied by the Planning Commission.

   (J)   Signs and off-street parking improvements shall be provided in accordance with this code of ordinances.

   (K)   There shall be no year-round occupancy of any moored watercraft in any marina, and the uses permitted under this subchapter do not contemplate any use of a moored watercraft as a residence or dwelling. Overnight occupancy of any moored watercraft is prohibited at all times during the off-season (beginning November 1 and ending March 31). All marina operators shall maintain a log book documenting all overnight stays, which shall be available and open to inspection by the city. Any occupancy of a moored watercraft for a cumulative total of more than 30 days during the boating season (beginning April 1 and ending October 31) shall be deemed to be in violation of this restriction and shall subject the watercraft owner and the occupant of the moored watercraft to the penalties as provided herein, except as provided as follows:

      (1)   For reasons of extreme hardship, such as mechanical failure or damage to the watercraft or for other meritorious reasons, a watercraft owner may make written application to the City Manager for an extension of time in which to comply with the above restriction.

      (2)   The application shall be made only by the individual watercraft owner, on his or her own behalf, and shall state the reasons which would require an extension of time beyond the period limited herein. The application shall be accompanied by a permit fee payable to the City Clerk, in accordance with the following schedule:

         (a)   For the first 30-days’ extension: $50 permit fee.

         (b)   For the second 30-days’ extension: $100 permit fee.

         (c)   For the third 30-days’ extension: $150 permit fee.

         (d)   No fourth extension is authorized without specific approval of the City Commission.

      (3)   The City Manager is hereby granted discretion to grant or deny said application for good cause shown, but shall not extend the waiver beyond 90 days additional, but shall refer any such further application to the City Commission for a determination.

(Prior Code, App., § 804) (Ord. 98-3, passed 3-19-1998)