NOTICE: Boyne City Zoning Ordinance

AN ORDINANCE TO AMEND THE CITY OF BOYNE CITY ZONING ORDINANCE
THE CITY OF BOYNE CITY HEREBY ORDAINS:
1. AMENDMENT OF ARTICLE I
The following definitions in Section 1.4 shall read as follows:
Dwelling, Manufactured Home: A building or portion of a building designed for long-term residential use and characterized by all of the following:
1. The structure is produced in a factory and is in compliance with all applicable codes to be classified and used as a dwelling;
2. The structure is designed to be transported to the site in a nearly complete form, where it is placed on a foundation and connected to utilities;
3. The structure is designed to be used as either an independent building or as a module to be combined with other elements to form a complete building on the site.
A mobile home and modular home are considered manufactured homes.
Dwelling, Mobile Home: A structure, transportable in one (1) or more sections, which is built upon a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. Recreational vehicles as described and regulated herein shall not be considered “mobile homes” for the purposes of this Ordinance.
Dwelling, Modular Home: A dwelling which consists of prefabricated units transported to the site in two (2) or more sections on a removable undercarriage or flat-bed and assembled for permanent location upon a permanent foundation on the lot, and to which such major elements as the heating system or a substantial portion of the siding are installed after transport, and which shall not be considered a mobile home.
Manufactured Housing Development: A parcel or tract of land under the control of a person upon which three (3) or more manufactured homes are located on a continual non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a manufactured home, subject to conditions set forth in the Michigan Manufactured Housing Commission Rules and Michigan Public Act, 96 of 1987 as amended. Seasonal mobile home parks as defined by the Act are not Manufactured Housing Developments.
The definition Mobile Home (Manufactured Housing Unit) shall be deleted in its entirety.
2. AMENDMENT OF ARTICLE IV
Section 4.20 shall read as follows:
Section 4.20
Principal Permitted Uses.
No building or land shall be used and no building shall be erected except for one (1) or more of the following specified uses, unless otherwise provided in this Ordinance.
A. Single family detached dwellings.
B. Attached or detached accessory apartments, provided the site contains an owner occupied single family dwelling, limited to one (1) accessory apartment per site. Accessory apartments can be attached to either a single family dwelling or a detached garage. Detached accessory apartments shall have a minimum side yard and rear yard setback of ten (10) feet. Off-street parking shall be in accordance with D.1.a of this subsection.
C. Two-family dwellings.
D. Public, parochial and private schools including nursery schools; churches, temples, and similar places of worship with a maximum capacity of five-hundred (500) worshipers; libraries; and community buildings.
E. Municipal parks, playgrounds, and recreation centers.
F. Adult foster care family homes, provided, this subsection shall not apply to adult foster care facilities, licensed by a state agency, for the care and treatment of persons released from or assigned to adult correctional institutions.
G. Home occupations in which customers or patrons do not visit the site for the delivery of goods and/or services.
H. Family day care homes.
I. Accessory structures and uses customarily incidental to the above permitted uses.
J. The keeping of four (4) hens per parcel provided that:
1. No person shall keep any rooster
2. No person shall slaughter or dress chickens outdoors
3. Chickens shall be provided with a covered enclosure and/or a fenced enclosure in the rear yard.
4. All covered enclosures shall be kept a minimum of ten (10) feet from the rear and side lot line.
5. Covered enclosures shall be so constructed or repaired as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure.
6. All feed and other items associated with the keeping of chickens are to be stored as to not attract rodents.
7. Hens and their enclosures must be kept in a neat, clean and sanitary condition from offensive odors, excessive noise, or other condition that would constitute a nuisance. (amended: March 19, 2012)
Section 4.3 shall read as follows:
Section 4.30 Conditional Uses.
The following uses shall be considered conditional and shall require conditional use approval, and shall comply with any applicable conditional use requirements of Article XXV:
A. Multiple dwelling with a maximum of 4 units subject to the following:
1. Lot area must contain a minimum of 2,500 square feet per unit.
2. Units must be compatible with surrounding neighborhood character and architecture.
B. Private recreation areas, uses and facilities including, marinas, and swimming pools subject to the following:
1. No building shall be located within one-hundred (100) feet of a dwelling.
2. Facilities such as licensed restaurants and bars may be permitted when occupying an integral part of the main structure, provided there is no exterior display or advertising of said facilities.
3. Swimming pools, tennis courts, boat docks, and similar uses shall be located not less than thirty-five (35) feet from any property line.
C. Home occupations in which customers or patrons visit the site for the delivery of goods and/or services.
D. Public utility transformer stations, substations and gas regulator stations without service or storage yards shall comply with the requirements of this Ordinance and shall be subject to the following: a front yard setback of not less than fifty (50) feet shall be provided (irrespective of the yard requirement of the district in which it is located) and two (2) side yards and a rear yard shall be provided, each shall not be less than twenty-five (25) feet in width. The previously mentioned conditional uses shall be landscaped with a buffer of plant materials that effectively screens the view of the use from property used for residences, public walkways, and rights of-way. The standard buffer shall consist of a landscaped strip at least six feet (6) feet wide outside the perimeter of the compound. The buffer shall contain a variety of species of plants.
E. Funeral homes. (amended: October 24, 2007)
3. AMENDMENT OF ARTICLE VII
Section 7.10 shall read as follows:
Section 7.10 Purpose.
The purpose of this district is to provide sites for manufactured housing units at appropriate locations in relationship to the existing and potential development of the surroundings while establishing an attractive residential environment.
Section 7.20 shall read as follows:
Section 7.20 Principal Permitted Uses.
A. Manufactured housing development.
B. Accessory structures and uses customarily incidental to the above permitted uses.
Section 7.40 shall read as follows:
Section 7.40 Development Requirements.
The following requirements shall be met within a Manufactured Housing Park District (MHPD):
A. Preliminary development plan approval shall be required as set forth in Article XIX of this Ordinance. Following review of preliminary requirements and written notice of approval by the County Drain Commission, Road Commission, and the local health agency, the Planning Commission shall notify the developer of its action within sixty (60) days of filing a complete application. Review of a final development plan shall occur as set forth in the State of Michigan Public Acts of 1987, Act No. 96.
B. Off-street parking for manufactured homes as specified in Article XXIV of this Ordinance together with the following:
1. All manufactured home sites shall be provided with two (2) parking spaces.
2. If on-site vehicle parking is provided, it shall be in compliance with both of the following:
a. The parking spaces may be either in tandem or side-by-side. If in tandem, the width shall not be less than ten (10) feet and the combined length shall not be less than forty (40) feet. If side-by-side, the combined width of the two (2) parking spaces shall not be less than nineteen (19) feet and the length shall not be less than twenty (20) feet. In either method, the length shall be measured from the curb or inner walkway edge.
b. A parking space shall be hard-surfaced and shall be constructed in compliance with Act No. 8 of the Public Acts of 1973, being S 125.1361 of the Michigan Compiled Laws.
3. If off-site vehicle parking is provided, the parking spaces shall be adjacent to the manufactured home site and shall comply with the following:
a. Parking facilities shall be provided for the storage of manufactured homes if a sales office is part of the development operation.
b. Parking facilities shall be provided for the storage of maintenance vehicles.
c. Parking facilities shall be provided at the office location for office visitors.
d. A minimum of one (1) parking space for every (3) manufactured home sites shall be provided for visitor parking located convenient to the area served.
e. If off-site parking facilities are provided in bays and at office or other facilities, they shall be in compliance with R 408.30427 of the Michigan Administrative Code.
f. If not provided for on-site or in parking bays, a separate parking area may be provided for vehicles that cannot be accommodated within the standards set forth in these rules, and for recreational vehicles, such as motor homes, travel trailers, and snowmobiles.
C. Signs for all uses as specified in the Boyne City Sign Ordinance.
D. In a manufactured home development, the following specific standards shall apply:
1. Lot Area and Density.
a. The tract to be developed shall contain a minimum of ten (10) acres.
b. The manufactured home development may have a maximum density of 10 units per acre.
2. Yard Requirements.
a. A manufactured home shall be in compliance with the following minimum distances:
1). Twenty (20) feet from any part or attached structure of another manufactured home which is used for living purposes.
2). Ten (10) feet from either an on-site parking space of an adjacent manufactured home site or an attached or detached structure or accessory which is not used for living purposes.
3). Fifty (50) feet from a permanent building.
4). One-hundred (100) feet from a sports field.
b. Any part or structure that belongs to a manufactured home shall be set back the following minimum distances:
1). Ten (10) feet from the edge of an internal road and seven (7) feet from a parking bay.
2). Seven (7) feet from a common pedestrian walkway.
3). Ten (10) feet from a natural or man-made lake, object, or waterway.
c. A manufactured home site length may vary depending on park design and layout and the manufactured home to be installed; however, the minimum standards pertaining to distance between manufactured homes shall be complied with.
d. Site dimensions may be computed to include the space requirements for manufactured homes which may contain expandable rooms, or in anticipation of the attachment of expansions such as add-a-rooms.
3. Setbacks from Property Boundary Lines.
a. Manufactured homes, permanent development buildings and facilities, and other structures shall not be located closer than ten (10) feet from the property boundary line of the development.
b. If manufactured homes, permanent development buildings and facilities, and other structures abut a public right-of-way, they shall not be located closer than twenty-five (25) feet from the park boundary line. This rule does not apply to internal roads if dedicated for public use, providing the roads do not present a nuisance or safety hazard to the development tenants.
4. Streets.
a. An internal road is subject to approval by the Michigan Department of Commerce and shall be in compliance with all of the following general requirements:
1). The road shall be hard-surfaced.
2). The road shall have access to a public thoroughfare by a permanent easement which shall be recorded prior to approval. Sole access by an alley is prohibited.
3). A dead-end road shall terminate with an adequate turning area. A blunt-end road is prohibited.
4). An adequate safe-sight distance shall be provided at intersections.
5). An offset at an intersection or an intersection of more than two (2) streets is prohibited.
6). All roads shall be clearly marked with appropriate traffic signs, subject to the provisions of Rule 701(2) as set forth by the Michigan Department of Commerce.
7). A road shall be named and so identified by street signs located at all road intersections.
8). A name for an internal road shall be approved by the municipality.
b. A road shall have a driving surface of not less than the following:
1). One way, with no parking – thirteen (13) feet.
2). Two way, with no parking – twenty-one (21) feet
c. At access points where general traffic enters or leaves the park, the width shall be sufficient to permit free movement from or to the stream of traffic on the public roads.
5. A manufactured home development that contains 50 or more home sites which are constructed according to a permit to construct issued under the act shall have not less than 2% of the development’s gross acreage dedicated to designated open space, but not less than 25,000 square feet.
6. A hard-surfaced walkway or patio connecting the dwelling with its off-street parking area shall be provided.
7. Each lot shall contain an area reserved for the placement of a living unit, the base construction (i.e., foundation, pads, ribbons, etc.) of which shall meet or exceed State specifications.
8. Each living unit shall be skirted, entirely enclosing the bottom, within thirty (30) days after its placement. In the event of inclement weather and upon demonstration of extenuating circumstances, an extension may be granted beyond thirty (30) days.
9. Each living unit lot shall be provided with anchors, tie downs or other devices as provided for under Rules 601-609 of the Michigan Department of Commerce Manufactured Home Commission General Rules.
10. Manufactured home development, when adjacent to a developed residential zoning district, shall be completely screened by fencing or natural growth along the entire property boundary line abutting the district. If planting material is used for the development of a natural edge, the recommendations of Article XXIII of this Ordinance shall be followed. These requirements may be waived when, in the Planning Commission’s opinion, the intent of this requirement has been satisfied.
4. AMENDMENT OF ARTICLE X
Section 10.20 (A) shall read as follows:
A. Apartment buildings, up to a maximum of eight (8) units per building.
Section 10.20 (M) shall read as follows:
M. Mixed-use buildings, with residential and all principle permitted uses as specified by this section subject to the following conditions: Residential units located on the first floor shall be located to the rear of the commercial uses, the units shall not have frontage on any adjacent street and shall be provided a separate, private pedestrian entranceway.
5. AMENDMENT OF ARTICLE XI
Section 11.20 (A) shall read as follows:
A. Apartment buildings, up to a maximum of eight (8) units per building.
Section 11.20 (H) shall read as follows:
H. Mixed-use buildings, with residential and all principle permitted uses as specified by this section subject to the following conditions: Residential units located on the first floor shall be located to the rear of the commercial uses, the units shall not have frontage on any adjacent street and shall be provided a separate, private pedestrian entranceway.
6. SEVERABILITY
If any section, clause, or provision of this Ordinance is declared unconstitutional or otherwise invalid by a court of competent jurisdiction, said declaration shall not affect the validity of the remainder of the Ordinance as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid.
7. EFFECTIVE DATE
First Reading: Tuesday, November 12, 2019
Second Reading: Tuesday, January 14, 2020
This Ordinance shall become effective fifteen (15) days after being published in a newspaper of general circulation within the City.

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