Preface

This Ordinance shall be known as the Clark Township Boathouse Ordinance and amends the Township Zoning Ordinance to include these provisions.  It replaces Ordinance No. 47, dated July 24, 1979.

The purpose of this ordinance is to expand and further define the use, construction and location of non-commercial boathouses within Clark Township and to require a Special Land Use Permit regarding new boathouse construction over 600 square feet.  Permits are required from Clark Township, the Michigan Department of Environmental Quality (DEQ), and the U.S. Army Corps of Engineers (COE).  It is recommended to start by applying to Clark Township for a Special Land Use Permit.

A. Provisions

1.  Any individual wishing to build a boathouse over 600 square feet in size must apply for a Special Land Use Permit through Clark Township.  Applications must come before the Clark Township Planning Commission for consideration of the Special Land Use Permit request, as required by Sec. 16b, Township Rural Zoning Act, P.A. 184 of 1943  (as amended).

2.  The Planning Commission shall take into account the following factors and criteria in approving, denying or approving with stipulations/restrictions a special land use pursuant to this ordinance:

     a.)  The Planning Commission shall take into account the unique nature of the shoreline to be impacted and shall consider the affect of the structure and shoreline impact upon the use, enjoyment and value of the immediately adjacent properties.

     b.)  No habitation of a boathouse structure is permitted except by application for and granting of, a Special Use Permit specifically allowing habitation of a boathouse structure.  Prior approval by Michigan Department of Environment Quality, the Army Corp. of Engineers, and the Mackinac County Health Department are required before said permit may be issued.

     c.)  A boathouse shall not interfere unreasonable with the navigable waters of Lake Huron.

     d.)  All boathouses shall be located as close to land as feasible.

     e.)  The following boathouse specifications shall pertain to all boathouse construction, location and use in zones allowing the same:

          1.)  Size:  For either an open-sided or enclosed boathouse the size allowed will be dependent upon elevation of property, contour of land, neighboring properties, distance from shoreline and water frontage.

          2.)  Height:  The height of a boathouse shall be measured from the ordinary high water mark to the roof peak.  (According to International Great Lakes Data, the ordinary high water mark is 581.5 feet above sea level, as established in 1985 by the U.S.C.O.E.).

          3.)  Setbacks:  The minimum setback requirements shall be as specified above, from each side of the property line and determined by running an imaginary line lake ward perpendicular to the shore line from the lake shore corner of the property boundary nearest the proposed dock/boat house site.

     f.)  No boathouse shall unreasonably hinder or impede the view of the lake or boat traffic from the shoreline of neighboring properties.

     g.)  A building permit must be obtained.  The Clark Township Building Inspector shall approve the structural integrity of the boathouse.

     h.)  A boathouse shall be maintained and kept in good repair.

In the event of the denial of the Special Land Use permit, the individual may refer to Article V and VI of the Clark Township Zoning Ordinance.

B. Permit Process

Applicants for a permit for boathouse location, construction and use must apply to the Township Zoning administration on forms supplied by the Township, which shall contain the following information in addition to the information for a regular building permit:

     1.)  Permits granted to applicant by Michigan Department of Environmental Quality and United State Corps of Engineers.

     2.)  An accurate sketch including architecture and construction lay out of the proposed structure in relation to the shoreline and upland structures and neighboring landowner lot boundaries.

C. Violation

Any person, firm, entity or corporation who violates this ordinance shall be subject to penalties as set forth in Section 503 of Clark Township Zoning Ordinance as amended and the enforcement provisions as set forth in Article V of said Zoning Ordinance.  If the boathouse is in violation, if this ordinance is not complied with, or if a permit is issues and then no followed, the boathouse shall be removed at the owner's expense.

     1.)  This Ordinance shall replace any part or portion of any previously enacted boathouse ordinance.

     2.)  Any currently existing boathouse that is being remodeled must comply with the requirement of this Boathouse Ordinance if the size of the remodeling will be larger than the existing structure.




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