(A) Generally.
(1) The Summer Resort and Park Association District is intended to provide for summer resort and park associations established under Michigan Act No. 230 of 1897 ("Act 230"), as amended, which existed prior to September 21, 1902. This district is designed to maximize preservation of the existing environment. It is a doubly restrictive zone in that these types of developments are not only regulated by this chapter but also by Act 230 and the particular summer resort and park association’s articles and by-laws.
(a) The district regulations are intended to permit further development only after an in-depth environmental review and site plan review and approval process.
(b) However, the intent is to allow for reasonable use, reconstruction, accessory structures and additions to existing uses and structures with minimal administrative review by the city.
(c) Because of the unique nature of this type of ownership, definitions specific only to this district (SRP) are found in division (G) below.
(2) As of the date that this district was initiated in 2006, the entire district is located within a designated critical dunes area as well as a high risk erosion area as defined and regulated by the state of Michigan, Department of Environmental Quality ("DEQ"), under Public Act 451 of 1994, as amended, Parts 323, Shorelands Protection and Management and 353, Sand Dune Protection and Management. Permits from the DEQ are likely required for any activity that might disturb the delicate dunes and shorelands environments.
(B) Permitted uses:
(1) Dwelling, single-family detached: existing, according to the city assessor's records, as of December 31, 2005, together with existing or new accessory buildings within the same share area, subject to § 154.027(A), (D), (E), (F) and (G) below; and
(2) Essential public services.
(1) Summer Resort and Park Associations, subject to § 154.092(I).
(a) New summer resort and park associations.
(b) Expansion of an existing summer resort and park association, established under Michigan Public Act 230 of 1897, or any of the related Michigan public acts.
(c) New dwelling, single-family detached: on a "share area" within an existing summer resort and park association, that was vacant, according to the city assessor's records, as of December 31, 2005.
(2) Conversion of an existing summer resort & park association to any other type of ownership, subject to either the platting or condominium requirements of this chapter, and/or the state’s Land Division Act.
(3) Religious facilities, including Sunday schools, subject to § 154.092(I).
(4) Swimming pools, tennis courts or other recreational facilities oriented to the membership of a summer resort and park association and subject to § 154.092(I).
(5) Rented accessory dwelling units in accordance with
§
154.092(J).
(D) Dimension and area regulations. Recognizing that shareholders in a summer resort and park association do not own "lots" but rather "shares" of the association which correspond to the right to occupy a designated portion of the association's property, the following regulations shall apply:
(1) Street front setback, 25 feet (from the centerline of an existing road/street);
(2) Minimum distance between structures, ten feet;
(3) Water body setback, structures that exceed 676 square feet in area must be located landward of the 50-year high-risk erosion setback line. All other structures must be located at least 40 feet landward from the edge of perennial vegetation (as defined in the CRC district);
(4) Outer boundary setback: 25 feet from the outer boundary of the summer resort and park association boundary or any common area or dedicated park, beach or similar area within the summer resort and park association;
(5) Maximum building height, as required in § 154.022(D); and
(6) Maximum share area coverage*: 25% of the calculated share area, (see definitions: shares; share area coverage). * Maximum share area coverage in this district may be increased to a maximum of 35% for share areas with areas calculated to be below the average share area as platted, provided all other dimension and area regulations shall be met. The following formula shall be used in calculating the allowable share area coverage and shall be rounded to the nearest whole percentage: Average platted lot for all occupied share areas divided by the individual platted lot area multiplied by 25%.
(E) Special requirements. Any approved construction, uses and activities shall conform to the most restrictive requirements of:
(1) State environmental review. Pursuant to the city’s land use plan and the intent of the Peninsula Area Plan, all structures and additions shall conform not only to the regulations of this ordinance, but also to those of Public Act 451 of 1994, Parts 323 and 353 as amended;
(2) Fire safety review. Additions to existing structures shall provide for adequate fire and emergency access as determined by the city’s Fire Chief. A formal review and approval by the Fire Chief, in writing, is required for all additions or alterations within ten feet of any unit (platted lot) line or existing structure; and
(3) Design Review Committee. All building and/or zoning permits shall be reviewed and approved by the particular summer resort and park association’s design review committee (or its equivalent). The summer resort and park association shall be the applicant for all permits and all applications shall have the signatures of the design review committee of the summer resort and park association.
(F) Procedure. Because of the unusual statutory nature of a summer resort and park association, the fact that the association is the owner of record of all of the properties within such an association, and due to past practice, any proposal shall:
(1) Be submitted only by the association’s design review committee and be compared to this Zoning Ordinance;
(2) Be submitted to the DEQ. Once approvals have been obtained from the DEQ, the summer resort and park association involved (as the applicant) shall; and
(3) File all zoning and building permit applications with the City Zoning Administrator for final approval. If a site plan submitted to any of the reviewing bodies differs from that approved by another reviewing body, any permit issued in reliance on that submittal shall be null and void.
(G) SRP District definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SHARE(S) and SHARE AREA. A summer resort and park association member's (owner's) "share(s)" or "share area" shall be considered to be similar, for calculations of maximum building size, to a standard subdivision "lot". The recorded summer resort and park association plat shall be used to calculate the share area that corresponds to a member’s share(s) area. The share areas shall be the areas of the platted lots as shown on the recorded plat.
SHARE AREA COVERAGE. The area of a share, stated in terms of percentage, which is covered by all buildings and structures as defined in LOT COVERAGE (see also definitions for: PATIO, and DECK). For the purpose of using these two definitions together in this chapter, the word SHARE shall be equivalent to the word LOT.
(H) If the applicable regulations of act 230 are ever invalidated. Public Act 230 gives a properly-established summer resort and park association quasi-municipal powers, which are in addition to, but do not displace, the police powers and ordinance powers of the city. Should Michigan Public Act 230 of 1897, as amended, or should this chapter of this ordinance ever be declared to be unconstitutional or invalid by a court of competent jurisdiction or appellate court and the court decision is binding within Allegan County, then all of the restrictions and requirements of the Conservation, Recreation and Camp (CRC) zoning district pursuant to this Ordinance shall apply and any summer resort and park association in existence at that time shall for the purposes of this chapter be considered to be a planned unit development special use as regulated in § 154.174(G).
(Ord. 070108-1, passed 1-8-2007; Am. Ord. 100726-1, passed 7-26-2010; Am. Ord. 140714-1, passed 7-14-2014)