Non-conforming Building Ordinance May See Changes
Clark Township
By Amy Polk

Under current zoning, property owners in Clark Township can rebuild a non-conforming structure that is destroyed by natural causes, "acts of God," or "the public enemy."

Non-conforming can mean garages and homes built too close to property lines, oversized barns, or cottages too close to the water - most of which were built before zoning was adopted for Clark Township in 1975. Since then, buildings have been subject to setback requirements from property lines and the high water mark on the shore, as well as size limitations intended to keep garages in residential neighborhoods from looking like commercial storage buildings.

Planning commissioners are now considering whether to change the ordinance to limit nonconforming building improvements to construction that does not exceed 60% of the cost to rebuild the structure. If adopted, the change would prevent property owners from completely rebuilding a non-conforming structure in the same place if it burns down, for example. Current zoning now allows total rebuilds on the footprint of the pre-existing structure. If the new regulations are adopted, the structure could be rebuilt only if it conforms with Clark Township zoning or is moved somewhere on the lot that makes it conforming.

The Planning Commission considered this, among other proposed changes to the zoning ordinance, at the Tuesday, November 6, master plan and zoning ordinance workshop. Community Planner Brad Kaye presented commissioners with an early peek at proposed changes to the ordinance, including the one for non-conforming uses, zoning administration and enforcement, a new condominium ordinance, site plan review procedure, and regulations for the planning commission and zoning board of appeals. The early ordinance amendments he presented are based on input from planning commissioners and his experience with commonly used zoning regulations. He invited commissioners to make suggestions and change wording of the proposed documents. The public will be able to see and comment on the final ordinance and any changes.

At the Tuesday meeting, commissioners and the audience debated whether more restrictive regulations for non-conforming structures are ideal for Clark Township. Communities are typically trying to stop non-conforming construction, Mr. Kaye said, "so that's the direction we headed in when we wrote this ordinance in such a way."

Commissioner Dave Dunning supported such a policy, noting that it would help eliminate nonconforming buildings in Clark Township. Commissioner Mike Miller thought the policy is too rigid because it lacks opportunity for reconstruction.

"There's got to be some flexibility," Mr. Miller said.

There are two types of non-conformity, Mr. Kaye said. The first is when a land use is not allowed in a particular district or zone, and the second is when the use is allowed but the structure does not conform to zoning regulations. Noting the disagreement among commissioners and the public, he suggested resuming discussion at a later time. One commissioner suggested increasing the allowable amount of construction to 90% of the cost to completely rebuild.

Another debated item was a suggestion to encourage landowners to upgrade faulty septic and water systems in the master plan. Much of Clark Township is covered by poorly draining soils, which have contributed to septic system failure throughout the township. In fact, many septic systems do not last beyond 20 years said Nick Derusha of the Luce- Mackinac-Alger-Schoolcraft Health Department.

"When we design them, the reality is that they have about a 20- year life span," Mr. Derusha said. "We now designate a replacement area on the property."

Surface water, failed septic systems, and other sources like rainwater or the lake itself, leak bacteria into the water table, and bacteria has contaminated at least one underground aquifer from which local residents drew water. Cracks in the limestone bedrock prevalent throughout Clark Township compound the problem. The minimum well depth in Clark Township is 100 feet of grouted casing to avoid the contaminated aquifer, according to the health department. On islands, however, the minimum depth in some cases can be as little as 60 feet.

Some communities require sellers to report well and septic system conditions upon the sale of a home, or require repair in the interest of public health. Mr. Kaye said he will speak to the health department

about local water and septic conditions and take recommendations

concerning this.

"We don't have enough information right now to decide on this," he said.

The new master plan will contain recommendations to divert treated wastewater effluent from Cedarville Bay to another place. Commissioners and the audience all support finding a way to divert the twice-a-year effluent discharge to reduce the amount of phosphorus dumped in the bay. Public outcry over excessive weed growth and overgrown algae in Clark Township's most populated bay has attracted attention and resources from the Clark Township board, Les Cheneaux Watershed Council, and other agencies. An informal survey estimates roughly $250,000 in commerce has been lost because of low water levels and excessive weed growth, said Cedarville Bay resident Bob Dunn, who was seated in the audience.

Commissioners also reviewed a few of the remaining sections of the master plan, including statistics that show Clark Township's population has dropped for the first time since 1930. The United States Census Bureau estimates Clark Township's population declined 11%, from 2,200 in 2000 to 1,958 in 2006. Les Cheneaux Community Schools has lost 100 students over the past 10 years, dropping enrollment to 331 students at the school's last count.

"It's important we keep in mind you are facing a downward trend, which can factor into the policy making of the township," Mr. Kaye said, questioning if commissioners know why the population has shrunk.

Commissioners attributed the loss of people to fewer jobs that pay a living wage and families with fewer children.

Mr. Kaye reported the township's median age estimate is 44.6 years. Mackinac County's median age is 42.8, and the state's median age is 35.5. Nearly 20% of Clark Township's population is 65 years and older, compared to 12.4% of the state's population.

New home construction seems to be keeping pace with the average 22 housing units a year recorded between 1990 and 2000. Building and Zoning Officer Frank Sims estimates 15 to 20 new homes a year are built in Clark Township. Nearly half those units were classified as seasonal.