The Mackinaw City Planning Commission discussed requiring grandfathered, non-conforming items such as dumpsters, signs, and lighting to be brought up to code at the commission's meeting Thursday, January 14. Commissioners said non-conformities detract from the appearance of Mackinaw City . The commissioners also returned to the discussion of summer boat line parking, wrestling with the issue of enabling boat lines to use overflow parking while using green space to improve the town's appearance.

Non-conformities are items that do not meet specific ordinances, such as a sign that is too tall or a dumpster that is not screened from view . Planning commissioners turned their attention to legal nonconformities, which were grandfathered in when an ordinance was created.

The purpose of the discussion was to determine if commissioners are interested in drafting specific ordinances to supersede the grandfather clauses in some of the codes.

"When you let infractions go for a long period of time, I think it doesn't support those who strive to do their best," Commission Chair Rob Most said.

Mr. Most stressed the intention of the discussion is not to harm residents or businesses in any way, but "to eliminate non-conformities without placing unreasonable demands on businesses or residences."

"We don't go looking for violations under the 65 to 70 ordinances we have," Village Manager Jeff Lawson said. If a non-conformity or violation is brought to its attention, however, the village does pursue it. Commissioner Bo Whipkey agreed, saying he had been on both sides of the matter and could vouch for the village's pursuit of the matter.

Typically, the village follows a three-strikes rule concerning nonconformities, Mr. Lawson said. Written warning are issued to violators before any action is taken.

Commissioners agree they should look into drafting additional dumpster, signage, and lighting ordinances to address grandfathered non-conformities. Before they proceed, Mr. Most said, he will attend the next village council meeting Thursday, January 21, and ask for the council's permission to continue. It would be pointless to draft entire ordinances only to discover the council is not receptive to the idea, he explained.

Boat Line Parking Revisited

Commissioners continued to discuss the matter of overflow parking for boat lines. In June 2009, they received a request from Shepler's Mackinac Island Ferry to use its off-site lot for overflow parking for 45 days during the months of July and August. Originally, boat lines would have to pave their lots in order to use them for parking space. In previous meetings, the commissioners decided they would amend several sections in the zoning ordinance addressing parking overflow for all boat lines, as well as create a special use provision.

Commissioners decided they would expand the originally-drafted time of 45 days to the middle of June through September, Memorial and Labor Day weekend, and two other weekends during the spring or fall the boat line could apply for. Mr. Most said he likes the idea of giving boat lines the freedom of choosing two additional weekends, as it would give businesses a chance to plan ahead and keep the village abreast of what the businesses is doing.

Commissioners are also concerned with how a lot would be maintained if it is not paved. They decided they wanted parking areas to be landscaped using islands or trees, or at least using gravel. Save for gravel, landscaping would add more green space to the village and improve its appearance. It would also provide an option for businesses instead of paving using costly asphalt.

"We want to clean up the town, but we don't want to hurt the business," Mr. Most said.

Mr. Lawson suggested commissioners decide if they want to add a renewal provision to the ordinance. Commissioners concluded that allowing boat lines to renew after three years would give them more flexibility on how to use the lot. If they were forced to pave the lot after three years, it would stymie any development of the lot in the future.

According to the drafted amendments, landscaped areas inside the parking lot would have to be protected through "curbing material" that would be approved by the zoning administrator. Commissioners said the language gives boat lines the chance to decide on what material they want, which could save them money. The commission also pondered on how the outsides of the parking lot would be protected. Buffers like berms and shrubs could be used to surround the lot, they discussed, with areas nearest roads more thickly landscaped for safety.

No further actions were made during the meeting. The changes to the draft will be reviewed by the village attorney for his opinions.