Taken from the Transcript of January 5, 2026 – The Summary of the Zoning Code presented to the City Council Members – on the night they approved the New Code.
By Beckett & Raeder’s John Iacoangeli “The proposed zoning code is structured into 15 articles, beginning with intent and purpose and ending with supporting graphics”. At the first City Council Meeting on January 5th, John said…”I’ll briefly walk through each article.”
The one point we want to add to this summary is that an important point added to his summary of Article 8 is that the opinions of any rulings made by the Administrative Review Committee (ARC) must be unanimous; otherwise, the issue would go to the full planning committee.”
“Article 1 – Title and Purpose
This article is based on state statute and outlines the purpose of the zoning code, its jurisdictional area—the City of Harbor Springs—and its relationship to the Master Plan. One of the fundamental requirements of zoning is that it be grounded in the community’s Master Plan and existing conditions.
Article 2 – Zoning Districts and Map
Article 2 covers zoning districts and the zoning map. One difference between the proposed code and the existing code is that the intent and purpose of all 14 zoning districts are consolidated into a single chapter. This allows users to clearly understand distinctions between residential, commercial, industrial, and community districts without navigating multiple chapters.
The zoning map itself is not included within the ordinance text. If adopted, the official zoning map will reside with the City Clerk. This approach avoids the need to amend the zoning ordinance every time a parcel is rezoned. Instead, rezoning occurs through public hearing, and the updated map is filed with the Clerk, who serves as the official custodian.
Article 3 – Regulated Uses and Dimensional Standards
Article 3 differs significantly from the existing code. Currently, each zoning district contains its own intent, permitted uses, special approval uses, and dimensional requirements. The existing structure relies on a “pyramid” approach, requiring users to flip between multiple chapters to determine allowable uses.
Under the proposed code, regulated uses are presented in a table. Users can locate a specific land use and see where it is permitted by right (P), allowed with special use approval (S), or subject to supplemental regulations, indicated by an asterisk (*).
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P = Permitted by right
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S = Special use, requiring Planning Commission approval and a public hearing
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* = Supplemental regulations apply (found in Article 7)
For example, a home occupation may be allowed as a special use but must also comply with additional standards in Article 7.
Important clarification:
There are no land uses in the regulated use table eligible for administrative review. If any were, they would be marked with a small “A.” All land use approvals must occur at the Planning Commission level.
Article 3 also includes dimensional standards in tabular form, allowing property owners to quickly reference setbacks, lot coverage, accessory structures, and other requirements on a single page per district.
Article 4 – Overlay Districts
There are four overlay districts:
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Floodplain Overlay – Applies to FEMA-designated floodplains along the waterfront and tributaries.
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Downtown Overlay – Adds design standards to maintain downtown character and scale.
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Restricted Bluff Overlay – Carried forward from the existing ordinance.
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Shoreline Protection Strip – Prohibits activities such as pesticide and fertilizer use within 35 feet of the shoreline.
Article 5 – General Provisions
These regulations apply citywide and are not tied to any zoning district. They include grading standards, essential services (gas, water, sewer, fiber optics), and voting district locations.
A new provision addresses storage containers, which are increasingly used as outdoor storage in other communities and are not permitted citywide under this code.
Article 6 – Site Development Standards
This article includes all standards applicable to site plan review, including:
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Parking requirements (in tables)
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Loading zones
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Access management
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Bicycle parking
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Landscaping
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Exterior lighting (dark-sky compliant)
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Stormwater management
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Rooftop drainage
Article 7 – Supplemental Regulations
Article 7 provides additional requirements for specific uses identified with an asterisk in Article 3, such as home occupations. These provisions outline conditions property owners must meet to comply.
Article 8 – Site Plan Review
Authorized by state statute, this article outlines:
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When site plan review is required
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16 approval standards
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Over 30 submission requirements
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Review procedures, including:
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Pre-application conference
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Conceptual review
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Completeness and technical review
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Administrative Review Committee (ARC)
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Planning Commission review
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The Administrative Review Committee is expanded under the proposed code and includes:
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City Manager
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City Attorney
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Planning Commission Chair
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Second Planning Commission member
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Zoning Administrator
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Planning consultant
The ARC reviews minor site plan revisions and shoreline protection matters. It does not review land uses.
Site plan approvals include expiration, revocation, and amendment procedures:
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Minor amendments (e.g., shifting a driveway due to an uncovered utility) may be approved administratively.
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Major amendments must return to the Planning Commission.
Article 9 – Special Land Uses
This article details application requirements, public hearing procedures, review standards, and expiration or reapplication rules, all based on state statute.
Article 10 – Land Development Options
This includes:
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Planned Unit Developments (PUDs)
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Condominium developments
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Mobile home developments
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Open space preservation
PUDs are allowed only in specific districts (RA, RM, ROS, CBD, B-1, B-2) and not in residential districts or along the waterfront.
Requirements include:
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Five mandatory qualifying standards
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Five of seven additional objectives
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A total of 10–12 criteria
There is no minimum acreage requirement under state statute. A 10-acre minimum was suggested by Lynee Wells (consultant for We Love Harbor Springs), but analysis of county equalization records shows only one privately owned parcel exceeding 10 acres, located in the RA district. Much of the recorded acreage may include rights-of-way.
Imposing a 10-acre minimum would effectively eliminate PUD opportunities in Harbor Springs and limit creative infill development.
PUDs require:
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A Planning Commission public hearing and recommendation
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A City Council public hearing and final approval
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A recorded development agreement with the county Register of Deeds
Article 11 – Zoning Board of Appeals (ZBA)
This article addresses membership, procedures, and appeal types, including:
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Administrative appeals
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Interpretations
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Dimensional variances
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Use variances (as allowed by state statute)
Article 12 – Administration and Enforcement
Defines the role of the Zoning Administrator, application fees, performance guarantees, zoning permits, violations, and penalties.
Article 13 – Amendments
Covers the process for amending the zoning code, conditional rezonings, and severability.
Article 14 – Definitions
Provides definitions from A to Z.
Article 15 – Supporting Graphics
Includes diagrams illustrating setbacks, building height, and other dimensional concepts.
All 15 articles together make up the proposed zoning code.”