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City Moves To Regulate Wind Turbines, Lewd Businesses

Wind turbines and lewd businesses do not belong on Mackinac Island, say city officials who have adopted ordinances to regulate them. The wind turbine ordinance, introduced by the city council Wednesday, January 27, and adopted at the council’s Wednesday, February 10, meeting, will take immediate effect, but the lewd business ordinance will required a public hearing before it becomes law. It was mistakenly adopted by the city council February 10, but that action will have to be rescinded and a public hearing held, the city’s attorney said Thursday, February 11.

The wind turbine ordinance will ban the electricity generators outright, and, while the city doesn't believe any are currently on the Island, any that are here will have to be removed.

The Mackinac Island State Park Commission banned the energy-generating devices in September.

The city ordinance is designed to protect the historic appearance and natural beauty of the Island, which is important to its economy, and to avoid frightening horses, said city attorney Tom Evashevski, who drafted it.

"The noise and moving shadows caused by the rotation of turbine blades are deemed to create an unreasonable risk of frightening horses, which are a significant component of life on Mackinac Island," states the ordinance.

Written as a stand-alone regulation, it will not be incorporated into the city's zoning ordinance. Most communities include such a regulation in their zoning ordinance, said Mr. Evashevski, but he prefers it to stand by itself. If it were added to the zoning ordinance, any wind turbines that already may be on the Island would be grandfathered, and more steps would be required, which would delay the adoption. As a stand-alone ordinance, grandfathering does not have to be permitted.

The ordinance that will regulate lewd businesses is titled the Sexually Oriented Business ordinance and, under it, such businesses will be permitted only in a district zoned for commercial use and can’t be within 500 feet of a residential district, a building used as a residence, a church, school, governmental building, or any other "sexuallyoriented" business.

While the city cannot ban such businesses outright, the restrictions of the ordinance leaves little, if any, room to operate one.

Sexually-oriented businesses are defined by the ordinance as "adult bookstore or adult video store," an "adult cabaret," an "adult motion picture theater," a "sexual device shop," or a "sexual encounter center."

The ordinance will become part of the city's zoning ordinance. Once the city council repairs its February 10 action at its next meeting February 24, the ordinance will be sent to the Planning Commission, which will hold a public hearing before making a recommendation to the city council to adopt or revise it.

In January, the Ordinance Committee had asked Mr. Evashevski to draft a measure to prohibit cycle-powered taxis, commonly called pedicabs. The taxis, which mostly have three or four wheels, can transport up to eight people. At the January 27 meeting, Mr. Evashevski said such vehicles already are prohibited under existing ordinances.

Bicycles can have one only rider on Mackinac Island, he said, although tandem bicycles and an infant carrier seat would be exceptions. Tricycles are also allowed, but must carry only one rider.

A pedicab could not be licensed on Mackinac, Mr. Evashevski said, "because it would allow more than one rider and it's not a tandem bicycle."

As the country becomes more energy conscious, however, cycle manufacturers are producing a wide range of special vehicles to challenge Mackinac's bicycle environment. Pedicab companies now also sell pedal pick-up trucks, delivery carts, and pedal billboards that light up.