Frequently Asked Questions
Yes and No. The property in the Association is classified under the Zoning Ordinance as R-2 single family residential. Before an owner can build on a lot in the Association, he or she must obtain the approval of the Township Zoning Administrator. This means that generally an owner must comply with all the requirements of the Zoning Ordinance. However, because the Covenant is, in some respects more restrictive than is the Zoning Ordinance, as to any such areas the Covenant will control what an owner can do. In general, a good rule of thumb to apply is that the stricter of the two requirements will be the one that controls what an owner can do.
For example, the township ordinance requires a side lot set back of at least ten feet. The Covenant on the other hand permits side lot setbacks in some instances of as little as three feet. In this case, the ordinance will control. Similarly, the Covenant has restrictions on the type of outside finished applied to a building that are not included in the township ordinance. In this case, the Covenant will control. Further, the Association may make rules concerning use of land not covered by the township ordinance. In this case, the Association rules would control.
For copes of the Township ordinance, see question 13 below. Links to the ordinance and township zoning maps are included there.
The Board has prepared an Application for a PSJA Building Permit. That application is currently available for download at the association’s web site. If unable to print your own application contact Krys Lyle our Association clerk at either: psjaclerk@gmail.com or PO Box 298 Beaver Island MI 49782
A member simply obtains a copy of the application, fills it out and submits it to the Architectural Committee along with required supporting documentation. If the committee approves the plans, the Association will issue a building permit. That permit must be posted along with the proper Township Zoning Permit.
As a rule, the Board requests that members obtain the Township Zoning Permit before applying for the Association permit. Many of the same documents will be required for both and this method insures that the Association does not inadvertently give permission to a building that violates the township ordinance.
Please note the following answer is from the Association’s viewpoint. The Township Zoning Director may not permit land clearing before issuance of a Zoning Permit as it violates the technical provisions of the township zoning ordinance.
Technically a permit must be obtained before any work starts. However, over the years the practice has developed by owners of clearing a lot and putting in an access so that potential buyers can see how the lot will look when a cottage is built. The Association generally does not object to this practice with the following conditions. When cleared the lot must not be left in a condition that would pose a threat to any contiguous owner’s property. Moreover, all trees, brush, etc. must be removed from the lot at the time of clearing. Further, note that the lot must be graded smooth and if needed for stability planted in a ground cover.
Any work beyond simply clearing the lot requires a permit from the Association. Currently this policy is under review, and it is possible that the Association, in the future, will require a permit before a lot can be cleared.
The Township Zoning Administrator and the Board are both in accord that in case of differences between the Covenant’s provisions and those of the Zoning Ordinance, the document containing the most restrictive provision will control as to that provision. In interpreting the two documents, however, it is not always immediately obvious which one is the most restrictive. For example, The Covenant states that the minimum square footage for any residence built in the Association will be 400 square feet of living space exclusive of porches. The Zoning Ordinance, for areas zoned R-2, which is the classification for the property in the Association, requires that a residence contain at least 600 square feet of living space. Which is the more restrictive provision?
In the case above the Zoning Ordinance will control. While it could be said that a cottage of 400 square feet is smaller than one of 600 square feet, therefore the Covenant is more restrictive and controls, such is not the case. The 600 square foot requirement of the Zoning Ordinance places a greater burden of compliance upon the member who is building in both initial cost and eventual maintenance costs. Therefore, the Zoning Ordinance is, in this case, the more restrictive document and all cottages built in the Association must have at least 600 feet of living space exclusive of porches etc.
Within certain restrictions, you can build campfires. At the beach and in the Stable Campgrounds campfires are restricted to specific locations, marked by fire circles. On your own property you are free to build campfires as long as you have cleared and prepared a proper fire circle or are using a commercial outdoor fireplace. Fire circles and areas under outdoor fireplaces must be cleared of all combustible material and surrounded by either stone or a metal ring.
During periods of dry weather, the townships often declare a burn ban. Notice of a burn ban is posted prominently around the Island and the Association posts its own notices at the Stable Campground and the Pavilion. When a township burn ban is in effect, all campfires at any location within the Association are prohibited.
No, you cannot store equipment on your property. For example, a member cannot permanently store equipment such as tractors, backhoes, etc. on his or her property. This does not mean that a member cannot park a panel truck that he or she uses in business on his or her property at night.
This is an area that the Board is looking into as there seems to be a general increase in the number of boats and other pieces of equipment either on a members vacant property or on parcels with a home or cottage on the parcel.
In general in enforcing this provision of the Covenant the Board has, in the past, made determinations on the basis of whether the use of the property constitutes an unacceptable visual appearance either in general of to neighboring members. The Board will act on any complaints it receives from members. It is possible in the future the Board will have to implement more specific rules concerning exactly what may be stored on a members property. As always, the Board welcomes input from members on such questions.
Yes. There are as to the Association parks, facilities and common properties. In these areas, quiet hours begin at 10:00 p.m. each day and continuing until 8:00 a.m. the following day.
Currently, there are no rules in the Association, which establish general quiet hours for all members. In the past members have by-and-large been considerate of their neighbors and there has been no need for the board to act in this area. As noted above, however, member input is always welcome and the Board will respond to individual cases brought to its attention. Further, if the members wish, the Board will consider instituting quiet hours for the entire Association during the summer season.
No. They cannot. The Covenant specifically prohibits any camping on a member’s property. As stated in Article VII, Section 2: “No trailer, mobile home, or similar type structure, basement, tent, shack, garage, barn or other outbuilding shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character or any building in the process of construction, be used as a residence.”
This restriction is the main reason why the Association maintains the Stable Campground. The campground has both rustic and improved sites. Members who have guests they cannot accommodate in their homes, should arrange for guests to stay at the campground.
Members should contact Bob Pryor at 906.869.2414 to make reservations at the Stable Campground. He will make all necessary arrangements for you to stay at the campground. If a member needs to use the campground on short notice and Bob cannot be reached, board members Becca Foli or Beth Crosswhite, can help with arrangements.
Hunting is forbidden in the parks and common areas of the Association. Whether you allow hunting on your property is your decision. If, however, you wish to allow hunting by anyone other than yourself It can only be done by the giving of written permission as Michigan law forbids any hunting by any means within 450 feet of any dwelling without written permission of the property owners.
In making the decision whether or not to hunt of your property, you should do so only after acquainting yourself with all Michigan laws regarding hunting, and with a full understanding of the potential legal liability you may have in the event of a hunting mishap. Port St. James is a residential subdivision with many full time residents and hunting within its borders can pose serious risks to homeowners, dog walkers, and trail hikers. Members who hunt or wish to allow others to hunt are strongly advised to check the relevant Michigan laws to be sure they are in compliance with all regulations. Hunting laws and regulations are on the state DNR web site at: http://www.michigan.gov/dnr. Once there, click on the hunting and trapping tab.
Currently, the short answer to this question is that ORV’s may be driven on county roads within the Association but may not be used in any places within the Association off roads.
At the time of this answer, the State of Michigan has passed a law allowing use of ORV’s on some roads under certain circumstances. However, counties and townships have the ability to exempt certain roads from use by ORV’s. The appropriate local governmental units on Beaver Island have not yet finally made those decisions.
Regardless of whether the townships restrict use of ORV’s on county roads within the Association, the plain fact is that there is no land within the Association (aside from county roads) ORV's may use legally. All land in the Association is private property. There is no state land in the Association where, under the current law, use of an ORV off the road would be legal. Further, the Association has had a long-standing rule, noted on the signboard on Donegal Bay Road, that use of any vehicle off road is prohibited in the Association.
This rule was put in place because of the danger of damage to the dune and forest areas within the Association. Further, much of this land is, in fact, Critical Dune area encompass a large number of specific lots in the Association. Use of ORV’s in these Critical Dune areas is prohibited under state law.
Members should also note that the current discussion of ORV’s does not apply to snowmobiles. Different state laws govern use of these vehicles. Use of snowmobiles on the roads within the association is permitted and in fact may be necessary in the winter to permit members to access their properties.
Yes. You can. Many members have dogs that enjoy a good swim or romp on the beach. The only thing that the Board asks of members who do bring dogs to the beach is that they be considerate of other members who use the beach. This means that members must have on their person a means to pick up any dog waste their pet leaves, and they must clean up after their dogs.
This policy holds in the Association parks and common areas and on the roads as well. Our trails provide a wonderful opportunity for hiking with a dog. It is good exercise for members and dogs. Incidentally, if you walk your cat, the same policy applies. Please do pick up after your pet. This is a simple human courtesy that all members have a right to expect.
One note of caution, as of the time of this answer (June of 2009) there is evidence along the Font Lake Trail of its rather frequent use by coyotes. A good number of coyote scats are evident on or very near some sections the trail. If you are concerned about walking your dog in an area where it might meet coyotes, you may want to avoid taking Font Lake Trail until you have had a chance to walk it yourself and analyze the situation personally.
This is an interesting question. The Board believes that the speed limit in the Association is actually 25 m.p.h. This is because the Association is an R-2 zoned residential subdivision. Michigan law says that such subdivisions are limited in speed to 25 m.p.h. However, the county road authorities believe that this limit applies only to R-2 subdivisions with paved roads. After a number of years of argument back and forth, the Board met with the commission in 2008 and drove the roads. While the road commission did agree that a speed of 25 m.p.h. was appropriate and anything in excess 35 m.p.h. was unsafe, it felt powerless to post the speed as 25 m.p.h.
The current yellow warning signs noting a speed limit of 35 m.p.h. are the result of that meeting and represent a compromise. The commission agrees that 25 m.p.h. is a reasonable speed on the roads in the Association. Absent its perceived ability to implement such a speed, the commission agreed to post the speed as 35 m.p.h. using warning speed signs. These signs indicate that the maximum safe speed on these roads is 35 m.p.h.
If you see persons driving in excess of the posted safe speed, please notify the sheriff. Tickets can be given out for driving at a unsafe speed on the roads in the Association and the road commission has asked the sheriff to enforce the posted speed limits as the maximum safe speed.
The Board believes that the safe speed limit in the Association is 25. m.p.h. and asks all members to observe that speed limit. Remember we do have young children and adult members riding bicycles and walking along these roads. Further, members walk dogs on the roads. In the recent past, there has been one instance in which a driver killed a dog being walked. Please see that you do your best not to let any accidents happen. Certainly, no one wants an accident of this type to happen which involves children or adult riders or pedestrians. Keeping to 25 m.p.h. when you drive is a good way to avoid accidents.
Yes within certain limits. Michigan law provides that there is an easement to the high water mark for the public on any shoreline in the state. This means that a narrow strip of beach is available on all beaches for the public to walk. However, it is not permissible for people to gain access to the beach by crossing over private property.
Therefore, if you access the beach at some permitted point, you may theoretically walk around the entire island on the beach. However, as with all privileges, there are responsibilities that accompany the exercise of a right. The Board expects that all persons walking along the beach will confine themselves to the narrow permitted area and not leave trash of any kind behind. Obviously, vehicular access is not permitted, nor is any activity that would damage the beach in question. Further, if you do bring a dog along you must to clean up after it. Owners of beachfront property have a right to expect that the quiet enjoyment of their property will not be interrupted or otherwise impacted by people who walk on the beach.
Yes. The beach at Donegal Bay is owned by the Association and is available for member’s use of the. Please remove all trash before you leave. We have a large number of people who use the beach. Courtesy dictates that you leave it as you found it, or better yet, better than you found it. So, pick up your litter and any that others may have left and enjoy the beach. It is one of the glories of the island.
Please note that vehicles, either four or two wheeled, are not allowed on the beach
Yes. The trail system is one of the lesser-known benefits of the Association. They are very good for cutting walking distances between portions of the Association and they offer a wonderful opportunity to observe native animals and plants. You can download a map here. Do remember portions of the trails run along the property lines of neighbors whose property abuts the Association, for their sake and for the sake of other members who want to use the trails, treat the trails with respect. Try always to leave nothing but footprints.
Also, if you see anything in the way of an obstruction on any trail, notify the chair of the Board's Trails Committee: Dave DeRosia 231.360.0189. While we try to walk the trails regularly to find windfalls and other problems, sometimes things get ahead of us. If you tell us of a problem with any park, trail or common area we will get it repaired as quickly as possible.
No. Both these locations are, in fact, property owned by the Association. The McCauley’s Point Access Trail is located on a lot owned by the Association. The Association also owns the beach at Donegal Bay. Technically, these properties are for the use of members of the Association only.
That, however, is not the complete answer. While the Association owns these properties, there has been a long standing policy of the Board to permit use of the Donegal Bay beach by island residents. It is a beautiful spot and has been used for years by all island residents as a place to watch a glorious sunset and even to swim. Similarly, the McCauley’s Point Access Trail is the shortest, but not only, way for people to get to McCauley’s Point and the Association has permitted island residents to use the trail. However, it is incorrect to say that these locations are public property or constitute public access points.
It is also incorrect and inappropriate to advertise the locations as areas open to the general public. The Association has no plans to change its long-standing policy on use of these areas by island residents. It does reserve the right to deny access to any one who uses these locations in any manner that violates Association’s rules or policies, whether they be members, island resident or the general public. The final answer is that these locations are private not public property and use by anyone other than Association members is by permission only.
Please note the following answer is from the Association’s viewpoint. The Township Zoning Director may not permit land clearing before issuance of a Zoning Permit as it violates the technical provisions of the township zoning ordinance.
Technically, a permit should be obtained before any work starts. However, over the years the practice has developed by owners of clearing a lot and putting in an access so that potential buyers can see how the lot will look when a cottage is built. The Association generally does not object to this practice with the following conditions. When cleared the lot must not be left in a condition that would pose a threat to any contiguous owner’s property. In addition, all trees, brush, etc. must be removed from the lot at the time of clearing. Further, note that the lot must be graded smooth and if needed for stability planted in a ground cover..
Any work beyond simply clearing the lot requires a permit from the Association. Currently this policy is under review, and it is possible that the Association will require, in the future, a permit before a lot can be cleared..