Current through Vol. 24-04, March 15, 2024
Rule 71.
(1) A
principal use is allowed by right, but requires the issuance of a zoning permit
by the zoning administrator. A principal use includes all of the following:
(a) A single-family dwelling or short-term
rental facility with the following provisions:
(i) The minimum building setback shall be not
less than 150 feet from the ordinary high-water mark on the mainstream from the
confluence of the north Branch and South Branch to Brown bridge dam, and 100
feet from the ordinary high-water mark on the mainstream from Brown bridge dam
to the north boundary of Grand Traverse county property in section 27, T 27N,
R11W, Garfield township and on all other designated tributaries except as
described in
R 281.57.
(ii) Dwellings shall be set back not less
than 25 feet from the top of a bluff on the noncutting edge of a stream and not
less than 50 feet from the top of a bluff on the cutting edge of a
stream.
(iii) Building shall not
take place on land that is subject to flooding or in any wetland
area.
(iv) The natural contour of
the face and crest of the bluff shall not be altered.
(v) The land between the crest of the bluff
and the minimum building setback line shall not be altered except for minor
landscaping activities.
(b) Accessory buildings and appurtenances
that meet the setback and other development requirements of subdivision (a) of
this subrule.
(c) One private boat
dock per parcel, unless otherwise provided for in these rules, subject to
R 281.57.
(d) One private river access stairway per
parcel, subject to
R 281.57.
(e) Utility lines to service a single-family
dwelling or short-term rental facility.
(f) A disposal field, septic tank, and
outhouse, with the following provisions:
(i) A
septic tank and disposal field meet local health department
standards.
(ii) A disposal field
located not less than 100 feet from the ordinary high-water mark and not less
than 50 feet from any surface or subsurface drain that discharges into the
Boardman river or its designated tributaries, and not located within the
100-year floodplain, a wetland area, or the natural vegetation strip.
(iii) A septic tank shall not be closer to
the river than the dwelling it serves and shall not be located within a wetland
area.
(iv) An outhouse constructed
using a watertight waste containment system that allows waste to be pumped and
hauled to an appropriate disposal site, shall not be located less than 100 feet
from the ordinary high-water mark and any surface or subsurface drain that
discharges into the Boardman river or its designated tributaries, and not
located within the 100-year floodplain, a wetland area, or the natural
vegetation strip.
(v) Drywells and
earth privies are not permitted unless authorized by the local health
department, are a minimum of 100 feet from the ordinary high-water mark, and
the bottom of the pit or seepage bed is at least 4 feet above the seasonal high
groundwater table.
(vi) An
alternative on-site treatment system that results in a higher level of
treatment than a conventional system may not be located less than 50 feet from
the rivers edge on designated tributaries provided no part of the system is in
a wetland or the 100-year floodplain.
(vii) Disposal of sludge from any wastewater
treatment system is prohibited in the natural river district.
(g) Mining and extracting
industries, if all land disturbances, structures, and other activities related
to the industry are located more than 300 feet from the ordinary high-water
mark.
(h) A land division, if any
lot created after June 2, 1980, with all the following provisions:
(i) Is accessible by a public road or legal
easement on at least 1 side of the stream.
(ii) On all designated segments has at least
200 feet of river frontage, unless a riverfront "common area" subject to a
conservation easement is established, or a parcel does not have river frontage,
in which case this dimension shall be measured at the point of the parcel
closest to the river, and is at least 200 feet wide at the minimum building
setback line.
(iii) Contains at
least 40,000 square feet of area within the natural river district. Any "common
area" created or any bottomlands shall not be used in any calculations related
to minimum parcel area. If a parcel does not have river frontage, and the front
line of the parcel is greater than 150 feet from the rivers edge at all points,
this subdivision does not apply, and the minimum parcel width will be measured
at the front lot line.
(iv) Has
sufficient depth and upland area to accommodate the required building setbacks
pursuant to this rule.
(v) A lot
that exists on June 2, 1980, shall not be subdivided or reduced in dimension or
area below the minimum requirements of this rule. Any lot created after June 2,
1980, shall meet the minimum requirements of this rule, except as provided in
R 281.56.
(i) Home occupations and home-based
occupations, subject to
R 281.57.
(j) Land alteration, subject to
R 281.57.
(k) Bridges, subject to
R
281.58.
(l) Forest management activities within the
natural vegetation strip, subject to
R 281.57.
(m) A boardwalk that meets the minimum
building setback requirements in this subdivision and a boardwalk associated
with a footpath to the rivers edge, subject to
R 281.57.
(n) Bank stabilization and fisheries habitat
improvement activities, subject to
R 281.57.
(2) Within the Boardman river natural river
district, a natural vegetation strip that includes the river and all lands
within 75 feet of the ordinary high-water mark shall be maintained on each side
of the mainstream from the confluence of the north Branch and South Branch to
Brown bridge dam. A restrictive cutting belt that includes the river and all
lands within 50 feet of the ordinary high-water mark shall be maintained on
each side of the mainstream from Brown bridge dam to the north boundary of
Grand Traverse county property in section 27, T27N, R11W, Garfield township and
on all other designated tributaries. Cutting in the natural vegetation strip is
subject to the provisions of
R 281.57.