Current through Vol. 24-04, March 15, 2024
Rule 4.
(1) Unless
otherwise provided for in these rules, a lot created after the effective date
of these rules shall meet all of the following standards on at least 1 side of
the stream that is accessible by a public road or legal easement:
(a) Have at least 200 feet of river frontage
(unless a riverfront "common area" subject to a conservation easement is
established, or the parent 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 be at least 200 feet wide at the minimum building setback
line.
(b) Contain at least 1/2 acre
of existing contiguous upland buildable area (non-wetland, non-floodplain)
landward of the minimum building setback line.
(c) Contain at least 80,000 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 the parent parcel does not have river frontage, and the front line of
any newly created parcel is greater than 100 feet from the river's edge at all
points, this subdivision does not apply, and the minimum parcel width will be
measured at the front lot line.
(d)
Have sufficient depth to accommodate the required building setbacks pursuant to
R
281.177.
(2) A lot that exists on the effective date
of this rule shall not be subdivided or reduced in dimension or area below the
minimum requirements of these rules. Lots that are created after the effective
date of this rule shall meet the minimum requirements of these rules, except as
provided in subrules (3) and (4) of this rule.
(3) Proposed lots which have preliminary plat
approval pursuant to 1967 PA 288, MCL 560.101, but which do not meet the
dimensional requirements of these rules on their effective date, shall, on
final plat approval, be issued a permit subject to the requirements in
R
281.179 and
R
281.180.
(4) Lots of record which are created before
the effective date of these rules, and which do not possess sufficient land
area or lot width may be used for the purposes described in these rules,
subject to the requirements in
R
281.179 and
R
281.180.
(5) Home occupations and home-based
occupations shall conform to all of the following requirements:
(a) The use of the dwelling unit, or related
structure, for a home occupation or home-based occupation shall be clearly
incidental and subordinate to its use for residential purposes.
(b) Equipment or a process shall not be used
in a home occupation or home-based occupation if it creates noise, vibration,
fumes, odors, or electrical interference that is detectable to the normal
senses off the premises.
(6) Within the natural river district, a
native vegetation buffer that includes the river and all lands within 75 feet
of the ordinary high watermark shall be maintained on each side of the Upper
Manistee river mainstream and all designated tributaries. Trees and shrubs may
be pruned over not more than a 50-foot width for a filtered view of the river,
but clear cutting in the native vegetation buffer is prohibited. The native
vegetation buffer is also subject to all of the following provisions:
(a) Unsafe trees and noxious plants and
shrubs, such as poison ivy and poison sumac, may be removed.
(b) The selected removal or trimming of trees
for forest management practices or disease and insect control, and clearing of
vegetation to the minimum width required for public utility primary electric
distribution lines and service lines for permitted uses, is permitted upon
approval of the zoning administrator in consultation with local Conservation
District staff, if the activity is in keeping with the goals and objectives of
the Natural River Plan.
(c) Camping
other than low-impact tent camping is not permitted in the native vegetation
buffer.
(d) Mowing is prohibited in
the native vegetation buffer except in areas that had been maintained in a
mowed condition prior to adoption of these rules or to establish a footpath to
the river not to exceed 4 feet wide.
(e) In the Manistee River mainstream
vegetation may be selectively pruned to allow for safe navigation and to
alleviate flooding that threatens a dwelling. This may include pruning of a
maximum 8-foot wide section of vegetation. Portions of trees, logs, and other
natural material imbedded in the stream channel may not be disturbed.
(f) A boardwalk constructed in conjunction
with the footpath described in subdivision (d) of this subrule is permitted
upon approval of the zoning administrator if it is placed only in areas that
are generally too wet to be traversed without significant disturbance of the
soils, the boardwalk and supports are constructed of wood, the boardwalk is not
more than 3 feet wide and does not include railings, and the top of the
boardwalk is not more than 12 inches above grade.
(g) All islands in all stream segments are
subject to the native vegetation buffer standards.
(h) A wider native vegetation buffer may be
required for certain commercial uses.
(7) Signs for identification, direction,
resource information, regulation of use and those related to permitted uses are
allowed. Signs for the sale of products or services are prohibited, unless
related to a permitted use, located on the site of the permitted use, not
located in the native vegetation buffer and not visible from the river.
Illuminated signs are prohibited. Signs may be not more than 2 square feet in
area. Exceptions include 1 real estate sign not more than 4 square feet outside
the native vegetation buffer, and public agencies' signs not larger than 10
square feet, of rustic design and not attached to vegetation. Some public
agency signs may need to be larger to warn of impending danger or for
interpretative or historic reasons.
(8) Private boat docks shall be in compliance
with all of the following requirements:
(a)
Docks shall not be more than 48 square feet in area, with not more than 4 feet
of the dock extending over the edge of the river.
(b) Docks shall be designed, constructed, and
maintained to blend with the natural surroundings. The use of natural, native
materials is encouraged.
(c) Unless
otherwise provided for in these rules, only 1 dock shall be constructed per
lot.
(9) Unless
otherwise provided in these rules, a structure shall not be more than 2 1/2
stories tall, not including a basement, and not more than 35 feet in height
measured from the original surface elevation.
(10) Private river access stairways are
permitted upon approval of the zoning administrator if in compliance with all
of the following requirements:
(a) There is no
other safe, feasible access to the river without a stairway.
(b) The stairway is low-profile, not more
than 4 feet wide and constructed without stairs being recessed into the ground
surface unless site and soil conditions dictate that a recessed stairway is
more appropriate.
(c) There are no
landings associated with the stairway unless required by building codes, in
which case the landings shall be of the minimum number and size required by
building codes.
(d) Not more than 1
handrail is associated with the stairway.
(e) Only 1 river access stairway is permitted
per parcel.
(f) The stairway is
constructed using natural materials and is located and maintained to blend with
the natural surroundings.
(11) Construction of new dams is prohibited.
Reconstruction of a failed dam is permitted under any of the following
conditions:
(a) Reconstruction of a dam
destroyed by a catastrophic event such as flood may be reconstructed.
(b) Reconstruction of a dam that failed due
to lack of maintenance or other negligence by the owner or operator is
prohibited.
(c) Reconstruction of a
dam that failed due to a catastrophic event shall comply with construction
standards in effect at the time of application for replacement.
(d) Application for reconstruction shall be
received within 1 year of destruction.
(e) A reconstructed dam shall be rebuilt with
a height not greater than the original dam height.
(f) A bottom discharge and fish passage
facilities shall be provided for a reconstructed dam where
appropriate.
(g) A request for
replacement of a dam destroyed by a catastrophic event shall be handled as a
variance request for reconstruction of a destroyed, non-conforming
structure.
(12) The
maximum percentage of impervious surface permitted on a lot shall be as
follows:
(a) For lots with less than 10,000
square feet of area, not more than 35% of the land surface may be covered by
impervious surfaces.
(b) For lots
with between 10,000 square feet and 40,000 square feet of area, not more than
25% of the land surface may be covered by impervious surfaces.
(c) For lots with between 40,001 square feet
and 80,000 square feet of area, not more than 20% of the land surface may be
covered by impervious surfaces.
(d)
For lots greater than 80,000 square feet of area, not more than 10% of the land
surface may be covered by impervious surfaces.
