Current through Vol. 24-04, March 15, 2024
Rule 7.
(1) A home
occupation or home-based occupation in a designated natural river area shall
conform to all of the following:
(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 as a
single-family residential dwelling.
(b) Equipment or a process shall not be used
in a home occupation or home-based occupation if it creates excessive noise,
vibration, fumes, odors, or electrical interference that is detectable to the
normal senses off the premises.
(2) Land alteration shall conform to all the
following requirements:
(a) Land alteration
shall not occur within the natural vegetation strip, except placement of wood
chips for a foot path as provided in
R
281.53, on the face or crest of a bluff, in a wetland,
in a floodplain, or below the ordinary high-water mark of the river unless
associated with bank stabilization or fisheries habitat improvement
activities.
(b) Draining a wetland
is prohibited.
(c) A pond may be
constructed if the pond meets the building setback established for the natural
river district, spoils are placed in a non-wetland, non-floodplain area
landward of the natural vegetation strip, and the pond is not connected to the
river by any surface or subsurface drainage system. A pond shall not be
constructed in a wetland or the 100-year floodplain.
(d) Bank stabilization or fisheries habitat
activities shall comply with all of the following:
(i) Bioengineering practices shall be the
preferred alternative for bank stabilization. Bioengineering practices used to
stabilize stream banks utilize a combination of native plantings and natural or
biodegradable materials to engineer shoreline protection that mimic and or
enhance the natural landscape.
(ii)
Rock used for bank stabilization above the seasonal low-water level of the
stream shall be rounded cobble (fieldstone).
(iii) Quarried limestone or other natural
angular stone shall not be exposed by seasonal low water level of the
stream.
(iv) An in-stream fisheries
habitat structure, such as a lunker, an overhead cover platform or similar
structure, shall be, upon completion, indistinguishable from the natural
surrounding landscape.
(v) A
seawall, vertical bulkhead, gabion basket, concrete bag riprap, broken
concrete, and other similar structures are prohibited.
(vi) The proposed project shall fulfill an
identifiable need for erosion protection, bank stabilization, or fisheries
habitat improvement.
(3) A proposed lot with a preliminary plat
approval under the land division act, 1967 PA 288, MCL 560.101 to 560.293, but
does not meet the dimensional requirements specified for each natural river on
the effective date of these rules shall, upon final plat approval, be issued a
zoning permit subject to these rules.
(4) A lot created before the effective date
of these rules which does not possess sufficient land area or lot width may be
used for the purposes described and subject to the requirements in these
rules.
(5) A zoning permit, special
use permit, or variance will not be granted for any activity on a lot created
after the effective date of these rules if the new lot does not meet the
provisions of these rules. A new lot shall not be created if construction of a
road/stream crossing is required to provide access to the only buildable
area.
(6) Only 1 single-family
dwelling or short-term rental facility shall be permitted per lot unless 1 of
the following applies:
(a) The property owner
submits a site plan for the lot showing theoretical property lines for
individual lots that meet all natural river zoning standards, and locate any
additional single-family dwelling or short-term rental facility and
appurtenance as if the property were divided into those separate
lots.
(b) For each single-family
dwelling or short-term rental facility placed in a cluster-type setting that
does not meet the requirements in subdivision (a) of this subrule, a portion of
the lot containing an area equal to a newly created separate legal lot as
described in these rules will be made subject to a permanent conservation
easement or deed restriction prohibiting construction of any structure within
that portion of the lot. A conservation easement will be sold, donated, or
otherwise conveyed, in writing in perpetuity, to a land conservancy, local unit
of government, or the state. The agency acquiring the conservation easement
shall agree, in writing in perpetuity, to refrain from development of the
land.
(7) If a proposed
single-family dwelling or short-term rental facility is on a vacant, legal,
nonconforming parcel that is between and adjacent to 2 parcels that contain a
legal single-family dwelling or short-term rental facility that does not meet
the minimum building setback standard, and the adjacent single-family dwelling
or short-term rental facility are within 150 feet of each other, a minor
variance to the building setback standard may be granted that will result in
the new single-family dwelling or short-term rental facility being located no
closer to the river than the adjacent single-family dwelling or short-term
rental facility that is farthest from the high-water mark or landward of the
natural vegetation strip or 75 feet from the high-water mark, whichever is
greater, and the single-family dwelling or short-term rental facility shall not
be placed on lands subject to flooding or in any wetland area. This subrule
does not apply to an appurtenance, accessory building, or other structure. Any
development shall be in conformance with the bluff development standards
established for each designated natural river in these rules.
(8) A drinking water supply well for a single
family dwelling or short-term rental facility shall not be located in the
natural vegetation strip or closer to the river than the structure it serves. A
drinking water supply well not meeting the requirements of this rule requires a
minor variance subject to
R
281.60.
(9) The maximum percentage of impervious
surface permitted on a lot is as follows:
(a)
For a lot with less than 10,000 square feet of area, not more than 35% of the
land surface may be covered by an impervious surface.
(b) For a lot 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 an impervious surface.
(c) For a lot 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 an impervious surface.
(d) For a lot greater than 80,000 square feet
in area, not more than 10% of the land surface may be covered by an impervious
surface.
(10) A
structure shall not be more than 35 feet in height measured from the original
surface elevation.
(11) A dock
shall conform to all of the following:
(a) A
dock 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) A dock shall be designed, constructed,
and maintained to blend with the natural surroundings. The use of natural,
native materials is encouraged.
(12) A stairway constructed to allow river
access shall conform to all of the following standards:
(a) A stairway is not permitted unless no
other reasonable and safe access to the river exists.
(b) A stairway shall be low-profile, not more
than 4 feet wide, and constructed without stairs being recessed into the ground
surface, except if site and soil conditions dictate that a recessed stairway is
appropriate.
(c) A landing shall
not be constructed unless required by building code, in which case the landing
shall be the minimum number and size required by building codes.
(d) Not more than 1 handrail shall be
associated with a stairway.
(e) A
stairway shall be constructed using natural materials.
(f) A stairway shall be located and
maintained to blend with the natural surroundings, and where removal of
vegetation in the natural vegetation strip can be minimized.
(13) A boardwalk associated with a
footpath to the rivers edge shall conform to all of the following:
(a) A boardwalk shall be placed only in an
area that is generally too wet to be traversed without significant disturbance
of the soils.
(b) A boardwalk and
all supports shall be constructed of natural materials.
(c) A boardwalk shall not be more than 3 feet
wide.
(d) A boardwalk shall not
include any railing.
(e) The top of
a boardwalk shall not be more than 12 inches above grade.
(14) Within the natural river district, a
natural vegetation strip shall be maintained that includes the river and all
lands within the area abutting the rivers edge for each designated natural
river as specified in these rules. Trees and shrubs may be pruned over not more
than a 50-foot width for a filtered view of the river. The natural vegetation
strip is also subject to all of the following:
(a) Felling of a tree or removal of other
vegetation in the natural vegetation strip is prohibited except for the
following:
(i) An unsafe tree, noxious plant,
or shrub, such as poison ivy and poison sumac, may be removed without a zoning
permit.
(ii) Select tree removal or
trimming 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.
(b) Mowing is prohibited in the natural
vegetation strip except in an area maintained in a mowed condition before the
effective date of these rules or to establish a single footpath to the river
not to exceed 4 feet wide.
(c) Any
island in any stream segment is subject to the natural vegetation strip
standards as described in these rules.
(d) Camping, except for tent camping, is not
permitted in the natural vegetation strip.
(e) A motorized vehicle shall not be operated
off road in the natural vegetation strip.
