Mich. Admin. Code R. 281.104 - Lot size and area; subdivision of land; home and home-based occupations; native vegetation buffer; signs; docks; height of structures; river access stairways; dams; impervious surfaces

Rule 4.

(1) Unless otherwise provided 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 150 feet from the river's edge at all points, this rule 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 the standards in R 281.107.

(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 281.109 and R 281.110.

(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 provided for in R 281.109 and R 281.110.

(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 100 feet of the ordinary high watermark shall be maintained on each side of the Pine river mainstream and the North Branch Pine river from its confluence with Spalding Creek to its confluence with the East Branch Pine river. A restrictive cutting belt that includes tributaries and all lands within 50 feet of their ordinary high watermarks shall be maintained on each side of 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 Pine river system upstream of the confluence of the North Branch Pine river and the East Branch Pine river and on all tributaries, vegetation in the stream channel may not be disturbed except to alleviate flooding that threatens a dwelling. In the Pine River mainstream downstream of the confluence of the North Branch Pine river and the East Branch Pine river 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 for 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 is 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.

Notes

Mich. Admin. Code R. 281.104

2004 AACS