Mich. Admin. Code R. 281.107 - Land use and development standards

Rule 7.

(1) Land uses within the natural river district are classified as exempt, principal, or special uses and are described as follows:

(a) Exempt uses are uses which are permitted by right and which are not subject to the receipt of a zoning permit. Exempt uses include all of the following:

(i) Private, noncommercial recreation which does not involve permanent structures, equipment, or other devices, but which includes camping, boating, fishing, hunting, and other similar activities.

(ii) Reforestation and other accepted forest management practices that do not involve permanent structures and that are landward of the native vegetation buffer.

(iii) Agricultural activities, such as plowing, disking and planting of crops, including general and specialized farming such as Christmas tree farms, provided that all new activities occur landward of the native vegetation buffer and provided such uses will not significantly contribute to stream degradation. Construction of any residential and farm-related structures and appurtenances are classified as principal uses (see subrule (2) of this rule) and are subject to zoning permit requirements. New aquaculture facilities and concentrated animal feeding operations, and expansion of existing aquaculture facilities and concentrated animal feeding operations, are not permitted within the Natural River District without a land use variance. Resumption of prior agricultural uses that were located within the native vegetation buffer but have been discontinued, for example, crop fields that are rotated, may resume if 1 of the following criteria is met:

(A) The cessation of use was within 10 years of resumption of use.

(B) The cessation of use was due to implementation of a management plan written prior to adoption of these rules.

(C) The cessation of use was the result of written agreements with a governmental agency or agencies entered into prior to adoption of these rules.

(D) The cessation of use was the result of written agreements with a governmental agency or agencies entered into after adoption of these rules or ordinances implementing this plan, where the term of cessation of use specified in the agreement is for 10 years or less.

(E) The cessation of use was required or imposed by a governmental agency or agencies.

(iv) The operation of licensed motor vehicles on dedicated public roads or private roads that are designed to provide access to a permitted use.

(v) The off-road operation of emergency and public utility maintenance vehicles, and the operation of motorized or non-motorized wheelchairs by persons with disabilities on footpaths, boardwalks, or other designated trails. Other motorized vehicles may not be operated off the road in the native vegetation buffer as specified in R 281.104.

(vi) Cutting of low growing vegetation in the native vegetation buffer to create a private footpath of not more that 4 feet in width leading to a single point on the river's edge. A boardwalk or other above grade walkway is considered a structure and requires a zoning permit.

(vii) Signs, subject to the provisions of R 281.104.

(viii) A replacement residential water supply well, provided the replacement well is not closer to the river's edge than the well it is replacing and is landward of the native vegetation buffer, and the replaced well is properly abandoned.

(ix) Routine maintenance and repairs of principal uses within the existing foundation and structure, subject to R 281.110.

(x) Satellite dishes that are less than 24 inches in diameter and that are not located in the native vegetation buffer.

(b) Principal uses are uses which are allowed by right, but which require the issuance of zoning permits by the zoning administrator. Principal uses include all of the following:

(i) Single-family dwellings, including detached long-term rental dwellings, if all of the following provisions are complied with:

(A) Only 1 dwelling shall be permitted per parcel unless 1 of the following occurs:

(1) The property owner develops a site plan for the parent parcel showing theoretical property lines for individual lots based on Natural River development standards, and locates any additional residences and appurtenances as if the property were divided into those separate lots.

(2) For each single-family dwelling placed in a cluster-type setting so that the requirements in subdivision (b)(i)(A)(1) are not met, a portion of the parent parcel containing square footage, width, depth and buildable area equal to a newly created separate legal parcel as described in R 281.104 will be made subject to a permanent conservation easement or deed restriction that prohibits construction of any structures within that portion of the parcel, or the development rights to a portion of the parent parcel containing square footage, width, depth and buildable area equal to a newly created separate legal lot or parcel as described in R 281.104 will be sold, donated, or otherwise conveyed in perpetuity to a land conservancy, local unit of government, or the state. The agency acquiring the development rights shall agree in writing to refrain from development of the land in perpetuity.

(B) Building setback for lots shall be not less than 150 feet from the ordinary high watermark on the mainstream and the North Branch Pine river from its confluence with Spalding Creek to its confluence with the East Branch Pine river and not less than 100 feet from the ordinary high watermark on all other designated tributaries, except as described in subdivision (b)(i)(C) of this rule. On the mainstream and the North Branch Pine river from its confluence with Spalding Creek to its confluence with the East Branch Pine river the setback may be decreased 1 foot for every 1-foot rise in bank height to a minimum distance of 100 feet from the ordinary high water mark. The reduction in setback does not apply until the bank height reaches 25 feet, at which point the reduction in setback is 25 feet. On all other tributaries, the setback may be decreased 1 foot for every 1-foot rise in bank height to a minimum distance of 75 feet from the ordinary high water mark. The reduction in setback does not apply until the bank height reaches 15 feet, at which point the reduction in setback is 15 feet. Structures shall be set back not less than 50 feet from the crest of a bluff on the mainstream and the North Branch Pine river from its confluence with Spalding Creek to its confluence with the East Branch Pine river, and not less than 25 feet from the crest of a bluff on all other designated tributaries. Building shall not take place on land that is subject to flooding or in any wetland area. The natural contour of the face and crest of the bluff shall not be altered. The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(C) If a building setback is in an area of concentrated development and a vacant legal nonconforming parcel is between and adjacent to 2 parcels that contain legal single-family dwellings that do not meet the minimum building setbacks, and the adjacent legal non-conforming single-family dwellings are within 300 feet of each other, then the minimum building set back for a new single-family dwelling on the vacant parcel is the distance from the river of the adjacent single-family dwelling that is farthest from the river's edge or the minimum required width of the native vegetation buffer, whichever is greater, provided the single-family dwelling is not placed on lands that are subject to flooding or in any wetland area. All appurtenances and accessory buildings shall meet the minimum required building setback described in subdivision (b)(i)(B). All structures shall be set back not less than 50 feet from the crest of a bluff on the mainstream and not less than 25 feet from the crest of a bluff on designated tributaries. The natural contour of the face and crest of the bluff shall not be altered. The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(ii) Expansion of a legal nonconforming single-family dwelling subject to the provisions of R 281.110(a)(b).

(iii) Accessory buildings and appurtenances that meet requirements of paragraph (i) of this subdivision.

(iv) One private boat dock per parcel, subject to the provisions of R 281.104.

(v) One private river access stairway per parcel, subject to the provisions of R 281.104.

(vi) Utility lines to service private, single-family dwellings.

(vii) Disposal fields, septic tanks, and outhouses if all of the following provisions are complied with:

(A) The septic tank and disposal field meet local health department standards.

(B) The disposal field shall be located not less than 100 feet from the ordinary high watermark and any surface or subsurface drain that discharges into the Pine river or its designated tributaries, and shall not be located within the 100-year floodplain, a wetland area, or the native vegetation buffer.

(C) The septic tank shall be no closer to the river than the dwelling it serves and shall not be located within the 100-year floodplain or a wetland area.

(D) The bottom of the disposal field shall be at least 4 feet above the seasonal high groundwater table.

(E) An outhouse shall be constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, shall be located not less than 100 feet from the ordinary high watermark and any surface or subsurface drain that discharges into the Pine river or its designated tributaries, and shall not be located within the 100-year floodplain, a wetland area, or the native vegetation buffer.

(F) Drywells and earth privies are not permitted unless they are 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.

(G) An innovative on-site treatment system that results in a higher level of treatment than a conventional system may be located not less than 50 feet from the river's edge on designated tributaries, except the North Branch of the Pine river from the confluence with Spalding Creek to the confluence with the East Branch of the Pine river, provided no part of the system is in a wetland or the 100-year floodplain.

(H) Disposal of sludge from any wastewater treatment system is prohibited in the Natural River District.

(viii) Water supply wells serving exempt, principal, or special uses if the well is landward of the native vegetation buffer described in R 281.104.

(ix) Mining and extracting industries, if all land disturbance, structures, and other activities related to the industry are located more than 300 feet from the ordinary high watermark.

(x) Land divisions, if the minimum standards specified in R 281.104 are met. A zoning permit, special use permit or variance will not be granted for any activity on a parcel that is created after the effective date of these rules if the new parcel does not meet R 281.104. No new parcel will be created that would require reaching the only buildable area by constructing a road/stream crossing.

(xi) Home occupations and home-based occupations, subject to R 281.104.

(xii) Land alteration, such as grading, dredging, and filling of the land surface, except within the native vegetation buffer, on the face or crest of a bluff, or in a wetland or floodplain as defined in R 281.101. Draining wetlands is prohibited. Ponds may be constructed if the pond is not constructed in a wetland or the 100-year floodplain, the pond meets the building setback established for the area, spoils are placed in a non-wetland, non-floodplain area landward of the native vegetation buffer, and the pond is not connected to the river by any surface or subsurface drainage system.

(xiii) Bridges, including any structure of any span length designed to provide a pedestrian or vehicle stream crossing, subject to all the following standards:

(A) All existing bridges that are destroyed by any means, whether on a tributary or mainstream segment, may be replaced. On mainstream segments, destroyed pedestrian bridges may not be replaced with vehicle bridges. Destroyed bridges shall be replaced within 18 months of destruction or the replacement bridge shall be considered to be a new bridge and shall be subject to new bridge standards.

(B) New bridges are not permitted on any parcel that is created after the effective date of these rules.

(C) New bridges of any type are prohibited on mainstream segments.

(D) All replacement bridges on mainstream segments shall span the bankfull channel, have a minimum clearance of 5 feet between the ordinary high water mark and "low steel" (the bottom of the bridge deck and/or deck supports other than abutments), and be a structure with a natural bottom, for example, pipe, box or arch culverts are not permitted.

(E) New pedestrian bridges are permitted on all tributaries provided the lands connected by a new bridge were, at the time of adoption of these rules, and continue to be, collectively owned by 1 person.

(F) New bridges linking properties in separate ownership shall not be permitted except in areas where construction of such a bridge to access a permitted building site will result in less resource damage than construction of another type of permitted access. The exception shall only apply to lots that were created before the effective date of these rules.

(G) Only 1 bridge is permitted to access a portion of land that is otherwise inaccessible from the owner's contiguous property.

(H) Permanent new bridges on tributaries shall span the bankfull channel and be a structure with a natural bottom, for example, pipe, box, or arch culverts are not permitted, and, in the case of pedestrian bridges, be constructed such that use by any motorized vehicles, including dirt bikes and ATVs are excluded.

(I) Permanent bridges replacing bridges that have natural bottoms on tributaries shall span the bankfull channel and be a structure with a natural bottom, for example, pipe, box or arch culverts are not permitted, and in the case of pedestrian bridges, be constructed such that use by any motorized vehicles, including dirt bikes and ATVs are excluded.

(J) Permanent bridges replacing bridges without natural bottoms on tributaries must span the bankfull channel, and, in the case of pedestrian bridges, be constructed such that use by any motorized vehicles, including dirt bikes and ATVs are excluded.

(K) Temporary vehicle bridges on tributaries for the purpose of access for timber harvest may be permitted provided they are constructed in a manner that minimizes disruption of the stream and are removed immediately after harvesting activities. Disturbed areas in the native vegetation buffer shall be revegetated, any fill placed shall be removed, and the land shall be returned to its original grade as soon as possible after removal of the bridge. Proper erosion/sedimentation control methods shall be used during placement and use of the bridge.

(L) New permanent vehicle bridges on tributaries may be allowed upon receipt of a special use permit.

(xiv) Forest management activities within the native vegetation buffer, subject to the provisions of R 281.104.

(xv) Boardwalks that meet the setback requirements of subrule (2)(C) of this rule and boardwalks associated with a footpath to the river's edge subject to of R 281.104(6).

(c) The Pine river natural river plan and these rules recognize that certain types of residential, recreational, and commercial uses may be appropriate for the natural river district that have not been identified under the exempt and principal uses provisions of this rule. To ensure that such uses do not contravene the goals and objectives of the Pine river natural river plan and these rules, such uses shall be referred to as special uses and shall be subject to the review and approval of the zoning review board. Special uses and their development standards include all of the following:

(i) Detached rental cabins, if all of the following provisions are complied with:

(A) The number of cabins permitted shall be based on the rate of 1 cabin per 200 feet of frontage. Clustering of rental cabins is permitted and encouraged; however, there shall not be more than 1 cabin per 200 feet of river frontage. For each cabin placed in a cluster-type setting, a portion of the parent parcel containing square footage, width, depth, and buildable area equal to a newly created separate legal parcel as described R 281.104 shall be made subject to a permanent conservation easement or deed restriction that prohibits construction of any structures within that portion of the parcel, or the development rights to a portion of the parent parcel containing square footage, width, depth, and buildable area equal to a newly created separate legal lot or parcel as described in R 281.104 will be sold, donated or otherwise conveyed in perpetuity to a land conservancy, local unit of government, or the state. The agency acquiring the development rights shall agree in writing to refrain from development of the land in perpetuity.

(B) The size of each cabin shall not exceed 900 square feet and 1 story in height. The cabin shall not contain sleeping accommodations for more than 8 people.

(C) Each cabin shall be set back a minimum of 200 feet from the ordinary high watermark. All associated buildings and structures shall be located outside of the Natural River District.

(D) Temporary recreational facilities, including tents, camper trailers, and recreational vehicles shall be located outside of the Natural River District.

(E) Each cabin shall be a minimum of 75 feet from the property line of adjacent riverfront properties.

(F) Establishment of vegetative buffers along side or back lot lines may be required for rental cabins that are adjacent to existing residential uses. Buffers shall consist of plant material that is indigenous to the area in a strip at least 20 feet wide composed of deciduous trees interspersed with coniferous trees to be spaced not more than 10 feet apart. Deciduous trees shall be a minimum of 8 feet in height and coniferous trees a minimum of 5 feet in height at the time of planting. The buffer shall also include dense shrubs placed not less than 5 feet apart having a minimum of 3 feet in height when planted. The entire buffer shall be maintained in at least as healthy a condition as when planted.

(G) Docks may be constructed for the private use of occupants of the rental cabins. Permanent and seasonal docks shall comply with the general standards for docks and all of the following provisions:

(1) Docks shall be not larger than 48 square feet, with not more than 4 feet of the dock extending into the water.

(2) Docks may be constructed at the rate of 1 dock per 1000 feet of frontage. If the property in question contains less than 1000 feet of frontage, 1 dock will be permitted

(3) Docks shall be constructed of natural materials that blend with the natural surroundings.

(4) Access to a dock or docks shall be along a single designated footpath not more than 4 feet wide to minimize disruption of the native vegetation buffer.

(5) Any steps or stairs necessary on the stream bank to access the dock shall be constructed without cutting into the ground surface, unless site and soil conditions indicate that a recessed stairway will better meet the goals and objectives of designation.

(ii) Campgrounds, including those with provisions for tents, travel trailers, campers, and motor homes, with associated noncommercial buildings, impervious pads, and utility hookups, if all of the following provisions are complied with:

(A) Campgrounds shall be constructed and maintained in accordance with all applicable state regulations.

(B) Commercial buildings associated with the campground are prohibited in the Natural River District.

(C) All permanent structures shall be at least 200 feet from the river's edge.

(D) Campsites are permitted at a density of not more than 4 sites per acre of land that is located in the Natural River District and landward of the native vegetation buffer.

(E) A 100 foot-wide native vegetation buffer along the river shall be maintained.

(F) Campsites that accommodate wheeled motor vehicles shall be at least 200 feet from the river's edge.

(G) Walk-in campsites shall be landward of the native vegetation buffer.

(H) Docks may be constructed at the rate of 1 dock not larger than 48 square feet for each 200 feet of river frontage, accessed by a single footpath not more than 4 feet wide.

(I) No motorized vehicle access to the river is permitted.

(J) Launching or retrieval of commercial watercraft, other than by registered campers on-site, is prohibited at any newly developed campground.

(iii) Permanent vehicle bridges on tributaries subject to the provisions of R 281.107.

Notes

Mich. Admin. Code R. 281.107

2004 AACS