Mich. Admin. Code R. 281.55 - Special use; application procedure

Rule 5.

(1) A special use includes the following:

(a) A campground, with associated noncommercial structures, impervious pads, and utility hookups, with all of the following provisions:

(i) Campground shall be constructed and maintained in accordance with all applicable state and local regulations.

(ii) A commercial structure associated with the campground is prohibited in the natural river district.

(iii) A structure shall be at least 200 feet from the high-water mark.

(iv) Not more than 4 campsites per acre.

(v) A 100-foot wide natural vegetation strip along the river shall be maintained.

(vi) A campsite that accommodates a wheeled motorized vehicle shall be at least 200 feet from the high-water mark.

(vii) A walk-in campsite shall be landward of the 100-foot natural vegetation strip.

(viii) A dock 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.

(ix) Wheeled motorized vehicle access to the river is prohibited.

(x) Launch or retrieval of commercial watercraft at any campground by other than a registered camper is prohibited.

(b) A permanent vehicle bridge on a tributary, subject to R 281.58.

(2) An applicant shall submit an application for a special use permit on a form provided by the department and submit it to the zoning administrator. A completed application shall contain all of the following information and attachments:

(a) A completed application signed by the applicant or the applicant's representative.

(b) A site plan that meets the requirements of R 281.56.

(c) Evidence of ownership or a legal interest in the property that is affected by the application for a special use or authorization from the property owner to apply for a special use permit.

(d) A list of all property owners and their mailing addresses whose property is located within 300 feet of applicant's property being considered for a special use.

(3) The application, together with required attachments, shall be submitted not less than 30 days before the meeting of the zoning review board at which the application is to be considered.

(4) The zoning review board shall conduct at least 1 public hearing and shall require all of the following notifications of the hearing to be made not less than 10 days before consideration of the special use application:

(a) Notice of public hearing shall be published in a newspaper that circulates in the township in which the proposal is located.

(b) Notice of public hearing shall be sent by first-class mail or personal delivery to owners of property for which approval is being considered and to all persons whose property is located within 300 feet of applicant's property.

(c) Notice of public hearing shall also be sent to all of the following:

(i) Local tax assessing official or officials.

(ii) Township and county clerks.

(iii) Local building inspector or inspectors.

(iv) State, district, or county health department, if applicable.

(5) The zoning review board shall require that an application for a special use comply with all of the following:

(a) The purposes specified in R 281.52 are accomplished.

(b) A compelling reason exists to locate the proposed use within the district boundaries if contiguous property under the same ownership is available outside the district.

(c) The proposed use, in combination with any other existing use, will not be a detriment to the public health, safety, and welfare.

(6) The zoning review board may impose conditions deemed necessary to accomplish the general and specific standards applicable to the proposed use.

(7) The concurring vote of a majority of the eligible voting members of the zoning review board shall be required to approve a special use.

(8) A special use permit granted by the zoning review board shall be valid for 2 years from date of approval. If construction has not, in the opinion of the zoning review board and department, commenced and proceeded meaningfully at the end of the 2-year period, the zoning administrator shall notify the applicant, in writing, of the expiration of the special use permit.

(9) If the zoning review board and the department determine that the applicant has failed to comply with any of the requirements of these rules or the approved special use permit, the department may revoke the special use permit in accordance with the administrative procedures act, 1969 PA 306, MCL 24.201 to 24.328 .

(10) An application for a special use permit denied by the zoning review board shall not be submitted for reconsideration unless, in the opinion of the zoning administrator, the application is significantly different in scope from the previously denied application or new and significant facts and conditions exist which might result in approval upon resubmission.

(11) Concurrent with issuance of a special use permit, an applicant shall receive a copy of the approved site plan, with conditions, if any.

(12) Before commencing construction of a special use, an applicant shall display the permit in a location easily visible from the nearest street or roadway until the purpose for which the permit was issued is completed.

Notes

Mich. Admin. Code R. 281.55

1979 AC; 2013 AACS