Section R. 281.137 - Land use and development standardsRule 7. 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, subject to the limitations specified in R 281.134(6)(b).(iii) Agriculture, including general and specialized farming, unless the bureau of environmental protection of the Michigan department of natural resources determines that such use will significantly contribute to stream degradation.(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. The off-road operation of other motorized vehicles is prohibited in the natural vegetation strip as specified in R 281.134(6).(vi) Private footpaths that are constructed by the landowner of natural materials to facilitate access to permitted uses.(vii) Signs, subject to the provisions of R 281.134(7).(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, if all of the following provisions are complied with:(A) Only 1 dwelling shall be permitted per lot of record.(B) Each lot shall be not less than 50,000 square feet.(C) The dwelling lot shall have a minimum average width of 200 feet throughout its length.(D) Building setback for lots, including all appurtenances and accessory buildings, shall be not less than 200 feet from the ordinary high watermark on the main stream and 100 feet on the Little Betsie river and Dair creek. The setback may be decreased 5 feet for every 1 foot of rise in bank height above 5 feet above the ordinary high watermark, to a minimum of 150 feet from the ordinary high watermark on the main stream. Buildings and appurtenances shall be set back not less than 25 feet from the top of a bluff on the noncutting edge of a stream and not less than 50 feet from the top of a bluff on the cutting edge of a stream. Building shall not take place on land that is subject to flooding.(ii) Accessory buildings that meet the setback requirements of paragraph (i) of this subdivision.(iii) A private boat dock.(iv) Utility lines to service private, single-family dwellings.(v) Disposal fields and septic tanks, if all of the following provisions are complied with:(A) The fields and tanks shall be located not less than 150 feet from the ordinary high watermark.(B) A septic tank or absorption field shall not be located closer than 100 feet to any surface or subsurface drainage system that enters into the Betsie river or its designated tributaries.(C) The bottom of the pit associated with an earth privy shall not be less than 4 feet above the known high groundwater table.(vi) Mining and extracting industries, if located not less than 300 feet from the ordinary high watermark.(vii) Residential single-family dwelling plats, if the minimum standards specified in paragraph (i) of this subdivision are met.(ix) Land alteration, such as grading, dredging, and filling of the land surface, unless the high groundwater table is within 4 feet of the existing natural land surface.(c) The Betsie 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. Such uses may result in intensities of development and use higher than would be anticipated under the exempt and principal uses. To ensure that such uses do not contravene the goals and objectives of the Betsie 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 river frontage. Clustering of rental cabins is encouraged; however, the ratio of 1 cabin per 200 feet of river frontage shall not be exceeded.(B) Each cabin and all associated buildings, structures, or other related devices shall be set back a minimum 200 feet from the ordinary high watermark.(C) Fences and greenbelts may be required by the zoning review board for rental cabins that are adjacent to existing residential uses. Fencing shall be constructed of natural material. Greenbelts shall consist of plant material that is indigenous to the area or as approved by the zoning review board.(D) Boat docks may be erected for the private use of occupants of the rental cabins and their guests. Docks shall be in compliance with the requirements of R 281.134 and both of the following provisions:(1) Docks may be constructed at the rate of 1 dock for each permitted rental cabin.(2) Access to a dock or docks shall be along a single designated footpath to minimize disruption of the natural vegetation strip.(ii) Campgrounds, including tents, travel trailers, campers, and motor homes, with associated noncommercial buildings, cement 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) A commercial enterprise shall not be permitted to operate in the campground within the natural river district, except that a convenience goods shopping building that is not more than 1,500 square feet may be provided. The building shall not be more than 1 story in height.(C) Each site and all associated buildings, structures, and other related devices shall be set back a minimum of 200 feet from the ordinary high watermark.(D) Fences and greenbelts may be required by the zoning review board for campgrounds that are adjacent to existing residential uses. Fencing shall be constructed of natural material. Greenbelts shall consist of plant material that is indigenous to the area or as approved by the zoning review board.(E) A camping site shall not have more than 4 sites per acre. Clustering of campsites is encouraged; however, the ratio of 4 sites per acre shall not be exceeded.(F) Boat docks may be erected for the private use of the occupants of the campsites and their guests if both of the following provisions are complied with: (1) The total number of docks shall not be more than 1 dock for each 200 feet of river frontage.(2) Access to the dock or docks shall be along a single designated footpath to minimize disruption of the natural vegetation strip.(iii) Canoe, boat, and other watercraft liveries, if all of the following provisions are complied with: (A) Parked vehicles and off-season canoe and boat storage areas shall not be visible from the river.(B) Boat docks may be erected at the ratio of 1 dock per 200 feet of river frontage.(C) Other than the rental of watercraft, other commercial enterprises shall not be permitted to operate.(D) A rental office which is associated with the operation of the livery and which does not have more than 225 square feet may be constructed. The building shall not be more than 1 story in height.(E) Access to the dock or docks or place of river entry from the canoe or boat rental office shall be along a single designated footpath to minimize disruption of the natural vegetation strip.Mich. Admin. Code R. 281.137