DEPARTMENT OF NATURAL RESOURCES

                        FOREST MANAGEMENT DIVISION

                    AU SABLE RIVER NATURAL RIVER ZONING


(By authority conferred on the natural resources commission by section  13 of 
Act No. 231 of the Public Acts of  1970,  being  S281.773  of  the   Michigan 
Compiled Laws)


R  281.321   Definitions.
  Rule 1. As used in these rules:
  (a) "Applicant" means  a  person  who  requests,  on   proper   forms   and 
pursuant to proper procedures,  a  zoning  permit  for   a   principal   use, 
special use, or variance.
  (b) "Appurtenance" or "accessory building" means  a   structure   that   is 
incidental to a dwelling, including all of the following:
  (i) Garages.
  (ii) Residential storage sheds or barns.
  (iii) Pump houses.
  (iv) Wells.
  (v) Private access roads.
  (vi) Sanitary facilities.
  (vii) Electrical service lines.
  (c) "Bluff" means a steep bank which  rises  sharply   from   the   river's 
edge.
  (d) "Building inspector" means the agency or individual who is appointed by 
the appropriate governmental subdivision to issue building  permits   and  to 
administer the provisions of Act No. 230 of  the  Public  Acts  of  1972,  as 
amended, being S125.1501 et seq. of the Michigan Compiled Laws, and  known as 
the state construction code act of 1972.
  (e) "Building permit" means a permit that is issued  by   the   appropriate 
governmental subdivision as presently required under the  provisions  of  Act 
No. 230 of the Public Acts of 1972, as amended, being S125.1501  et  seq.  of 
the Michigan Compiled Laws.
  (f) "Certificate of zoning compliance" means a standard   form   which   is 
issued  by  the  zoning  administrator  upon  a   determination   that    the 
construction and use of land and buildings and structures as provided  for by 
a zoning permit, including the site plan, have been completed   and   are  in 
compliance with the permit and site plan.
  (g) "Commission" means the natural resources commission.
  (h) "Cutting edge of the river" means the edge  of  a   river   or   stream 
where the water velocity is such that it  may  cause   soil   or   streambank 
erosion.
  (i)  "Director"  means  the  director  of  the   department   of    natural 
resources.
  (j) "Family" means either of the following:
  (i) An individual or group of 2 or  more  persons  who   are   related   by 
blood, marriage, or adoption, together with foster children  and  servants of 
the principal occupants, with  not   more   than   2   additional   unrelated 
persons,  and  who  are  domiciled  together  as    a    single,    domestic, 
housekeeping unit in a dwelling unit.
  (ii) A collective number of individuals who are domiciled  together  in   1 
dwelling unit, whose relationship is of a  continuing  nontransient  domestic 
character, and  who  are  cooking  and  living  as   a   single,   nonprofit, 
housekeeping unit. Any society, club,  fraternity,   sorority,   association, 
lodge, organization, or group  of  students  or   other   individuals   whose 
domestic relationship is of a transitory or seasonal nature  shall   not   be 
considered a family as defined by these rules.
  (k) "Filtered view of the river" means the maintenance or  establishment of 
woody vegetation of sufficient  density  to  screen  development   from   the 
river, to provide for streambank stabilization  and   erosion   control,   to 
serve as an aid to infiltration of surface runoff, and to  provide  cover  to 
shade the water. The vegetation need not be  so  dense   as   to   completely 
block the river view. "Filtered view of the river" means no clear cutting.
  (l) "Floodplain" means land lying within  an   identified   or   documented 
100-year floodplain line. Also see subdivision (q) of this rule.
  (m) "Floodway" means the channel of a river or stream and those portions of 
the floodplain adjoining the channel which are reasonably  required  to carry 
and discharge a 100-year flood.
  (n) "Front" means that segment of a lot or parcel  abutting   the   river's 
edge of the mainstream or tributary.
  (o) "Front yard" means setback as provided for in  R  281.327(2)(a)(iv).
  (p) "Home occupation"  means  a  gainful   occupation   traditionally   and 
historically carried on in the  home  as  a  use   clearly   incidental   and 
secondary to the use of the home as a dwelling place.
  (q) "Land that is subject to flooding" means that area  of  land  adjoining 
the designated portions of river and tributaries which will  be  inundated by 
a flood which has a 1% chance of occurring or  being  exceeded  in  any given 
 year   as   determined   by   detailed   hydraulic   studies   which     are 
acceptable to the Michigan department of natural resources   or   which,   in 
the absence of such detailed floodplain studies, has a history of flooding or 
is delineated by approximate  methods,  such  as  United  States   geological 
survey flood-prone area maps or the federal  emergency  management   agency's 
special flood hazard boundary maps.
  (r) "Lot" means a continuous area  or  acreage  of  land   which   can   be 
described  for  purposes  of  transfer,  sale,  lease,   rental,   or   other 
conveyance.
  (s) "Lot area" means the area inside the lot lines.
  (t) "Lot, interior" means a lot  of  record  which  is   located   in   the 
natural river district, but which does not have frontage on  the   river   or 
designated tributaries.
  (u) "Lot of record" means a lot that actually exists   in   a   subdivision 
plat as shown on the records of the county register of   deeds   before   the 
effective date of these rules or a lot or parcel  which   is   described   by 
metes and bounds and which has been recorded at the office  of   the   county 
register of deeds.
  (v) "Natural river district" means the  Au  Sable   river   natural   river 
district as described in the provisions of R 281.325.
  (w) "Ordinary high watermark" means the  line  between   the   upland   and 
bottomland which persists through successive changes in   water   level   and 
below which the presence and action of the water is so  common  or  recurrent 
that the character of the land is marked distinctly from the  upland  and  is 
apparent in the soil itself, the configuration of the surface  of  the  soil, 
and the vegetation.
  (x) "Rear yard" means that yard opposite the front yard  and  includes  the 
required minimum horizontal distance between any portion of  a  principal  or 
accessory building and the rear lot line.
  (y) "Reforestation" means the renewal of vegetative   cover   by   seeding, 
planting or transplanting.
  (z) "River's edge" means the ordinary high  watermark  as   used   in   the 
provisions of Act No. 346 of the Public Acts of 1972,   being   S281.951   et 
seq. of the Michigan Compiled Laws, and as defined in  subdivision   (w)   of 
this rule.
  (aa) "Setback"  means  the  required  horizontal   distance   between   any 
portion of a structure and the river's edge, measured  at   the   structure's 
closest point to the river's edge.
  (bb) "Side yard" means the required minimum  horizontal  distance   between 
any portion of a principal or accessory building and the side lot line.
  (cc) "Single-family dwelling" means  a  detached   building,   or   portion 
thereof, which is used exclusively  for  residential   purposes,   which   is 
designed for, or occupied exclusively by, 1  family,   and   which   contains 
housekeeping facilities.
  (dd) "Soil erosion and sedimentation control  enforcement   agency"   means 
the local  agency  that  is  appointed  by   the   appropriate   governmental 
subdivision to enforce the provisions of Act No. 347 of the  Public  Acts  of 
1972, as amended, being S282.101 et seq. of the Michigan Compiled Laws.
  (ee) "Structure" means anything that is constructed, erected,  or  moved to 
or from any premises which is located  above,  on,  or  below   the   ground, 
including buildings, roads,  signs,  billboards,   satellite   antennas   and 
other  communication  structures,  fences,  and   mobile   homes.   Temporary 
recreational facilities, including tents, camper  trailers,  and   recreation 
vehicles, are not considered structures when used less than   30   days   per 
year and located landward of the natural vegetation strip.
  (ff) "Zoning administrator" means the administrator of these  rules  who is 
appointed by the natural resources commission.
  (gg) "Zoning permit" means a standard form which is issued  by  the  zoning 
administrator when it is determined  that  the   proposed   construction   of 
buildings and structures and the proposed use of land   and   buildings   and 
structures thereon is in compliance with all provisions of these rules.
  (hh) "Zoning review board" means a group of not less than   3,   nor   more 
than 7, people which includes not less than 2 local  representatives  and   1 
department of natural resources representative and which  is   appointed   by 
the commission to act upon requests as provided for by these rules.

  History:  1990 AACS.


R  281.322   Purpose; intent; scope.
  Rule 2. (1) The commission, on its own motion, in order  to  implement  the 
intent of Act No. 231 of the Public Acts of 1970, being S281.761  et  seq.
of the Michigan Compiled Laws, and in  the  absence  of   local   zoning   to 
protect the Au Sable river, a designated natural  river,  promulgates   these 
zoning rules for the following purposes:
  (a) To promote the  public  health,  safety,  and   general   welfare,   to 
prevent economic and ecological damage due to  misuse,   unwise   development 
patterns, overcrowding, and overuse within the natural river district, and to 
preserve the values of the natural  river  district  for   the   benefit   of 
present and future generations.
  (b) To protect the free-flowing condition, fish,   aquatic   and   wildlife 
resources, water quality, scenic and aesthetic  qualities,   and   historical 
and recreational values of the Au Sable river and adjoining land.
  (c) To prevent  flood  damage  due  to  interference   with   the   natural 
floodplain characteristics by excluding developments which are  vulnerable to 
flood damage and which may reduce the capacity of the floodway  of  the river 
to withstand flooding conditions.
  (d) To provide for uses that complement the  natural   characteristics   of 
the natural river system.
  (e) To protect individuals from investing funds  in   structures   proposed 
for location on lands  unsuited  for  such  development   because   of   high 
groundwater, erosion, or vulnerability to flood damage.
  (f) To achieve the goals and objectives of the Au   Sable   river   natural 
river plan.
  (2) It is the general intent of these rules to define terms  used  and   to 
regulate and restrict lot coverage and use,   population   distribution   and 
density, and the size and location of all structures by  the  delineation  of 
permitted uses and development standards so as  to   promote   the   purposes 
identified in this rule.  It  is  further  intended  to   provide   for   the 
administration and enforcement of these rules and to  provide  penalties  for 
their violation.
  (3) It is not the intent of these rules to revoke, annul,  cancel,  or   in 
any way impair or interfere with existing provisions of  law,  ordinances, or 
any rules, regulations, or  premises  or  with   any   private   restrictions 
placed upon property by covenant or deed. However, where  provisions  of  law 
are less restrictive than the provisions of Act No. 231 of the Public Acts of 
1970, being S281.761 et seq. of the Michigan  Compiled  Laws,  and  the rules 
promulgated thereunder, the provisions of Act No. 231 of the  Public Acts  of 
1970, and the rules promulgated thereunder shall apply.

  History:  1990 AACS.


R  281.323   Construction of language; severability.
  Rule 3. (1) All of the following rules of construction apply to the text of 
these rules:
  (a) The particular shall control over the general.
  (b) In the case of any difference of meaning or  implication  between   the 
text of these rules and  any  caption  or  illustration,   the   text   shall 
control.
  (c) The word "shall" is always mandatory and not  discretionary.  The  word 
"may" is permissive.
  (d) Words used in the present tense shall include the future. Words used in 
the singular number  shall  include   the   plural   and   the   plural   the 
singular, unless the context clearly indicates the contrary.
  (e) A "building" or "structure" includes any part thereof.
  (f) The phrase "used  for"  includes  "arranged   for,"   "designed   for," 
"intended for," "maintained for," or "occupied for."
  (g)  The  word  "person"  includes  an  individual,   a   corporation,    a 
partnership, an incorporated association, or any other similar entity.
  (h)  Unless  the  context  clearly  indicates  the   contrary,   where    a 
regulation involves 2 or more items,  conditions,   provisions,   or   events 
connected by the conjunction "and," "or,"  or  "either  .  .   .   or,"   the 
conjunction shall be interpreted as follows:
  (i) "And" indicates that all of  the  connected   items,   conditions,   or 
provisions shall apply.
  (ii) "Or" indicates that the connected items,  conditions,  provisions,  or 
events may apply singularly or in any combination.
  (iii) "Either . . . or" indicates that the  connected  items,   conditions, 
provisions, or events shall apply singularly, but not in combination.
  (i) Terms not defined in these rules shall have  the  meanings  customarily 
assigned to them.
  (2) In any case in which the provisions of these rules  are   declared   by 
the courts to be unconstitutional or invalid, such ruling  shall  not  affect 
the validity of the remaining provisions of these rules and   to   this   end 
the provisions of these rules are declared to be severable.

  History:  1990 AACS.


R  281.324   Lot size and area; subdivision  of  land;  home  occupations;
  natural vegetation strip; signs; docks.
  Rule 4. (1) Unless otherwise provided for within these rules,  any  lot  or 
parcel of property created after the effective date  of   these   rules,   or 
amendments thereto, shall have a minimum area of 50,000 square  feet  and   a 
minimum average width of 200 feet throughout the  length  of   the   lot   or 
parcel on the Au Sable river main stream, south branch  and   north   branch, 
and  a  minimum  average  width  of  150  feet  on   all   other   designated 
tributaries. The average lot width shall be based on the   average   of   the 
combined widths of the front and rear lot lines.
  (2) A lot that exists on the effective date of this  rule,   or   amendment 
thereto, 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   the 
provisions of Act No. 288 of the Public Acts of 1967,   as   amended,   being 
S560.101 et seq. of the Michigan Compiled Laws, 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 
provided in R 281.329.
  (4) Lots of record which are created before the effective  date  of   these 
rules, or amendments thereto, and which do  not   possess   sufficient   land 
area or lot width may be used for  the  purposes   described   within   these 
rules, subject to the requirements provided for in R 281.329.
  (5) Home occupations shall conform to all of the following requirements:
  (a) Only members of the immediate family who  reside   on   the   premises, 
plus 1 additional person, may engage in home occupations.
  (b) The use of the dwelling unit, or related  structure,   for   the   home 
occupation shall be clearly incidental and  subordinate  to   its   use   for 
residential purposes. The home occupation shall not occupy more  than  20% of 
the aboveground floor area of the  dwelling  unit   or   300   square   feet, 
whichever is greater.  This  requirement  shall  apply   whether   the   home 
occupation is contained wholly within the  dwelling  unit   or   utilizes   a 
garage.
  (c) There shall be no change in the outside appearance of  the  dwelling or 
any other visible evidence of the conduct  of  the  home  occupation  in  the 
dwelling; however, there may be 1 sign which is not  more   than   2   square 
feet in area, is nonilluminated, and is mounted against the   wall   of   the 
dwelling. The home occupation shall be  conducted   and   operated   entirely 
within the confines of the dwelling.
  (d) The home occupation shall be operated in  its   entirety   within   the 
principal dwelling unit and attached or detached garage.
  (e) Only products produced on the premises by a home  occupation   may   be 
sold. Only services provided on the premises by a home  occupation   may   be 
sold. This does not preclude the storage of products not  produced   on   the 
premises if such storage  does  not  exceed  the   floor   area   requirement 
specified in subdivision (b) of  this  subrule  or   contain   explosive   or 
highly flammable material.
  (f) Traffic shall not be generated by a home occupation in a volume that is 
more than 20% of the average volume  normally  expected  for  the   type   of 
dwelling unit to which the home occupation is  associated.  Average   volumes 
shall be based on current trip generation guidelines as issued  in  the  1987 
edition of the institute of transportation  engineers'  publication  entitled 
"Trip Generation, fourth edition," which are herein adopted by  reference.
The guidelines are available for review or  purchase  from   the   Land   and 
Water Management Division of the Michigan Department  of  Natural  Resources, 
P.O. Box 30028, Lansing, Michigan 48909, or  may  be   purchased   from   the 
Institute of Transportation Engineers, 525 School Street   SW,   Suite   410, 
Washington, DC 20024-2729, at a cost of $125.00.
  (g) Equipment or a process shall not be used in a home  occupation  if   it 
creates noise, vibration, glare, fumes, odors,  or  electrical   interference 
off the premises  which  is  detectable  to  the  normal   senses   and   the 
occupation is conducted in a single-family dwelling unit  or  its  associated 
garage or outside the dwelling unit if  the  occupation   is   conducted   in 
other than  a  single-family  dwelling  unit  or  its  associated  garage.
Equipment or a process shall not be used if it creates  visual   or   audible 
interference in any radio or television  receivers  off   the   premises   or 
causes fluctuation in line voltage off the premises.
  (6) Within the natural river district,  a   75-foot   minimum   restrictive 
cutting belt shall be maintained on each side of the   main   stream,   south 
branch and north branch of the Au  Sable  river,  and   a   50-foot   minimum 
restrictive cutting belt shall be maintained on each  side   of   all   other 
designated tributaries. Trees and shrubs may be pruned for a filtered view of 
the river, but  clear  cutting   in   the   natural   vegetation   strip   is 
prohibited. The natural vegetation strip is also subject  to   all   of   the 
following provisions:
  (a) Dead, diseased, unsafe, or  fallen  trees  and   noxious   plants   and 
shrubs, including poison ivy and poison sumac may be removed
  (b) The selected removal or trimming of trees for timber harvest, access or 
woodlot improvements, landscaping,  or  public  utility  lines   to   service 
private single-family dwellings and other permitted uses  is  permitted  upon 
approval of the zoning administrator.
  (c) Camping is not permitted in the natural vegetation strip.
  (7) In addition to the signage standards specified  in   R   281.327,   all 
signs shall be in compliance with all of the following provisions:
  (a) Be stationary with no moving parts.
  (b) Be constructed of natural materials and earth tone  colors   to   blend 
with the surrounding environment.
  (c) Not be attached to trees  or  shrubs  unless  the   sign   is   located 
outside the natural vegetation strip.
  (d) Not be illuminated unless it can be demonstrated  that  illumination is 
necessary for the purposes of traffic safety or other such purpose,  in which 
case the zoning administrator may approve an illuminated sign.
  (8) Private boat docks shall be in conformance with all  of  the  following 
requirements:
  (a) Docks shall not be more than 4 feet in width and 12  feet  in   length, 
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 
natural surroundings. The use of natural, native materials is  encouraged.
  (c) Unless provided for  within  these  rules,  only  1   dock   shall   be 
constructed per lot.
  (d) Where regulations permit multiple docks, such docks   may   be   placed 
side by side.

  History:  1990 AACS.


R  281.325   Boundaries; interpretation of boundaries;  filing  of  zoning
  map.
  Rule 5. (1) The boundaries of the Au Sable river  natural  river   district 
shall be as described in these rules and as depicted on  the   certified   Au 
Sable river natural river zoning map. The Au  Sable   river   natural   river 
zoning district comprises an area which is described as follows:
  (a) The Au Sable river from the confluence of Kolka  creek   and   Bradford 
creek in section 23, T28N, R4W in Crawford county to Loud  dam   in   section 
21, T24N, R6E in Iosco county.
  (b) Kolka creek from the outfall of Lynn lake in section 26,  T29N,  R4W in 
Otsego county to its confluence with  Bradford  creek  in  section  23, T28N, 
R4W in Crawford county.
  (c) Bradford creek from the outfall of Big Bradford lake  in   section   6, 
T28N, R3W in Crawford county to its confluence with Kolka  creek  in  section 
23, T28N, R4W.
  (d) East branch, Au Sable river, from the  outfall  of   Barnes   lake   in 
section 7, T28N, R2W in Crawford county to  its  confluence   with   the   Au 
Sable river in section 8, T26N, R3W.
  (e) South branch, Au Sable river, from highway M-76 in  section  5,   T23N, 
R1W in Roscommon county to its confluence  with  the  Au   Sable   river   in 
section 8, T26N, R1W in Crawford county.
  (f) Douglas creek from its  headwaters  in  section  16,   T25W,   R1W   in 
Crawford county to its confluence with the south branch of   the   Au   Sable 
river in section 18, T25N, R1W.
  (g) Thayer creek from  its  headwaters  in  section  16,   T25N,   R2W   in 
Crawford county to its confluence with the south branch of   the   Au   Sable 
river in section 7, T25N, R1W.
  (h) Hudson creek from  its  headwaters  in  section  26,   T24N,   R2W   in 
Roscommon county to its confluence with the south branch of  the   Au   Sable 
river in section 12, T24N, R2W.
  (i) Robinson creek from its  headwaters  in  section  7,   T23N,   R2W   in 
Roscommon county to its confluence with the south branch of  the   Au   Sable 
river in section 5, T24N, R2W.
  (j) Beaver creek from  its  headwaters  in  section  25,   T25N,   R4W   in 
Crawford county to its confluence with the south branch of   the   Au   Sable 
river in section 31, T25N, R2W.
  (k) East creek from its headwaters in section 13, T24N,  R1W  in  Roscommon 
county to its confluence with the south branch of the Au   Sable   river   in 
section 16, T24N, R1W.
  (l) South creek  from  its  headwaters  in  section  35,   T24N,   R1W   in 
Roscommon county to its confluence with the south branch of  the   Au   Sable 
river in section 28, T24N, R1W.
  (m) North branch, Au Sable river, from Ski Slope drive   in   section   34, 
T30N, R3W in Otsego county to its confluence with the Au   Sable   river   in 
section 1, T26N, R1W in Crawford county.
  (n) Turtle creek from the outfall of Turtle lake in   section   33,   T30N, 
R2W in Otsego county to its confluence with the north  branch   of   the   Au 
Sable river in section 20, T29N, R2W.
  (o) Chub creek from the outfall of Bridge lake in section 23, T29N,  R3W in 
Otsego county to its confluence with the north branch of the  Au  Sable river 
in section 20, T29N, R2W.
  (p) Big creek from the confluence of the east branch of   Big   creek   and 
the west branch of Big creek in section 23, T27N, R1W in  Crawford  county to 
its confluence with the north branch of the Au Sable river  in   section  27, 
T27N, R1W.
  (q) West branch, Big creek, from the outfall of Caulkins  lake  in  section 
14, T29N, R1W in Otsego county to its confluence with the  east   branch   of 
Big creek in section 23, T27N, R1W in Crawford county.
  (r) Middle branch, Big creek, from the outfall  of  West   Twin   lake   in 
section 32, T29N, R1E in Montmorency county to  its   confluence   with   the 
east branch of Big creek in section 13, T27N, R1W in Crawford county.
  (s) East branch, Big creek, from the north section line  of   section   27, 
T28N, R1E in Oscoda county to its confluence with the west  branch   of   Big 
creek in section 23, T27N, R1W, in Crawford county.
  (t) Big creek from the confluence of the east branch of   Big   creek   and 
the west branch of Big creek in section 24, T26N, R1E in  Oscoda  county   to 
its confluence with the Au Sable river in section 1, T26N, R1E.
  (u) West branch, Big creek, from its headwaters in section 1, T24N,  R1E in 
Ogemaw county to its confluence with the  east  branch  of   Big   creek   in 
section 24, T26N, R1E in Oscoda county.
  (v) East branch, Big creek, from its headwaters in section 10, T25N, R2E in 
Oscoda county to its confluence with the  west  branch  of   Big   creek   in 
section 24, T26N, R1E.
  (w) Sohn creek from its headwaters in section 20, T27N,   R1E   in   Oscoda 
county to its confluence with the Au Sable river in section 4, T26N,  R1E.
  (x) Beaver creek from the east section line of section 26,  T17N,  R1E   in 
Oscoda county to its confluence with the Au  Sable  river   in   section   3, 
T26N, R1E.
  (y) Wolf creek from its headwaters in section 19, T26N,   R3E   in   Oscoda 
county to its confluence with the Au Sable river in section 7, T26N,  R3E.
  (z) Loud creek from its headwaters in section 29, T26N,   R3E   in   Oscoda 
county to its confluence with the Au Sable river in section 17, T26N, R3E.
  (aa) Perry creek from the outfall of Perry lake in section 9, T27N,  R3E in 
Oscoda county to its confluence with the Au Sable river in  section  9, T26N, 
R3E.
  (bb) Comins creek from its headwaters in section 27, T27N,  R3E  in  Oscoda 
county to its confluence with the Au Sable river in section 11, T26N, R3E.
  (cc) Glennie creek from its headwaters  in  section  30,   T27N,   R4E   in 
Oscoda county to its confluence with the Au  Sable  river   in   section   7, 
T26N, R4E.
  (dd) Nine Mile creek from its headwaters in section  28,   T26N,   R4E   in 
Oscoda county to its confluence with the Au Sable  river   in   section   23, 
T26N, R4E.
  (ee) Blockhouse creek from its headwaters in section 28,   T27N,   R4E   in 
Oscoda county to its confluence with the Au Sable  river   in   section   20, 
T26N, R5E, in Alcona county.
  (ff) The lands lying within 400 feet  of  the  river's   edge   which   are 
enumerated in subdivisions (a) to (ee) of this subrule.
  (2) Where uncertainty exists with  respect  to  the   boundaries   of   the 
district as shown on the zoning map, all  of  the   following   rules   shall 
apply:
  (a) Boundaries indicated as approximately following   the   centerline   of 
streets or highways shall be construed to follow such centerline.
  (b) Boundaries indicated as approximately following lot  lines   shall   be 
construed as following such lot lines.
  (c) Boundaries  indicated  as  approximately   following   city,   village, 
township, or county boundary lines shall be construed   as   following   such 
city, village, township, or county boundary lines.
  (d) Boundaries indicated as following railroad lines shall be  construed to 
be midway between the right-of-way lines.
  (e) Boundaries indicated as following shorelines shall  be   construed   to 
follow such shorelines, and, in the event of  change   in   the   shorelines, 
shall be construed  as  moving  with  the   actual   shorelines;   boundaries 
indicated as approximately following the centerline   of   streams,   rivers, 
canals, lakes, or other bodies of water shall be construed  to  follow   such 
centerline.
  (f) Boundaries indicated  as  parallel  to  or   extensions   of   features 
indicated in  subdivisions  (a)  to  (e)  of  this  subrule   shall   be   so 
construed. Distances that are not specifically indicated  on   the   official 
zoning map shall be determined by the scale of the map.
  (g) Where physical or natural features existing on  the   ground   are   at 
variance with  those  shown  on  the  official  zoning  map   or   in   other 
circumstances are not covered by the provisions of subdivisions (a) to (f) of 
this subrule, the zoning  review   board   shall   interpret   the   district 
boundaries.
  (h) Insofar as a portion of all of the district may be  indicated  on   the 
zoning map by a pattern which, for the sake of map clarity,  does  not  cover 
public right-of-way, it is  intended  that  such   district   boundaries   do 
extend to the center of any public right-of-way.
  (3) Certified copies of the Au Sable  river  natural   river   zoning   map 
shall be filed with all of the following entities:
  (a) The state tax commission.
  (b) Local tax assessing officers.
  (c) Township and county clerks.
  (d) The natural rivers  unit  of  the  Michigan   department   of   natural 
resources.

  History:  1990 AACS.


R  281.326   Zoning  permits;   site   plans;   certificates   of   zoning
  compliance.
  Rule 6. (1) A building or other structure shall not  be   erected,   moved, 
added to, or structurally altered, and a land use shall  not  be   commenced, 
without a zoning permit as specified by these  rules  and   issued   by   the 
zoning administrator. Permits shall not be required for exempt  activities as 
specified in R 281.327(1). Plans  submitted  in  application  of   a   zoning 
permit shall contain the necessary information  for  determining   compliance 
with these rules.
  (2) Concurrent with applying for a zoning  permit,   an   applicant   shall 
submit a site plan of the  proposed  development.  Such   site   plan   shall 
include  the  entire   area   proposed   for    development.    The    zoning 
administrator, in the case of a principal use application,  or   the   zoning 
review board, in the case of a special use  application,   shall   have   the 
authority to require adjustments in the  site  plan  as   a   condition   for 
approval if such adjustments are  deemed  necessary  to   ensure   that   the 
proposed development meets all standards contained in these  rules  and  does 
not excessively disturb the  natural  river  environment   or   the   general 
character  of  the  area.  Except  as  otherwise  waived   by   the    zoning 
administrator, in the case of a principal use application,  or   the   zoning 
review board, in the case of a special use application, a  site  plan   shall 
show and include all of the following, either existing or proposed:
  (a) Site plan drawn to scale, with the scale indicated.
  (b) Property dimensions.
  (c) The  size,  shape,  use,  and  location  of   existing   and   proposed 
buildings  or  improvements,  including  distances   to   adjacent   property 
boundaries and the river's edge.
  (d) Existing vegetation, including the location and type.
  (e) Adjacent streets and highways.
  (f) Parking areas.
  (g) Bluff heights.
  (h) Entrances to public streets.
  (i)  A  description  of  the   building    design,    including    proposed 
construction materials.
  (j) Drainage facilities.
  (k) The location and description of the method to   dispose   of   sanitary 
wastes.
  (l) Proposed landscaping.
  (m) The location of footpaths.
  (n) Signs proposed, including the size, location, and material.
  (o) North arrow.
  (p) Date of drawing.
  (q) Detailed site location map.
  (r) Any additional information deemed by  the   zoning   administrator   or 
zoning review board to be necessary to carry out   the   administrator's   or 
board's duties. Examples of such information include the following:
  (i) Soil types.
  (ii) Topography.
  (iii) Building elevations.
  (iv) Site photographs.
  (v) Anticipated traffic volumes.
  (vi) Traffic circulation patterns.
  (vii) Other pertinent site information.
  (3) A building, structure, lot, or use for which  a   zoning   permit   has 
been issued shall not be occupied or used until  the   zoning   administrator 
has, after final inspection, issued a  certificate   of   zoning   compliance 
indicating compliance with all of the provisions of  these  rules.   However, 
the issuance of a certificate of compliance  shall  not   be   construed   as 
waiving any provision of these rules.  Buildings   accessory   to   dwellings 
shall not require separate certificates of zoning compliance,  but   may   be 
included in the certificate of zoning compliance  for   the   dwelling   when 
shown on the site plan and  when  completed  at  the  same   time   as   such 
dwellings. A record of all certificates issued shall be kept   on   file   in 
the office of the zoning administrator. Certificates  of  zoning   compliance 
are for the purposes of these  rules  and  shall  not   be   interpreted   as 
substitutes for certificates  of  occupancy  required   by   local   building 
codes.

  History:  1990 AACS.


R  281.327   Land use and development standards.
  Rule 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 permitted by right which  are   not   subject   to 
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 outlined in R 281.324(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 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 described in R 281.324(6).
  (vi) Private footpaths that are constructed by the  landowner  of   natural 
materials to facilitate access to permitted uses.
  (vii) Residential identification signs subject to the   provisions   of   R 
281.324(7) and provided that both of the following  provisions  are  complied 
with:
  (A) Signs shall serve to identify the name of   dwelling   occupants   only 
and not to advertise a business or service.
  (B) One sign shall be permitted per lot or parcel, which   shall   not   be 
more than 1 square foot in area.
  (viii) Real estate signs, if all the following  provisions   are   complied 
with:
  (A) A sign shall be of a temporary nature and shall not be  more   than   4 
square feet.
  (B) One sign shall be allowed per parcel, which shall not  be  located   in 
the natural vegetation strip.
  (C) A sign shall be removed within 14 days of the sale  of  the  advertised 
parcel.
  (ix) "No Trespassing" signs if such signs are not  more   than   1   square 
foot in area and are spaced a minimum of 100 feet apart.
  (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  the   following   provisions   are 
complied with:
  (A) Only 1 dwelling shall be permitted per lot of record.
  (B) Each lot shall be a minimum of 50,000 square feet.
  (C) A dwelling lot along the Au Sable river main stream,  north  branch  or 
south branch, shall have a minimum average width of   200   feet   throughout 
its length. A dwelling lot along any other designated tributary shall have  a 
minimum average width of 150 feet throughout its length.
  (D) Building setback for lots, including all  appurtenances  and  accessory 
buildings, shall be a minimum of 200 feet from the ordinary high watermark on 
the main stream, north branch and south branch, and  100  feet  on  all other 
designated tributaries. The setback may  be  decreased  1  foot  for every  1 
foot rise in bank height  to  a  minimum  of  150  feet  from   the  ordinary 
high watermark on the main stream, north branch and south branch,  and  to  a 
minimum of 75 feet from the ordinary high watermark on all  other  designated 
tributaries. 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.
  (E) Side yards shall be a minimum of 10 feet from side lot lines.
  (F) Rear yard setback shall be a minimum of 25 feet from   the   rear   lot 
line. In many instances, the rear lot line of  lots   with   river   frontage 
will coincide with the right-of-way line of a public or private road.
  (ii) Accessory buildings that meet the setback  requirements  of  paragraph 
(i) of this subdivision; however, the rear yard setback may be reduced  to 15 
feet.
  (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 Au 
Sable 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.
  (viii) Home occupations.
  (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 Au Sable 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  to  be  anticipated 
under the exempt and principal uses. To  ensure  that  such   uses   do   not 
contravene the goals and objectives of the Au Sable   river   natural   river 
plan and these rules, and to ensure compatibility with  adjacent  uses,  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) Cabins shall  not  be  operated  as  motels,  but   may   offer   light 
housekeeping services.
  (B) 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.
  (C) Each cabin  and  all  associated  buildings,   structures,   or   other 
related devices shall be set back a minimum of 40 feet  from   all   property 
lines and 200 feet from the ordinary high watermark.
  (D) Parking for the cabins shall be limited to 2 spaces   per   cabin   and 
the spaces shall be located to the rear (landward side) of  the  building.
  (E) The exterior of a cabin shall be constructed   of   natural   materials 
with  natural  or  earth  tone  colors  to  blend   with   the    surrounding 
environment.
  (F) Cabins or grounds shall not contain  signage   within   the   district, 
except for directional signage that is not more than 1 square  foot  in  area 
per sign. Directional signage shall  be  for  the   purposes   of   directing 
vehicular  and  pedestrian  traffic  to  cabins  and   facilities   and   for 
identifying individual cabins. Signage  shall  not  be   visible   from   the 
river.
  (G) 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 281.324 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) Campgrounds shall be a minimum of 10 acres.
  (C) A commercial enterprise shall not be permitted  to   operate   in   the 
campground, except that a convenience goods shopping building  that  is   not 
more than 1,500 square feet may be provided in campgrounds  that  have   more 
than 140 sites. The exterior of such buildings  shall   be   constructed   of 
natural material. The building shall not be more than 1 story  in  height.
  (D) Each site  and  all  associated  buildings,   structures,   and   other 
related devices shall be set back a minimum of 50 feet  from   all   property 
lines and 300 feet from the ordinary high watermark.
  (E) 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 indigenous to the area or as approved by the zoning review board.
  (F) Vehicular parking shall  be  limited  to  2   spaces   per   individual 
camping site.
  (G) A camping site shall not have more than 4 sites per acre.
  (H) A campground shall not contain signage within  the   district,   except 
for directional signage that is not more than 1 square foot   in   area   per 
sign. Directional signage shall be for the purposes  of  directing  vehicular 
and pedestrian traffic to camping sites and facilities  and  for  identifying 
individual campsites. Signage shall not be visible from the river.
  (I) 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  canoes  and   boats,   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 
exterior of the building shall be constructed  of   natural   material.   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.
  (F) The livery shall not contain signage within the  district,  except  for 
directional signage that is not more than 1 square foot in area per  sign.
Directional signage shall be for  the  purpose  of   directing   patrons   to 
parking areas and launch sites. Signage shall  not  be   visible   from   the 
river.

  History:  1990 AACS.


R  281.328   Application and approval; procedures and standards; principal
  uses and special uses.
  Rule 8. (1) The application for a principal use shall  be   submitted   and 
processed under the following procedures:
  (a) An application for a principal use shall be made  on   an   application 
form that is available from the zoning administrator and  returned   to   the 
zoning administrator. A completed application shall  contain   all   of   the 
following information:
  (i) A  completed  application  form  signed  by  the   applicant   or   the 
applicant's representative.
  (ii) Two copies of  a  site  plan  that  meets  the   requirements   of   R 
281.326(2).
  (iii) Evidence of ownership or legal interest in the  property  affected by 
the application for a principal use.
  (b) Within 15 days of receipt of an application for a  principal  use,  the 
zoning administrator shall notify the applicant of the  need  for  additional 
information.
  (c) Within 30 days of receipt of a  completed   application,   the   zoning 
administrator shall issue or deny a permit. If a permit is denied,  notice of 
the denial, together with the reasons for the denial, shall be sent   to  the 
applicant.
  (d) Concurrent with the issuance of a zoning permit,  an  applicant   shall 
receive a copy of the approved site plan.
  (e) Before commencing construction of  a  principal   use,   an   applicant 
shall display the permit required by these rules face out  in  a  conspicuous 
place  facing  the  nearest  street  or  roadway  and   shall   display    it 
continuously until  the  purpose  for  which  the  permit   was   issued   is 
completed.
  (f) Zoning permits are valid for 1 year and are   not   transferable.   All 
buildings shall be completed within 1 year from the date   of   issuance   of 
the zoning permit. However, 1 extension may be authorized   by   the   zoning 
administrator, in writing, for a period of  not  more  than   6   months   if 
conditions pertaining to  the  issuance  of  the   original   permit   remain 
unchanged. Application for  an  extension  shall  be   made   before   permit 
expiration. Any subsequent extensions shall have the  written   approval   of 
the zoning review board.
  (2) The application for a special use  permit  shall   be   submitted   and 
processed under the following procedures:
  (a) An application for  a  special  use  permit  shall  be   made   on   an 
application form that is  available  from  the   zoning   administrator   and 
returned to  the  zoning  administrator.  A   completed   application   shall 
contain all of the following information and attachments:
  (i) A  completed  application  form  signed  by  the   applicant   or   the 
applicant's representative.
  (ii) Eight copies of a site  plan  that  meets  the   requirements   of   R 
281.326(2).
  (iii) Evidence of ownership or legal interest in the  property  affected by 
the application for a special use.
  (iv) A list of all property owners, together with  their   addresses,   who 
are located within 300 feet of the applicant's  property   which   is   being 
considered for a special use.
  (b) The application, together with the 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.
  (c) The zoning review board shall conduct at least 1  public  hearing   and 
shall require all of the following notifications of  such   hearing   to   be 
made not less than 5, nor more than 15, days before  consideration   of   the 
special use application:
  (i) One notice shall be published in a newspaper which  circulates  in  the 
township in which the proposal is located.
  (ii) Notice shall be sent by first-class mail or   personal   delivery   to 
the owners of property for which approval is being considered  and   to   all 
persons identified in subdivision (a)(iv) of this subrule.
  (iii) Notice shall also be sent to all of the following entities:
  (A) The natural rivers  unit  of  the  Michigan   department   of   natural 
resources.
  (B) Local tax assessing officials.
  (C) Township and county clerks.
  (D) Local building inspectors.
  (d) In considering a special use application, the   zoning   review   board 
shall require that all of the following general standards,  in  addition   to 
those specific standards established for each special use in R 281.327(3), be 
satisfied:
  (i) That the purposes noted in R 281.322 are accomplished.
  (ii) That the proposed special use is compatible with  adjacent   uses   of 
land and the  natural  environment  and  that  the   capacities   of   public 
services and facilities are adequate.
  (iii) That 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.
  (iv) That the proposed use in combination with other  existing  uses   will 
not be a detriment to the public health, safety, and welfare.
  (e) The zoning review board may impose conditions   deemed   necessary   to 
accomplish the general and specific standards applicable  to   the   proposed 
use.
  (f) The concurring vote of a majority  of  the  members   of   the   zoning 
review board shall be required to approve a special use.
  (g) A special use granted by the zoning review board shall be valid  for  1 
year from the date of approval. If construction has not, in the   opinion  of 
the zoning review board, commenced and proceeded  meaningfully  at   the  end 
of the 1-year   period,   the   zoning   administrator   shall   notify   the 
applicant, in writing, of the expiration of the special use approval.
  (h) If it is determined by the zoning review board   that   the   applicant 
has failed to comply with any of the requirements of these   rules   or   the 
approval granted, the board, after a public  hearing   held   in   accordance 
with the provisions of subdivision (c) of this  subrule,   may   revoke   any 
special use approval.
  (i) Any application for a special use  which  has  been   denied   by   the 
zoning review board shall not be submitted for  reconsideration  unless,   in 
the opinion of the zoning administrator, new  and   significant   facts   and 
conditions exist which might result in favorable action upon resubmission.
  (j) Concurrent with the issuance of a special use  permit,   an   applicant 
shall receive a copy of the approved site plan, with conditions,  if  any.
  (k) Before commencing construction of a special use,  an  applicant   shall 
display the permit required by these rules face out in  a  conspicuous  place 
facing the nearest street or roadway and  shall   display   it   continuously 
until the purpose for which the permit was used is completed.

  History:  1990 AACS.


R  281.329   Variances and variance hearings.
  Rule 9. (1) A dimensional variance  from  any   standard   established   in 
these rules may be granted by the zoning  review  board,   after   a   public 
hearing, or in certain instances by the zoning administrator,  to   allow   a 
modification from such standard establishing  area,   yard,   height,   floor 
space, frontage, setback, or similar numerical restriction,  but  only  after 
substantive evidence establishes that there are  practical  difficulties   in 
carrying out the strict  letter  of  these  rules.  A   variance   shall   be 
permitted only when it is in harmony with the general purposes and  intent of 
these rules.
  (2) The zoning review board or zoning administrator shall  consider  all of 
 the  following  factors   in   determining   if    there    are    practical 
difficulties in carrying out the strict letter of these rules as specified in 
subrule (1) of this rule:
  (a)  How  substantial  the  variance  is  in  relation   to   the    zoning 
requirements.
  (b) Whether a substantial change will be affected in   the   character   of 
the area or a substantial detriment created for adjoining properties.
  (c) Whether the difficulty can be overcome by some  feasible  method  other 
than a variance.
  (d) Whether, in view of the manner in which the   difficulty   arose,   and 
considering all of the factors specified in subdivisions  (a)   to   (c)   of 
this subrule, the interests of justice will  be  served   by   allowing   the 
variance.
  (e) Whether the plight of the landowner is due to  circumstances  unique to 
his or her property not created by the landowner.
  (f) Whether the variance may result in a material adverse  effect  on   the 
environment.
  (3) For the purposes of these rules, the required hearing and review  of  a 
variance request by the zoning review board  shall  be  waived  for   certain 
minor  dimensional  variances   of   principal    uses,    including    legal 
nonconforming  uses.  Such  variances  shall  be  handled   by   the   zoning 
administrator, who shall consider the provisions of subrule   (2)   of   this 
rule in making a determination. The zoning administrator  shall   prepare   a 
written finding of fact detailing the reasons for approval   or   denial   of 
the minor variance request. Minor variances include any of the  following:
  (a) Setbacks for uses on lawful lots which are not more than  25%  of   the 
normal dimensional requirements. Such  uses  shall   include   principal   or 
accessory buildings or  structures  and  any   portion   thereof,   including 
additions, porches, and steps.
  (b) Setbacks for uses  on  lawful  nonconforming   lots,   including   lots 
within subdivisions, which are not more than 25% of  the  normal  dimensional 
requirements. Such uses shall include principal or  accessory  buildings   or 
structures and any portion  thereof,  including   additions,   porches,   and 
steps. Conditions may  be  imposed  on  an  applicant   before   granting   a 
variance. Such conditions shall be in writing and signed  by  the   applicant 
before the applicant receives a variance.
  (4) A land use variance is a land or building use   in   contravention   of 
any of the use requirements of these rules. The zoning  review   board   may, 
after a public hearing, in its sole discretion, grant a   variance   upon   a 
finding of unnecessary hardship,  which  may  be   found   upon   substantial 
evidence being submitted that all of the following factors   are   found   to 
exist:
  (a) That property cannot be used in a manner   consistent   with   existing 
zoning.
  (b) That the hardship results from the application of these  rules  to  the 
applicant's property.
  (c) That the hardship of which the applicant complains   is   suffered   by 
his or her property directly and is not shared by others.
  (d) That the hardship is not the result of the applicant's own  actions.
  (e) That the hardship is peculiar to the applicant's own property.
  (5) In determining whether reasonable use may be made of  the  property  as 
zoned, a reasonable economic  return  may  be  a  factor   which   could   be 
considered, but only if the applicant is in compliance with the provisions of 
subrules (1) to (4) of this rule. Whether any weight shall be given   to  the 
economic return factor shall be dependent on a determination that  the  owner 
has been deprived of all beneficial use of his or her property under existing 
zoning.
  (6) The zoning  review  board  shall,  after   finding   that   unnecessary 
hardship exists, also find that, based on adequate  evidence,  the   proposed 
use meets all of the following conditions:
  (a) The use will be harmonious with and in accordance  with   the   general 
objectives of the Au Sable river natural river plan.
  (b) The use will be designed, constructed, operated, and  maintained  so as 
to be harmonious and appropriate  in  appearance   with   the   existing   or 
intended character of the general vicinity and  that  such   use   will   not 
change the essential character of the general vicinity.
  (c) The use will not be hazardous or disturbing to   existing   or   future 
neighboring uses.
  (d) The use will be  adequately  served  by   existing   essential   public 
facilities and services, such as highways,  police   and   fire   protection, 
drainage structures, refuse disposal, and sanitation  facilities,   or   that 
the persons or agencies responsible for the establishment  of  the   proposed 
use shall be able to adequately provide any such service.
  (e) The use will not create excessive additional  requirements  at   public 
cost for public facilities and services and will not be  detrimental  to  the 
economic welfare of the local community.
  (f) The use will not involve uses, activities,  processes,  materials   and 
equipment, and conditions of operation that will  be   detrimental   to   any 
persons, property, the general welfare, or the   environmental   quality   of 
the district because of the excessive production of  traffic,  noise,  smoke, 
fumes, glare or odors or require the outdoor storage of  raw   materials   or 
discarded materials produced in the use processes.
  (g) The use will be consistent with the intent  and   purposes   of   these 
rules.
  (h) The use or the structures to be used  therefor  will   not   cause   an 
overcrowding of the land or an undue concentration of population resulting in 
degradation to the river and district.
  (i) The use plot area is sufficient, appropriate, and  adequate   for   the 
use and the reasonable anticipated operation and expansion thereof.
  (7) Upon receipt of an application for a  variance,   the   zoning   review 
board shall conduct a hearing on the request, except as   provided   for   in 
subrule (3) of this rule. The hearing and notice   procedure   shall   follow 
that established  for  special  use  applications  by  the  provisions  of  R 
281.328(2)(c). A decision shall be made within 30 days after the  hearing  to 
approve or deny the variance request. The  zoning  review  board  shall  keep 
complete and detailed records of all  its  proceedings,  which  shall include 
the minutes of its meetings, its  findings,  and   actions   taken   on  each 
matter heard by it,  including  the  final  order.  The  order  shall include 
the legal description of the property involved.  Reasons  for   the  decision 
shall be stated in writing. The board shall record  the  vote  of each member 
on each question. If a member is absent or fails to vote,   the  board  shall 
indicate such fact. All  records  shall  be  open   for   public  inspection. 
The concurring vote of a majority of the members of the zoning  review  board 
shall be necessary to effect a dimensional variance in  these  rules,  except 
that a concurring vote of 2/3 of the members of the board of appeals shall be 
necessary to grant a land use variance permitted in these rules.
  (8) The zoning review board shall not issue a land use  variance  when  the 
district allows the use as a special use.
  (9) The effect of any variance shall be to create  a   nonconforming   land 
use or structure which shall then be subject to the  terms   of   R  281.330, 
which regulates continued use.

  History:  1990 AACS.


R  281.330   Nonconforming uses, lots, and structures.
  Rule 10. (1) It is recognized that  there  exists,   within   the   natural 
river district, lots, structures, and uses of land   and   structures   which 
were lawful before these rules were promulgated or amended  which  would   be 
prohibited, regulated, or restricted under the terms  of   these   rules   or 
future amendments. It is  the  intent  of  these  rules   to   permit   legal 
nonconforming uses, structures, or lots to continue until  they  are  brought 
into conformity and, in certain instances, to permit  limited  expansion   of 
certain legal nonconforming uses and structures.
  (2) Any nonconforming (substandard) lot shall be in  compliance  with   the 
minimum requirements of  the  dimensional  requirements   of   these   rules, 
except as such substandard nonconforming lot may be used  pursuant   to   the 
provisions of R 281.329.
  (3) Where, at the effective date of the  promulgation   or   amendment   of 
these rules, a lawful use of land exists that is made  unlawful   under   the 
terms of these rules as promulgated or amended, such use may be  continued if 
 it  remains  otherwise  lawful,   subject   to   all   of   the    following 
provisions:
  (a) Such nonconforming use shall not be enlarged, increased, or extended to 
occupy a greater area of land than was occupied at the   effective   date  of 
promulgation or amendment of these rules.
  (b) Such nonconforming use shall not be moved, in whole or  in   part,   to 
any other portion of the lot  or  parcel  occupied  by  such   use   at   the 
effective date of promulgation or amendment of these   rules,   unless   such 
move would result in a greater degree of conformity with these rules.
  (c) If such nonconforming use of land ceases for any reason for a period of 
12 months, any subsequent  use  of   such   land   shall   conform   to   the 
requirements specified by these rules.
  (4)  Where  a  lawful  structure  exists  at  the   effective    date    of 
promulgation or amendment of these rules that is made  unlawful   under   the 
terms of these rules as promulgated or  amended,  such   structure   may   be 
continued  if  it  remains  lawful,  subject  to  all   of   the    following 
provisions:
  (a) Such structure shall not be enlarged  or  altered  in   a   way   which 
increases its nonconformity; however, when  a   single-family   dwelling   is 
classified  as  nonconforming,  alterations,    repairs,    and    additions, 
including accessory buildings, may be erected if the gross  floor   area   of 
all  such  alterations,  repairs,  and   additions,    including    accessory 
buildings,  is  not  more  than  50%  of  the  gross  floor   area   of   the 
nonconforming dwelling, cumulative from the date of  nonconformance  to   the 
date  of  the  request  if  any  enlargement  to   a   lawful   nonconforming 
structure, to the extent possible, is in compliance with  all   setback   and 
other  building  requirements.  Expansion  of   a    lawful,    nonconforming 
single-family dwelling shall be handled as  a  variance   pursuant   to   the 
provisions of R 281.329.
  (b) If such nonconforming structure is destroyed  by  any   means   to   an 
extent of more  than  60%  of  its  replacement  cost,  it   shall   not   be 
reconstructed for its original nonconforming use.
  (c) Such nonconforming structure shall not be  moved,  in   whole   or   in 
part, to any other portion of the lot or parcel occupied by such structure at 
the effective date of promulgation or amendment of these rules,   unless  the 
move would result in a greater degree of conformity with these  rules.

  History:  1990 AACS.


R  281.331   Zoning administrator and zoning  review  board;  appointment;
  duties.
  Rule 11. (1) The commission shall appoint  a   zoning   administrator   and 
zoning review board to act as its agents to enforce these rules.
  (2) The duties of the zoning administrator include the following:
  (a) Provide necessary forms and applications  and   receive   and   process 
applications.
  (b) Determine and verify zoning compliance when   the   applicant's   plans 
are found to conform with the provisions of these rules.
  (c) Conduct site inspections to ensure compliance with these rules.
  (d) Issue any authorized permits and certificates of zoning  compliance.
  (e) Identify and record information relative to nonconformities.
  (f)  Maintain  files  of  applications,  permits,   and   other    relevant 
documents.
  (g) Schedule meetings and hearings for, and provide  assistance   to,   the 
zoning review board.
  (h) Act on variances as permitted by the provisions of R 281.329(3).
  (3) The duties of the zoning review board are as follows:
  (a) Adopt rules of procedure governing the transaction of its  business.
  (b) Act upon requests for special use permits.
  (c) Act on certain dimensional and land use variances   pursuant   to   the 
provisions of R 281.329.
  (d) Act on the interpretation of the official zoning map  pursuant  to  the 
provisions of R 281.325(2)(g).
  (4) In establishing  the  zoning  review  board,   the   commission   shall 
cooperate with, and seek the advice of, all of the following entities:
  (a) Affected townships and counties.
  (b) Soil conservation districts.
  (c) Property owners' associations.
  (d) Other interested local organizations and citizens.
  (5) The commission shall request each affected  township   to   appoint   1 
person to represent its interest on matters within  its   jurisdiction.   The 
commission shall request each affected county  to  appoint   2   persons   to 
represent its interests on matters within its jurisdiction. One  of   the   2 
persons shall be a county official who works in  planning,   zoning,   public 
health, soil erosion and sedimentation control, or a   related   field.   The 
commission shall request that each  affected   soil   conservation   district 
appoint  1  person  to  represent  its  interest  on   matters   within   its 
jurisdiction. Representatives appointed pursuant to this  rule   shall   vote 
only on those matters within their respective  jurisdictions.   If   affected 
townships, counties, or soil conservation districts do not appoint someone to 
represent them within 60 days from  the  request  by  the   commission,   the 
commission may make appointments on its own motion.
  (6) In accord with procedures specified in subrule (5) of  this  rule,  the 
commission shall request that  each  governmental   unit   and   organization 
appointing regular members to the zoning review board shall  also  appoint  1 
alternate member to represent the governmental unit  or   organization.   The 
alternate member may be called to sit as a regular member in  the  absence of 
a regular member. An alternate member may also be called  to  serve   in  the 
place of a regular member for the purpose of reaching a decision on   a  case 
in which the regular  member  has  abstained  for  reasons  of  conflict   of 
interest. The alternate member having been appointed shall   serve   in   the 
case until a final decision has been made. The alternate  member  shall  have 
the same voting rights as a regular member of the zoning review board.
  (7) The zoning review board shall hold at least 1  meeting   annually   for 
such purposes as adopting or amending  rules   of   procedure,   establishing 
officers, for educational purposes, or to conduct any manner  of  business as 
provided for by these rules.

  History:  1990 AACS.


R  281.332   Appeals; contested cases.
  Rule 12. An aggrieved party who contests  the  decision   of   the   zoning 
administrator or zoning review board shall  be  granted  a   hearing   if   a 
petition is filed with  the  director  within  60  days   after   notice   of 
disapproval is received. The hearing shall be conducted   pursuant   to   the 
provisions for contested cases of Act No. 306 of the Public Acts of  1969, as 
amended, being S24.201 et seq.  of  the  Michigan   Compiled   Laws,   and  R 
299.3071 to R 299.3081.

  History:  1990 AACS.


R  281.333   Violations; effect; remedies.
  Rule 13. (1) Uses of  land  and  dwellings,   buildings,   or   structures, 
including tents and trailer coaches, used,  erected,   altered,   razed,   or 
converted in violation of these rules are nuisances per se.
  (2) After the effective date of these rules, a building  or  structure   or 
land shall not be used or occupied, and a building or   structure   or   part 
thereof shall  not  be  erected,  constructed,   reconstructed,   moved,   or 
structurally altered, unless  the  building,  structure,  or   land   is   in 
compliance with the provisions of these rules. A permit  or  variance   shall 
not be approved, and action shall not be taken, if approval of the  permit or 
variance or the action taken violates the provisions  of  these  rules.
The commission shall not waive any of its rights or  remedies   against   any 
person who violates these  rules  if  the  violations   were   committed   in 
reliance on  an  authorization  erroneously  given  in   violation   of   any 
provisions of these rules. Any permit, variance, or action authorized that is 
contrary to the provisions of these rules is deemed illegal and invalid  from 
the date of the authorization.
  (3) In addition to all other  remedies,  the   commission   may   institute 
appropriate action or proceedings to prevent, restrain,  correct,  or   abate 
violations or threatened violations and it is the duty of  the  commission to 
institute such action.

  History:  1990 AACS.


R  281.334   Boundaries  and  permitted  uses;  changes,  amendments,  and
  supplements; precedence of local zoning ordinance over rules.
  Rule  14.  (1)  The  commission  may  make   changes,    amendments,    and 
supplements to boundaries and to permitted uses requested by a local  unit of 
 government  or  by  a   landowner   if   implementation   of   the   change, 
amendment, or supplement does not contravene the purposes of  these  rules as 
specified in R 281.322.
  (2) A local unit of government or a landowner  who   requests   a   change, 
amendment, or supplement to the boundaries or to permitted uses shall have  a 
hearing held pursuant to the provisions of sections 71 to 87 of Act  No.
306 of the Public Acts of 1969, as amended, being SS24.271   to   24.287   of 
the Michigan Compiled Laws.
  (3) Copies  of  any  changes,  supplements  to   boundaries,   or   adopted 
amendments shall be sent to all of the following entities:
  (a) The county register of deeds.
  (b) Township and county clerks.
  (c) The local building inspector.
  (d) Local soil erosion and sedimentation control  enforcement  agencies.
  (e) The soil conservation district.
  (4) Upon approval by the director, a local zoning  ordinance  which   meets 
all of the requirements of Act No. 231 of the Public Acts  of   1970,   being 
S281.761 et seq. of the Michigan Compiled Laws, Act No. 184  of  the   Public 
Acts of 1943, as amended, being S125.271 et seq. of  the  Michigan   Compiled 
Laws, or Act No. 183 of  the  Public  Acts  of  1943,   as   amended,   being 
S125.101 et seq. of the Michigan Compiled Laws,  whichever   is   applicable, 
shall take precedence over these rules. If the director  withdraws   his   or 
her approval of a local  zoning  ordinance,  or  if   the   local   ordinance 
becomes inapplicable to the land area encompassed by the   Au   Sable   river 
natural river district through court action or for any  other  reason,  these 
rules shall apply.

  History:  1990 AACS.