DEPARTMENT OF NATURAL RESOURCES

                         FOREST MANAGEMENT DIVISION

                 PERE MARQUETTE 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  281.341   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.
  (iii) Barns and other agricultural storage and livestock structures.
  (iv) Pump houses.
  (v) Wells.
  (vi) Private access roads.
  (vii) Sanitary facilities.
  (viii) 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  and  who,  together   with   foster   children, 
servants of the principal  occupants,  and  not  more   than   2   additional 
unrelated  persons,  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 the 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 main stream or tributary.
  (o) "Front yard" means setback as provided for in R 281.347(b)(i)(D).
  (p) "Home occupation" means a gainful occupation  that   is   traditionally 
and historically carried on  in  the  home  as  a  use   which   is   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 a river  and  its  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   that   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 
its 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 before the effective date of these rules.
  (v) "Natural river district" means  the  Pere   Marquette   river   natural 
river district as described in the provisions of R 281.345.
  (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.
  (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) "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.
  (cc) "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.
  (dd) "Structure" means anything which is constructed, erected, or  moved to 
or from any premises and 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 if they are used less  than  30  days 
per year and if they are located landward of the natural vegetation  strip or 
if the facilities are located on a  campsite  within  a  campground  that  is 
licensed under the provisions of Act No. 368 of the Public Acts  of  1978, as 
amended, being S333.1101 et seq. of the Michigan Compiled Laws, if  both  the 
individual campsite  and  the  campground   were   established   before   the 
effective date of these rules.
  (ee) "Zoning administrator" means the administrator of these  rules  who

is appointed by the commission.
  (ff) "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 are in compliance with all of the  provisions   of   these 
rules.
  (gg) "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 who is   familiar   with   the 
local area and which is appointed by the commission to act  upon  requests as 
provided for by these rules.

  History:  1992 AACS.


R  281.342   Purpose; intent; scope.
  Rule 2. (1) The commission, on its own motion, 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 
Pere Marquette 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 Pere Marquette 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   that   are 
proposed for location on lands which are  unsuited   for   such   development 
because of high groundwater, erosion, or vulnerability to flood damage.
  (f) To achieve the goals and objectives  of  the   Pere   Marquette   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  such  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:  1992 AACS.


R  281.343   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:  1992 AACS.


R  281.344   Lot size and area; subdivision  of  land;  home  occupations;
  natural vegetation strip; signs; docks; height of structures.
  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 Pere Marquette river main stream, big  south   branch,   little 
south branch, middle branch, and Baldwin  river,  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 281.349.
  (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 281.349.
  (5)  Home  occupations  shall  conform  to   both    of    the    following 
requirements:
  (a) 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  30% of 
the aboveground floor area of the dwelling unit. This requirement shall apply 
whether the home occupation is contained wholly within the  dwelling unit  or 
utilizes a garage.
  (b) Equipment or a process shall not be used in a home  occupation  that is 
conducted in a single-family dwelling unit or its associated garage  if  it   
creates   noise,   vibration,   glare,   fumes,    odors,    or    electrical 
interference that is detectable to the normal senses off  the  premises   and 
shall not be used in a home occupation that is conducted in  other   than   a 
single-family dwelling unit or an associated garage if  it   creates   noise, 
vibration,  glare,  fumes,  odors,  or  electrical   interference   that   is 
detectable to the normal senses outside the dwelling unit.
  (6)  Within  the  natural  river  district,  not  less   than   a   75-foot 
restrictive cutting belt shall be maintained on  each  side   of   the   main 
stream of the Pere Marquette river main stream, big  south   branch,   little 
south branch, and Baldwin river, and not less than  a   50-foot   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,   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) Signs shall not be visible from the river, except:
  (a) "No Trespassing" signs if the signs are not more than 1 square  foot in 
area and are spaced a minimum of 100 feet apart.
  (b) One identification sign of rustic design, associated   with   a   canoe 
livery, campground or rental cabins, which is not more than 6 square  feet in 
area. The sign  shall  be  for   the   purpose   of   identification   of   a 
designated watercraft landing site and shall be located  at  the   designated 
landing site.
  (c) Signs posted by public agencies to provide for public  safety  such  as 
warning of impending dangers in the river, or to identify  a  public   access 
site or campground. Such signs may need to be larger than 6  square  feet  in 
area to accomplish their designated purpose. Signs which  identify  a  public 
access site or campground shall be of rustic design.
  (8) Private boat docks shall be in compliance with all  of  the   following 
requirements:
  (a) Docks shall not be more than 4 feet in width and not   more   than   20 
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 
the  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.
  (9) Unless otherwise provided for within these rules,  a  structure   shall 
not be more than 2 1/2 stories in height, not including a basement.

  History:  1992 AACS.


R  281.345   Boundaries; interpretation of boundaries;  filing  of  zoning
  map.
  Rule 5. (1) The boundaries of the Pere  Marquette   river   natural   river 
district shall be as described in these  rules  and  as   depicted   on   the 
certified  Pere  Marquette  river  natural  river  zoning   map.   The   Pere 
Marquette river natural river zoning district comprises an  area   which   is 
described as follows:
  (a) The main stream of the Pere  Marquette  from  the   junction   of   the 
middle branch and the little south branch, commonly known  as  the   "Forks", 
located in Lake county, to the U.S. 31 highway bridges   in   Mason   county, 
excluding that portion of the river within the city of Scottville.
  (b) Swan creek from Darr road downstream to its confluence  with  the  Pere 
Marquette river.
  (c) Weldon creek from the  outfall  of  Romeo  lake   downstream   to   its 
confluence with the Pere Marquette river.
  (d) The big south branch  from  the  confluence  of   Beaver   creek   with 
Winnepesaug creek downstream to its confluence  with   the   Pere   Marquette 
river.
  (e) Cedar creek from M-37 downstream to  its  confluence   with   the   big 
south branch.
  (f) Ruby creek from its source in section 6, township 16  north,  range  15 
west, downstream to its confluence with the big south branch.
  (g) Carr creek, excluding that portion  of  the   stream   which   branches 
north in section 14, township 17 north, range 15 west,  from   north   branch 
road downstream to its confluence with the big south branch.
  (h) Sweetwater creek from its source in section 21,  township   18   north, 
range 14 west, downstream to its confluence with the Pere Marquette river.
  (i) Kinney creek from the outfall of Wingleton lake  in   section   31   of 
township 18 north, range 13 west, downstream to its   confluence   with   the 
Pere Marquette river.
  (j) Danaher creek from the C & O railroad in  section   27,   township   17 
north, range 13 west, downstream to its confluence with  the  Pere  Marquette 
river.
  (k) The Baldwin river, excluding that portion in the  village  of  Baldwin, 
from the outfall of the widewaters in section 22, township 19 north, range 12 
west, downstream to its confluence with the Pere Marquette river.
  (l) Cole creek to its confluence with the Baldwin  river,   including   the 
north branch of Cole creek, from big spring in  section   15,   township   18 
north, range 12 west, downstream to its confluence with the  south  branch of 
Cole creek; the south branch of  Cole   creek   from   the   east   line   of 
section 21, township 18 north, range 12 west, downstream  to  its  confluence 
with the north branch of Cole creek.
  (m) Bray creek from the outfall of Bray lake in section  26,  township   18 
north, range 13 west, downstream to its confluence with the Baldwin river.
  (n) Sandborn creek, excluding that portion in the   village   of   Baldwin, 
from State road downstream to its confluence with the Baldwin river.
  (o) Leverentz creek from the outfall of Leverentz lake   in   section   35, 
township 18 north, range 13 west, downstream to its   confluence   with   the 
Baldwin river.
  (p) The middle branch from Bonney road downstream to the "Forks."
  (q) Blood creek from its source in township 17  north,   range   12   west, 
downstream to its confluence with the middle branch.
  (r) The little south branch from U.S. forest service road  5309  where   it 
crosses the stream in  section  9,  township  15  north,   range   12   west, 
downstream to the "Forks."
  (s) McDuffee creek from 13 Mile road, township 16 north,  range  12   west, 
downstream to its confluence with the little south branch.
  (t) The Pease creek system, all of which  lies  in   township   18   north, 
range 12 west, Newaygo county.
  (u) The lands lying within 400  feet  of  the  river's   edge   which   are 
enumerated in subdivisions (a) to (t) 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  provisions  shall 
apply:
  (a)  Boundaries  that  are  indicated  as   approximately   following   the 
centerline of streets  or  highways  shall  be  construed   to   follow   the 
centerline.
  (b) Boundaries that are indicated as approximately  following   lot   lines 
shall be construed as following the lot lines.
  (c) Boundaries that  are  indicated  as   approximately   following   city, 
village,  township,  or  county  boundary  lines  shall   be   construed   as 
following the city, village, township, or county boundary lines.
  (d) Boundaries that are indicated as following railroad  lines   shall   be 
construed to be midway between the right-of-way lines.
  (e) Boundaries that are  indicated  as  following   shorelines   shall   be 
construed to follow the shorelines, and, in the event  of   change   in   the 
shorelines, shall be construed  as  moving  with  the  actual  shorelines.
Boundaries that are indicated as approximately following  the  centerline  of 
streams, rivers,  canals,  lakes,  or  other  bodies  of   water   shall   be 
construed to follow the centerline.
  (f) Boundaries that are  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 that exist 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 or 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 rights-of-way, it is  intended  that  the   district   boundaries   do 
extend to the center of any public right-of-way.
  (3) Certified copies of the Pere Marquette 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:  1992 AACS.


R  281.346   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 as  issued   by   the 
zoning administrator. Permits shall not be required for exempt  activities as 
specified in R 281.347(1). Plans that  are  submitted  when  applying  for  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.  The   site   plan   shall 
include the entire area that  is  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 to ensure that  the  proposed  development   meets   all   standards 
contained in these  rules.  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) 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, or lot for which a  zoning   permit   has   been 
issued shall not be occupied, and a use for which a zoning  permit  has  been 
issued shall not commence, until the zoning administrator  has,  after  final 
inspection, issued a  certificate  of  zoning   compliance   that   certifies 
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.  A  building  that  is  an   accessory   to   a 
dwelling shall not require a separate certificate   of   zoning   compliance, 
but may be included in  the  certificate  of  zoning   compliance   for   the 
dwelling if shown on the site plan and if completed at the   same   time   as 
the dwelling. A record of all certificates that are 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 that are required by 
local building codes.

  History:  1992 AACS.


R  281.347   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 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 281.344(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 281.344(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 281.344(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) A dwelling lot along the Pere Marquette river main  stream,  big  south 
branch, little south branch, middle branch, and Baldwin river  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  not  less  than  150  feet  from   the   ordinary   high 
watermark on the main stream, the  big  south  branch,   the   little   south 
branch, the middle branch, and the Baldwin river and 100 feet  on  all  other 
designated tributaries. The setback may be decreased 1 foot   for   every   1 
foot of rise in bank height to a minimum of 100  feet   from   the   ordinary 
high watermark on the main stream 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.
  (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 50 
feet to any surface or subsurface drainage system that enters into  the  Pere 
Marquette 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  Pere  Marquette  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  Pere  Marquette 
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 of 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 281.344 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.

  History:  1992 AACS.


R  281.348   Application and approval; procedures and standards; principal
  uses and special uses.
  Rule 8. (1) An 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 shall be returned to 
the zoning administrator. A completed application shall contain all   of  the 
following information:
  (i) A completed application form that is signed by the  applicant  or   the 
applicant's representative.
  (ii) Two copies of  a  site  plan  that  meets  the   requirements   of   R 
281.346(2).
  (iii) Evidence of ownership or a legal interest in the  property  that   is 
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) An 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 shall be 
returned to the  zoning  administrator.   A   completed   application   shall 
contain all of the following information and attachments:
  (i) A completed application form that is signed by the  applicant  or   the 
applicant's representative.
  (ii) Eight copies of a site  plan  that  meets  the   requirements   of   R 
281.346(2).
  (iii) Evidence of ownership or a legal interest in the  property  that   is 
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 that  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 who are 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 281.347(c), be 
satisfied:
  (i) That the purposes noted in R 281.342 are accomplished.
  (ii) 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.
  (iii) 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 that is 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) An 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 issued is completed.

  History:  1992 AACS.


R  281.349   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 as  provided in 
subrule (3) of this rule to allow  a  modification  from  a   standard   that 
establishes an 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 
consistent 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   which 
are unique to his or her  property  and  which  are  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 that details the reasons for approval  or  denial  of 
the  minor  variance  request.  Minor  variances   include   the    variances 
specified in the following provisions:
  (a) Reductions in setbacks for uses on lawful lots  that   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) Reductions in  setbacks  for  uses  on   lawful   nonconforming   lots, 
including lots within subdivisions, that 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, grant a variance upon  a   finding   of   unnecessary 
hardship, which may be found upon  substantial   evidence   being   submitted 
that all of the following factors exist:
  (a) The property cannot be used in a  manner  that   is   consistent   with 
existing zoning.
  (b) The hardship results from the application  of  these   rules   to   the 
applicant's property.
  (c) The hardship of which the applicant complains is suffered  by  his   or 
her property directly and is not shared by others.
  (d) The hardship is not the result of the applicant's own actions.
  (e) 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 consistent with and in accordance  with   the   general 
objectives of the Pere Marquette river natural river plan.
  (b) The use will be designed, constructed, operated, and  maintained  so as 
to be consistent with and appropriate in appearance with   the   existing  or 
intended character of the natural river district and that such use  will  not 
change the essential character of the natural river district.
  (c) 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 that are responsible for the  establishment  of   the 
proposed use shall be able to adequately provide any such service.
  (d) The use will not involve uses, activities,  processes,  materials   and 
equipment, and conditions of operation that will  be   detrimental   to   any 
persons, property, or the environmental quality of the  district  because  of 
the excessive production of  noise,  smoke,  fumes,  glare,   or   odors   or 
require the outdoor  storage  of  raw  materials   or   discarded   materials 
produced in the use processes.
  (e) The use will be consistent with the intent  and   purposes   of   these 
rules.
  (f) The use or the structures to be used  therefor  will   not   cause   an 
overcrowding of the land or an undue concentration of  population  that  will 
result in degradation to the river and district.
  (g) 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 
281.348(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   281.350, 
which regulates continued use.

  History:  1992 AACS.


R  281.350   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 and 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 the limited expansion of 
certain legal nonconforming uses and structures.
  (2) A 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 281.349.
  (3) Where, at the effective date of these rules 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, the  use  may  be  continued   if   it 
remains otherwise lawful, subject to all of the following provisions:
  (a) The nonconforming use shall not be enlarged, increased, or  extended to 
occupy a greater area of land than was occupied at the   effective   date  of 
these rules or  amendment  of  these   rules,   except   in   the   case   of 
campgrounds, canoe liveries, and rental  cabins  which  do   not   meet   the 
standards  for  special  uses  specified  in  R   281.347(c).   Such    legal 
nonconforming uses  may  be  expanded  if  the  increased   use   meets   the 
standards for special uses specified  in  R  281.347(c).   Expansion   of   a 
lawful, nonconforming use shall be treated as a variance  pursuant   to   the 
provisions of R 281.349.
  (b) The 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 these rules or amendment of these rules,  unless  the  move 
would result in a greater degree of conformity with these rules.
  (c) If the nonconforming use of land ceases for any reason for a  period of 
12 months, any  subsequent  use  of   the   land   shall   conform   to   the 
requirements specified by these rules.
  (4) Where a lawful structure exists at the effective date of these rules or 
amendment of these rules that is made unlawful under the terms of these rules 
as promulgated or amended, the structure  may  be  continued  if  it  remains 
lawful, subject to all of the following provisions:
  (a) The structure shall not be  enlarged  or  altered  in   a   way   which 
increases its nonconformity; however, when a single-family  dwelling   or   a 
structure associated with a campground, a canoe livery, or  rental  cabins 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 structure, 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 
structure shall be treated as a variance pursuant to the  provisions   of   R 
281.349.
  (b) If the nonconforming structure is  destroyed  by  any   means   to   an 
extent that is more than 50% of its replacement cost,  restoration   of   the 
structure shall be treated as a variance pursuant to the  provisions   of   R 
281.349. In determining whether the structure has  been   destroyed   to   an 
extent that is more than 50% of its replacement cost,   the   zoning   review 
board or zoning administrator shall use appraised   replacement   costs,   as 
determined by a qualified individual who is appointed by  the  zoning  review 
board or zoning administrator, and shall compare the  value   of   the   part 
destroyed to the value of the total operating unit where  there  are  several 
structures which are used together by the landowner as  a  single   operating 
unit. The request for restoration of a nonconforming   structure   which   is 
destroyed to an extent that is more than  50%  of   its   replacement   value 
shall be approved if all of the following conditions exist:
  (i) The land on which the  building  or  structure  is   located   is   not 
subject to flooding.
  (ii) The continued use of a nonconforming structure  will   not   lead   to 
accelerated bank erosion  or  other  material  degradation   of   the   river 
resource, and the construction of the structure is approved  by   the   local 
soil erosion and sedimentation control enforcement agency.
  (iii) The continued use conforms with local county health  codes   and   is 
approved by the local county health department.
  (iv) The continued  use  conforms  with  local  building   codes   and   is 
approved by the local building inspector.
  (v) The restoration of a damaged  structure  that  is   approved   by   the 
zoning review board or zoning administrator shall be started  within  1  year 
from the time of damage.
  (c) The nonconforming structure shall not be moved, in whole or in part, to 
any other portion of  the  lot  or   parcel   that   is   occupied   by   the 
structure at the effective date of  these  rules  or   amendment   of   these 
rules, unless the move would result in a greater degree  of  conformity  with 
these rules.

  History:  1992 AACS.


R  281.351   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 zoning administrator shall do all of 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 281.349(3).
  (3) The zoning review board shall do all of the following:
  (a) Adopt  rules  of  procedure  that  govern  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 281.349.
  (d) Act on the interpretation of the official zoning map  pursuant  to  the 
provisions of R 281.345(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 who are  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  that 
appoints regular members  to  the  zoning  review  board   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. An alternate member who is appointed shall  serve   in   the   case 
until a final decision has been made. An 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, educational purposes, or to conduct any manner   of   business   as 
provided for by these rules.

  History:  1992 AACS.


R  281.352   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:  1992 AACS.


R  281.353   Violations; effect; remedies.
  Rule 13. (1) 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 provision of these rules.  Any  authorized  permit, 
variance, or action that is contrary to the provisions of  these   rules   is 
deemed invalid from the date of the authorization.
  (2) In addition to all other  remedies,  the   commission   may   institute 
appropriate action or proceedings to prevent, restrain,  correct,  or   abate 
rule violations or threatened violations.

  History:  1992 AACS.


R  281.354   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 following  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,   if 
implementation of the change, amendment, or supplement  does  not  contravene 
the purposes of these rules as specified in R 281.342.
  (2) 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.
  (3) Upon approval by the director, a local zoning  ordinance   that   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   Pere   Marquette 
river natural river district through court action or for  any  other  reason, 
these rules shall apply.

  History:  1992 AACS.


R  281.355   Rescission.
  Rule 15. R 281.101 to R 281.114 of  the   Michigan   Administrative   Code, 
appearing on pages 134 to 144 of the 1981 annual supplement   to   the   1979 
Michigan Administrative Code, are rescinded.

  History:  1992 AACS.