Definitions From the Zoning Ordinance Pertaining to Flat River Lots
Flat River Ordinance Follows Definitions
Bluff: The top of a steep bank rising sharply from the water's
edge. If an existing flat area begins
at the water’s edge before rising into a steep bank, the bluff setback does not
apply.
Building height: The elevation measured from the
average finished lot grade at the front of the building to the highest point of
the roof.
Filtered view of river: Maintenance or establishment of woody
vegetation of sufficient density to screen new development from the river,
provide for stream bank stabilization and erosion control, serve as an aid to
infiltration of surface runoff and provide cover to shade the water. It need
not be so dense as to completely block the river view. It means no clear
cutting.
Grade: As applicable to buildings, that surface of the earth or
finished material located immediately adjacent to the structure.
Lot area: The total horizontal area included within lot lines.
However, "lot area" shall not include land lying below the ordinary
high water mark of a lake, river or pond which is not totally enclosed within
the boundary lines of the lot. (Also see article V, section 201.503,
Variances.) Where a front, rear or side lot line lies in part or in whole in a
public right-of-way or private road easement, the lot area shall not include
that part of the lot within said right-of-way or easement.
Lot, front line: That side of the lot abutting upon a
public or private street right-of-way or abutting on a river or lake. In the
case of a corner lot, either street right-of-way may be considered the front
line of the lot, provided at least one driveway opening adjoins the street
which is parallel to the front lot line and the official address of the lot is
the street parallel to the front lot line.
Ordinary high watermark: The line between upland and bottomland
which persists through successive changes in water levels, 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. On an
inland lake which has a level established by law, it means the high established
level. Where water returns to its natural level as the result of the permanent
removal or abandonment of an ordinary high water mark, it means the natural
ordinary high water mark.
Permanent dock, stairway, boardwalk: A structure
located within the FR District that is attached to the ground or riverbed and
is not intended to be moved seasonally.
River access boardwalk: A permanent walkway constructed
primarily of natural materials used to provide access to the river where a
marshy area is present, and no other access point is available; which does not
exceed four (4) feet in width nor does it exceed the length determined by the
Zoning Administrator needed to reach the river's edge.
River access dock: A temporary or permanent appurtenance
constructed primarily of natural materials which serves as a landing pier for
boats and does not exceed four (4) feet in width, nor sixteen (16) feet in
length along the water/bank edge with no more than four (4) feet extending over
the water.
River
access stairs:
A permanent stairway constructed primarily of natural materials on steep slopes
to the river where no other environmentally sound access is feasible; which
does not cut into the stream bank; which does not exceed four (4) feet in width
and allows transitional landings between stair sections.
River
stairs transitional landing: One or more horizontal areas
not exceeding four (4) feet in width to connect sections of stairs for
topography and safe stair step rise and run.
Setback: The minimum horizontal distance on a lot or parcel that a
building or structure (or any portion thereof) situated thereon is required to
be located from the front line, or if the lot or parcel abuts the Flat River or
a lake, from the ordinary high water mark of the river, or measured from the
outside edge of the building to the nearest point of intersection with the
front line or ordinary high water mark of the river or lake.
Temporary dock: A landing for riparian access that is
located within the FR District, not permanently attached to the riverbed and is
intended to be moved seasonally.
3.07.
A. Statement of Purpose
and Description. The "FR" District as established to preserve,
protect and enhance the river environment in a natural state for the use, and
enjoyment of present and future generations, and to ensure that any development
which may occur shall be done in an orderly manner consistent with the natural
environment and aesthetic qualities of the stream by regulating the use of land
along the waterway. This district consists of land lying within three hundred
(300) feet from the ordinary high water mark on each side of and paralleling
the Flat River.
The Flat
River District is established as an overlay zoning district. Such district is
construed as not to be a separate and distinct district, but a secondary
district which overlays those parts of the following underlying districts:
"R-A", "R-1", "R-2", "R-3", etc., which
are adjacent to the Flat River. In all cases, applicants for building permits
in the Flat River District must meet all requirements of the underlying
district, and in addition, must conform to the additional provisions,
requirements and restrictions of the Flat River District. Where there is
conflict between other provisions of this Ordinance and those specifically
applied to the Flat River District, the latter shall control.
B. Permitted Uses.
1. Single or two family
dwellings as permitted in the underlying District in which the particular use
is proposed.
2. Essential Services (See
Section 4.11 [201.411]).
3. River Access Docks.
Construction of docks along the Flat River is discouraged because of the visual
impact to the Natural River and potential hazards to anglers and watercraft
users. Vergennes Township regulates permanent structures on land within the Flat
River District. Temporary structures in the river itself are also regulated by
Vergennes Township with guidance from the Natural Rivers Program Administrator
of the Michigan Department of Natural Resources. Permanent structures placed in
the river itself are regulated by Vergennes Township with consultation and
approval by the Michigan DEQ.
a. River Access Dock. One (1) dock per parcel
containing a residence is permitted if necessary to provide safe and
ecologically sound access for riparian landowners. A portion of the dock will
be constructed within the setback from the river. Owner must obtain a zoning
compliance permit from Vergennes Township prior to installation or
construction, and may need a permit from the Michigan Department of
Environmental Quality depending upon individual circumstances.
i. Docks constructed on the
natural course of the river, or within the No-Wake-Zone where the river is less
than five hundred (500) feet in width. Construction of docks may not exceed
four (4) feet in width with no more than four (4) feet extending over the
water, nor longer than sixteen (16) feet in length extending along the
shoreline.
ii. Docks constructed in the
No-Wake Zone. On the portion of the river defined as the "No-wake
Zone", and where the river is over five hundred (500) feet in width, the
length of temporary docks may be such as to allow access to a river depth of
three (3) feet, but not to exceed fifty (50) feet in length out into the water.
Permanent docks needing to extend over four (4) feet into the water in this
portion of the river require a permit and review from the Michigan Department
of Environmental Quality.
b. River Access Stairs.
Stairways are permitted if there is no other safe, feasible, environmentally
sound access to the river; one (1) stairway per parcel containing a residence
is permitted to be constructed within the setback from the river; using a
handrail on each side of the stairs if needed for safety; plantings of
vegetative material must be established along the sides where earth has been
disturbed; allowance for transitional landings not exceeding four (4) feet in
width, must obtain a zoning compliance permit from Vergennes Township prior to
construction. River access stairs
should be constructed in a creative manner as low to the ground level as
possible.
c. River Access Boardwalk.
One (1) board walk per parcel containing a residence is permitted; constructed
within the setback from the river; must be low profile without disturbing
natural plant and animal habitats; which does not exceed four (4) feet in width
nor does it exceed the length determined by the Zoning Administrator needed to
reach the river’s edge, a handrail is allowed on each side for safety; must
obtain a zoning compliance permit from Vergennes Township prior to construction,
and may need a permit from the Michigan Department of Environmental Quality if
constructed within the 100-year floodplain or wetlands.
C. Special Exception Uses.
1. Any use permitted in the
underlying District in which the particular use is proposed, EXCLUDING,
HOWEVER, mining operations, wireless communication facilities, barns, stables,
silos, concentrated livestock or poultry operations (see Section 3.04,C, 2
[201.304,C, 2]),
D. Height. No residential or other building
shall exceed the lesser of thirty-five (35) feet or two and one-half (21/2) stories.
E. Lot Area and Lot Width.
The minimum lot area and lot width for use in this District shall be not less
than the minimum lot area and lot width of the underlying district in which the
particular use is proposed.
F. Setback and Side Line
Spacing. The setback and side line spacing requirements in this District
shall be not less than the setback and side line spacing requirements of the
underlying district in which the particular use is proposed, AND IN ADDITION,
the following special requirements shall apply:
1. Building Setback From River. There shall
be a setback of one hundred (100) feet from the ordinary high water mark or
twenty-five (25) feet from the identified 100-year floodplain line, whichever
results in the greatest distance from the edge of the water and, further, that
for parcels with a shoreline constituting a bluff, as defined in Section
201.202, Definitions (Bluff), new buildings and appurtenances must additionally
be set back not less than fifty (50) feet from the top of the bluff.
2. Sanitary Facilities
Setback From River. All septic tanks, drain fields and other sanitary
facilities shall be set back a minimum of one hundred (100) feet from the
ordinary high water mark or twenty-five (25) feet from the identified one
hundred (100) year floodplain line, whichever results in the greatest distance
from the edge of the river. Such facilities shall meet the requirements for
Kent County Health Department approval specified in Article IV, Section 4.21
[201.421], and, in addition, the bottom of the absorption field shall not be
less than four (4) feet above the ordinary high water table.
3. Natural Vegetation Strip (Greenbelt). A natural
vegetation strip not less than twenty-five (25) feet in width measured
perpendicular to the ordinary high water mark shall be maintained along,
parallel to and on each side of the Flat River and its tributaries. This
vegetation strip or greenbelt shall be left in its natural state and shall
consist of native trees, shrubs and vegetation which shall not be killed,
destroyed, removed or moved, provided, however, that dead, diseased, unsafe or
fallen trees, and poisonous plants may be removed, and provided further, that
trees, shrubs and vegetation may be selectively trimmed or pruned for
landscaping purposes to provide a filtered view of the river, so long as a root
system remains intact to provide for streambank stabilization and erosion
control, and to serve as an aid to infiltration of surface runoff, AND so long
as sufficient natural vegetation is retained to provide cover to shade the
water and to maintain the vegetation strip essentially in its natural
condition. Selected removal or trimming
of trees for timber harvest, access or woodlot improvement, landscaping, or
public utility lines to service dwellings is permitted upon approval of the
zoning administrator.
4. Access to and Use of
Property for Recreational Purposes. Development and use of private land
along the Flat River and its tributaries for recreational purposes such as
hunting, fishing, camping and picnicking shall be at the discretion and under
the control of the owner of the land subject to the conditions, limitations and
restrictions applicable in this District, and access to the Flat River and its
tributaries across private land shall be subject to the discretion and control
of the owner of the land, provided, however, that no canoe rental, canoe livery
or other business or commercial activity involving the lease or rental of
canoes, boats or other watercraft shall be permitted to operate in or from this
District except that any such proposed use shall be
deemed a Special Exception Use and shall be subject to the Special Exception
Use Standards and Procedures set forth in Article V [201.500] of this Ordinance.
5. Advertising Signs and
Billboards Prohibited. No advertising signs or billboards of any size or
type shall be erected or maintained in this District.
6. Boating and Canoeing.
a. Non-motorized boating and
canoeing is permitted.
b. Use of motorized
watercraft will be permitted in accordance with local controls promulgated
under the Marine Safety Act, MCLA 324.8010 Et. Seq., FKA MCLA 281.1001. Such
local controls are in Section 101.000, Flat River Slow-No Wake Ordinance.
G. Floor area requirements.
Residential buildings in this district shall comply with the floor area
requirements set forth for the R-2 District.
(Amended: Ord. of 11-12-90; Ord. No. 92-3, 7-13-92; Ord. No. 93-1,
5-10-93; Ord. No. 96-2, 5-20-96; Ord. No. 97-3, 3-31-97; Ord. No. 98-8,
8-17-98; Ord. No. 99-8, 8-16-99; Ord. No. 2000-3, 7-17-00, Ord. No. 2001-1,
07-16-01)