/Users/andrea/_magisterarbeit/korpus/clean/testkorpus/25/file4.html NN ----------------------------------------- : Michigan NP . SENT gov NP Home NP SOAHR NP Home NP Site NN Map NN Contact NP SOAHR NP DEPARTMENT NN OF IN NATURAL JJ RESOURCES NNS FISHERIES NNS DIVISION NN UPPER JJ MANISTEE NN RIVER NN NATURAL JJ RIVER NN ZONING NN By IN authority NN conferred VVD on IN the DT director NN of IN the DT department NN of IN natural JJ resources NNS by IN section NN 30512 CD of IN Part NP 305 CD of IN 1994 CD PA NN 451 CD , , MCL NP 324 CD . SENT 30512 CD , , and CC Executive NP Reorganization NN Order NP No NP . SENT 1991 CD 22 CD , , MCL NP 299 CD . SENT 13 CD . SENT R NP 281 CD . SENT 171 CD Definitions NNS . SENT Rule NN 1 CD . SENT As IN used VVN in IN these DT rules NNS . SENT a DT Applicant NN means VVZ a DT person NN who WP requests NNS , , on IN proper JJ forms NNS and CC pursuant JJ to TO proper JJ procedures NNS , , a DT zoning NN permit VV for IN a DT principal JJ use NN , , special JJ use NN , , or CC variance NN . SENT b SYM Appurtenance NN or CC accessory JJ building NN means VVZ a DT structure NN that WDT is VBZ incidental JJ to TO a DT dwelling NN , , including VVG all DT of IN the DT following NN . SENT i NP Garages NNS . SENT ii NP Residential JJ storage NN sheds NNS . SENT iii NP Barns NP and CC other JJ agricultural JJ storage NN and CC livestock NN structures NNS . SENT iv NP Pump NP houses NNS . SENT v NN Private JJ access NN roads NNS . SENT vi NP Electrical NP service NN lines NNS . SENT c SYM Bluff NP means VVZ a DT bank NN that WDT rises VVZ at IN a DT slope NN of IN 33 CD degrees NNS or CC greater JJR from IN within IN 10 CD feet NNS of IN the DT river's JJ edge NN . SENT The DT crest NN of IN the DT bluff NN is VBZ the DT first JJ riverward NN facing VVG area NN at IN least JJS 100 CD feet NNS wide RB approximately RB parallel JJ to TO the DT river NN that WDT breaks VVZ to TO a DT slope NN of IN less JJR than IN 18 CD degrees NNS for IN a DT distance NN away RB from IN the DT river NN of IN at IN least JJS 25 CD feet NNS . SENT d SYM Building NP inspector NN means VVZ the DT agency NN or CC individual NN who WP is VBZ appointed VVN by IN the DT appropriate JJ governmental JJ subdivision NN to TO issue VV building NN permits NNS and CC to TO administer VV 1972 CD PA NN 230 CD , , MCL NP 125 CD . SENT 1501 CD and CC known VVN as IN the DT state NN construction NN code NN act NN of IN 1972 CD . SENT e SYM Building NP permit NN means VVZ a DT permit NN that WDT is VBZ issued VVN by IN the DT appropriate JJ governmental JJ subdivision NN as IN required VVN by IN 1972 CD PA NN 230 CD , , MCL NP 125 CD . SENT 1501 CD f SYM Certificate NN of IN zoning VVG compliance NN means VVZ a DT standard JJ form NN which WDT is VBZ issued VVN by IN the DT zoning NN administrator NN upon IN a DT determination NN that IN the DT construction NN and CC use NN of IN land NN and CC buildings NNS and CC structures NNS as RB provided VVD for IN by IN a DT zoning NN permit NN , , including VVG the DT site NN plan NN , , have VHP been VBN completed VVN and CC are VBP in IN compliance NN with IN the DT permit NN and CC site NN plan NN . SENT g NN Commission NP means VVZ the DT natural JJ resources NNS commission NN . SENT h NN Cutting NP edge NN of IN the DT river NN means VVZ the DT edge NN of IN a DT river NN or CC stream NN where WRB the DT water NN velocity NN is VBZ such JJ that IN it PP may MD cause VV soil NN or CC streambank NN erosion NN . SENT i NP Director NP means VVZ the DT director NN of IN the DT department NN of IN natural JJ resources NNS . SENT j NN Enclosed VVN ground NN floor NN living VVG area NN means VVZ the DT area NN of IN the DT ground NN covered VVN by IN a DT dwelling NN , , including VVG enclosed VVN porches NNS and CC attached VVN garages NNS , , but CC not RB including VVG open JJ porches NNS , , decks NNS , , or CC patios NNS . SENT k NN Family NN means VVZ either RB of IN the DT following NN . SENT i NP An DT individual NN or CC group NN of IN 2 CD or CC more JJR persons NNS who WP are VBP related VVN by IN blood NN , , marriage NN , , or CC adoption NN and CC who WP , , together RB with IN foster JJ children NNS , , servants NNS of IN the DT principal JJ occupants NNS , , and CC not RB more JJR than IN 2 CD additional JJ unrelated JJ persons NNS , , are VBP domiciled VVN together RB as IN a DT single JJ , , domestic JJ , , housekeeping NN unit NN in IN a DT dwelling NN unit NN . SENT ii NP A DT collective JJ number NN of IN individuals NNS who WP are VBP domiciled VVN together RB in IN 1 CD dwelling NN unit NN , , whose WP$ relationship NN is VBZ of IN a DT continuing VVG non JJ transient JJ domestic JJ character NN , , and CC who WP are VBP cooking VVG and CC living VVG as IN a DT single JJ , , nonprofit JJ , , housekeeping NN unit NN . SENT Any DT society NN , , club NN , , fraternity NN , , sorority NN , , association NN , , lodge VV , , organization NN , , or CC group NN of IN students NNS or CC other JJ individuals NNS whose WP$ domestic JJ relationship NN is VBZ of IN a DT transitory JJ or CC seasonal JJ nature NN shall MD not RB be VB considered VVN a DT family NN as IN defined VVN by IN these DT rules NNS . SENT l NN Filtered VVN view NN of IN the DT river NN means VVZ the DT maintenance NN or CC establishment NN of IN woody JJ vegetation NN of IN sufficient JJ density NN to TO screen VV development NN from IN the DT river NN , , to TO provide VV for IN streambank NN stabilization NN and CC erosion NN control NN , , serve VVP as IN an DT aid NN to TO the DT infiltration NN of IN surface NN runoff NN , , and CC provide VV cover VV to TO shade NN the DT water NN . SENT The DT vegetation NN need MD not RB be VB so RB dense JJ as RB to TO completely RB block VV the DT river NN view NN . SENT Filtered VVN view NN of IN the DT river NN means VVZ no DT mowing VVG or CC removal NN of IN trees NNS , , shrubs NNS or CC other JJ vegetation NN . SENT m NN Floodplain NP means VVZ land NN lying VVG within IN an DT identified VVN or CC documented VVN 100 CD year NN floodplain NN line NN . SENT Also RB see VV subdivision NN t NN of IN this DT rule NN . SENT n NN Floodway NP means VVZ the DT channel NN of IN a DT river NN or CC stream NN and CC those DT portions NNS of IN the DT floodplain NN adjoining JJ the DT channel NN that WDT are VBP reasonably RB required VVN to TO carry VV and CC discharge VV a DT 100 CD year NN flood NN . SENT o NN Front NP means VVZ that DT segment NN of IN a DT lot NN or CC parcel VVP closest JJS to IN or CC abutting VVG the DT river's JJ edge NN of IN the DT main JJ stream NN or CC tributary NN . SENT p NN Front NP yard NN means VVZ setback NN as RB provided VVD for IN in IN R NP 281 CD . SENT 177 CD . SENT q NN Home NN occupation NN means VVZ a DT gainful JJ occupation NN that WDT is VBZ traditionally RB and CC historically RB carried VVD on IN in IN the DT home NN by IN residents NNS of IN the DT dwelling NN as IN a DT use NN which WDT is VBZ clearly RB incidental JJ and CC secondary JJ to TO the DT use NN of IN the DT home NN as IN a DT dwelling NN place NN . SENT r SYM Home NP based VVN occupation NN means VVZ a DT gainful JJ occupation NN where WRB business NN is VBZ conducted VVN off IN site NN but CC equipment NN such JJ as IN logging VVG trucks NNS or CC well RB drilling NN rigs NNS are VBP stored VVN at IN the DT home NN site NN . SENT s PP Impervious JJ surface NN means VVZ a DT surface NN , , including VVG paved JJ and CC unpaved JJ driveways NNS , , decks NNS , , rooftops NNS , , roads NNS , , patios NNS , , swimming VVG pools NNS and CC parking NN lots NNS that WDT does VVZ not RB allow VV storm NN water NN to TO infiltrate VV into IN the DT ground NN . SENT t NN Land NN that WDT is VBZ subject JJ to TO flooding VVG means NNS that IN area NN of IN land NN adjoining JJ the DT designated VVN portions NNS of IN a DT river NN and CC its PP$ tributaries NNS which WDT will MD be VB inundated VVN by IN a DT flood NN which WDT has VHZ a DT 1 CD chance NN of IN occurring VVG or CC being VBG exceeded VVN in IN any DT given VVN year NN as IN determined VVN by IN detailed JJ hydraulic JJ studies NNS that WDT are VBP acceptable JJ to TO the DT Michigan NP department NN of IN natural JJ resources NNS or CC which WDT , , in IN the DT absence NN of IN such JJ detailed JJ floodplain NN studies NNS , , has VHZ a DT history NN of IN flooding NN or CC is VBZ delineated VVN by IN approximate JJ methods NNS , , such JJ as IN United NP States NPS geological JJ survey NN flood NN prone JJ area NN maps NNS or CC the DT federal JJ emergency NN management NN agency's NNS special JJ flood NN hazard NN boundary NN maps NNS . SENT u NN Lot NN means VVZ a DT continuous JJ area NN or CC acreage NN of IN land NN that WDT can MD be VB described VVN for IN purposes NNS of IN transfer NN , , sale NN , , lease NN , , rental JJ , , or CC other JJ conveyance NN . SENT v NN Lot NN area NN means VVZ the DT area NN inside IN the DT lot NN lines NNS . SENT w NN Lot NN , , interior NN means VVZ a DT lot NN of IN record NN which WDT is VBZ located VVN in IN the DT natural JJ river NN district NN , , but CC which WDT does VVZ not RB have VH frontage NN on IN the DT river NN or CC its PP$ designated VVN tributaries NNS . SENT x SYM Lot NN of IN record NN means VVZ a DT lot NN that WDT actually RB exists VVZ in IN a DT subdivision NN plat NN as IN shown VVN on IN the DT records NNS of IN the DT county NN register NN of IN deeds NNS before IN the DT effective JJ date NN of IN these DT rules NNS or CC a DT lot NN or CC parcel NN which WDT is VBZ described VVN by IN metes NNS and CC bounds NNS and CC which WDT has VHZ been VBN recorded VVN at IN the DT office NN of IN the DT county NN register NN of IN deeds NNS before IN the DT effective JJ date NN of IN these DT rules NNS . SENT y NN Lot NN , , vacant JJ means VVZ a DT lot NN that WDT does VVZ not RB contain VV a DT single JJ family NN dwelling NN . SENT z SYM Natural JJ river NN district NN means VVZ the DT Upper NP Manistee NN river NN natural JJ river NN district NN as IN described VVN in IN R NP 281 CD . SENT 175 CD . SENT aa NN Ordinary JJ high JJ watermark NN means VVZ the DT line NN between IN the DT upland NN and CC bottomland NN which WDT persists VVZ through IN successive JJ changes NNS in IN water NN level NN and CC below IN which WDT the DT presence NN and CC action NN of IN the DT water NN is VBZ so RB common JJ or CC recurrent JJ that IN the DT character NN of IN the DT land NN is VBZ marked VVN distinctly RB from IN the DT upland NN and CC is VBZ apparent JJ in IN the DT soil NN itself PP , , the DT configuration NN of IN the DT surface NN of IN the DT soil NN , , and CC the DT vegetation NN . SENT bb NP Rear NP yard NN means VVZ that DT yard NN opposite IN the DT front JJ yard NN . SENT cc NN Reforestation NN means VVZ the DT renewal NN of IN vegetative JJ cover NN by IN seeding VVG , , planting VVG , , or CC transplanting VVG . SENT dd NP River's NP edge NN means VVZ the DT ordinary JJ high JJ watermark NN as IN used VVN in IN Part NP 301 CD of IN 1994 CD PA NN 451 CD , , and CC as RB defined VVN in IN subdivision NN aa NN of IN this DT rule NN . SENT ee JJ Setback NN means VVZ the DT required JJ horizontal JJ distance NN between IN any DT portion NN of IN a DT structure NN and CC the DT river's NNS edge NN , , measured VVN at IN the DT structure's JJ closest JJS point NN to TO the DT river's JJ edge NN . SENT ff NNS Single NP family NN dwelling NN means VVZ a DT detached VVN building NN , , or CC portion NN thereof RB , , which WDT is VBZ used VVN exclusively RB for IN residential JJ purposes NNS , , which WDT is VBZ designed VVN for IN , , or CC occupied VVD exclusively RB by IN , , 1 CD family NN , , and CC which WDT contains VVZ kitchen NN and CC bathroom NN facilities NNS . SENT gg NN Soil NN erosion NN and CC sedimentation NN control NN enforcement NN agency NN means VVZ the DT local JJ agency NN that WDT is VBZ appointed VVN by IN the DT appropriate JJ governmental JJ subdivision NN to TO enforce VV the DT provisions NNS of IN Part NP 91 CD of IN 1994 CD PA NN 451 CD , , MCL NP 282 CD . SENT 101 CD . SENT hh NN Structure NN means VVZ anything NN which WDT is VBZ constructed VVN , , erected VVN , , or CC moved VVN to TO or CC from IN any DT premises NNS and CC which WDT is VBZ located VVN above IN , , on IN , , or CC below IN the DT ground NN , , including VVG buildings NNS , , roads NNS , , signs NNS , , billboards NNS , , satellite NN antennas NNS greater JJR than IN 24 CD inches NNS in IN diameter NN and CC other JJ communication NN structures NNS , , fences NNS , , and CC mobile JJ homes NNS . SENT Temporary JJ recreational JJ facilities NNS , , including VVG tents NNS , , camper JJR trailers NNS , , and CC recreation NN vehicles NNS , , are VBP not RB considered VVN structures NNS if IN they PP are VBP on IN site NN fewer JJR than IN 30 CD days NNS per IN year NN and CC if IN they PP are VBP located VVN landward RB of IN the DT native JJ vegetation NN buffer NN or CC if IN the DT facilities NNS are VBP located VVN on IN a DT campsite NN within IN a DT campground NN that WDT is VBZ licensed VVN pursuant JJ to TO 1978 CD PA NN 368 CD , , MCL NP 333 CD . SENT 1101 CD , , if IN both CC the DT individual JJ campsite NN and CC the DT campground NN were VBD established VVN before IN the DT effective JJ date NN of IN these DT rules NNS . SENT ii NP Wetland NP means VVZ land NN characterized VVN by IN the DT presence NN of IN hydric JJ soils NNS or CC water NN at IN a DT frequency NN and CC duration NN sufficient JJ to TO support VV wetland NN vegetation NN or CC aquatic JJ life NN as IN defined VVN in IN Part NP 303 CD of IN 1994 CD PA NN 451 CD , , MCL NP 282 CD . SENT 101 CD . SENT jj NP Zoning NN administrator NN means VVZ the DT administrator NN of IN these DT rules NNS who WP is VBZ appointed VVN by IN the DT director NN . SENT kk NN Zoning NN permit NN means VVZ a DT standard JJ form NN which WDT is VBZ issued VVN by IN the DT zoning NN administrator NN when WRB it PP is VBZ determined VVN that IN the DT proposed VVN construction NN of IN buildings NNS and CC structures NNS and CC the DT proposed VVN use NN of IN land NN and CC buildings NNS and CC structures NNS thereon RB are VBP in IN compliance NN with IN these DT rules NNS . SENT ll JJ Zoning NN review NN board NN means VVZ a DT group NN of IN 7 CD people NNS which WDT is VBZ appointed VVN by IN the DT director NN to TO act VV upon IN requests NNS as RB provided VVD for IN by IN these DT rules NNS . SENT History NN . SENT 2004 CD MR NP 24 CD , , Eff VV . SENT Dec NP . SENT 28 CD , , 2004 CD . SENT R NP 281 CD . SENT 172 CD Purpose NN . SENT intent NN . SENT scope NN . SENT Rule NN 2 CD . SENT 1 LS The DT director NN , , on IN his PP$ or CC her PP$ own JJ motion NN , , to TO implement VV the DT intent NN of IN Natural NP Rivers NP Part NP 305 CD of IN 1994 CD PA NN 451 CD , , and CC in IN the DT absence NN of IN local JJ zoning NN to TO protect VV the DT Upper NP Manistee NN river NN , , a DT designated VVN natural JJ river NN , , promulgates VVZ these DT rules NNS for IN the DT following VVG purposes NNS . SENT a DT To TO promote VV the DT public JJ health NN , , safety NN , , and CC general JJ welfare NN . SENT to TO prevent VV economic JJ and CC ecological JJ damage NN due JJ to TO misuse NN , , unwise JJ development NN patterns NNS , , overcrowding NN , , and CC overuse NN within IN the DT natural JJ river NN district NN . SENT and CC to TO preserve VV the DT values NNS of IN the DT natural JJ river NN district NN for IN the DT benefit NN of IN present JJ and CC future JJ generations NNS . SENT b SYM To TO protect VV the DT free JJ flowing JJ condition NN , , fish NN , , aquatic NN and CC wildlife NN resources NNS , , water NN quality NN , , scenic JJ and CC aesthetic JJ qualities NNS , , and CC historical JJ and CC recreational JJ values NNS of IN the DT Upper NP Manistee NN river NN and CC adjoining JJ land NN . SENT c SYM To TO prevent VV flood NN damage NN due JJ to TO interference NN with IN the DT natural JJ floodplain NN characteristics NNS by IN excluding VVG developments NNS which WDT are VBP vulnerable JJ to TO flood VV damage NN and CC which WDT may MD reduce VV the DT capacity NN of IN the DT floodway NN of IN the DT river NN to TO withstand VV flooding NN conditions NNS . SENT d SYM To TO provide VV for IN uses NNS that WDT complement VV the DT natural JJ characteristics NNS of IN the DT natural JJ river NN system NN . SENT e SYM To TO protect VV individuals NNS from IN investing VVG funds NNS in IN structures NNS that WDT are VBP proposed VVN for IN location NN on IN lands NNS that WDT are VBP unsuited VVN for IN such JJ development NN because IN of IN high JJ groundwater NP , , erosion NN , , or CC vulnerability NN to TO flood VV damage NN . SENT f SYM To TO achieve VV the DT goals NNS and CC objectives NNS of IN the DT Upper NP Manistee NN river NN natural JJ river NN plan NN . SENT 2 LS It PP is VBZ the DT general JJ intent NN of IN these DT rules NNS to TO define VV terms NNS used VVN and CC to TO regulate VV and CC restrict VV lot NN coverage NN and CC use NN , , population NN distribution NN and CC density NN , , and CC the DT size NN and CC location NN of IN all DT structures NNS by IN the DT delineation NN of IN permitted VVN uses NNS and CC development NN standards NNS so RB as RB to TO promote VV the DT purposes NNS identified VVN in IN this DT rule NN . SENT It PP is VBZ further RBR intended VVN to TO provide VV for IN the DT administration NN and CC enforcement NN of IN these DT rules NNS and CC to TO provide VV penalties NNS for IN their PP$ violation NN . SENT 3 LS It PP is VBZ not RB the DT intent NN of IN these DT rules NNS to TO revoke VV , , annul VV , , cancel VV , , or CC in IN any DT way NN impair VV or CC interfere VV with IN existing VVG provisions NNS of IN law NN , , ordinances NNS , , or CC any DT rules NNS , , regulations NNS , , or CC premises NNS or CC with IN any DT private JJ restrictions NNS placed VVN upon IN property NN by IN covenant NN or CC deed NN . SENT However RB , , where WRB such JJ provisions NNS of IN law NN are VBP less RBR restrictive JJ than IN the DT provisions NNS of IN Natural NP Rivers NP Part NP 305 CD of IN 1994 CD PA NN 451 CD , , and CC the DT rules NNS promulgated VVD thereunder RB , , the DT provisions NNS of IN Natural NP Rivers NP Part NP 305 CD of IN 1994 CD PA NN 451 CD and CC the DT rules NNS promulgated VVD thereunder RB shall MD apply VV . SENT History NN . SENT 2004 CD MR NP 24 CD , , Eff VV . SENT Dec NP . SENT 28 CD , , 2004 CD . SENT R NP 281 CD . SENT 173 CD Construction NN of IN language NN . SENT severability NN . SENT Rule NN 3 CD . SENT 1 CD All NP of IN the DT following VVG rules NNS of IN construction NN apply VV to TO the DT text NN of IN these DT rules NNS . SENT a DT A NP building NN or CC structure NN includes VVZ any DT part NN thereof RB . SENT b SYM The DT phrase NN used VVN for IN includes VVZ arranged VVN for IN , , designed VVN for IN , , intended VVN for IN , , maintained VVN for IN , , or CC occupied VVD for IN . SENT c SYM The DT word NN person NN includes VVZ an DT individual NN , , a DT corporation NN , , a DT partnership NN , , an DT incorporated JJ association NN , , or CC any DT other JJ similar JJ entity NN . SENT d SYM The DT terms NNS lot NN and CC parcel NN have VHP the DT same JJ meaning NN . SENT e SYM Terms NNS not RB defined VVN in IN these DT rules NNS shall MD have VH the DT meanings NNS customarily RB assigned VVN to TO them PP . SENT 2 CD In IN any DT case NN in IN which WDT the DT provisions NNS of IN these DT rules NNS are VBP declared VVN by IN the DT courts NNS to TO be VB unconstitutional JJ or CC invalid JJ , , such JJ ruling NN shall MD not RB affect VV the DT validity NN of IN the DT remaining VVG provisions NNS of IN these DT rules NNS and CC to TO this DT end NN the DT provisions NNS of IN these DT rules NNS are VBP declared VVN to TO be VB severable JJ . SENT History NN . SENT 2004 CD MR NP 24 CD , , Eff VV . SENT Dec NP . SENT 28 CD , , 2004 CD . SENT R NP 281 CD . SENT 174 CD Lot NN size NN and CC area NN . SENT subdivision NN of IN land NN . SENT home NN and CC home NN based VVN occupations NNS . SENT native JJ vegetation NN buffer NN . SENT signs NNS . SENT docks NNS . SENT height NN of IN structures NNS . SENT river NN access NN stairways NNS . SENT dams NNS . SENT impervious JJ surfaces VVZ . SENT Rule NN 4 CD . SENT 1 CD Unless IN otherwise RB provided VVN for IN in IN these DT rules NNS , , a DT lot NN created VVN after IN the DT effective JJ date NN of IN these DT rules NNS shall MD meet VV all DT of IN the DT following VVG standards NNS on IN at IN least JJS 1 CD side NN of IN the DT stream NN that WDT is VBZ accessible JJ by IN a DT public JJ road NN or CC legal JJ easement NN . SENT a DT Have VHP at IN least JJS 200 CD feet NNS of IN river NN frontage NN unless IN a DT riverfront NN common JJ area NN subject NN to TO a DT conservation NN easement NN is VBZ established VVN , , or CC the DT parent NN parcel NN does VVZ not RB have VH river NN frontage NN , , in IN which WDT case NN this DT dimension NN shall MD be VB measured VVN at IN the DT point NN of IN the DT parcel NN closest JJS to IN the DT river NN and CC be VB at IN least JJS 200 CD feet NNS wide JJ at IN the DT minimum JJ building NN setback NN line NN . SENT b SYM Contain VV at IN least JJS 1 CD 2 CD acre NN of IN existing VVG contiguous JJ upland JJ buildable JJ area NN non JJ wetland NN , , non JJ floodplain NN landward RB of IN the DT minimum JJ building NN setback NN line NN . SENT c SYM Contain VV at IN least JJS 80 CD , , 000 CD square JJ feet NNS of IN area NN within IN the DT Natural NP River NP District NP any DT common JJ area NN created VVD or CC any DT bottomlands NNS shall MD not RB be VB used VVN in IN any DT calculations NNS related VVN to TO minimum JJ parcel NN area NN . SENT If IN the DT parent NN parcel NN does VVZ not RB have VH river NN frontage NN , , and CC the DT front JJ line NN of IN any DT newly RB created VVN parcel NN is VBZ greater JJR than IN 100 CD feet NNS from IN the DT river's JJ edge NN at IN all DT points NNS , , this DT subdivision NN does VVZ not RB apply VV , , and CC the DT minimum JJ parcel NN width NN will MD be VB measured VVN at IN the DT front JJ lot NN line NN . SENT d SYM Have NP sufficient JJ depth NN to TO accommodate VV the DT required VVN building NN setbacks NNS pursuant JJ to TO R NP 281 CD . SENT 177 CD . SENT 2 LS A DT lot NN that WDT exists VVZ on IN the DT effective JJ date NN of IN this DT rule NN shall MD not RB be VB subdivided VVN or CC reduced VVN in IN dimension NN or CC area NN below IN the DT minimum JJ requirements NNS of IN these DT rules NNS . SENT Lots NNS that WDT are VBP created VVN after IN the DT effective JJ date NN of IN this DT rule NN shall MD meet VV the DT minimum JJ requirements NNS of IN these DT rules NNS , , except IN as RB provided VVN in IN subrules NNS 3 CD and CC 4 CD of IN this DT rule NN . SENT 3 LS Proposed VVN lots NNS which WDT have VHP preliminary JJ plat NN approval NN pursuant JJ to TO 1967 CD PA NN 288 CD , , MCL NP 560 CD . SENT 101 CD , , but CC which WDT do VVP not RB meet VV the DT dimensional JJ requirements NNS of IN these DT rules NNS on IN their PP$ effective JJ date NN , , shall MD , , on IN final JJ plat NN approval NN , , be VB issued VVN a DT permit NN subject NN to TO the DT requirements NNS in IN R NP 281 CD . SENT 179 CD and CC R NP 281 CD . SENT 180 CD . SENT 4 CD Lots NNS of IN record NN which WDT are VBP created VVN before IN the DT effective JJ date NN of IN these DT rules NNS , , and CC which WDT do VVP not RB possess VV sufficient JJ land NN area NN or CC lot NN width NN may MD be VB used VVN for IN the DT purposes NNS described VVN in IN these DT rules NNS , , subject JJ to TO the DT requirements NNS in IN R NP 281 CD . SENT 179 CD and CC R NP 281 CD . SENT 180 CD . SENT 5 CD Home NP occupations NNS and CC home RB based VVN occupations NNS shall MD conform VV to TO all DT of IN the DT following VVG requirements NNS . SENT a DT The DT use NN of IN the DT dwelling NN unit NN , , or CC related JJ structure NN , , for IN a DT home NN occupation NN or CC home NN based VVN occupation NN shall MD be VB clearly RB incidental JJ and CC subordinate JJ to TO its PP$ use NN for IN residential JJ purposes NNS . SENT b SYM Equipment NP or CC a DT process NN shall MD not RB be VB used VVN in IN a DT home NN occupation NN or CC home NN based VVN occupation NN if IN it PP creates VVZ noise NN , , vibration NN , , fumes NNS , , odors NNS , , or CC electrical JJ interference NN that WDT is VBZ detectable JJ to TO the DT normal JJ senses NNS off IN the DT premises NNS . SENT 6 CD Within IN the DT natural JJ river NN district NN , , a DT native JJ vegetation NN buffer NN that WDT includes VVZ the DT river NN and CC all DT lands NNS within IN 75 CD feet NNS of IN the DT ordinary JJ high JJ watermark NN shall MD be VB maintained VVN on IN each DT side NN of IN the DT Upper NP Manistee NP river NN mainstream NN and CC all DT designated VVN tributaries NNS . SENT Trees NNS and CC shrubs NNS may MD be VB pruned VVN over IN not RB more JJR than IN a DT 50 CD foot NN width NN for IN a DT filtered VVN view NN of IN the DT river NN , , but CC clear JJ cutting VVG in IN the DT native JJ vegetation NN buffer NN is VBZ prohibited VVN . SENT The DT native JJ vegetation NN buffer NN is VBZ also RB subject JJ to TO all DT of IN the DT following VVG provisions NNS . SENT a DT Unsafe JJ trees NNS and CC noxious JJ plants NNS and CC shrubs NNS , , such JJ as IN poison NN ivy NN and CC poison NN sumac NN , , may MD be VB removed VVN . SENT b SYM The DT selected JJ removal NN or CC trimming VVG of IN trees NNS for IN forest NN management NN practices NNS or CC disease NN and CC insect NN control NN , , and CC clearing VVG of IN vegetation NN to TO the DT minimum JJ width NN required VVN for IN public JJ utility NN primary JJ electric JJ distribution NN lines NNS and CC service NN lines NNS for IN permitted VVN uses NNS , , is VBZ permitted VVN upon IN approval NN of IN the DT zoning NN administrator NN in IN consultation NN with IN local JJ Conservation NP District NP staff NN , , if IN the DT activity NN is VBZ in IN keeping VVG with IN the DT goals NNS and CC objectives NNS of IN the DT Natural NP River NP Plan NP . SENT c SYM Camping NN other JJ than IN low JJ impact NN tent NN camping NN is VBZ not RB permitted VVN in IN the DT native JJ vegetation NN buffer NN . SENT d SYM Mowing VVG is VBZ prohibited VVN in IN the DT native JJ vegetation NN buffer NN except IN in IN areas NNS that WDT had VHD been VBN maintained VVN in IN a DT mowed VVN condition NN prior RB to TO adoption NN of IN these DT rules NNS or CC to TO establish VV a DT footpath NN to TO the DT river NN not RB to TO exceed VV 4 CD feet NNS wide JJ . SENT e SYM In IN the DT Manistee NP River NP mainstream NN vegetation NN may MD be VB selectively RB pruned VVN to TO allow VV for IN safe JJ navigation NN and CC to TO alleviate VV flooding NN that WDT threatens VVZ a DT dwelling NN . SENT This DT may MD include VV pruning VVG of IN a DT maximum JJ 8 CD foot NN wide JJ section NN of IN vegetation NN . SENT Portions NNS of IN trees NNS , , logs NNS , , and CC other JJ natural JJ material NN imbedded VVN in IN the DT stream NN channel NN may MD not RB be VB disturbed VVN . SENT f SYM A DT boardwalk NN constructed VVN in IN conjunction NN with IN the DT footpath NN described VVN in IN subdivision NN d NN of IN this DT subrule NN is VBZ permitted VVN upon IN approval NN of IN the DT zoning NN administrator NN if IN it PP is VBZ placed VVN only RB in IN areas NNS that WDT are VBP generally RB too RB wet JJ to TO be VB traversed VVN without IN significant JJ disturbance NN of IN the DT soils NNS , , the DT boardwalk NN and CC supports NNS are VBP constructed VVN of IN wood NN , , the DT boardwalk NN is VBZ not RB more JJR than IN 3 CD feet NNS wide JJ and CC does VVZ not RB include VV railings NNS , , and CC the DT top NN of IN the DT boardwalk NN is VBZ not RB more JJR than IN 12 CD inches NNS above IN grade NN . SENT g NN All DT islands NNS in IN all DT stream NN segments NNS are VBP subject JJ to TO the DT native JJ vegetation NN buffer NN standards NNS . SENT h NN A DT wider JJR native JJ vegetation NN buffer NN may MD be VB required VVN for IN certain JJ commercial JJ uses NNS . SENT 7 CD Signs NNS for IN identification NN , , direction NN , , resource NN information NN , , regulation NN of IN use NN and CC those DT related VVN to TO permitted VVN uses NNS are VBP allowed VVN . SENT Signs NNS for IN the DT sale NN of IN products NNS or CC services NNS are VBP prohibited VVN , , unless IN related VVN to TO a DT permitted VVN use NN , , located VVN on IN the DT site NN of IN the DT permitted VVN use NN , , not RB located VVN in IN the DT native JJ vegetation NN buffer NN and CC not RB visible JJ from IN the DT river NN . SENT Illuminated VVN signs NNS are VBP prohibited VVN . SENT Signs NNS may MD be VB not RB more JJR than IN 2 CD square JJ feet NNS in IN area NN . SENT Exceptions NNS include VVP 1 CD real JJ estate NN sign NN not RB more JJR than IN 4 CD square JJ feet NNS outside IN the DT native JJ vegetation NN buffer NN , , and CC public JJ agencies NNS signs NNS not RB larger JJR than IN 10 CD square JJ feet NNS , , of IN rustic JJ design NN and CC not RB attached VVN to TO vegetation NN . SENT Some DT public JJ agency NN signs NNS may MD need VV to TO be VB larger JJR to TO warn VV of IN impending JJ danger NN or CC for IN interpretative JJ or CC historic JJ reasons NNS . SENT 8 CD Private JJ boat NN docks NNS shall MD be VB in IN compliance NN with IN all DT of IN the DT following VVG requirements NNS . SENT a DT Docks NNS shall MD not RB be VB more JJR than IN 48 CD square JJ feet NNS in IN area NN , , with IN not RB more JJR than IN 4 CD feet NNS of IN the DT dock NN extending VVG over IN the DT edge NN of IN the DT river NN . SENT b SYM Docks NNS shall MD be VB designed VVN , , constructed VVN , , and CC maintained VVD to TO blend VV with IN the DT natural JJ surroundings NN . SENT The DT use NN of IN natural JJ , , native JJ materials NNS is VBZ encouraged VVN . SENT c SYM Unless IN otherwise RB provided VVN for IN in IN these DT rules NNS , , only RB 1 CD dock NN shall MD be VB constructed VVN per IN lot NN . SENT 9 CD Unless IN otherwise RB provided VVN in IN these DT rules NNS , , a DT structure NN shall MD not RB be VB more JJR than IN 2 CD 1 CD 2 CD stories NNS tall JJ , , not RB including VVG a DT basement NN , , and CC not RB more JJR than IN 35 CD feet NNS in IN height NN measured VVN from IN the DT original JJ surface NN elevation NN . SENT 10 CD Private JJ river NN access NN stairways NNS are VBP permitted VVN upon IN approval NN of IN the DT zoning NN administrator NN if IN in IN compliance NN with IN all DT of IN the DT following VVG requirements NNS . SENT a DT There RB is VBZ no DT other JJ safe JJ , , feasible JJ access NN to TO the DT river NN without IN a DT stairway NN . SENT b SYM The DT stairway NN is VBZ low JJ profile NN , , not RB more JJR than IN 4 CD feet NNS wide JJ and CC constructed VVN without IN stairs NNS being VBG recessed VVN into IN the DT ground NN surface NN unless IN site NN and CC soil NN conditions NNS dictate VVP that IN a DT recessed VVN stairway NN is VBZ more RBR appropriate JJ . SENT c SYM There RB are VBP no DT landings NNS associated VVN with IN the DT stairway NN unless IN required VVN by IN building NN codes NNS , , in IN which WDT case NN the DT landings NNS shall MD be VB of IN the DT minimum JJ number NN and CC size NN required VVN by IN building NN codes NNS . SENT d SYM Not RB more JJR than IN 1 CD handrail NN is VBZ associated VVN with IN the DT stairway NN . SENT e SYM Only RB 1 CD river NN access NN stairway NN is VBZ permitted VVN per IN parcel NN . SENT f SYM The DT stairway NN is VBZ constructed VVN using VVG natural JJ materials NNS and CC is VBZ located VVN and CC maintained VVN to TO blend VV with IN the DT natural JJ surroundings NN . SENT 11 CD Construction NN of IN new JJ dams NNS is VBZ prohibited VVN . SENT Reconstruction NN of IN a DT failed JJ dam NN is VBZ permitted VVN under IN any DT of IN the DT following VVG conditions NNS . SENT a DT Reconstruction NN of IN a DT dam NN destroyed VVN by IN a DT catastrophic JJ event NN such JJ as IN flood NN may MD be VB reconstructed VVN . SENT b SYM Reconstruction NN of IN a DT dam NN that WDT failed VVD due JJ to TO lack NN of IN maintenance NN or CC other JJ negligence NN by IN the DT owner NN or CC operator NN is VBZ prohibited VVN . SENT c SYM Reconstruction NN of IN a DT dam NN that WDT failed VVD due JJ to TO a DT catastrophic JJ event NN shall MD comply VV with IN construction NN standards NNS in IN effect NN at IN the DT time NN of IN application NN for IN replacement NN . SENT d SYM Application NN for IN reconstruction NN shall MD be VB received VVN within IN 1 CD year NN of IN destruction NN . SENT e SYM A DT reconstructed JJ dam NN shall MD be VB rebuilt VVD with IN a DT height NN not RB greater JJR than IN the DT original JJ dam NN height NN . SENT f SYM A DT bottom JJ discharge NN and CC fish NN passage NN facilities NNS shall MD be VB provided VVN for IN a DT reconstructed JJ dam NN where WRB appropriate JJ . SENT g NN A DT request NN for IN replacement NN of IN a DT dam NN destroyed VVN by IN a DT catastrophic JJ event NN shall MD be VB handled VVN as IN a DT variance NN request NN for IN reconstruction NN of IN a DT destroyed VVN , , non JJ conforming VVG structure NN . SENT 12 CD The DT maximum NN percentage NN of IN impervious JJ surface NN permitted VVN on IN a DT lot NN shall MD be VB as RB follows VVZ . SENT a DT For IN lots NNS with IN less JJR than IN 10 CD , , 000 CD square JJ feet NNS of IN area NN , , not RB more JJR than IN 35 CD of IN the DT land NN surface NN may MD be VB covered VVN by IN impervious JJ surfaces NNS . SENT b SYM For IN lots NNS with IN between IN 10 CD , , 000 CD square JJ feet NNS and CC 40 CD , , 000 CD square JJ feet NNS of IN area NN , , not RB more JJR than IN 25 CD of IN the DT land NN surface NN may MD be VB covered VVN by IN impervious JJ surfaces NNS . SENT c SYM For IN lots NNS with IN between IN 40 CD , , 001 CD square JJ feet NNS and CC 80 CD , , 000 CD square JJ feet NNS of IN area NN , , not RB more JJR than IN 20 CD of IN the DT land NN surface NN may MD be VB covered VVN by IN impervious JJ surfaces NNS . SENT d SYM For IN lots NNS greater JJR than IN 80 CD , , 000 CD square JJ feet NNS of IN area NN , , not RB more JJR than IN 10 CD of IN the DT land NN surface NN may MD be VB covered VVN by IN impervious JJ surfaces NNS . SENT History NN . SENT 2004 CD MR NP 24 CD , , Eff VV . SENT Dec NP . SENT 28 CD , , 2004 CD . SENT R NP 281 CD . SENT 175 CD Boundaries NNS . SENT interpretation NN of IN boundaries NNS . SENT filing NN of IN zoning VVG map NN . SENT Rule NN 5 CD . SENT 1 LS The DT boundaries NNS of IN the DT Upper NP Manistee NN river NN natural JJ river NN district NN shall MD be VB as RB described VVN in IN these DT rules NNS and CC as RB depicted VVN on IN the DT certified JJ Upper NP Manistee NN river NN natural JJ river NN zoning NN map NN . SENT The DT Upper NP Manistee NN river NN natural JJ river NN zoning NN district NN comprises VVZ an DT area NN that WDT is VBZ described VVN as RB follows VVZ . SENT a DT The NP Manistee NP river NN mainstream NN from IN its PP$ sources NNS in IN Sections NNS 1 CD and CC 12 CD of IN Mancelona NP Township NP , , T NN 29 CD N NP , , R NP 5 CD W NP to TO the DT Wexford NP Missaukee NP county NN line NN . SENT b SYM Frenchman's NP Creek NP from IN the DT Lake NP Elizabeth NP Dam NP in IN section NN 30 CD of IN Hayes NP Twp JJ . SENT , , T NN 29 CD N NP , , R NP 4 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT c SYM Lost VVN Lake NP Outlet NN from IN the DT outfall NN of IN Lost VVN Lake NP in IN Section NP 6 CD of IN Frederic NP Township NP , , T NN 28 CD N NP , , R NP 4 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT d SYM An DT unnamed JJ stream NN from IN its PP$ source NN in IN Section NP 13 CD of IN Blue NP Lake NP Township NP , , T NN 28 CD N NP , , R NP 5 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT e SYM Goose NN Creek NP from IN Cameron NP Bridge NP Road NP in IN section NN 27 CD of IN Blue NP Lake NP Twp JJ . SENT , , T NN 28 CD N NP , , R NP 5 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT f SYM Portage NP Creek NP from IN the DT control NN structure NN near IN the DT outfall NN of IN Lake NP Margrethe NP , , section NN 8 CD of IN Grayling NN Twp JJ . SENT , , T NN 26 CD N NP , , R NP 4 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP , , including VVG all DT braided JJ channels NNS . SENT g NN All DT perennial JJ tributaries NNS to TO Portage NP Creek NP from IN their PP$ sources NNS to TO their PP$ confluence NN with IN Portage NP Creek NP . SENT h NN Clear NP Creek NP from IN its PP$ source NN at IN Boiling VVG Springs NP in IN section NN 28 CD of IN Bear NP Lake NP Twp JJ . SENT , , T NN 26 CD N NP , , R NP 5 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT i NP Black NP Creek NP from IN the DT outfall NN of IN South NP Black NP Lake NP in IN section NN 21 CD of IN Bear NP Lake NP Twp JJ . SENT , , T NN 27 CD N NP , , R NP 5 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP , , including VVG all DT braided JJ channels NNS . SENT j NN All DT perennial JJ tributaries NNS to TO Black NP Creek NP from IN their PP$ sources NNS to TO their PP$ confluence NN with IN Black NP Creek NP . SENT k NN Dempsey NP Creek NP from IN its PP$ source NN in IN section NN 19 CD of IN Bear NP Lake NP Twp JJ . SENT , , T NN 26 CD N NP , , R NP 5 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT l NN Big NP Devil NN Creek NP from IN its PP$ source NN in IN Section NP 18 CD of IN Garfield NP Township NP , , T NN 25 CD N NP , , R NP 5 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT m NN Big NP Cannon NP Creek NP from IN its PP$ source NN in IN section NN 5 CD of IN Norwich NP Twp JJ . SENT , , T NN 24 CD N NP , , R NP 5 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT n NN The DT North NP Branch NP of IN the DT Manistee NP River NP from IN County NP Road NP 612 CD in IN section NN 3 CD of IN Excelsior RB Twp JJ . SENT , , T NN 27 CD N NP , , R NP 6 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT o NN An DT unnamed JJ stream NN from IN Tower NP Road NP in IN section NN 25 CD of IN Coldsprings NNS Twp JJ . SENT , , T NN 28 CD N NP , , R NP 6 CD W NP to TO its PP$ confluence NN with IN the DT North NP Branch NP of IN the DT Manistee NP River NP . SENT p NN Morrison NP Creek NP from IN its PP$ source NN in IN section NN 28 CD of IN Excelsior NN Township NP , , T NN 27 CD N NP , , R NP 6 CD W NP to TO its PP$ confluence NN with IN the DT North NP Branch NP of IN the DT Manistee NP River NP . SENT q NN Collar NP Creek NP from IN its PP$ source NN in IN section NN 33 CD of IN Excelsior NN Township NP , , T NN 27 CD N NP , , R NP 6 CD W NP to TO its PP$ confluence NN with IN Morrison NP Creek NP . SENT r SYM An DT unnamed JJ stream NN from IN its PP$ sources NNS in IN section NN 26 CD of IN Excelsior NN Township NP , , T NN 27 CD N NP , , R NP 6 CD W NP to TO its PP$ confluence NN with IN Morrison NP Creek NP . SENT s PP All DT other JJ perennial JJ tributaries NNS to TO the DT North NP Branch NP of IN the DT Manistee NP River NP from IN their PP$ sources NNS to TO their PP$ confluence NN with IN the DT North NP Branch NP of IN the DT Manistee NP River NP . SENT t NN Willow NP Creek NP from IN its PP$ source NN in IN section NN 14 CD of IN Orange NP Twp JJ . SENT , , T NN 26 CD N NP , , R NP 7 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT u NN Pierson NP Creek NP from IN its PP$ source NN in IN section NN 12 CD of IN Orange NP Township NP , , T NN 26 CD N NP , , R NP 7 CD W NP to TO its PP$ confluence NN with IN Willow NP Creek NP . SENT v NN Maple NP Creek NP from IN its PP$ source NN in IN section NN 22 CD of IN Orange NP Twp JJ . SENT , , T NN 26 CD N NP , , R NP 7 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT w NN Little NP Cannon NP Creek NP from IN multiple JJ sources NNS in IN sections NNS 29 CD , , 31 CD and CC 32 CD of IN Garfield NP Twp JJ . SENT , , T NN 25 CD N NP , , R NP 6 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT x SYM Silver NP Creek NP from IN its PP$ source NN in IN section NN 1 CD of IN Pioneer NP Twp JJ , , T NN 24 CD N NP , , R NP 7 CD W NP to TO its PP$ confluence NN with IN Little NP Cannon NP Creek NP . SENT y NP Waterhole NP Creek NP and CC all DT tributaries NNS from IN their PP$ multiple JJ sources NNS in IN Garfield NP Township NP , , T NN 25 CD N NP , , R NP 7 CD W NP to TO the DT confluence NN with IN the DT Manistee NP River NP . SENT z SYM Babcock NP Creek NP from IN its PP$ sources NNS in IN section NN 33 CD of IN Garfield NP Township NP , , T NN 25 CD N NP , , R NP 7 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT aa NN Filer NP Creek NP from IN its PP$ source NN in IN Section NP 4 CD of IN Pioneer NP Township NP , , T NN 24 CD N NP , , R NP 7 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT bb NP Nelson NP Creek NP from IN its PP$ sources NNS in IN Section NP 30 CD of IN Garfield NP Township NP , , T NN 25 CD N NP , , R NP 7 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT cc NP Spring NP Creek NP from IN its PP$ sources NNS in IN section NN 22 CD of IN Springfield NP Twp JJ . SENT , , T NN 25 CD N NP , , R NP 8 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT dd NP Bourne NP Creek NP from IN its PP$ sources NNS in IN section NN 29 CD of IN Springfield NP Twp JJ . SENT , , T NN 25 CD N NP , , R NP 8 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT ee JJ Ham NP Creek NP from IN its PP$ source NN in IN Section NP 24 CD of IN Bloomfield NP Twp JJ . SENT , , T NN 24 CD N NP , , R NP 8 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP , , including VVG two CD tributaries NNS with IN sources NNS in IN Sections NNS 3 CD and CC 9 CD . SENT ff NN Gravy NN Creek NP from IN its PP$ source NN in IN section NN 5 CD of IN Bloomfield NP Twp JJ . SENT , , T NN 24 CD N NP , , R NP 8 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT gg NP Haynes NP Creek NP from IN its PP$ source NN in IN section NN 31 CD of IN Springfield NP Twp JJ . SENT , , T NN 25 CD N NP , , R NP 8 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT hh NP Hopkins NP Creek NP from IN its PP$ source NN in IN Section NP 17 CD of IN Forest NP Twp JJ . SENT , , T NN 23 CD N NP , , R NP 7 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT ii NP Fisher NP Creek NP a DT . SENT k NN . SENT a DT . SENT Hopkins NP Creek NP on IN the DT USGS NP topographic JJ map NN from IN its PP$ source NN in IN section NN 31 CD of IN Springfield NP Twp JJ . SENT , , T NN 25 CD N NP , , R NP 8 CD W NP to TO its PP$ confluence NN with IN the DT Manistee NP River NP . SENT jj NP All NP lakes NNS , , ponds NNS , , impoundments NNS or CC other JJ surface NN water NN bodies NNS not RB traditionally RB considered VVN rivers NNS , , streams NNS or CC creeks NNS if IN they PP are VBP a DT contiguous JJ part NN of IN the DT stream NN segments NNS listed VVN in IN subdivisions NNS a DT to TO ii NNS of IN this DT subrule NN . SENT kk NN The DT lands NNS lying VVG within IN 400 CD feet NNS of IN the DT river's NNS edge NN that WDT are VBP enumerated VVN in IN subdivisions NNS a DT to TO jj VV of IN this DT subrule NN . SENT 2 CD If IN uncertainty NN exists VVZ with IN respect NN to TO the DT boundaries NNS of IN the DT district NN as IN shown VVN on IN the DT zoning NN map NN , , then RB all RB of IN the DT following VVG provisions NNS shall MD apply VV . SENT a DT Boundaries NNS that WDT are VBP indicated VVN as IN approximately RB following VVG the DT centerline NN of IN streets NNS or CC highways NNS shall MD be VB construed VVN to TO follow VV the DT centerline NN . SENT b SYM Boundaries NNS that WDT are VBP indicated VVN as IN approximately RB following VVG lot NN lines NNS shall MD be VB construed VVN as IN following VVG the DT lot NN lines NNS . SENT c SYM Boundaries NNS that WDT are VBP indicated VVN as IN approximately RB following VVG city NN , , village NN , , township NN , , or CC county NN boundaries NNS lines NNS shall MD be VB construed VVN as IN following VVG the DT city NN , , village NN , , township NN , , or CC county NN boundary NN lines NNS . SENT d SYM Boundaries NNS that WDT are VBP indicated VVN as IN following VVG railroad NN lines NNS shall MD be VB construed VVN to TO be VB midway NN between IN the DT right NN of IN way NN lines NNS . SENT e SYM Boundaries NNS that WDT are VBP indicated VVN as IN following VVG shorelines NNS shall MD be VB construed VVN to TO follow VV the DT shorelines NNS , , and CC , , in IN the DT event NN of IN change NN in IN the DT shorelines NNS , , shall MD be VB construed VVN as IN moving VVG with IN the DT actual JJ shorelines NNS . SENT Boundaries NNS that WDT are VBP indicated VVN as IN approximately RB following VVG the DT centerline NN of IN streams NNS , , rivers NNS , , canals NNS , , lakes NNS , , or CC other JJ bodies NNS of IN water NN shall MD be VB construed VVN to TO follow VV the DT centerline NN . SENT f SYM Boundaries NNS that WDT are VBP indicated VVN as IN parallel NN to TO or CC extensions NNS of IN features NNS indicated VVN in IN subdivisions NNS a DT to TO e NN of IN this DT subrule NN shall MD be VB so RB construed VVN . SENT Distances NNS that WDT are VBP not RB specifically RB indicated VVN on IN the DT official JJ zoning NN map NN shall MD be VB determined VVN by IN the DT scale NN of IN the DT map NN . SENT g NN If IN physical JJ or CC natural JJ features NNS that WDT exist VVP on IN the DT ground NN are VBP at IN variance NN with IN those DT shown VVN on IN the DT official JJ zoning NN map NN or CC in IN other JJ circumstances NNS are VBP not RB covered VVN by IN the DT provisions NNS of IN subdivisions NNS a DT to TO f NN of IN this DT subrule NN , , then RB the DT zoning NN review NN board NN shall MD interpret VV the DT district NN boundaries NNS . SENT h NN Insofar RB as IN a DT portion NN or CC all DT of IN the DT district NN may MD be VB indicated VVN on IN the DT zoning NN map NN by IN a DT pattern NN which WDT , , for IN the DT sake NN of IN map NN clarity NN , , does VVZ not RB cover VV public JJ rights NNS of IN way NN , , then RB the DT district NN boundaries NNS extend VVP to TO the DT center NN of IN any DT public JJ right NN of IN way NN . SENT 3 CD Certified NP copies NNS of IN the DT Upper NP Manistee NP River NP natural JJ river NN zoning NN map NN shall MD be VB filed VVN with IN all DT of IN the DT following VVG entities NNS . SENT a DT The NP state NN tax NN commission NN . SENT b SYM Local JJ tax NN assessing VVG officers NNS . SENT c SYM Township NP and CC county NN clerks NNS . SENT d SYM County NP drain NN commissioners NNS . SENT e SYM Local JJ building NN department NN . SENT f SYM The DT natural JJ rivers NNS unit NN of IN the DT Michigan NP department NN of IN natural JJ resources NNS . SENT History NN . SENT 2004 CD MR NP 24 CD , , Eff VV . SENT Dec NP . SENT 28 CD , , 2004 CD . SENT R NP 281 CD . SENT 176 CD Zoning NN permits NNS . SENT site NN plans NNS . SENT certificates NNS of IN zoning VVG compliance NN . SENT Rule NN 6 CD . SENT 1 LS A DT building NN or CC other JJ structure NN shall MD not RB be VB erected VVN , , moved VVN , , added VVN to TO , , or CC structurally RB altered VVN , , and CC a DT land NN use NN shall MD not RB be VB commenced VVD , , without IN a DT zoning NN permit VV as RB specified VVN by IN these DT rules NNS and CC as RB issued VVN by IN the DT zoning NN administrator NN . SENT Permits NNS shall MD not RB be VB required VVN for IN exempt JJ activities NNS as IN specified VVN in IN R NP 281 CD . SENT 177 CD . SENT Plans NNS that WDT are VBP submitted VVN when WRB applying VVG for IN a DT zoning NN permit NN shall MD contain VV the DT necessary JJ information NN for IN determining VVG compliance NN with IN these DT rules NNS . SENT 2 LS Concurrent JJ with IN applying VVG for IN a DT zoning NN permit NN , , an DT applicant NN shall MD submit VV a DT site NN plan NN of IN the DT proposed VVN development NN . SENT The DT site NN plan NN shall MD include VV the DT entire JJ area NN that WDT is VBZ proposed VVN for IN development NN . SENT The DT zoning NN administrator NN , , in IN the DT case NN of IN a DT principal JJ use NN application NN , , or CC the DT zoning NN review NN board NN , , in IN the DT case NN of IN a DT special JJ use NN application NN , , may MD require VV adjustments NNS in IN the DT site NN plan NN as IN a DT condition NN for IN approval NN to TO ensure VV that IN the DT proposed VVN development NN meets VVZ all DT standards NNS contained VVN in IN these DT rules NNS . SENT Except IN as RB otherwise RB waived VVN by IN the DT zoning NN administrator NN , , in IN the DT case NN of IN a DT principal JJ use NN application NN , , or CC the DT zoning NN review NN board NN , , in IN the DT case NN of IN a DT special JJ use NN application NN , , a DT site NN plan NN shall MD show VV and CC include VV all DT of IN the DT following NN , , either CC existing VVG or CC proposed VVN . SENT a DT A NP site NN plan NN drawn VVN to TO scale VV , , with IN the DT scale NN indicated VVN . SENT b SYM Property NN dimensions NNS , , including VVG river NN frontage NN . SENT c SYM Size NN , , shape NN , , use NN , , and CC location NN of IN existing VVG and CC proposed VVN buildings NNS or CC improvements NNS , , including VVG distances NNS to TO adjacent JJ property NN boundaries NNS and CC the DT river's NNS edge NN . SENT d SYM Existing JJ vegetation NN , , including VVG the DT location NN and CC type NN . SENT e SYM Adjacent JJ streets NNS and CC highways NNS . SENT f SYM Parking NN areas NNS . SENT g NN Cross NP section NN drawing NN showing VVG height NN of IN buildings NNS above IN water NN level NN and CC bluff JJ heights NNS . SENT h NN Entrances NNS to TO public JJ streets NNS . SENT i NP A DT description NN of IN the DT building NN design NN , , including VVG proposed VVN construction NN materials NNS . SENT j NN Drainage NN facilities NNS . SENT k NN The DT location NN and CC description NN of IN the DT method NN to TO dispose VV of IN sanitary JJ wastes NNS . SENT l NN Proposed VVD landscaping VVG . SENT m NN The DT location NN of IN footpaths NNS . SENT n NN Signs NNS proposed VVD , , including VVG the DT size NN , , location NN , , and CC material NN . SENT o NN North JJ arrow NN . SENT p NN Date NN of IN drawing NN . SENT q NN Detailed JJ site NN location NN map NN . SENT r SYM Any DT additional JJ information NN required VVN by IN the DT zoning NN administrator NN or CC zoning NN review NN board NN to TO carry VV out RP the DT administrator's NNS or CC board's NNS duties NNS . SENT Examples NNS of IN such JJ information NN include VVP the DT following NN . SENT i NP Soil NN types NNS . SENT ii NN Topography NN . SENT iii NP Building NP elevations NNS . SENT iv JJR Site NN photographs NNS . SENT v NN Anticipated VVD traffic NN volumes NNS . SENT vi NP Traffic NP circulation NN patterns NNS . SENT vii NP Other JJ pertinent JJ site NN information NN . SENT 3 LS A DT building NN , , structure NN , , or CC lot NN for IN which WDT a DT zoning NN permit NN has VHZ been VBN issued VVN shall MD not RB be VB occupied VVN , , and CC a DT use NN for IN which WDT a DT zoning NN permit NN has VHZ been VBN issued VVN shall MD not RB commence VV , , until IN the DT zoning NN administrator NN has VHZ , , after IN final JJ inspection NN , , issued VVD a DT certificate NN of IN zoning NN compliance NN that WDT certifies VVZ compliance NN with IN these DT rules NNS . SENT However RB , , the DT issuance NN of IN a DT certificate NN of IN compliance NN shall MD not RB be VB construed VVN as IN waiving VVG any DT provision NN of IN these DT rules NNS . SENT A DT building NN that WDT is VBZ an DT accessory JJ to TO a DT dwelling NN shall MD not RB require VV a DT separate JJ certificate NN of IN zoning VVG compliance NN , , but CC may MD be VB included VVN in IN the DT certificate NN of IN zoning VVG compliance NN for IN the DT dwelling NN if IN shown VVN on IN the DT site NN plan NN and CC if IN completed VVN at IN the DT same JJ time NN as IN the DT dwelling NN . SENT A DT record NN of IN all DT certificates NNS that WDT are VBP issued VVN shall MD be VB kept VVN on IN file NN in IN the DT office NN of IN the DT zoning NN administrator NN . SENT Certificates NNS of IN zoning VVG compliance NN are VBP for IN the DT purposes NNS of IN these DT rules NNS and CC shall MD not RB be VB interpreted VVN as IN substitutes NNS for IN certificates NNS of IN occupancy NN that WDT are VBP required VVN by IN local JJ building NN codes NNS or CC local JJ zoning NN permits NNS . SENT History NN . SENT 2004 CD MR NP 24 CD , , Eff VV . SENT Dec NP . SENT 28 CD , , 2004 CD . SENT R NP 281 CD . SENT 177 CD Land NP use NN and CC development NN standards NNS . SENT Rule NN 7 CD . SENT 1 CD Land NP uses NNS within IN the DT natural JJ river NN district NN are VBP classified VVN as IN exempt JJ , , principal JJ , , or CC special JJ uses NNS and CC are VBP described VVN as RB follows VVZ . SENT a DT Exempt JJ uses NNS are VBP uses NNS which WDT are VBP permitted VVN by IN right JJ and CC which WDT are VBP not RB subject JJ to TO the DT receipt NN of IN a DT zoning NN permit NN . SENT Exempt JJ uses NNS include VVP all DT of IN the DT following NN . SENT i NP Private NP , , noncommercial NN recreation NN which WDT does VVZ not RB involve VV permanent JJ structures NNS , , equipment NN , , or CC other JJ devices NNS , , but CC which WDT includes VVZ camping NN , , boating VVG , , fishing NN , , hunting NN , , and CC other JJ similar JJ activities NNS . SENT ii NN Reforestation NN and CC other JJ accepted JJ forest NN management NN practices NNS that WDT do VVP not RB involve VV permanent JJ structures NNS and CC that WDT are VBP landward JJ of IN the DT native JJ vegetation NN buffer NN . SENT iii NP Agricultural NP activities NNS , , such JJ as IN plowing VVG , , disking VVG and CC planting VVG of IN crops NNS , , including VVG general JJ and CC specialized JJ farming NN such JJ as IN Christmas NP tree NN farms NNS , , provided VVN that IN all DT new JJ activities NNS occur VVP landward RB of IN the DT native JJ vegetation NN buffer NN and CC provided VVD such JJ uses NNS will MD not RB significantly RB contribute VV to TO stream NN degradation NN . SENT Construction NN of IN any DT residential JJ and CC farm VV related JJ structures NNS and CC appurtenances NNS are VBP classified VVN as IN principal JJ uses NNS see VVP subrule NN b NN of IN this DT rule NN and CC are VBP subject JJ to TO zoning VVG permit VV requirements NNS . SENT New JJ aquaculture NN facilities NNS and CC concentrated JJ animal JJ feeding NN operations NNS , , and CC expansion NN of IN existing VVG aquaculture NN facilities NNS and CC concentrated JJ animal JJ feeding NN operations NNS , , are VBP not RB permitted VVN within IN the DT Natural NP River NP District NP without IN a DT land NN use NN variance NN . SENT Resumption NN of IN prior JJ agricultural JJ uses NNS that WDT were VBD located VVN within IN the DT native JJ vegetation NN buffer NN but CC have VHP been VBN discontinued VVN , , such JJ as IN crop NN fields NNS that WDT are VBP rotated VVN , , may MD resume VV if IN 1 CD of IN the DT following VVG criteria NNS are VBP met VVN . SENT A DT The DT cessation NN of IN use NN was VBD within IN 10 CD years NNS of IN resumption NN of IN use NN . SENT B SYM The DT cessation NN of IN use NN was VBD due JJ to TO implementation NN of IN a DT management NN plan NN written VVN prior RB to TO adoption NN of IN these DT rules NNS . SENT C SYM The DT cessation NN of IN use NN was VBD the DT result NN of IN written JJ agreements NNS with IN a DT governmental JJ agency NN or CC agencies NNS entered VVD into IN prior RB to TO adoption NN of IN these DT rules NNS . SENT D SYM The DT cessation NN of IN use NN was VBD the DT result NN of IN written JJ agreements NNS with IN a DT governmental JJ agency NN or CC agencies NNS entered VVD into IN after IN adoption NN of IN these DT rules NNS or CC ordinances NNS implementing VVG this DT plan NN , , where WRB the DT term NN of IN cessation NN of IN use NN specified VVN in IN the DT agreement NN is VBZ for IN 10 CD years NNS or CC less JJR . SENT E SYM The DT cessation NN of IN use NN was VBD required VVN or CC imposed VVN by IN a DT governmental JJ agency NN or CC agencies NNS . SENT iv NN The DT operation NN of IN licensed JJ motor NN vehicles NNS on IN dedicated JJ public JJ roads NNS or CC private JJ roads NNS that WDT are VBP designed VVN to TO provide VV access NN to TO a DT permitted VVN use NN . SENT v NN The DT off JJ road NN operation NN of IN emergency NN and CC public JJ utility NN maintenance NN vehicles NNS , , and CC the DT operation NN of IN motorized VVN or CC non JJ motorized VVN wheelchairs NNS by IN persons NNS with IN disabilities NNS on IN footpaths NNS , , boardwalks NNS , , or CC other JJ designated VVN trails NNS . SENT Other JJ motorized VVN vehicles NNS may MD not RB be VB operated VVN off RP the DT road NN in IN the DT native JJ vegetation NN buffer NN as IN specified VVN in IN R NP 281 CD . SENT 174 CD . SENT vi NP Cutting NP of IN low JJ growing VVG vegetation NN in IN the DT native JJ vegetation NN buffer NN to TO create VV a DT private JJ footpath NN of IN not RB more JJR that IN 4 CD feet NNS in IN width NN leading VVG to TO a DT single JJ point NN on IN the DT river's JJ edge NN . SENT A DT boardwalk NN or CC other JJ above JJ grade NN walkway NN is VBZ considered VVN a DT structure NN and CC requires VVZ a DT zoning NN permit NN . SENT vii NN Signs NNS , , subject JJ to TO the DT provisions NNS of IN R NP 281 CD . SENT 174 CD . SENT viii NP A NP replacement NN residential JJ water NN supply NN well RB , , provided VVD the DT replacement NN well RB is VBZ no RB closer JJR to TO the DT river's JJ edge NN than IN the DT well RB it PP is VBZ replacing VVG and CC is VBZ landward JJ of IN the DT native JJ vegetation NN buffer NN , , and CC the DT replaced VVN well NN is VBZ properly RB abandoned VVN . SENT ix JJ Routine JJ maintenance NN and CC repairs NNS of IN principal JJ uses NNS within IN the DT existing JJ foundation NN and CC structure NN , , subject JJ to TO the DT provisions NNS of IN R NP 281 CD . SENT 180 CD . SENT x SYM Satellite NP dishes NNS that WDT are VBP less JJR than IN 24 CD inches NNS in IN diameter NN and CC that WDT are VBP not RB located VVN in IN the DT native JJ vegetation NN buffer NN . SENT b SYM Principal NN uses NNS are VBP uses NNS which WDT are VBP allowed VVN by IN right NN , , but CC which WDT require VVP the DT issuance NN of IN zoning VVG permits NNS by IN the DT zoning NN administrator NN . SENT Principal JJ uses NNS include VVP all DT of IN the DT following NN . SENT i NP Single NP family NN dwellings NNS , , including VVG detached VVN long JJ term NN rental NN dwellings NNS , , if IN all DT of IN the DT following VVG provisions NNS are VBP complied VVN with IN . SENT A DT Only JJ 1 CD dwelling NN per IN parcel NN unless IN 1 CD of IN the DT following NN occurs VVZ . SENT 1 LS The DT property NN owner NN develops VVZ a DT site NN plan NN for IN the DT parent NN parcel NN showing VVG theoretical JJ property NN lines NNS for IN individual JJ lots NNS based VVN on IN Natural NP River NP development NN standards NNS , , and CC locates VVZ any DT additional JJ residences NNS and CC appurtenances NNS as IN if IN the DT property NN were VBD divided VVN into IN those DT separate JJ lots NNS . SENT 2 CD For IN each DT single JJ family NN dwelling NN placed VVN in IN a DT cluster NN type NN setting VVG so RB that IN the DT requirements NNS in IN subdivision NN b NN i NP A NP 1 CD are VBP not RB met VVN , , a DT portion NN of IN the DT parent NN parcel NN containing VVG square JJ footage NN , , width NN , , depth NN and CC buildable JJ area NN equal JJ to TO a DT newly RB created VVN separate JJ legal JJ parcel NN as IN described VVN in IN R NP 281 CD . SENT 174 CD shall MD be VB made VVN subject JJ to TO a DT permanent JJ conservation NN easement NN or CC deed NN restriction NN that WDT prohibits VVZ construction NN of IN any DT structures NNS within IN that DT portion NN of IN the DT parcel NN , , or CC the DT development NN rights NNS to TO a DT portion NN of IN the DT parent NN parcel NN containing VVG square JJ footage NN , , width NN , , depth NN , , and CC buildable JJ area NN equal JJ to TO a DT newly RB created VVN separate JJ legal JJ lot NN or CC parcel NN as IN described VVN in IN R NP 281 CD . SENT 174 CD shall MD be VB sold VVN , , donated VVN or CC otherwise RB conveyed VVD in IN perpetuity NN to TO a DT land NN conservancy NN , , local JJ unit NN of IN government NN , , or CC the DT state NN . SENT The DT agency NN acquiring VVG the DT development NN rights NNS shall MD agree VV in IN writing VVG to TO refrain VV from IN development NN of IN the DT land NN in IN perpetuity NN . SENT B NP Building NP setback NN for IN lots NNS shall MD be VB not RB less JJR than IN 100 CD feet NNS from IN the DT ordinary JJ high JJ watermark NN on IN the DT mainstream NN and CC other JJ designated VVN tributaries NNS , , except IN as RB described VVN in IN subdivision NN b NN i NP C NP of IN this DT rule NN . SENT Structures NNS shall MD be VB set VVN back RB not RB less JJR than IN 50 CD feet NNS from IN the DT crest NN of IN a DT bluff NN on IN the DT mainstream NN and CC not RB less JJR than IN 25 CD feet NNS from IN the DT crest NN of IN a DT bluff NN on IN designated VVN tributaries NNS . SENT No DT building NN shall MD take VV place NN on IN land NN that WDT is VBZ subject JJ to TO flooding VVG or CC in IN any DT wetland NN area NN . SENT The DT natural JJ contour NN of IN the DT face NN and CC crest NN of IN the DT bluff NN shall MD not RB be VB altered VVN . SENT The DT land NN between IN the DT crest NN of IN the DT bluff NN and CC the DT minimum JJ building NN setback NN line NN shall MD not RB be VB altered VVN except IN for IN minor JJ landscaping VVG activities NNS . SENT C NP Building NP setbacks NNS in IN areas NNS of IN concentrated JJ development NN are VBP as RB follows VVZ . SENT If IN a DT vacant JJ legal JJ nonconforming JJ parcel NN is VBZ between IN and CC adjacent JJ to TO 2 CD parcels NNS that WDT contain VVP legal JJ single JJ family NN dwellings NNS that WDT do VVP not RB meet VV the DT minimum JJ building NN setbacks NNS , , and CC the DT adjacent JJ legal JJ non JJ conforming VVG single JJ family NN dwellings NNS are VBP within IN 300 CD feet NNS of IN each DT other JJ , , then RB the DT minimum JJ building NN setback NN for IN a DT new JJ single JJ family NN dwelling NN on IN the DT vacant JJ parcel NN is VBZ the DT distance NN from IN the DT river NN of IN the DT adjacent JJ single JJ family NN dwelling NN that WDT is VBZ farthest JJ from IN the DT river's JJ edge NN or CC the DT minimum JJ required JJ width NN of IN the DT native JJ vegetation NN buffer NN , , whichever WDT is VBZ greater JJR , , provided VVD the DT single JJ family NN dwelling NN is VBZ not RB placed VVN on IN lands NNS that WDT are VBP subject JJ to TO flooding VVG or CC in IN any DT wetland NN area NN . SENT All DT appurtenances NNS and CC accessory JJ buildings NNS shall MD meet VV the DT minimum JJ required JJ building NN setback NN described VVN in IN subdivision NN b NN i NP B NP . SENT All DT structures NNS shall MD be VB set VVN back RB not RB less JJR than IN 50 CD feet NNS from IN the DT crest NN of IN a DT bluff NN on IN the DT mainstream NN and CC not RB less JJR than IN 25 CD feet NNS from IN the DT crest NN of IN a DT bluff NN on IN designated VVN tributaries NNS . SENT The DT natural JJ contour NN of IN the DT face NN and CC crest NN of IN the DT bluff NN shall MD not RB be VB altered VVN . SENT The DT land NN between IN the DT crest NN of IN the DT bluff NN and CC the DT minimum JJ building NN setback NN line NN shall MD not RB be VB altered VVN except IN for IN minor JJ landscaping VVG activities NNS . SENT ii NN Expansion NN of IN a DT legal JJ nonconforming JJ single JJ family NN dwelling NN subject JJ to TO the DT provisions NNS of IN R NP 281 CD . SENT 180 CD . SENT iii NP Accessory JJ buildings NNS and CC appurtenances NNS that WDT meet VVP requirements NNS of IN paragraph NN i NP of IN this DT subdivision NN . SENT iv NP One NP private JJ boat NN dock NN per IN parcel NN , , subject JJ to TO R NP 281 CD . SENT 174 CD . SENT v NN One CD private JJ river NN access NN stairway NN per IN parcel NN , , subject JJ to TO R NP 281 CD . SENT 174 CD . SENT vi NP Utility NP lines NNS to TO service VV private JJ , , single JJ family NN dwellings NNS . SENT vii NN Disposal NN fields NNS , , septic JJ tanks NNS , , and CC outhouses NNS if IN all DT of IN the DT following VVG provisions NNS are VBP complied VVN with IN . SENT A DT The DT septic JJ tank NN and CC disposal NN field NN meet VV local JJ health NN department NN standards NNS . SENT B SYM The DT disposal NN fields NNS shall MD be VB located VVN not RB less JJR than IN 100 CD feet NNS from IN the DT ordinary JJ high JJ watermark NN and CC any DT surface NN or CC subsurface JJ drain NN that IN discharges NNS into IN the DT Upper NP Manistee NP River NP or CC its PP$ designated VVN tributaries NNS , , and CC shall MD not RB be VB located VVN within IN the DT 100 CD year NN floodplain NN , , a DT wetland NP area NN , , or CC the DT native JJ vegetation NN buffer NN . SENT C SYM The DT septic JJ tank NN shall MD be VB no RB closer JJR to TO the DT river NN than IN the DT dwelling NN it PP serves VVZ and CC shall MD not RB be VB located VVN within IN the DT 100 CD year NN floodplain NN or CC a DT wetland NN area NN . SENT D SYM The DT bottom NN of IN the DT disposal NN field NN shall MD be VB at IN least JJS 4 CD feet NNS above IN the DT seasonal JJ high JJ groundwater NP table NN . SENT E SYM An DT outhouse NN shall MD be VB constructed VVN using VVG a DT watertight JJ waste NN containment NN system NN which WDT allows VVZ waste NN to TO be VB pumped VVN and CC hauled VVD to TO an DT appropriate JJ disposal NN site NN , , shall MD be VB located VVN not RB less JJR than IN 100 CD feet NNS from IN the DT ordinary JJ high JJ watermark NN and CC any DT surface NN or CC subsurface JJ drain NN that IN discharges NNS into IN the DT Upper NP Manistee NP River NP or CC its PP$ designated VVN tributaries NNS , , and CC shall MD not RB be VB located VVN within IN the DT 100 CD year NN floodplain NN , , a DT wetland NP area NN , , or CC the DT native JJ vegetation NN buffer NN . SENT F NP Drywells NP and CC earth NN privies NNS are VBP not RB permitted VVN unless IN they PP are VBP authorized VVN by IN the DT local JJ health NN department NN , , are VBP a DT minimum NN of IN 100 CD feet NNS from IN the DT ordinary JJ high JJ water NN mark NN , , and CC the DT bottom NN of IN the DT pit NN or CC seepage NN bed NN is VBZ at IN least JJS 4 CD feet NNS above IN the DT seasonal JJ high JJ groundwater NP table NN . SENT G NP An DT innovative JJ on IN site NN treatment NN system NN that IN results NNS in IN a DT higher JJR level NN of IN treatment NN than IN a DT conventional JJ system NN may MD be VB located VVN not RB less JJR than IN 75 CD feet NNS from IN the DT river's JJ edge NN , , provided VVD no DT part NN of IN the DT system NN is VBZ in IN a DT wetland NN or CC the DT 100 CD year NN floodplain NN . SENT H NP Disposal NN of IN sludge NN from IN any DT wastewater NN treatment NN system NN is VBZ prohibited VVN in IN the DT Natural NP River NP District NP . SENT viii NP Water NP supply NN wells NNS serving VVG exempt JJ , , principal JJ , , or CC special JJ uses NNS if IN the DT well RB is VBZ landward JJ of IN the DT native JJ vegetation NN buffer NN described VVN in IN R NP 281 CD . SENT 174 CD . SENT ix JJ Mining NN and CC extracting VVG industries NNS , , if IN all DT land NN disturbance NN , , structures NNS , , and CC other JJ activities NNS related VVN to TO the DT industry NN are VBP located VVN more JJR than IN 300 CD feet NNS from IN the DT ordinary JJ high JJ watermark NN . SENT x SYM Land NP divisions NNS , , if IN the DT minimum JJ standards NNS specified VVN in IN R NP 281 CD . SENT 174 JJ are VBP met VVN . SENT A DT zoning NN permit NN , , special JJ use NN permit NN or CC variance NN will MD not RB be VB granted VVN for IN any DT activity NN on IN a DT parcel NN that WDT is VBZ created VVN after IN the DT effective JJ date NN of IN these DT rules NNS if IN the DT new JJ parcel NN does VVZ not RB meet VV all DT of IN the DT standards NNS in IN R NP 281 CD . SENT 174 CD . SENT No DT new JJ parcel NN will MD be VB created VVN that WDT would MD require VV reaching VVG the DT only JJ buildable JJ area NN by IN constructing VVG a DT road NN stream NN crossing VVG . SENT xi NN Home NN occupations NNS and CC home RB based VVN occupations NNS , , subject JJ to TO the DT provisions NNS of IN Rule NP 4 CD . SENT xii NP Land NP alteration NN , , such JJ as IN grading VVG , , dredging VVG , , and CC filling VVG of IN the DT land NN surface NN , , except IN thin JJ the DT native JJ vegetation NN buffer NN , , on IN the DT face NN or CC crest NN of IN a DT bluff NN , , or CC in IN a DT wetland NN or CC floodplain NN as IN defined VVN in IN R NP 281 CD . SENT 171 CD . SENT Draining VVG wetlands NNS is VBZ prohibited VVN . SENT Ponds NNS may MD be VB constructed VVN if IN the DT pond NN is VBZ not RB constructed VVN in IN a DT wetland NN or CC the DT 100 CD year NN floodplain NN , , the DT pond NN meets VVZ the DT building NN setback NN established VVN for IN the DT area NN , , spoils NNS are VBP placed VVN in IN a DT non JJ wetland NN , , non JJ floodplain NN area NN landward RB of IN the DT native JJ vegetation NN buffer NN , , and CC the DT pond NN is VBZ not RB connected VVN to TO the DT river NN by IN any DT surface NN or CC subsurface JJ drainage NN system NN . SENT xiii NP Bridges NP , , including VVG any DT structure NN of IN any DT span NN length NN designed VVN to TO provide VV a DT pedestrian NN or CC vehicle NN stream NN crossing VVG , , subject JJ to TO the DT following VVG standards NNS . SENT A DT All NP existing JJ bridges NNS that WDT are VBP destroyed VVN by IN any DT means NN , , whether IN on IN a DT tributary NN or CC mainstream NN segment NN , , may MD be VB replaced VVN . SENT On IN mainstream JJ segments NNS , , destroyed VVD pedestrian JJ bridges NNS may MD not RB be VB replaced VVN with IN vehicle NN bridges NNS . SENT Destroyed VVN bridges NNS shall MD be VB replaced VVN within IN 18 CD months NNS of IN destruction NN or CC the DT replacement NN bridge NN shall MD be VB considered VVN to TO be VB a DT new JJ bridge NN and CC will MD be VB subject JJ to TO new JJ bridge NN standards NNS . SENT B NP New NP bridges NNS are VBP not RB permitted VVN on IN any DT parcel NN that WDT is VBZ created VVN after IN the DT effective JJ date NN of IN these DT rules NNS . SENT C NP New NP bridges NNS of IN any DT type NN are VBP prohibited VVN on IN mainstream JJ segments NNS . SENT D SYM All DT replacement NN bridges NNS on IN mainstream JJ segments NNS shall MD span VV the DT bankfull NN channel NN , , have VHP a DT minimum JJ clearance NN of IN 5 CD feet NNS between IN the DT ordinary JJ high JJ water NN mark NN and CC low JJ steel NN the DT bottom NN of IN the DT bridge NN deck NN and CC or CC deck NN supports NNS other JJ than IN abutments NNS , , and CC be VB a DT structure NN with IN a DT natural JJ bottom NN , , for IN example NN , , pipe NN , , box NN , , or CC arch NN culverts NNS are VBP not RB permitted VVN . SENT E NP New NP pedestrian NN bridges NNS are VBP permitted VVN on IN all DT tributaries NNS provided VVD the DT lands NNS connected VVN by IN a DT new JJ bridge NN were VBD , , at IN the DT time NN of IN adoption NN of IN these DT rules NNS , , and CC continue VVP to TO be VB , , collectively RB owned VVN by IN a DT single JJ person NN . SENT F SYM New NP bridges NNS linking VVG properties NNS in IN separate JJ ownership NN shall MD not RB be VB permitted VVN except IN in IN areas NNS where WRB construction NN of IN such PDT a DT bridge NN to TO access VV a DT permitted VVN building NN site NN will MD result VV in IN less JJR resource NN damage NN than IN construction NN of IN another DT type NN of IN permitted VVN access NN . SENT The DT exception NN shall MD only RB apply VV to TO lots NNS that WDT were VBD created VVN before IN the DT effective JJ date NN of IN these DT rules NNS . SENT G NP Only RB 1 CD bridge NN is VBZ permitted VVN to TO access VV a DT portion NN of IN land NN that WDT is VBZ otherwise RB inaccessible JJ from IN the DT owner's JJ contiguous JJ property NN . SENT H NP Permanent JJ new JJ bridges NNS on IN tributaries NNS shall MD span VV the DT bankfull NN channel NN and CC be VB a DT structure NN with IN a DT natural JJ bottom NN , , for IN example NN , , pipe NN , , box NN or CC arch NN culverts NNS are VBP not RB permitted VVN , , and CC , , in IN the DT case NN of IN pedestrian JJ bridges NNS , , be VB constructed VVN such JJ that IN use NN by IN any DT motorized VVN vehicles NNS , , such JJ as IN dirt NN bikes NNS and CC ATVs NNS , , are VBP excluded VVN . SENT I PP Permanent JJ bridges NNS replacing VVG bridges NNS that WDT have VHP natural JJ bottoms NNS on IN tributaries NNS shall MD span VV the DT bankfull NN channel NN and CC be VB a DT structure NN with IN a DT natural JJ bottom NN , , for IN example NN , , pipe NN , , box NN , , or CC arch NN culverts NNS , , are VBP not RB permitted VVN , , and CC in IN the DT case NN of IN pedestrian JJ bridges NNS , , be VB constructed VVN such JJ that IN use NN by IN any DT motorized VVN vehicles NNS , , such JJ as IN dirt NN bikes NNS and CC ATVs NNS , , are VBP excluded VVN . SENT J NP Permanent JJ bridges NNS replacing VVG bridges NNS without IN natural JJ bottoms NNS on IN tributaries NNS shall MD span VV the DT bankfull NN channel NN , , and CC , , in IN the DT case NN of IN pedestrian JJ bridges NNS , , be VB constructed VVN such JJ that IN use NN by IN any DT motorized VVN vehicles NNS , , such JJ as IN dirt NN bikes NNS and CC ATVs NNS , , are VBP excluded VVN . SENT K NP Temporary JJ vehicle NN bridges NNS on IN tributaries NNS for IN the DT purpose NN of IN access NN for IN timber NN harvest NN may MD be VB permitted VVN provided VVN they PP are VBP constructed VVN in IN a DT manner NN that WDT minimizes VVZ disruption NN of IN the DT stream NN and CC are VBP removed VVN immediately RB after IN harvesting NN activities NNS . SENT Disturbed JJ areas NNS in IN the DT native JJ vegetation NN buffer NN shall MD be VB re IN vegetated VVN , , any DT fill NN placed VVN shall MD be VB removed VVN and CC the DT land NN shall MD be VB returned VVN to TO its PP$ original JJ grade NN as IN soon RB as RB possible JJ after IN removal NN of IN the DT bridge NN . SENT Proper JJ erosion NN sedimentation NN control NN methods NNS shall MD be VB used VVN during IN placement NN and CC use NN of IN the DT bridge NN . SENT L NP New NP permanent JJ vehicle NN bridges NNS on IN tributaries NNS may MD be VB allowed VVN upon IN receipt NN of IN a DT special JJ use NN permit NN . SENT xiv NP Forest NP management NN activities NNS within IN the DT native JJ vegetation NN buffer NN , , subject JJ to TO the DT provisions NNS of IN R NP 281 CD . SENT 174 CD . SENT xv NN Boardwalks NNS that WDT meet VVP the DT setback NN requirements NNS of IN subrule NN 2 CD C NP of IN this DT rule NN and CC boardwalks NNS associated VVN with IN a DT footpath NN to TO the DT river's JJ edge NN subject NN to TO R NP 281 CD . SENT 174 CD 6 CD . SENT c SYM The DT Upper NP Manistee NP River NP natural JJ river NN plan NN and CC these DT rules NNS recognize VVP that IN certain JJ types NNS of IN residential JJ , , recreational JJ , , and CC commercial JJ uses NNS may MD be VB appropriate JJ for IN the DT natural JJ river NN district NN that WDT have VHP not RB been VBN identified VVN under IN the DT exempt JJ and CC principal JJ uses NNS provisions NNS of IN this DT rule NN . SENT To TO ensure VV that IN such JJ uses NNS do VVP not RB contravene VV the DT goals NNS and CC objectives NNS of IN the DT Upper NP Manistee NP River NP natural JJ river NN plan NN and CC these DT rules NNS , , such JJ uses NNS shall MD be VB referred VVN to TO as IN special JJ uses NNS and CC shall MD be VB subject JJ to TO the DT review NN and CC approval NN of IN the DT zoning NN review NN board NN . SENT Special JJ uses NNS and CC their PP$ development NN standards NNS include VVP all DT of IN the DT following NN . SENT i NP Detached VVN rental JJ cabins NNS , , if IN all DT of IN the DT following VVG provisions NNS are VBP complied VVN with IN . SENT A DT The DT number NN of IN cabins NNS permitted VVN shall MD be VB based VVN on IN the DT rate NN of IN 1 CD cabin NN per IN 200 CD feet NNS of IN frontage NN . SENT Clustering VVG of IN rental JJ cabins NNS is VBZ permitted VVN and CC encouraged VVN . SENT however RB , , there EX shall MD not RB be VB more JJR than IN 1 CD cabin NN per IN 200 CD feet NNS of IN river NN frontage NN . SENT For IN each DT cabin NN placed VVN in IN a DT cluster NN type NN setting NN , , a DT portion NN of IN the DT parent NN parcel NN containing VVG square JJ footage NN , , width NN , , depth NN and CC buildable JJ area NN equal JJ to TO a DT newly RB created VVN separate JJ legal JJ parcel NN as IN described VVN in IN R NP 281 CD . SENT 174 CD shall MD be VB made VVN subject JJ to TO a DT permanent JJ conservation NN easement NN or CC deed NN restriction NN that WDT prohibits VVZ construction NN of IN any DT structures NNS within IN that DT portion NN of IN the DT parcel NN , , or CC the DT development NN rights NNS to TO a DT portion NN of IN the DT parent NN parcel NN containing VVG square JJ footage NN , , width NN , , depth NN and CC buildable JJ area NN equal JJ to TO a DT newly RB created VVN separate JJ legal JJ lot NN or CC parcel NN as IN described VVN in IN R NP 281 CD . SENT 174 CD will MD be VB sold VVN , , donated VVN , , or CC otherwise RB conveyed VVD in IN perpetuity NN to TO a DT land NN conservancy NN , , local JJ unit NN of IN government NN , , or CC the DT state NN . SENT The DT agency NN acquiring VVG the DT development NN rights NNS shall MD agree VV in IN writing VVG to TO refrain VV from IN development NN of IN the DT land NN in IN perpetuity NN . SENT B SYM The DT size NN of IN each DT cabin NN shall MD not RB exceed VV 900 CD square JJ feet NNS and CC 1 CD story NN in IN height NN . SENT The DT cabin NN shall MD not RB contain VV sleeping VVG accommodations NNS for IN more JJR than IN 8 CD people NNS . SENT C SYM Each DT cabin NN shall MD be VB set VVN back RB a DT minimum NN of IN 200 CD feet NNS from IN the DT ordinary JJ high JJ watermark NN . SENT All DT associated VVN buildings NNS and CC structures NNS shall MD be VB located VVN outside IN of IN the DT Natural NP River NP District NP . SENT D SYM Temporary JJ recreational JJ facilities NNS , , including VVG tents NNS , , camper JJR trailers NNS , , and CC recreational JJ vehicles NNS shall MD be VB located VVN outside IN of IN the DT Natural NP River NP District NP . SENT E SYM Each DT cabin NN shall MD be VB a DT minimum NN of IN 75 CD feet NNS from IN the DT property NN line NN of IN adjacent JJ riverfront NN properties NNS . SENT F SYM Establishment NN of IN vegetative JJ buffers NNS along IN side NN or CC back JJ lot NN lines NNS may MD be VB required VVN for IN rental JJ cabins NNS that WDT are VBP adjacent JJ to TO existing VVG residential JJ uses NNS . SENT Buffers NNS shall MD consist VV of IN plant NN material NN that WDT is VBZ indigenous JJ to TO the DT area NN in IN a DT strip NN at IN least JJS 20 CD feet NNS wide RB composed VVN of IN deciduous JJ trees NNS interspersed VVN with IN coniferous JJ trees NNS to TO be VB spaced VVN not RB more JJR than IN 10 CD feet NNS apart RB . SENT Deciduous JJ trees NNS shall MD be VB a DT minimum NN of IN 8 CD feet NNS in IN height NN and CC coniferous JJ trees NNS a DT minimum NN of IN 5 CD feet NNS in IN height NN at IN the DT time NN of IN planting NN . SENT The DT buffer NN shall MD also RB include VV dense JJ shrubs NNS placed VVD not RB less JJR than IN 5 CD feet NNS apart RB having VHG a DT minimum NN of IN 3 CD feet NNS in IN height NN when WRB planted VVN . SENT The DT entire JJ buffer NN shall MD be VB maintained VVN in IN at IN least JJS as RB healthy JJ a DT condition NN as IN when WRB planted VVN . SENT G NP Docks NNS may MD be VB constructed VVN for IN the DT private JJ use NN of IN occupants NNS of IN the DT rental JJ cabins NNS . SENT Permanent JJ and CC seasonal JJ docks NNS shall MD comply VV with IN the DT general JJ standards NNS for IN docks NNS and CC all DT of IN the DT following VVG provisions NNS . SENT 1 CD Docks NNS shall MD be VB not RB larger JJR than IN 48 CD square JJ feet NNS , , with IN not RB more JJR than IN 4 CD feet NNS of IN the DT dock NN extending VVG into IN the DT water NN . SENT 2 CD Docks NNS may MD be VB constructed VVN at IN the DT rate NN of IN 1 CD dock NN per IN 1000 CD feet NNS of IN frontage NN . SENT If IN the DT property NN in IN question NN contains VVZ less JJR than IN 1000 CD feet NNS of IN frontage NN , , 1 CD dock NN will MD be VB permitted VVN . SENT 3 CD Docks NNS shall MD be VB constructed VVN of IN natural JJ materials NNS that IN blend NN with IN the DT natural JJ surroundings NN . SENT 4 CD Access NP to TO a DT dock NN or CC docks NNS shall MD be VB along IN a DT single JJ designated VVN footpath NN not RB more JJR than IN 4 CD feet NNS wide JJ to TO minimize VV disruption NN of IN the DT native JJ vegetation NN buffer NN . SENT 5 LS Any DT steps NNS or CC stairs NNS necessary JJ on IN the DT streambank NN to TO access VV the DT dock NN shall MD be VB constructed VVN without IN cutting VVG into IN the DT ground NN surface NN , , unless IN site NN and CC soil NN conditions NNS indicate VVP that IN a DT recessed VVN stairway NN will MD better RBR meet VV the DT goals NNS and CC objectives NNS of IN designation NN . SENT ii NN Campgrounds NNS , , including VVG those DT with IN provisions NNS for IN tents NNS , , travel NN trailers NNS , , campers NNS , , and CC motor NN homes NNS , , with IN associated VVN noncommercial NN buildings NNS , , impervious JJ pads NNS , , and CC utility NN hookups NNS , , if IN all DT of IN the DT following VVG provisions NNS are VBP complied VVN with IN . SENT A DT Campgrounds NNS shall MD be VB constructed VVN and CC maintained VVN in IN accordance NN with IN all DT applicable JJ state NN regulations NNS . SENT B SYM Commercial JJ buildings NNS associated VVN with IN the DT campground NN are VBP prohibited VVN in IN the DT Natural NP River NP District NP . SENT C SYM All DT permanent JJ structures NNS shall MD be VB at IN least JJS 200 CD feet NNS from IN the DT river's JJ edge NN . SENT D NP Campsites NNS are VBP permitted VVN at IN a DT density NN of IN not RB more JJR than IN 4 CD sites NNS per IN acre NN of IN land NN that WDT is VBZ located VVN in IN the DT Natural NP River NP District NP and CC landward RB of IN the DT native JJ vegetation NN buffer NN . SENT E SYM A DT 100 CD foot NN wide JJ native JJ vegetation NN buffer NN along IN the DT river NN shall MD be VB maintained VVN . SENT F SYM Campsites NNS that WDT accommodate VVP wheeled VVN motor NN vehicles NNS shall MD be VB at IN least JJS 200 CD feet NNS from IN the DT river's JJ edge NN . SENT G NP Walk VVP in IN campsites NNS shall MD be VB landward JJ of IN the DT native JJ vegetation NN buffer NN . SENT H NP Docks NNS may MD be VB constructed VVN at IN the DT rate NN of IN 1 CD dock NN not RB larger JJR than IN 48 CD square JJ feet NNS for IN each DT 200 CD feet NNS of IN river NN frontage NN , , accessed VVN by IN a DT single JJ footpath NN not RB more JJR than IN 4 CD feet NNS wide JJ . SENT I PP No DT motorized VVN vehicle NN access NN to TO the DT river NN is VBZ permitted VVN . SENT J NP Launching NN or CC retrieval NN of IN commercial JJ watercraft NN , , other JJ than IN by IN registered JJ campers NNS on IN site NN , , is VBZ prohibited VVN at IN any DT newly RB developed VVN campground NN . SENT iii NP Permanent JJ vehicle NN bridges NNS on IN tributaries NNS subject JJ to TO the DT provisions NNS of IN R NP 281 CD . SENT 177 CD . SENT History NN . SENT 2004 CD MR NP 24 CD , , Eff VV . SENT Dec NP . SENT 28 CD , , 2004 CD . SENT R NP 281 CD . SENT 178 CD Application NN and CC approval NN . SENT procedures NNS and CC standards NNS . SENT principal JJ uses NNS and CC special JJ uses NNS . SENT Rule NN 8 CD . SENT 1 LS An DT application NN for IN a DT principal JJ use NN shall MD be VB submitted VVN and CC processed VVN pursuant JJ to TO all PDT the DT following VVG procedures NNS . SENT a DT An DT application NN for IN a DT principal JJ use NN shall MD be VB made VVN on IN an DT application NN form NN that WDT is VBZ available JJ from IN the DT zoning NN administrator NN and CC shall MD be VB returned VVN to TO the DT zoning NN administrator NN . SENT A DT completed VVN application NN shall MD contain VV all DT of IN the DT following VVG information NN . SENT i NP A NP completed VVD application NN form NN that WDT is VBZ signed VVN by IN the DT applicant NN or CC the DT applicant's NNS representative NN . SENT ii NP A NP site NN plan NN that WDT meets VVZ the DT requirements NNS of IN R NP 281 CD . SENT 176 CD . SENT iii NN Evidence NN of IN ownership NN or CC a DT legal JJ interest NN in IN the DT property NN that WDT is VBZ affected VVN by IN the DT application NN for IN a DT principal JJ use NN . SENT b SYM Within IN 21 CD days NNS of IN receipt NN of IN an DT application NN for IN a DT principal JJ use NN , , the DT zoning NN administrator NN shall MD notify VV the DT applicant NN of IN the DT need NN for IN additional JJ information NN . SENT c SYM Within IN 30 CD days NNS of IN receipt NN of IN a DT completed VVN application NN , , the DT zoning NN administrator NN shall MD issue VV or CC deny VV a DT permit NN . SENT If IN a DT permit NN is VBZ denied VVN , , notice NN of IN the DT denial NN , , together RB with IN the DT reasons NNS for IN the DT denial NN , , shall MD be VB sent VVN to TO the DT applicant NN . SENT d SYM Concurrent JJ with IN the DT issuance NN of IN a DT zoning NN permit NN , , an DT applicant NN shall MD receive VV a DT copy NN of IN the DT approved VVN site NN plan NN . SENT e SYM Before RB commencing VVG construction NN of IN a DT principal JJ use NN , , an DT applicant NN shall MD display VV the DT permit NN required VVN by IN these DT rules NNS face VVP out RP in IN a DT conspicuous JJ place NN facing VVG the DT nearest JJS street NN or CC roadway NN and CC shall MD display VV it PP continuously RB until IN the DT purpose NN for IN which WDT the DT permit NN was VBD issued VVN is VBZ completed VVN . SENT f SYM Zoning NN permits NNS are VBP valid JJ for IN 1 CD year NN and CC are VBP not RB transferable JJ . SENT All DT buildings NNS shall MD be VB completed VVN within IN 1 CD year NN from IN the DT date NN of IN issuance NN of IN the DT zoning NN permit NN . SENT However RB , , 1 CD extension NN may MD be VB authorized VVN by IN the DT zoning NN administrator NN , , in IN writing NN , , for IN a DT period NN of IN not RB more JJR than IN 6 CD months NNS if IN conditions NNS pertaining VVG to TO the DT issuance NN of IN the DT original JJ permit NN remain VVP unchanged JJ . SENT An DT application NN for IN an DT extension NN shall MD be VB made VVN before IN the DT permit NN expires VVZ . SENT Any DT subsequent JJ extensions NNS for IN a DT variance NN approval NN shall MD have VH the DT written JJ approval NN of IN the DT zoning NN review NN board NN . SENT 2 LS An DT application NN for IN a DT special JJ use NN permit NN shall MD be VB submitted VVN and CC processed VVN pursuant JJ to TO all PDT the DT following VVG procedures NNS . SENT a DT An DT application NN for IN a DT special JJ use NN permit NN shall MD be VB made VVN on IN an DT application NN form NN that WDT is VBZ available JJ from IN the DT zoning NN administrator NN and CC shall MD be VB returned VVN to TO the DT zoning NN administrator NN . SENT A DT completed VVN application NN shall MD contain VV all DT of IN the DT following VVG information NN and CC attachments NNS . SENT i NP A NP completed VVD application NN form NN that WDT is VBZ signed VVN by IN the DT applicant NN or CC the DT applicant's NNS representative NN . SENT ii NNS Eight CD copies NNS of IN a DT site NN plan NN that WDT meets VVZ the DT requirements NNS of IN R NP 281 CD . SENT 176 CD . SENT iii NN Evidence NN of IN ownership NN or CC a DT legal JJ interest NN in IN the DT property NN that WDT is VBZ affected VVN by IN the DT application NN for IN a DT special JJ use NN . SENT iv NN A DT list NN of IN all DT property NN owners NNS , , together RB with IN their PP$ addresses NNS , , who WP are VBP located VVN within IN 300 CD feet NNS of IN the DT applicant's NNS property NN that WDT is VBZ being VBG considered VVN for IN a DT special JJ use NN . SENT b SYM The DT application NN , , together RB with IN the DT required VVN attachments NNS , , shall MD be VB submitted VVN not RB less JJR than IN 30 CD days NNS before IN the DT meeting NN of IN the DT zoning NN review NN board NN at IN which WDT the DT application NN is VBZ to TO be VB considered VVN . SENT c SYM The DT zoning NN review NN board NN shall MD conduct VV at IN least JJS 1 CD public JJ hearing NN and CC shall MD require VV all DT of IN the DT following VVG notifications NNS of IN such JJ hearing NN to TO be VB made VVN not RB less JJR than IN 5 CD , , nor CC more JJR than IN 15 CD , , days NNS before IN consideration NN of IN the DT special JJ use NN application NN . SENT i NP One NP notice NN shall MD be VB published VVN in IN a DT newspaper NN that WDT circulates VVZ in IN the DT township NN in IN which WDT the DT proposal NN is VBZ located VVN . SENT ii NP Notice NP shall MD be VB sent VVN by IN first JJ class NN mail NN or CC personal JJ delivery NN to TO the DT owners NNS of IN property NN for IN which WDT approval NN is VBZ being VBG considered VVN and CC to TO all DT persons NNS who WP are VBP identified VVN in IN 2 CD a DT iv NN of IN this DT subrule NN . SENT iii NP Notice NP shall MD also RB be VB sent VVN to TO all DT of IN the DT following VVG entities NNS . SENT A DT The DT natural JJ rivers NNS unit NN of IN the DT Michigan NP department NN of IN natural JJ resources NNS . SENT B SYM Local JJ tax NN assessing VVG officials NNS . SENT C NP Township NP and CC county NN clerks NNS . SENT D SYM Local JJ building NN inspectors NNS . SENT E NP State NP , , district NN , , or CC county NN health NN department NN , , when WRB applicable JJ . SENT d SYM In IN considering VVG a DT special JJ use NN application NN , , the DT zoning NN review NN board NN shall MD require VV that IN all DT of IN the DT following VVG general JJ standards NNS , , in IN addition NN to TO those DT specific JJ standards NNS established VVN for IN each DT special JJ use NN in IN R NP 281 CD . SENT 177 RB be VB satisfied VVN . SENT i NP That IN the DT purposes NNS specified VVN in IN R NP 281 CD . SENT 172 JJ are VBP accomplished VVN . SENT ii NNS That IN a DT compelling JJ reason NN exists VVZ to TO locate VV the DT proposed VVN use NN within IN the DT district NN boundaries NNS if IN contiguous JJ property NN under IN the DT same JJ ownership NN is VBZ available JJ outside IN the DT district NN . SENT iii NNS That IN the DT proposed VVN use NN in IN combination NN with IN other JJ existing JJ uses NNS will MD not RB be VB a DT detriment NN to TO the DT public JJ health NN , , safety NN , , and CC welfare NN . SENT e SYM The DT zoning NN review NN board NN may MD impose VV conditions NNS deemed VVN necessary JJ to TO accomplish VV the DT general JJ and CC specific JJ standards NNS applicable JJ to TO the DT proposed VVN use NN . SENT f SYM The DT concurring VVG vote NN of IN at IN least JJS 4 CD of IN the DT 7 CD voting NN members NNS of IN the DT zoning NN review NN board NN shall MD be VB required VVN to TO approve VV a DT special JJ use NN . SENT g NN A DT special JJ use NN that WDT is VBZ granted VVN by IN the DT zoning NN review NN board NN shall MD be VB valid JJ for IN 1 CD year NN from IN the DT date NN of IN approval NN . SENT If IN construction NN has VHZ not RB , , in IN the DT opinion NN of IN the DT zoning NN review NN board NN , , commenced VVD and CC proceeded VVD meaningfully RB at IN the DT end NN of IN the DT 1 CD year NN period NN , , then RB the DT zoning NN administrator NN shall MD notify VV the DT applicant NN , , in IN writing NN , , of IN the DT expiration NN of IN the DT special JJ use NN approval NN . SENT h NN If IN the DT zoning NN review NN board NN determines VVZ that IN the DT applicant NN has VHZ failed VVN to TO comply VV with IN any DT of IN the DT requirements NNS of IN these DT rules NNS or CC the DT approved VVN special JJ use NN permit NN , , then RB the DT board NN , , after IN a DT public JJ hearing NN held VVN in IN accordance NN with IN the DT provisions NNS of IN subrule NP c SYM of IN this DT rule NN may MD revoke VV any DT special JJ use NN approval NN . SENT i NP An DT application NN for IN a DT special JJ use NN that WDT has VHZ been VBN denied VVN by IN the DT zoning NN review NN board NN shall MD not RB be VB submitted VVN for IN reconsideration NN unless IN , , in IN the DT opinion NN of IN the DT zoning NN administrator NN , , the DT application NN is VBZ significantly RB different JJ in IN scope NN from IN the DT application NN that WDT was VBD denied VVN or CC new JJ and CC significant JJ facts NNS and CC conditions NNS exist VV which WDT may MD result VV in IN favorable JJ action NN upon IN resubmission NN . SENT j NN Concurrent JJ with IN the DT issuance NN of IN a DT special JJ use NN permit NN , , an DT applicant NN shall MD receive VV a DT copy NN of IN the DT approved VVN site NN plan NN , , with IN conditions NNS , , if IN any DT . SENT k NN Before IN commencing VVG construction NN of IN a DT special JJ use NN , , an DT applicant NN shall MD display VV the DT permit NN required VVN by IN these DT rules NNS face VVP out RP in IN a DT conspicuous JJ place NN facing VVG the DT nearest JJS street NN or CC roadway NN and CC shall MD display VV it PP continuously RB until IN the DT purpose NN for IN which WDT the DT permit NN was VBD issued VVN is VBZ completed VVN . SENT History NN . SENT 2004 CD MR NP 24 CD , , Eff VV . SENT Dec NP . SENT 28 CD , , 2004 CD . SENT R NP 281 CD . SENT 179 CD Variances NNS and CC variance NN hearings NNS . SENT Rule NN 9 CD . SENT 1 LS A DT dimensional JJ variance NN from IN these DT rules NNS may MD be VB granted VVN by IN the DT zoning NN review NN board NN after IN a DT public JJ hearing NN or CC , , in IN certain JJ instances NNS , , by IN the DT zoning NN administrator NN as IN provided VVN in IN subrule NN 3 CD of IN this DT rule NN to TO allow VV a DT modification NN from IN a DT standard NN that WDT establishes VVZ an DT area NN , , yard NN , , height NN , , floor NN space NN , , frontage NN , , setback NN , , or CC similar JJ numerical JJ restriction NN , , but CC only RB after IN substantive JJ evidence NN establishes VVZ that IN there EX are VBP practical JJ difficulties NNS in IN complying VVG with IN these DT rules NNS . SENT A DT variance NN shall MD be VB permitted VVN only RB when WRB it PP is VBZ consistent JJ with IN the DT general JJ purposes NNS and CC intent NN of IN these DT rules NNS . SENT 2 LS The DT zoning NN review NN board NN or CC zoning NN administrator NN shall MD consider VV all DT of IN the DT following VVG factors NNS in IN determining VVG if IN there EX are VBP practical JJ difficulties NNS in IN complying VVG with IN these DT rules NNS as RB specified VVN in IN subrule NN 1 CD of IN this DT rule NN . SENT a DT How WRB substantial JJ the DT variance NN is VBZ in IN relation NN to TO the DT zoning NN requirements NNS . SENT b SYM Whether IN a DT substantial JJ change NN will MD be VB effected VVN in IN the DT character NN of IN the DT area NN or CC a DT substantial JJ detriment NN created VVN for IN adjoining JJ properties NNS . SENT c SYM Whether IN the DT difficulty NN can MD be VB overcome VVN by IN some DT feasible JJ method NN other JJ than IN a DT variance NN . SENT d SYM Whether NP , , in IN view NN of IN the DT manner NN in IN which WDT the DT difficulty NN arose VVD , , the DT interests NNS of IN justice NN shall MD be VB served VVN by IN allowing VVG the DT variance NN . SENT e SYM Whether IN the DT plight NN of IN the DT landowner NN is VBZ due JJ to TO circumstances NNS which WDT are VBP unique JJ to TO his PP$ or CC her PP$ property NN and CC which WDT are VBP not RB created VVN by IN the DT landowner NN . SENT f SYM Whether IN the DT variance NN may MD result VV in IN a DT material JJ adverse JJ effect NN on IN the DT environment NN . SENT 3 CD For IN the DT purposes NNS of IN these DT rules NNS , , the DT required JJ hearing NN and CC review NN of IN a DT variance NN request NN by IN the DT zoning NN review NN board NN shall MD be VB waived VVN for IN certain JJ minor JJ dimensional JJ variances NNS of IN principal JJ uses NNS , , including VVG legal JJ nonconforming JJ uses NNS . SENT Such JJ variances NNS shall MD be VB handled VVN by IN the DT zoning NN administrator NN , , who WP shall MD consider VV the DT provisions NNS of IN subrule NN 2 CD of IN this DT rule NN in IN making VVG a DT determination NN . SENT The DT zoning NN administrator NN shall MD prepare VV a DT written JJ finding NN of IN fact NN that IN details NNS the DT reasons NNS for IN approval NN or CC denial NN of IN the DT minor JJ variance NN request NN . SENT Minor JJ variances NNS are VBP defined VVN as IN reductions NNS in IN setbacks NNS for IN uses NNS on IN any DT lawful JJ lot NN that WDT are VBP not RB more JJR than IN 25 CD of IN the DT normal JJ dimensional JJ requirements NNS . SENT Such JJ uses NNS shall MD include VV principal JJ or CC accessory JJ buildings NNS or CC structures NNS , , including VVG decks NNS , , porches NNS , , and CC steps NNS . SENT 4 LS A DT land NN use NN variance NN is VBZ a DT land NN or CC building NN use NN in IN contravention NN of IN any DT of IN the DT use NN requirements NNS of IN these DT rules NNS . SENT The DT zoning NN review NN board NN may MD , , after IN a DT public JJ hearing NN , , grant VV a DT variance NN upon IN a DT finding NN of IN unnecessary JJ hardship NN , , which WDT may MD be VB found VVN upon IN substantial JJ evidence NN being VBG submitted VVN that IN all DT of IN the DT following VVG factors NNS exist VVP . SENT a DT The NP property NN cannot NN be VB used VVN in IN a DT manner NN that WDT is VBZ consistent JJ with IN existing VVG zoning NN . SENT b SYM The DT hardship NN results NNS from IN the DT application NN of IN these DT rules NNS to TO the DT applicant's JJ property NN . SENT c SYM The DT hardship NN of IN which WDT the DT applicant NN complains VVZ is VBZ suffered VVN by IN his PP$ or CC her PP$ property NN directly RB and CC is VBZ not RB shared VVN by IN others NNS . SENT d SYM The DT hardship NN is VBZ not RB the DT result NN of IN the DT applicant's JJ own JJ actions NNS . SENT e SYM The DT hardship NN is VBZ peculiar JJ to TO the DT applicant's JJ own JJ property NN . SENT 5 CD In IN determining VVG whether IN reasonable JJ use NN may MD be VB made VVN of IN the DT property NN as IN zoned VVN , , a DT reasonable JJ economic JJ return NN may MD be VB a DT factor NN that WDT could MD be VB considered VVN , , but CC only RB if IN the DT applicant NN is VBZ in IN compliance NN with IN the DT provisions NNS of IN subrules NNS 1 CD to TO 4 CD of IN this DT rule NN . SENT Whether IN any DT weight NN shall MD be VB given VVN to TO the DT economic JJ return NN factor NN shall MD be VB dependent JJ on IN a DT determination NN that IN the DT owner NN has VHZ been VBN deprived VVN of IN all DT beneficial JJ use NN of IN his PP$ or CC her PP$ property NN under IN existing VVG zoning NN . SENT 6 CD For IN a DT land NN use NN variance NN , , the DT zoning NN review NN board NN shall MD , , after IN finding VVG that DT unnecessary JJ hardship NN exists VVZ , , also RB find VV that WDT , , based VVN on IN adequate JJ evidence NN , , the DT proposed VVN use NN meets VVZ all DT of IN the DT following VVG conditions NNS . SENT a DT The NP use NN will MD be VB consistent JJ with IN and CC in IN accordance NN with IN the DT general JJ objectives NNS of IN the DT Upper NP Manistee NP River NP natural JJ river NN plan NN . SENT b SYM The DT use NN will MD be VB designed VVN , , constructed VVN , , operated VVN , , and CC maintained VVD so RB as RB to TO be VB consistent JJ with IN and CC appropriate JJ in IN appearance NN with IN the DT existing JJ or CC intended JJ character NN of IN the DT natural JJ river NN district NN and CC the DT use NN will MD not RB change VV the DT essential JJ character NN of IN the DT natural JJ river NN district NN . SENT c SYM The DT use NN will MD be VB adequately RB served VVN by IN existing VVG essential JJ public JJ facilities NNS and CC services NNS , , such JJ as IN highways NNS , , police NNS and CC fire NN protection NN , , drainage NN structures NNS , , refuse VVP disposal NN , , and CC sanitation NN facilities NNS , , or CC the DT persons NNS or CC agencies NNS that WDT are VBP responsible JJ for IN the DT establishment NN of IN the DT proposed VVN use NN may MD adequately RB provide VV essential JJ services NNS . SENT d SYM The DT use NN will MD not RB involve VV uses NNS , , activities NNS , , processes NNS , , materials NNS and CC equipment NN , , and CC conditions NNS of IN operation NN that WDT will MD be VB detrimental JJ to TO any DT persons NNS , , property NN , , or CC the DT environmental JJ quality NN of IN the DT district NN because IN of IN the DT excessive JJ production NN of IN noise NN , , smoke NN , , fumes NNS , , glare NN , , or CC odors NNS or CC require VV the DT outdoor JJ storage NN of IN raw JJ materials NNS or CC discarded VVN materials NNS produced VVN in IN the DT use NN processes VVZ . SENT e SYM The DT use NN will MD be VB consistent JJ with IN the DT intent NN and CC purposes NNS of IN these DT rules NNS . SENT f SYM The DT use NN or CC the DT structures NNS to TO be VB used VVN will MD not RB cause VV an DT overcrowding NN of IN the DT land NN or CC an DT undue JJ concentration NN of IN population NN that WDT may MD result VV in IN degradation NN to TO the DT river NN and CC district NN . SENT g NN The DT use NN plot NN area NN is VBZ sufficient JJ , , appropriate JJ , , and CC adequate JJ for IN the DT use NN and CC the DT reasonable JJ anticipated JJ operation NN and CC expansion NN thereof RB . SENT 7 CD Upon IN receipt NN of IN an DT application NN for IN a DT variance NN , , the DT zoning NN review NN board NN shall MD conduct VV a DT hearing NN on IN the DT request NN , , except IN as RB provided VVN in IN subrule NN 3 CD of IN this DT rule NN . SENT The DT hearing NN and CC notice NN procedure NN shall MD follow VV the DT procedure NN established VVN for IN special JJ use NN applications NNS by IN the DT provisions NNS of IN R NP 281 CD . SENT 178 CD . SENT A DT decision NN shall MD be VB made VVN within IN 30 CD days NNS after IN the DT final JJ hearing NN to TO approve VV or CC deny VV the DT variance NN request NN . SENT The DT zoning NN review NN board NN shall MD keep VV complete JJ and CC detailed JJ records NNS of IN all PDT its PP$ proceedings NNS , , which WDT shall MD include VV the DT minutes NNS of IN its PP$ meetings NNS , , its PP$ findings NNS , , and CC actions NNS taken VVN on IN each DT matter NN heard VVD by IN it PP , , including VVG the DT final JJ order NN . SENT Reasons NNS for IN the DT decision NN shall MD be VB in IN writing NN . SENT The DT board NN shall MD record VV the DT vote NN of IN each DT member NN on IN each DT question NN . SENT If IN a DT member NN is VBZ absent JJ or CC fails VVZ to TO vote VV , , the DT board NN shall MD indicate VV such JJ fact NN . SENT All DT records NNS shall MD be VB open JJ for IN public JJ inspection NN . SENT The DT concurring VVG vote NN of IN at IN least JJS 4 CD of IN the DT 7 CD voting NN members NNS of IN the DT zoning NN review NN board NN shall MD be VB necessary JJ to TO effect VV a DT dimensional JJ variance NN in IN these DT rules NNS . SENT The DT concurring VVG vote NN of IN at IN least JJS 5 CD of IN the DT 7 CD voting NN members NNS of IN the DT zoning NN review NN board NN is VBZ required VVN to TO grant VV a DT land NN use NN variance NN in IN these DT rules NNS . SENT If IN the DT required JJ concurring VVG vote NN for IN approval NN of IN a DT variance NN is VBZ not RB achieved VVN , , then RB the DT variance NN is VBZ considered VVN to TO be VB denied VVN . SENT 8 CD The DT zoning NN review NN board NN shall MD not RB issue VV a DT land NN use NN variance NN when WRB the DT district NN allows VVZ the DT use NN as IN a DT special JJ use NN . SENT 9 CD The DT effect NN of IN any DT variance NN shall MD be VB to TO create VV a DT nonconforming JJ land NN use NN , , lot NN , , or CC structure NN that WDT is VBZ then RB subject JJ to TO R NP 281 CD . SENT 180 CD , , which WDT regulates VVZ continued JJ use NN . SENT 10 CD The DT zoning NN review NN board NN or CC the DT zoning NN administrator NN may MD impose VV conditions NNS on IN an DT applicant NN before IN granting VVG a DT variance NN . SENT Such JJ conditions NNS shall MD be VB in IN writing NN . SENT The DT zoning NN permit NN issued VVN for IN the DT project NN for IN which WDT the DT variance NN was VBD approved VVN is VBZ not RB valid JJ until IN the DT applicant NN accepts VVZ the DT conditions NNS in IN writing NN . SENT 11 CD An DT application NN for IN a DT variance NN that WDT has VHZ been VBN denied VVN by IN the DT zoning NN review NN board NN or CC zoning NN administrator NN shall MD not RB be VB submitted VVN for IN reconsideration NN unless IN , , in IN the DT opinion NN of IN the DT zoning NN administrator NN , , the DT application NN is VBZ significantly RB different JJ in IN scope NN from IN the DT application NN that WDT was VBD denied VVN or CC new JJ and CC significant JJ facts NNS , , and CC conditions NNS exist VV which WDT might MD result VV in IN favorable JJ action NN upon IN resubmission NN . SENT History NN . SENT 2004 CD MR NP 24 CD , , Eff VV . SENT Dec NP . SENT 28 CD , , 2004 CD . SENT R NP 281 CD . SENT 180 CD Nonconforming JJ uses NNS , , lots NNS , , and CC structures NNS . SENT Rule NN 10 CD . SENT 1 CD It PP is VBZ recognized VVN that IN there EX exists VVZ , , within IN the DT natural JJ river NN district NN , , lots NNS , , structures NNS , , and CC uses VVZ of IN land NN and CC structures NNS which WDT were VBD lawful JJ before IN these DT rules NNS were VBD promulgated VVN or CC amended VVN and CC which WDT would MD be VB prohibited VVN , , regulated VVN , , or CC restricted VVN pursuant JJ to TO the DT terms NNS of IN these DT rules NNS . SENT Legal JJ nonconforming JJ uses NNS , , structures NNS , , or CC lots NNS continue VVP until IN they PP are VBP brought VVN into IN conformity NN and CC , , in IN certain JJ instances NNS , , permit VV the DT limited JJ expansion NN of IN certain JJ legal JJ nonconforming JJ uses NNS and CC structures NNS . SENT 2 CD If IN the DT combination NN of IN 2 CD or CC more JJR contiguous JJ nonconforming JJ vacant JJ lots NNS owned VVN by IN the DT same JJ person NN results NNS in IN an DT increase NN in IN conformance NN with IN the DT dimensional JJ requirements NNS of IN these DT rules NNS , , then RB the DT lots NNS shall MD be VB combined VVN for IN use NN , , unless IN the DT lots NNS are VBP within IN a DT plat NN established VVN before IN the DT adoption NN of IN these DT rules NNS wherein RB more JJR than IN 50 CD of IN the DT platted NN lots NNS contain VVP a DT single JJ family NN dwelling NN . SENT 3 LS An DT application NN for IN a DT zoning NN permit VV for IN a DT principal JJ use NN on IN a DT legal JJ nonconforming JJ lot NN of IN record NN shall MD be VB approved VVN by IN the DT zoning NN administrator NN if IN both DT of IN the DT following VVG provisions NNS are VBP complied VVN with IN . SENT a DT The DT principal JJ use NN complies VVZ with IN these DT rules NNS , , except IN the DT minimum JJ lot NN width NN and CC area NN requirements NNS . SENT b SYM The DT applicant NN or CC owner NN of IN the DT subject JJ lot NN does VVZ not RB own VV other JJ contiguous JJ properties NNS when WRB , , if IN combined VVN with IN the DT nonconforming JJ lot NN , , would MD result VV in IN increasing VVG the DT conformity NN of IN the DT lot NN . SENT 4 LS An DT application NN for IN a DT zoning NN permit VV for IN a DT principal JJ use NN on IN a DT legal JJ nonconforming JJ lot NN of IN record NN that WDT is VBZ not RB in IN compliance NN with IN subrule NN 3 CD a DT and CC b LS of IN this DT rule NN shall MD be VB treated VVN as IN a DT variance NN pursuant JJ to TO the DT provisions NNS of IN R NP 281 CD . SENT 179 CD . SENT 5 CD Where WRB , , on IN the DT effective JJ date NN of IN these DT rules NNS a DT lawful JJ use NN of IN land NN exists VVZ that WDT is VBZ made VVN unlawful JJ pursuant JJ to TO the DT terms NNS of IN these DT rules NNS , , the DT use NN may MD be VB continued VVN if IN it PP remains VVZ otherwise RB lawful JJ , , subject JJ to TO all DT of IN the DT following VVG provisions NNS . SENT a DT The DT nonconforming JJ use NN shall MD not RB be VB enlarged VVN , , increased VVN , , or CC extended VVD to TO occupy VV a DT greater JJR area NN of IN land NN than IN was VBD occupied VVN on IN the DT effective JJ date NN of IN these DT rules NNS without IN a DT land NN use NN variance NN . SENT Enlarging VVG , , increasing VVG or CC extending VVG a DT lawful JJ , , nonconforming JJ use NN shall MD be VB treated VVN as IN a DT variance NN pursuant JJ to TO R NP 281 CD . SENT 179 CD . SENT b SYM The DT nonconforming JJ use NN and CC the DT structures NNS associated VVN with IN the DT nonconforming JJ use NN shall MD not RB be VB moved VVN , , in IN whole NN or CC in IN part NN , , to TO any DT other JJ portion NN of IN the DT lot NN or CC parcel NN that WDT is VBZ occupied VVN by IN such JJ use NN on IN the DT effective JJ date NN of IN these DT rules NNS , , unless IN the DT move NN would MD result VV in IN a DT greater JJR degree NN of IN conformity NN with IN these DT rules NNS . SENT c SYM If IN the DT nonconforming JJ use NN of IN land NN ceases VVZ for IN any DT reason NN for IN a DT period NN of IN 12 CD months NNS , , any DT subsequent JJ use NN of IN the DT land NN shall MD conform VV to TO the DT requirements NNS specified VVN by IN these DT rules NNS . SENT 6 CD Where WRB a DT lawful JJ structure NN exists VVZ on IN the DT effective JJ date NN of IN these DT rules NNS or CC amendment NN of IN these DT rules NNS that WDT is VBZ made VVN unlawful JJ pursuant JJ to TO the DT terms NNS of IN these DT rules NNS , , the DT structure NN may MD be VB continued VVN if IN it PP remains VVZ lawful JJ , , subject JJ to TO all DT of IN the DT following VVG provisions NNS . SENT a DT The NP structure NN may MD not RB be VB expanded VVN or CC altered VVN in IN a DT way NN that WDT increases VVZ its PP$ nonconformity NN , , such JJ as IN expanding VVG toward IN the DT river's JJ edge NN or CC increasing VVG the DT height NN above IN the DT maximum JJ height NN standard NN . SENT However RB , , the DT ground NN floor NN area NN , , for IN example NN , , footprint NN , , of IN any DT legal JJ nonconforming JJ single JJ family NN dwelling NN may MD be VB increased VVN by IN up RB to TO 50 CD , , or CC up RB to TO 75 CD if IN the DT expansion NN requires VVZ a DT minor JJ variance NN , , of IN the DT existing VVG enclosed VVN ground NN floor NN living VVG area NN cumulative JJ from IN the DT date NN of IN nonconformance NN , , or CC to TO the DT minimum JJ extent NN necessary JJ to TO comply VV with IN local JJ standards NNS for IN minimum JJ legal JJ floor NN area NN for IN dwellings NNS , , whichever WDT is VBZ greater JJR , , through IN alterations NNS , , repairs NNS , , and CC additions NNS , , if IN the DT increase NN does VVZ not RB increase VV the DT nonconformity NN of IN the DT dwelling NN . SENT Any DT alteration NN of IN a DT legal JJ nonconforming JJ dwelling NN must MD , , to TO the DT extent NN possible RB , , be VB in IN compliance NN with IN all DT setback NN and CC other JJ building NN requirements NNS . SENT Any DT expansion NN of IN a DT lawful JJ , , nonconforming JJ dwelling NN , , including VVG addition NN of IN additional JJ stories NNS , , shall MD be VB treated VVN as IN a DT variance NN pursuant JJ to TO the DT provisions NNS of IN R NP 281 CD . SENT 179 CD unless IN it PP meets VVZ the DT criteria NNS in IN subrule NN 10 CD 6 CD b SYM of IN this DT rule NN . SENT b SYM Expansion NN of IN a DT nonconforming JJ single JJ family NN dwelling NN may MD be VB permitted VVN by IN the DT zoning NN administrator NN , , without IN the DT need NN for IN a DT variance NN , , if IN either RB 1 CD of IN the DT following NN applies VVZ . SENT i NP When WRB any DT part NN of IN the DT expansion NN is VBZ located VVN within IN the DT native JJ vegetation NN buffer NN , , expansion NN of IN the DT dwelling NN is VBZ to TO the DT landward JJ side NN of IN the DT existing JJ structure NN and CC is VBZ less JJR than IN a DT 50 CD increase NN in IN enclosed VVN ground NN floor NN living VVG area NN and CC the DT height NN of IN the DT expansion NN is VBZ not RB greater JJR than IN the DT height NN of IN the DT original JJ dwelling NN , , and CC the DT expansion NN is VBZ not RB located VVN in IN a DT wetland NN or CC the DT 100 CD year NN floodplain NN . SENT ii NNS When WRB the DT expansion NN is VBZ located VVN completely RB outside IN the DT native JJ vegetation NN buffer NN , , expansion NN of IN the DT dwelling NN is VBZ not RB closer JJR to TO the DT river NN than IN the DT closest JJS point NN of IN the DT existing JJ dwelling NN and CC is VBZ less JJR than IN a DT 50 CD increase NN in IN enclosed VVN ground NN floor NN living VVG area NN and CC the DT height NN of IN the DT expansion NN is VBZ not RB greater JJR than IN the DT height NN of IN the DT original JJ dwelling NN , , and CC the DT expansion NN is VBZ not RB located VVN in IN a DT wetland NN or CC the DT 100 CD year NN floodplain NN . SENT c SYM If IN any DT legal JJ nonconforming JJ structure NN is VBZ destroyed VVN by IN any DT means NN , , except IN willful JJ destruction NN by IN the DT property NN owner NN or CC his PP$ or CC her PP$ agent NN , , to TO an DT extent NN that WDT is VBZ more JJR than IN 50 CD of IN twice RB its PP$ assessed VVN evaluation NN , , then RB restoration NN of IN the DT structure NN may MD be VB permitted VVN by IN the DT zoning NN administrator NN , , without IN the DT need NN for IN a DT variance NN , , if IN all DT of IN the DT following VVG conditions NNS exist VVP . SENT i NP The DT structure NN is VBZ not RB located VVN on IN land NN subject JJ to TO flooding VVG the DT 100 CD year NN floodplain NN . SENT ii NP The DT presence NN of IN the DT nonconforming JJ structure NN will MD not RB lead VV to TO accelerated JJ bank NN erosion NN or CC other JJ material NN degradation NN of IN the DT river NN resource NN and CC the DT construction NN of IN the DT structure NN is VBZ approved VVN by IN the DT local JJ soil NN erosion NN and CC sedimentation NN control NN enforcement NN agency NN . SENT iii NP The DT restored VVN structure NN occupies VVZ the DT same JJ enclosed VVN ground NN floor NN area NN , , for IN example NN , , footprint NN , , and CC contains VVZ the DT same JJ square JJ footage NN as IN the DT original JJ structure NN . SENT iv NN Application NN for IN permission NN to TO restore VV a DT damaged JJ structure NN is VBZ made VVN within IN 12 CD months NNS of IN the DT time NN of IN damage NN . SENT An DT extension NN may MD be VB granted VVN if IN the DT property NN is VBZ held VVN in IN probate NN , , an DT insurance NN settlement NN related VVN to TO the DT damage NN is VBZ in IN dispute NN , , or CC a DT criminal JJ investigation NN related VVN to TO the DT damage NN is VBZ in IN progress NN . SENT v NN If IN any DT of IN the DT provisions NNS subdivision NN c NN i NP to TO iv NN of IN this DT subrule NN cannot NN be VB met VVN , , restoration NN of IN a DT destroyed VVN legal JJ nonconforming JJ structure NN will MD require VV a DT variance NN . SENT d SYM If IN a DT structure NN is VBZ willfully RB destroyed VVN by IN the DT property NN owner NN or CC his PP$ or CC her PP$ agent NN to TO an DT extent NN that WDT is VBZ more JJR than IN 50 CD of IN twice RB its PP$ assessed VVN evaluation NN , , the DT property NN owner NN shall MD be VB required VVN to TO meet VV the DT building NN setback NN requirement NN to TO the DT greatest JJS extent NN possible RB when WRB constructing VVG any DT new JJ or CC replacement NN structure NN . SENT e SYM If IN a DT variance NN is VBZ granted VVN for IN a DT new JJ single JJ family NN dwelling NN to TO replace VV a DT single JJ family NN dwelling NN , , the DT new JJ dwelling NN shall MD not RB occupy VV more JJR than IN 150 CD of IN the DT enclosed VVN ground NN floor NN area NN of IN the DT destroyed VVN dwelling NN , , except IN that DT if IN a DT minor JJ variance NN is VBZ granted VVN for IN a DT new JJ single JJ family NN dwelling NN to TO replace VV a DT single JJ family NN dwelling NN , , the DT new JJ dwelling NN shall MD not RB occupy VV more JJR than IN 175 CD of IN the DT enclosed VVN ground NN floor NN area NN of IN the DT destroyed VVN dwelling NN . SENT f SYM A DT variance NN shall MD not RB be VB granted VVN for IN a DT new JJ nonconforming JJ structure NN to TO replace VV a DT destroyed VVN nonconforming NN structure NN that WDT would MD result VV in IN the DT new JJ structure NN being VBG more RBR nonconforming JJ than IN the DT destroyed VVN structure NN . SENT g NN The DT nonconforming JJ structure NN shall MD not RB be VB moved VVN , , in IN whole NN or CC in IN part NN , , to TO any DT other JJ portion NN of IN the DT lot NN or CC parcel NN that WDT is VBZ occupied VVN by IN the DT structure NN on IN the DT effective JJ date NN of IN these DT rules NNS or CC amendment NN of IN these DT rules NNS , , unless IN the DT move NN would MD result VV in IN a DT greater JJR degree NN of IN conformity NN with IN these DT rules NNS . SENT Moving VVG a DT legal JJ nonconforming JJ structure NN requires VVZ a DT zoning NN permit NN and CC may MD require VV a DT variance NN . SENT History NN . SENT 2004 CD MR NP 24 CD , , Eff VV . SENT Dec NP . SENT 28 CD , , 2004 CD . SENT R NP 281 CD . SENT 181 CD Zoning NN administrator NN and CC zoning NN review NN board NN . SENT appointment NN . SENT duties NNS . SENT Rule NN 11 CD . SENT 1 LS The DT director NN shall MD appoint VV a DT zoning NN administrator NN and CC zoning NN review NN board NN to TO act VV as IN his PP$ or CC her PP$ agents NNS to TO enforce VV these DT rules NNS . SENT 2 LS The DT zoning NN administrator NN shall MD do VV all DT of IN the DT following NN . SENT a DT Provide VVP necessary JJ forms NNS and CC applications NNS and CC receive VV and CC process VV applications NNS . SENT b SYM Determine VV and CC verify VV zoning NN compliance NN when WRB the DT applicant's JJ plans NNS are VBP found VVN to TO conform VV to TO the DT provisions NNS of IN these DT rules NNS . SENT c SYM Conduct NP site NN inspections NNS to TO ensure VV compliance NN with IN these DT rules NNS . SENT d SYM Pursue VV resolution NN of IN violations NNS of IN the DT provisions NNS of IN these DT rules NNS . SENT e SYM Issue NN any DT authorized JJ permits NNS and CC certificates NNS of IN zoning VVG compliance NN . SENT f SYM Identify VV and CC record VV information NN relative JJ to TO nonconformities NNS . SENT g NN Maintain VVP files NNS of IN applications NNS , , permits NNS , , and CC other JJ relevant JJ documents NNS . SENT h NN Schedule NN meetings NNS and CC hearings NNS for IN , , and CC provide VV assistance NN to TO , , the DT zoning NN review NN board NN . SENT i NP Act NP on IN minor JJ variances NNS as IN permitted VVN by IN the DT provisions NNS of IN R NP 281 CD . SENT 179 CD . SENT 3 LS The DT zoning NN review NN board NN shall MD do VV all DT of IN the DT following NN . SENT a DT Adopt VVP rules NNS of IN procedure NN that WDT govern VVP the DT transaction NN of IN its PP$ business NN . SENT b SYM Act NP upon IN requests NNS for IN special JJ use NN permits NNS . SENT c SYM Act NP on IN certain JJ dimensional JJ and CC land NN use NN variances NNS pursuant JJ to TO R NP 281 CD . SENT 179 CD . SENT d SYM Act NP on IN the DT interpretation NN of IN the DT official JJ zoning NN map NN pursuant JJ to TO R NP 281 CD . SENT 185 CD . SENT 4 CD In IN establishing VVG the DT zoning NN review NN board NN , , the DT director NN shall MD cooperate VV with IN , , and CC seek VV the DT advice NN of IN , , all RB of IN the DT following VVG entities NNS . SENT a DT Affected JJ townships NNS and CC counties NNS . SENT b SYM Conservation NP districts NNS . SENT c SYM Property NP owners NNS associations NNS . SENT d SYM Other JJ interested JJ local JJ organizations NNS and CC citizens NNS . SENT 5 LS The DT director NN shall MD request VV that IN each DT affected JJ township NN appoint VV 1 CD person NN to TO represent VV its PP$ interests NNS on IN matters NNS within IN its PP$ jurisdiction NN . SENT The DT director NN shall MD request VV that IN each DT affected JJ county NN appoint VV 2 CD persons NNS to TO represent VV its PP$ interests NNS on IN matters NNS within IN its PP$ jurisdiction NN . SENT One CD of IN the DT 2 CD persons NNS shall MD be VB a DT county NN official NN who WP works VVZ in IN planning NN , , zoning NN , , public JJ health NN , , soil NN erosion NN and CC sedimentation NN control NN , , or CC a DT related JJ field NN . SENT The DT director NN shall MD request VV that IN each DT affected JJ conservation NN district NN appoint VV 1 CD person NN to TO represent VV its PP$ interests NNS on IN matters NNS within IN its PP$ jurisdiction NN . SENT County NP , , township NN , , and CC conservation NN district NN representatives NNS who WP are VBP appointed VVN pursuant JJ to TO this DT rule NN shall MD vote VV only RB on IN those DT matters NNS within IN their PP$ respective JJ jurisdictions NNS . SENT If IN affected JJ townships NNS , , counties NNS , , or CC conservation NN districts NNS do VVP not RB appoint VV an DT individual NN to TO represent VV them PP within IN 60 CD days NNS from IN the DT request NN by IN the DT director NN , , then RB the DT director NN may MD make VV appointments NNS on IN his PP$ or CC her PP$ own JJ motion NN . SENT The DT director NN shall MD appoint VV 1 CD local JJ DNR NP representative NN and CC 2 CD citizens NNS representatives NNS who WP shall MD vote VV on IN all DT matters NNS before IN the DT board NN . SENT 6 CD In IN accordance NN with IN subrule NN 5 CD of IN this DT rule NN , , the DT director NN shall MD request VV that IN each DT governmental JJ unit NN and CC organization NN that WDT appoints VVZ regular JJ members NNS to TO the DT zoning NN review NN board NN also RB appoint VV 1 CD alternate JJ member NN to TO represent VV the DT governmental JJ unit NN or CC organization NN . SENT The DT director NN shall MD appoint VV alternates NNS for IN the DT local JJ DNR NP representative NN and CC 2 CD citizens NNS representatives NNS . SENT The DT alternate JJ member NN may MD be VB called VVN to TO sit VV as IN a DT regular JJ member NN in IN the DT absence NN of IN a DT regular JJ member NN . SENT An DT alternate JJ member NN may MD also RB be VB called VVN to TO serve VV in IN the DT place NN of IN a DT regular JJ member NN for IN the DT purpose NN of IN reaching VVG a DT decision NN on IN a DT case NN in IN which WDT the DT regular JJ member NN has VHZ abstained VVD for IN reasons NNS of IN conflict NN of IN interest NN . SENT An DT alternate JJ member NN who WP is VBZ appointed VVN shall MD serve VV in IN the DT case NN until IN a DT final JJ decision NN has VHZ been VBN made VVN . SENT An DT alternate JJ member NN shall MD have VH the DT same JJ voting NN rights NNS as IN a DT regular JJ member NN of IN the DT zoning NN review NN board NN . SENT 7 CD The DT zoning NN review NN board NN shall MD hold VV at IN least JJS 1 CD meeting NN annually RB for IN such JJ purposes NNS as IN adopting VVG or CC amending VVG rules NNS of IN procedure NN , , establishing VVG officers NNS , , educational JJ purposes NNS , , or CC to TO conduct VV any DT manner NN of IN business NN as RB provided VVD for IN by IN these DT rules NNS . SENT History NN . SENT 2004 CD MR NP 24 CD , , Eff VV . SENT Dec NP . SENT 28 CD , , 2004 CD . SENT R NP 281 CD . SENT 182 CD Appeals NPS . SENT contested JJ cases NNS . SENT Rule NN 12 CD . SENT An DT aggrieved VVN party NN who WP contests NNS the DT decision NN of IN the DT zoning NN administrator NN or CC zoning NN review NN board NN shall MD be VB granted VVN a DT hearing NN if IN a DT petition NN is VBZ filed VVN with IN the DT director NN within IN 60 CD days NNS after IN notice NN of IN disapproval NN is VBZ received VVN . SENT The DT hearing NN shall MD be VB conducted VVN pursuant JJ to TO the DT provisions NNS for IN contested JJ cases NNS of IN 1969 CD PA NN 306 CD , , MCL NP 24 CD . SENT 201 CD , , and CC R NP 299 CD . SENT 3071 CD to TO R NP 299 CD . SENT 3081 CD . SENT History NN . SENT 2004 CD MR NP 24 CD , , Eff VV . SENT Dec NP . SENT 28 CD , , 2004 CD . SENT R NP 281 CD . SENT 183 CD Violations NNS . SENT effect NN . SENT remedies NNS . SENT Rule NN 13 CD . SENT 1 CD After IN the DT effective JJ date NN of IN these DT rules NNS , , a DT building NN or CC structure NN or CC land NN shall MD not RB be VB used VVN or CC occupied VVN , , and CC a DT building NN or CC structure NN or CC part NN thereof RB shall MD not RB be VB erected VVN , , constructed VVN , , reconstructed VVD , , moved VVD , , or CC structurally RB altered VVN , , unless IN the DT building NN , , structure NN , , or CC land NN is VBZ in IN compliance NN with IN the DT provisions NNS of IN these DT rules NNS . SENT A DT permit NN or CC variance NN shall MD not RB be VB approved VVN , , and CC action NN shall MD not RB be VB taken VVN , , if IN approval NN of IN the DT permit NN or CC variance NN or CC the DT action NN taken VVN violates VVZ these DT rules NNS . SENT The DT director NN shall MD not RB waive VV any DT of IN his PP$ or CC her PP$ rights NNS or CC remedies NNS against IN any DT person NN who WP violates VVZ these DT rules NNS if IN the DT violations NNS were VBD committed VVN in IN reliance NN on IN an DT authorization NN erroneously RB given VVN in IN violation NN of IN any DT provision NN of IN these DT rules NNS . SENT Any DT authorized JJ permit NN , , variance NN , , or CC action NN that WDT is VBZ contrary JJ to TO these DT rules NNS is VBZ deemed VVN invalid JJ from IN the DT date NN of IN the DT authorization NN . SENT 2 CD In IN addition NN to TO all DT other JJ remedies NNS , , the DT director NN may MD institute VV appropriate JJ action NN or CC proceedings NNS to TO prevent VV , , restrain VV , , correct VV , , or CC abate VV rule NN violations NNS or CC threatened VVN violations NNS . SENT History NN . SENT 2004 CD MR NP 24 CD , , Eff VV . SENT Dec NP . SENT 28 CD , , 2004 CD . SENT R NP 281 CD . SENT 184 CD Boundaries NNS and CC permitted VVN uses NNS . SENT changes NNS , , amendments NNS , , and CC supplements NNS . SENT precedence NN of IN local JJ zoning NN ordinance NN over IN rules NNS . SENT Rule NN 14 CD . SENT 1 LS The DT director NN may MD make VV changes NNS , , amendments NNS , , and CC supplements NNS to TO boundaries NNS and CC to TO permitted VVN uses NNS requested VVN by IN a DT local JJ unit NN of IN government NN or CC by IN a DT landowner NN following VVG a DT hearing NN held VVD pursuant JJ to TO the DT provisions NNS of IN sections NNS 71 CD to TO 87 CD of IN 1969 CD PA NN 306 CD , , MCL NP 24 CD . SENT 271 CD to TO 24 CD . SENT 287 CD , , if IN implementation NN of IN the DT change NN , , amendment NN , , or CC supplement NN does VVZ not RB contravene VV the DT purposes NNS of IN these DT rules NNS as RB specified VVN in IN R NP 281 CD . SENT 182 CD . SENT 2 CD Copies NNS of IN any DT changes NNS , , supplements NNS to TO boundaries NNS , , or CC adopted VVD amendments NNS shall MD be VB sent VVN to TO all DT of IN the DT following VVG entities NNS . SENT a DT The NP county NN register NN of IN deeds NNS . SENT b SYM Township NP and CC county NN clerks NNS . SENT c SYM The DT local JJ building NN inspector NN . SENT d SYM Local JJ soil NN erosion NN and CC sedimentation NN control NN enforcement NN agencies NNS . SENT e SYM The DT conservation NN district NN . SENT f SYM County NP drain NN commissioner NN . SENT g NN Zoning NN review NN board NN members NNS . SENT 3 LS A DT local JJ zoning NN ordinance NN that WDT meets VVZ all DT of IN the DT requirements NNS of IN Natural NP Rivers NP Part NP 305 CD of IN 1994 CD PA NN 451 CD , , and CC either RB 1943 CD PA NN 184 CD , , MCL NP , , 1943 CD PA NN 183 CD , , MCL NP , , whichever WDT is VBZ applicable JJ , , shall MD take VV precedence NN over IN these DT rules NNS . SENT If IN a DT local JJ zoning NN ordinance NN does VVZ not RB meet VV all DT of IN the DT requirements NNS of IN Natural NP Rivers NP Part NP 305 CD of IN 1994 CD PA NN 451 CD , , or CC if IN the DT local JJ ordinance NN becomes VVZ inapplicable JJ to TO the DT land NN area NN encompassed VVD by IN the DT Upper NP Manistee NP River NP natural JJ river NN district NN through IN court NN action NN or CC for IN any DT other JJ reason NN , , these DT rules NNS shall MD apply VV . SENT A DT local JJ unit NN of IN government NN may MD , , at IN any DT time NN , , request VVP the DT assistance NN of IN the DT department NN of IN natural JJ resources NNS in IN developing VVG an DT ordinance NN that WDT meets VVZ the DT requirements NNS of IN Natural NP Rivers NP Part NP 305 CD of IN 1994 CD PA NN 451 CD . SENT The DT director NN shall MD determine VV if IN a DT local JJ ordinance NN meets VVZ all DT of IN the DT requirements NNS of IN Natural NP Rivers NP Part NP 305 CD of IN 1994 CD PA NN 451 CD , , and CC shall MD notify VV the DT local JJ unit NN of IN government NN of IN his PP$ or CC her PP$ decision NN in IN writing NN . SENT If IN the DT director NN withdraws VVZ his PP$ or CC her PP$ approval NN of IN a DT local JJ zoning NN ordinance NN , , these DT rules NNS shall MD apply VV . SENT History NN . SENT 2004 CD MR NP 24 CD , , Eff VV . SENT Dec NP . SENT 28 CD , , 2004 CD . SENT Michigan NP . SENT gov NP Home NP SOAHR NP Home NP State NP Web NP Sites NP Privacy NN Policy NN Link VVP Policy NP Accessibility NN Policy NP Security NP Policy NP Copyright NP 2005 CD State NN of IN Michigan NP