Recognizing the unique and fragile character of freshwater lakes and their immediate watersheds, and the hazards to public health, safety and welfare caused by the improper use of such lakes and lakefront land, including by way of example but not limitation, overcrowding and pollution, the following regulations are designed to preserve and enhance the lakes and the quality of lakefront living, recreation, and scenic natural environment as a valuable township resource, and preserve and protect the public health, safety and welfare. Development on lake lots shall be regulated so as to control stormwater runoff, soil erosion and water sedimentation, prevent aquatic weed growth, water contamination from improperly designed, located, or operating septic tanks, and protect natural features and wildlife habitats by preventing overuse of the lake.

The provisions of this article shall apply to all lake lots and all lots having access to a lake regardless of whether such access is by easement, common fee ownership, single fee ownership, lease, condominium or other means. The provisions of this article shall also apply to all fragile waterfront development areas identified in the master plan. The provisions of this article shall overlay and be in addition to, and shall not preclude, any other provisions of this ordinance. Nevertheless, in the event that the provisions of this article shall conflict with any other provisions in this ordinance, the provisions in this article shall govern.

1.

Lake lots zoned for single-family residential use may include as an accessory use a single private dock which shall not exceed thirty-five (35) feet in length or six (6) feet in width, provided that not more than two (2) boats shall be moored at such dock and boats which are not owned by residents of the lake lot shall not be permitted to be moored at such dock.

2.

Boathouses or permanent hoists may be permitted on lake lots zoned for single-family use only after special approval is granted by the planning commission in accordance with the procedures, requirements and standards set forth in Article 30, subject to any conditions imposed by the planning commission, and in accordance with the following minimum standards:

a.

A maximum of one (1) single boathouse or one (1) permanent boat hoist larger than five (5) feet in height or capable of hoisting more than one (1) boat at a time may be permitted per single-family lot.

b.

The boathouse or hoist shall not be more than one (1) story high and shall not be greater than twelve (12) feet in height at the peak of its roof. Height is measured as the distance above the ordinary high-water mark.

c.

No plumbing facilities shall be installed, except one coldwater hose bib for boat washing purposes.

d.

The boathouse or hoist shall not be used for either a temporary or permanent sleeping or living quarters or as a commercial boat shelter.

e.

Maximum area permitted shall be three hundred thirty (330) square feet.

f.

Minimum setback from the side lot line shall be five (5) feet.

g.

The structure shall be determined compatible with the surrounding district and land uses and shall not impair the view or use of the lake by neighboring property owners.

h.

Such boathouse or hoist shall be constructed in compliance with local, state, and federal permit requirements, including, but not limited to, those administered pursuant to the Inland Lakes and Streams Act, P.A. 346 of 1972 [Part 301 of Public Act No. 451 of 1994 (MCL 324.30101 et seq.)], as amended.

3.

Septic systems shall be located a minimum of one hundred (100) feet from the lake and shall be designed so as to drain away from the lake and its watersheds and its tributaries, and any wells. The one hundred (100) feet setback may be reduced to not less than fifty (50) feet provided that an applicant submits to the township an approved on-site wastewater treatment system permit issued by the Oakland County Health Division or any replacement entity.

4.

No change shall be made in the natural grade of the property without submission and approval of a site plan by the building inspector or by the planning commission if required by any other provisions of this ordinance.

5.

A natural protection strip shall be maintained within twenty-five (25) feet of the normal high-water line of the lake, which shall remain in native trees, shrubs or grass. The natural protection strip shall not be filled or excavated except to position water pipes. Trees and shrubs may be pruned to afford a view of the water.

6.

Any dock facility providing dockage for four (4) or more boats with marine sewage holding tanks on board shall provide a marine sewage pump-out facility which shall be capable of providing pump-out service to a health department approved sewage disposal facility.

7.

All structures shall be set back twenty-five (25) feet from all natural feature areas as defined in Article 2 of this ordinance. For site plan applications that require township board approval, this setback may be reduced by the township board upon recommendation by the planning commission. Individual requests for reduction of the setback may only be granted as a variance from the township zoning board of appeals. Both bodies, in approving a reduction in the setback, shall determine that it is clearly in the public interest. In determining whether the setback reduction is in public interest, the benefit that would reasonably be expected to accrue from the proposed development shall be balanced against the reasonably foreseeable detriments to the natural features. Docks, piers, decks, boardwalks, or seawalls may be located within the natural feature setback.

(Ord. No. 17-03, 11-20-2017)

Land abutting a lake or stream, which land is under the possession and control of a governmental agency including the Township of Addison, Village of Leonard, County of Oakland, the Road Commission for Oakland County, the State of Michigan, or other governmental agency, and which governmental agency allows public access across the site to the lake or stream abutting the site, is herein described as a "public access site," provided that such sites, whether owned or leased by the public agency, or dedicated to the use of the public, are under the exclusive control of one (1) or more public agencies which have the authority to impose regulations and restrictions upon the use of the site and upon access to the abutting lake or stream.

The restrictions of this article shall not apply to a "public access site," as defined above, provided that such sites are subject to governmental agency regulations which may limit boat docking, moorage and boat launching, or may prohibit overnight mooring, camping and vehicle parking, and other controls upon use of the site.

The governmental agency shall have the authority to impose such controls and restrictions upon the use of public access sites and the abutting waters as are deemed necessary to protect the lake or stream and adjoining properties from pollution, congestion, other damage, or unreasonable impositions upon the use and enjoyment of others using the site, using other private property in the proximity of the site, or the waters which the site abuts.

If not otherwise prohibited by law, the township board shall also have the authority to pass ordinances and adopt rules restricting the use of such public access sites and the use of the abutting lake or stream in such manner as is deemed necessary in the future to protect the lake or stream, the users thereof, and properties in the proximity thereof from pollution, congestion or other damage, or unreasonable imposition upon the use and enjoyment of others. Such ordinances may designate different rules, regulations and restrictions for each individual public access site as shall be deemed appropriate for the protection of the particular site, the waters, or private property in the proximity of the particular site.

An environmental impact study may be required by the planning commission or the township board as part of the site plan review process and including land divisions reviewed by the land division committee subject to the provisions of Section 4.45, Environmental impact statement requirements. The township board, land division committee, planning commission or board of appeals may require the submission of an environmental impact statement prior to rendering any discretionary decision in the lake district or fragile waterfront areas of the township. No amendment or variance of this ordinance which permits an increase in density beyond one dwelling unit per two (2) acres in the area subject to this lake lot overlay district shall be considered without documentation in the form of an environmental impact statement showing that such decision will not adversely affect the quality of any lake water. Provided, however, one may seek rezoning without the necessity of an environmental impact statement, unless requested by the planning commission or township board.

A beach is permitted for all lake lots provided that the beach is not larger than thirty (30) percent of the lot area. A ten (10) foot-wide access walkway may be provided through the required twenty-five (25) foot setback area.

The following restrictions are intended to preserve the quality of waters, to promote safety, protect riparian rights, shoreline development, and to preserve the quality of recreational use of all waters within Addison Township. In all districts where a vacant parcel of land is contiguous to a lake, river, stream, or pond, such vacant parcel of land may be used and developed as a recreational park or used for the purpose of gaining riparian access and enjoyment to said body of water for the owners and occupants of one (1) or more residential lots or structures, subject to the following conditions:

(a)

In all zoning districts, there shall be linear lake, river, stream or pond frontage, as measured along the normal high-water mark (as defined at Ordinance No. 300, this ordinance, Section 4.44.3), of the body of water for each single-family home, dwelling unit, cottage, condominium unit, site condominium unit, or apartment utilizing or accessing the body of water, the measure of which is equal to the minimum lot width for the underlying zoning district.

(b)

Any multiple-unit residential development in any zoning district that shares a common lake, river, stream or pond frontage may not use or permit access to more than one single-family home, dwelling unit, cottage, condominium unit, site condominium unit, or apartment unit for minimum linear frontage per dwelling unit as specified in Section 13.07(1)(a), in such common body of water, as measured along the normal high-water mark (as defined at Ordinance [No.] 300 [this ordinance], Section 4.44.3.) of the lake or stream.

(c)

The above restrictions shall apply to all lots and parcels on or abutting any lake, river, stream, or pond in all zoning districts regardless of whether access to the body of water shall be by easement, park, common fee ownership, single fee ownership, condominium agreement, license or lease.

(d)

The minimum water frontage requirements of this section shall be doubled if more than fifty (50) percent of the property involved is comprised of or adjoins a wetland as defined by this ordinance at Section 4.44 and Michigan law.

(e)

All access sites or parcels shall have a minimum depth of one hundred (100) feet.