Cannon Township City Zoning Code
ARTICLE 19
Rogue River Natural River Overlay District
§ 450-19.01 Description; purpose.
A.
The provisions of the Rogue River Natural River Overlay District (the "overlay" or "overlay district") are in addition to the provisions of the existing zoning districts in which the lands within the overlay are located. Lands within the overlay are subject to both the provisions of the existing zoning districts and the overlay district; in the case of conflicts between the provisions of the overlay and those of the existing zoning districts, the provisions of the overlay shall control.
B.
The purpose of this overlay district is to establish regulations to preserve and enhance the integrity of the tributaries of the Rogue River as a valuable natural resource of the Township. The tributaries of the river contribute to the Township's rural character, provide scenic views and serve as habitats for fish and wildlife.
C.
The regulations of the overlay are intended to minimize erosion, stabilize the banks of the river's tributaries, protect water quality, avoid runoff of nutrients into the tributaries, maintain the temperature of the water's natural levels, preserve fish and wildlife habitat, screen dwellings and other structures, maintain economic values resulting from the presence and use of the river's tributaries, enhance boating and recreational opportunities and otherwise to preserve the appearance and resource values of the tributaries of the river.
D.
The provisions of this section also support and are consistent with the designation of the Rogue River and its tributaries as a natural river district, under the terms of Michigan Public Act 231 of 1970.[1]
[1]
Editor's Note: Public Act 231 of 1970 was repealed by Public Act 59 of 1995, effective 5-24-1995. See now MCL 324.30101 et seq.
§ 450-19.02 Applicability.
The overlay district comprises all lands within 300 feet of the ordinary high-water mark on both sides of Barkley Creek, from Blakely Drive downstream to the west line of Section 6, and within 300 feet of the ordinary high-water mark on both sides of Rum Creek, from 10 Mile Road in Section 4, downstream to the north line of Section 5.
§ 450-19.03 Land use regulations.
A.
The permitted land uses and the special land uses of the lands within the overlay and the minimum requirements for such uses, shall be as stated in the existing zoning districts, except as otherwise provided in this section.
B.
Single-family detached dwellings, residential accessory buildings and the lands on which they are located shall be subject to the following requirements:
(1)
The minimum lot width along the creek edge shall be 200 feet.
(2)
All buildings shall be set back at least 100 feet from the ordinary high-water mark of a creek, but no building shall be located within the established floodplain of the creek.
(3)
The minimum setback for all buildings shall be 35 feet from the nearest right-of-way line of a public road; the minimum side yard setback for all buildings shall be 15 feet.
(4)
No building shall be located closer to 25 feet from the top of a bluff on the noncutting edge of a creek and not less than 50 feet from the top of a bluff on the cutting edge of a creek.
C.
Septic tanks and septic drain fields shall not be located closer to 150 feet from the ordinary high-water mark of a creek, and shall comply with the applicable requirements of the County Health Department.
F.
Excavation and removal of natural resources shall be subject to the applicable requirements of this chapter, and shall not be located closer to 300 feet from the ordinary high-water mark of a creek.
G.
The provisions of this section are subject to existing lawful recorded easements, restrictive covenants and deed restrictions, except that if this section imposes greater restrictions than specified in such easements, covenants or deed restrictions, then the provisions of this section shall control.
H.
Natural vegetation strip.
(1)
A natural vegetation strip shall be maintained along the banks of all creeks in the overlay within 25 feet of the ordinary high-water mark.
(2)
Natural ground cover within the required natural vegetation strip shall be preserved to the fullest extent feasible. If natural ground cover is removed, it shall be replaced with vegetation that is equally effective in retarding stormwater runoff, preventing land erosion and preserving natural beauty.
(3)
Within the required natural vegetation strip, trees and shrubs may be selectively pruned or removed for harvest of merchantable timber in order to achieve a filtered view of creeks from a dwelling or other principal building and for reasonable private access to the creeks. Such pruning and removal shall, however, ensure that a live root system stays intact in order to stabilize the banks of creeks and to control erosion. Clear-cutting within the required natural vegetation strip is prohibited.
(5)
The planting of perennial, native plant species in the required natural vegetation strip is encouraged, especially in the case of exposed soil and steep slopes and in undertakings for reforestation.
(6)
Pathways to creeks may cross the required natural vegetation strip, but the clearing for the pathway shall be no greater than 10 feet wide, and the pathway shall be located such as to protect the soil and vegetation from erosion.