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Leroy Township City Zoning Code

ARTICLE XVIII

RIPARIAN LOT USE REGULATIONS7


Footnotes:
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State Law reference— Inland lakes and streams, MCL 324.30101 et seq.; rights of riparian owner, MCL 324.30111.


Sec. 38-554.- Intent.

It is the intent of this section to promote the integrity of the lakes within the township while preserving the quality of recreational use of the inland waters; to protect the quality of the lakes by discouraging excessive use; to promote the ecological balance of the waters by limiting incompatible land use of the wetlands associated with the lakes; and to maintain the natural beauty of the lakes by minimizing manmade adjustments to the established shorelines. Nothing in this article shall be construed to limit access to lakes or waterways by the general public by way of a public park or public access site provided or maintained by any unit of state, county or local government.

Sec. 38-555. - Regulations.

In any zoning district where a parcel of land is contiguous to a lake or pond, either natural or manmade, such parcel of land may be used as access property or as common open space held in common by a subdivision, association or any similar agency; or held in common by virtue of the terms of a plat of record; or provided for common use under deed restrictions of record; or owned by two or more dwelling units located away from the waterfront only if the following conditions are met:

(1)

That said parcel of land shall contain at least 70 lineal feet of water frontage and a lot depth of at least 100 feet for each dwelling unit or each single-family unit to which such privileges are extended or dedicated. Frontage shall be measured by a straight line which intersects each side lot line at the water's edge.

(2)

That in no event shall water frontage of such parcel of land consist of a swamp, marsh, or bog as shown on the most recent U.S. Geological Survey Maps, or the state department of environmental quality MIRIS Map, or have otherwise been determined to be wetland by the state department of environmental quality; and that in no event shall a swamp, marsh, or bog be altered by the addition of earth or fill material or by the drainage of water for the purpose of increasing the water frontage required by this regulation.

(3)

That in no event shall such parcel of land abut a manmade canal or channel, and no canal or channel shall be excavated for the purpose of increasing the water frontage required by this regulation.

(4)

That access property, as provided for in and meeting the conditions of this article, regardless of total area, shall not be used as a residential lot for the purpose of constructing a dwelling and/or accessory structure, or for any commercial or business use.

Sec. 38-556. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Access property means a property, parcel, or lot abutting a lake or pond, either natural or manmade, and used or intended to be used, for providing access to a lake or pond by pedestrian or vehicular traffic to and from offshore land, regardless of whether said access to the water is gained by easement, common fee ownership, single fee ownership, lease, license, gift, business invitation or any other form or dedication or conveyance.