Sparta Township City Zoning Code
ROGUE RIVER
RR ZONING DISTRICT
§ 154.035 ESTABLISHMENT.
(A) The Rogue River (RR) Zoning District is established as a preservation district.
(B) Applicants for zoning permits and special use approvals in this zoning district must meet specific provisions, requirements and restrictions, as herein provided.
(C) Where there is conflict between other more restrictive provisions of this chapter and those specifically applied to the Rogue River Zoning District, the latter shall control.
(Ord. passed 7-12-2012, § 8.28)
§ 154.036 USES PERMITTED BY RIGHT.
Land and/or buildings in the RR District may be used for the following purposes only:
(A) Single-family dwelling and appurtenances;
(B) Camping and other recreational activities that do not require the construction of permanent facilities and situated not less than 150 feet from the river’s edge of the Rogue River;
(C) Operating of non-motorized watercraft;
(D) Fishing and hunting in compliance with current laws and regulations;
(E) Reforestation;
(F) Cutting of trees six inches or less in diameter at breast height is permitted within 50 feet of each side of the river’s edge of the Rogue River without prior approval of the Building Inspector;
(G) Underground gas and utility lines (see § 154.040 of this chapter);
(H) Agricultural pursuits, unless the Bureau of Water Management determines that such pursuit will contribute to degradation, in which event such use shall not be closer than 50 feet from the river’s edge of the Rogue River;
(I) Except as permitted in § 154.040 of this chapter, licensed motor vehicles are permitted only outside an area measured 300 feet from the edge of the Rogue River. Such use is permitted on existing public and private roads and designated trails on land owned by the federal government, state or any subdivision thereof; and
(J) Other uses determined by the Planning Commission to be similar in nature.
(Ord. passed 7-12-2012, § 8.28)
§ 154.037 HEIGHT REGULATIONS.
(A) No building shall be erected to exceed two and one-half stories or 35 feet in height, whichever is lesser.
(B) Necessary appurtenances to a permitted structure may exceed such height.
(Ord. passed 7-12-2012, § 8.28)
§ 154.038 AREA REGULATIONS.
No building or structure or appurtenance thereto including septic systems shall be hereafter erected or constructed unless all of the following yard and building coverage requirements are met and maintained:
(A) Setbacks: 150 feet measured horizontally from the Rogue River’s edge except that a building or structure may be erected or constructed five feet closer to the river’s edge for each foot of vertical bank height exceeding ten feet until a minimum of 100 feet is reached; provided, however, that, no such structure or building shall be erected closer to the river than 20 feet landward from the break of the river bank within said 150-foot setback;
(B) Lot width: 200 feet; and
(C) No building shall be placed on lands within 300 feet of the river’s edge where the highest ground water table is within six feet of the ground surface.
(Ord. passed 7-12-2012, § 8.28)
§ 154.039 ACCESSORY USES.
Such uses that are accessory or incidental to the principal use permitted in this chapter shall be allowed as restricted as follows.
(A) Docks. Docks may be constructed not to exceed six feet in width nor more than 20 feet in length. No dock shall extend toward the center of the river more than four feet.
(B) Signs. Only those signs necessary for identification, direction, resource information and regulations of use are permitted along public use areas of the Rogue River. Signs advertising the sale of products or services are prohibited on private property in this zone.
(Ord. passed 7-12-2012, § 8.28)
§ 154.040 SPECIFICALLY PROHIBITED ACTIONS AND USES.
(A) Cutting, filling or building in a floodplain;
(B) Stream alteration (damming, dredging, filling, channelization, enlarging or diminishing a stream or stream improvement) without the express written consent of the state’s Department of Natural Resources as required by the Inland Lakes and Streams Act of 1972, being Public Act 346 of 1972, being M.C.L.A. §§ 324.30101 et seq.;
(C) Utilities:
(1) No gas, oil pipelines or electric transmission lines shall be permitted in the Rogue River District or to cross the Rogue River, except on existing rights-of-way, without prior written consent of the Natural Resources Commission;
(2) New distribution lines shall not cross the Rogue River or housing setback zones unless they are placed underground; and
(3) The utilities specified herein to private dwellings shall originate from the landward side of the dwelling.
(D) Access:
(1) No vehicular access to the river not existing at the date of adoption of the amendment shall be provided;
(2) No public roads not in existence at the date of adoption of this amendment shall be permitted in the RR Zone;
(3) No public road in the RR Zone shall be relocated or improved until plans therefor have been approved by the Natural Resources Commission;
(4) No road access to private property shall be permitted without prior approval of the Zoning Administrator;
(5) Private road access shall not be permitted within 150 feet of the Rogue River, except as provided in § 154.038 of this chapter; and
(6) Cutting of trees of more than six inches in diameter at breast height is prohibited within 50 feet of each side of the river’s edge of the Rogue River without the prior approval of the Zoning Administrator.
(Ord. passed 7-12-2012, § 8.28)