Mich. Admin. Code R. 281.51

Current through Vol. 24-24, January 15, 2025

Section R. 281.51 - Definitions

Rule 1.

(1) As used in these rules:

(a) "Applicant" means a person who requests on a form provided by the department and via proper procedures, a zoning permit for a principal use, special use, or variance.

(b) "Appurtenance" means a structure or accessory building incidental to a principal or exempt use including all of the following:

(i) Detached garage.

(ii) Residential storage shed.

(iii) Barn and other agricultural storage and livestock structure.

(iv) Pump house.

(v) Private access roads and driveway.

(vi) Electrical service line.

(c) "Bankfull" means the width of the stream that corresponds to the depth where water fills a main channel to the point of overflowing.

(d) "Bed and breakfast" means a single-family dwelling providing not more than 3 bedrooms for rent and breakfast served to transient overnight guests only and is the owners primary residence and is occupied by the owner at the time of rental.

(e) "Bluff" means a bank that rises at a slope of 33 degrees or greater from within 10 feet of the rivers edge. The crest of the bluff is the first riverward facing area (approximately parallel to the river) that breaks to a slope of less than 18 degrees for a distance away from the river of at least 25 feet.

(f) "Bridge" means any structure of any span length designed to provide a pedestrian, vehicle, livestock, or any other stream crossing, including but not limited to, a culvert, open bottom arch, and clear-span or multi-span structure.

(g) "Building inspector" means the agency or individual who is appointed by the appropriate governmental subdivision to issue a building permit and to administer the state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531.

(h) "Campground" means a parcel or tract of land in which sites are offered for the use of the public or a member of an organization, either free of charge or for a fee, for the establishment of temporary living quarters for 5 or more recreational units; "campground" does not include a seasonal mobile home park licensed under the mobile home commission act, 1987 PA 96, MCL 125.2301 to 125.2349.

(i) "Certificate of zoning compliance" means a certificate issued by the zoning administrator upon determination that the construction and use of land and any structure, as authorized by a zoning permit, including the approved site plan, is in compliance with the approved zoning permit and site plan.

(j) "Cutting edge of the river" means the outside bend of a river or stream channel where the water velocity is such that it may cause soil or streambank erosion.

(k) "Designated natural river" means a river designated by the director under the authority of part 305, natural rivers, 1994 PA 451, MCL 324.30501 to 324.30515.

(l) "Dock" means a seasonal or permanent platform located at the waters edge or extending into the river channel, intended for securing and facilitating access to watercraft or to facilitate access to deeper water for swimming, fishing, or other water-oriented recreational activity and does not include a wall, railing, a storage locker, an attached bench, or any similar structure attached thereto.

(m) "Effective date of these rules" means the zoning rule promulgation date for each designated natural river as follows:

(i) Jordan river September 25, 1974.

(ii) Betsie river June 11, 1977.

(iii) White river - May 5, 1979.

(iv) Huron river June 2, 1980.

(v) Rogue river June 2, 1980.

(vi) Boardman river June 2, 1980.

(vii) Pere Marquette river July 15, 1981.

(viii) Rifle river April 24, 1984.

(ix) Flat river June 21, 1984.

(x) Pigeon river February 13, 1985.

(xi) Au Sable river August 15, 1990.

(xii) Pine river December 27, 2004.

(xiii) Upper Manistee river December 27, 2004.

(xiv) Two Hearted river effective date of these rules.

(xv) Lower Kalamazoo river - effective date of these rules.

(xvi) Fox river - effective date of these rules.

(n) "Filtered view" means the maintenance or establishment of woody vegetation of sufficient density to screen development from the river. The vegetation need not be so dense as to completely block the river view.

(o) "Floodplain" means an identified or documented area of land adjoining a river or stream that will be inundated by a 100-year flood, as defined in part 13, floodplains and floodways, MCL 324.1301 to 324.1311.

(p) "Front" means that segment of a lot or parcel closest to or abutting the designated natural river.

(q) "Ground floor area" means the area of the ground covered by a dwelling measured on the outside of a building, including a covered porch and attached garage, but not including a deck or patio.

(r) "Home-based occupation" means a business activity that is secondary to the use as a residence of a single-family dwelling and may be conducted on or off the premises of a single-family dwelling by the resident of that single-family dwelling, and may include storage of vehicles and equipment.

(s) "Impervious surface" means a surface, including a paved and unpaved driveway, deck, rooftop, road, patio, swimming pool, or parking lot, that does not allow stormwater to infiltrate the ground.

(t) "Lot" means a continuous area, parcel, or acreage of land that can be described for purposes of transfer, sale, lease, rental, or other conveyance.

(u) "Lot area" means the area inside the lot lines.

(v) "Lot of record" means a lot that exists in a subdivision plat as shown by records of the county register of deeds existing before the effective date of these rules or a lot or parcel described by metes and bounds and recorded by the county register of deeds before the effective date of these rules.

(w) "Lot, vacant" means a lot that does not contain a single-family dwelling.

(x) "Natural river district" means a natural river area designated by the director.

(y) "Ordinary high-water mark" means the line between the upland and bottomland which persists through successive changes in water level and below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil, and the vegetation.

(z) "Reforestation" means renewal of vegetative cover by seeding, planting, or transplanting.

(aa) "Setback" means the horizontal distance as specified in these rules between any portion of a structure and the ordinary high-water mark or crest of a bluff, measured at the structure's closest point to the ordinary high-water mark or crest of a bluff.

(bb) "Short-term rental facility" means a single-family dwelling with not more than 3 bedrooms offered as a residential rental facility for a rental period of less than 30 days.

(cc) "Single-family dwelling" means a structure designed to be used exclusively for residential purpose, including long-term residential rental purpose, and contains kitchen and bathroom facilities.

(dd) "Structure" means anything constructed, erected, or moved to or from any lot and located above, on, or below the ground, including a building, mobile home, road, boardwalk, sign, billboard, satellite dish greater than 32 inches in diameter, any communication structure, or a fence. An enclosed, self-contained camping unit is not considered a structure if on site fewer than 30 days per calendar year and if located landward of the natural vegetation strip, or if the structure is located on a campsite within a campground licensed under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, if both the individual campsite and the campground were established before the effective date of these rules.

(ee) "Tent camping" means camping within a natural river district on private land with a tent, tarp, or other lightweight structure that is temporary and incurs no land disturbance or clearing of vegetation.

(ff) "Wetland" means land characterized by the presence of hydric soils or water at a frequency and duration sufficient to support wetland vegetation or aquatic life as defined in the wetlands protection act, part 303, 1994 PA 451, MCL 324.30301 to 324.30329.

(gg) "Zoning administrator" means the administrator of these zoning rules as delegated by the director.

(hh) "Zoning permit" means written permission granted by the zoning administrator.

(ii) "Zoning review board" means a group of not more than 7 members appointed by the department to implement these rules.

(2) Terms not defined in these rules shall have the meanings customarily assigned to them.

Mich. Admin. Code R. 281.51

1979 AC; 2013 AACS