Within any agricultural, residential, commercial or industrial zoning district affected by the riparian area protection overlay, the minimum lot width and depth for all lots with any part located within this riparian area protection overlay and created after the effective date of this subchapter shall be as follows:
(A) Minimum lot area: 40,000 square feet.
(B) Minimum lot width: 100 feet.
(C) Maximum lot depth: The depth of each lot shall be sufficient to accommodate all setbacks and yard requirements of this overlay zone and the underlying district, and shall not have a width to depth ratio of more than one to five.
(D) Minimum principal structure setback: No principal structure shall be erected closer than (100 feet) from the high water mark of the stream or contiguous wetland except on non-conforming lots of record or where there are steep banks.
(1) Non-conforming lots of record.
(a) A lot of record existing on the effective date of this subchapter that is non-conforming by reason of width or depth on may be used and a principal structure and accompanying septic system may be sited closer to the stream than the required setback line, only if after review by the Zoning Board of Appeals it is found that:
1. The lot could not be developed in conformance with the requirements of this section.
2. The proposal for use will place the principal structure in a location as nearly in conformance with the setback requirements of both this subchapter and the underlying zoning district as possible.
3. Such location does not result in placement within the flood plain or a wetland without appropriate approvals by the Michigan D.E.Q.
(b) The Board of Appeals may attach reasonable conditions to its approval.
(2) Principal structure exception for steep banks. Where there is a steep stream bank, a principal structure (but not a septic system) may be constructed closer to the riparian feature according to the following schedule:
Where the bank height, at the bluff, is (a) feet as measured in vertical feet from the high water mark, the principal structure may locate no closer than (b) horizontal feet from the bluff or the high water mark, whichever is greater: |
Bank Height | Setback From Bluff or High Water Mark |
(a) | (b) |
10 | 90 |
15 | 80 |
20 | 70 |
25 | 60 |
(Ord. passed - -2007)