1248.03  SPECIAL LAND USES.
   Special land uses in Residential Districts are:
   (a)   Barns, accessory storage buildings and other out-buildings for the exclusive use of the occupants of the principal building for purposes related to their residential occupancy of the site and not for use or storage by persons who do not reside on the site. Such structures shall be subject to the following additional standards:
      (1)   Sleeping quarters, bathrooms, kitchens and offices are not permitted.
      (2)   Such structures shall be located in the rear yard, provided such yard is greater than two acres in size.
      (3)   The total floor area of all such structures shall not exceed 1,200 square feet, except on lots or parcels of four acres or more in size with a rear yard of three acres or more, in which case the total floor area may be increased to not exceed 2,400 square feet.
      (4)   Freight shall not exceed 25 feet.
      (5)   The side and rear yard setbacks shall be 40 feet each.
      (6)   The design and construction materials must be compatible with the character of the area and similar in nature to those of the principal residence.
      (7)   Screening of buildings may be required if the buildings are visible from an adjacent lot or road.
      (8)   Out-buildings permitted under other provisions of this Zoning Code shall not be included in computing the square footage limitations under this section.
   (b)   Home occupations, subject to the standards set forth in Section 1258.05.
   (c)   Lakeshore Preservation Special Land Use.
      (1)   Special Land Use Requirement. Consistent with the authority and standards provided in M.C.L.A. § 125.3201(3), and generally under M.C.L.A. § 125.3502, an Intrusion within the area of a Lakeshore shall be permitted only if and to the extent authorized in a special land use approval under this section, and shall otherwise be prohibited.
      (2)   Purpose and Intent. In the deliberations of the Planning Commission and City Council, the following have been recognized as being of critical importance to the future of the City:
         A.   The qualities, resources and features that are in need of protection and preservation are identified in this Section, the Master Plan of the City and clarified for purposes of this Section as follows (Collectively referred to in this section as "Preservation Intent"):
            1.   The waters and associated resources of Lake Angelus define the unique character of the City of Lake Angelus and provide areas for scenic residential development. If the attractiveness, value, and character of the City are to be maintained through the process of development and redevelopment, preservation of the Lake and its surrounding resources is imperative. The meaning of "character" in this context can be interpreted from a reading of the Master Plan to be intended to encompass attractiveness and appeal as aesthetic matters, and also intended to embrace the economic value reasonably attributable to the appearance of a particular property as part of a larger setting, including the setting of the shoreline around the Lake as a whole.  The Master Plan recites the point that, for the majority of residents, the Lake and its surrounding shoreline and environment is the very focal point that attracted them to the City, and it is this focal point that has created and maintained substantial property values that must be maintained for the benefit of present as well as future property owners.  Development on a single property can undermine the overall unique character around Lake Angelus as a whole, considering that:  First, if development of a particular property includes a material Intrusion within the natural setting of the shoreline, it is feasible, or even likely, that such Intrusion would become a focal point of perception rather than merely a peripheral characteristic; and second, when any Intrusion is permitted within the natural setting, other persons who wish to design and construct their own vision of "unique" will add to the scope of Intrusion, and the cumulative effect will soon undermine the fundamental character intended to be preserved, as determined as a matter of policy on behalf of the City as a whole.
            2.   Protection and preservation of the City's special natural features are vital to maintaining the character of the community, and preserving natural physical and environmental features relating to and surrounding the Lake is a primary goal of the City. A reading of the City's Master Plan and this Section make it abundantly clear that "character" is intended to be the natural appearance and setting of the City's predominant resource, Lake Angelus, along with the related natural resources around the shore of the Lake. The City has surveyed other Oakland County communities in which a lake is influential in terms of character, value stabilization, and environmental importance, and has found that a common protective setback distance is in the range of 50 to 75 feet. Considering the particular topography and history of development on Lake Angelus, the City Council has concluded that it would be consistent with the intent and purpose of this Section to establish the area to be protected as the space described as commencing at the high watermark of Lake Angelus and extending in a substantially perpendicular direction away from the Lake a distance of 50 feet.
            3.   It is the policy of the City to maintain and enhance the unique character of Lake Angelus, and this includes ensuring that new development and redevelopment are compatible with the existing character, natural vegetation and topographical features along the lake shoreline, and thus development and redevelopment along the shoreline must be restricted to activities that minimize disturbance of these resources and features.
            4.   The Master Plan recognizes Lake Angelus and its associated natural resources as being the predominant resource and feature of the City.  In making land use and development decisions, it is the overarching intent of the City to preserve and protect these resources, as well as the unique character of the City they provide. 
            5.   Grading, depositing, removing, filling or excavating, or introducing or constructing structures, features, or elements in the Lakeshore shall not be permitted to materially change the existing character of the Lakeshore or its relationship to surrounding properties, or its relationship to the Lake and the City as a whole.
         B.   The qualities, character, resources and features associated with the Preservation Intent of the City as described above:
            1.   Are inseparably tied to the character of the City.
            2.   Are associated with the natural environment, perform functional services, and establish aesthetic and property value in the City.
            3.   Are associated with the historic background, appearance, development, and predominant attractiveness of the City as a place to live.
         C.   Such qualities, character, resources and features associated with the Preservation Intent, and their continuation, have caused the City to be a highly desirable and unique place to live, and have contributed immeasurably to the maintenance and considerable value of property in the City.
         D.   If such qualities, character, resources and features associated with the Preservation Intent are not preserved, the basic foundations of the City's character, environment, desirability, and value shall be irretrievably lost.
         E.   Accordingly, the Planning Commission and City Council have determined that it is a critical and high priority objective of the City to preserve and maintain these qualities, character, resources and features associated with the Preservation Intent in conjunction with future development and redevelopment that occurs in the City.  For this purpose, it is the intent of this section to preserve and maintain the identified qualities, character, resources, and features, and to require approval of a special land use for an Intrusion in the Lakeshore (as permitted in this section) only if and to the extent that such preservation and maintenance will be achieved.
      (3)   Definitions for interpretation of this section of the ordinance. The following definitions shall apply in the interpretation and understanding of this section:
         A.   "Character" and "Appearance" shall mean and incorporate attractiveness and appeal as aesthetic matters, and also the economic value reasonably attributable to the appearance of each property as part of a larger setting, including the setting of the shoreline around the Lake as a whole.
         B.   "Compatible and harmonious" in relation to the Lakeshore shall mean an appearance that minimizes the focus away from, and substantially blends with, the natural character of the Lakeshore.
         C.   "Intrusion" or "intrusive" shall mean an alteration of, or impact on, the natural, visual, or both natural and visual qualities, character, resources and features of the Lakeshore, both above and below the surface of the ground, including (without intending any implied limitation whatsoever) grading, depositing, filling or excavating, or introducing, removing, or constructing structures, resources, features, or elements.
         D.   "Lakeshore" shall mean the land, land-related natural resources, water-related natural resources, character, appearance, grade, topography, landscape, and features situated in the area described as commencing at the high watermark of Lake Angelus and extending in a substantially perpendicular direction away from the Lake a distance of 50 feet.  The direction of measurement is "substantially perpendicular" due to the irregularity of the shore line;  the measurement would be perpendicular to an average "traverse line" established for an individual lot frontage, taking into consideration variations and irregularities (coves, peninsulas, inlets, and other similar irregularities) of such individual lot as well as the majority of other properties along a respective road within the City (excluding outliers, as determined by the Planning Commission) to achieve a fair, largely uniform, and continuous setback line among lots along the respective road.  "Lakeshore" shall also mean and include resources below the high water mark not more than three feet from the high water mark to the extent they are inseparable in terms of their impact upon qualities, character, resources and features of the adjacent upland. 
         E.   "Least Intrusive Means" shall mean the method of achieving the Preservation Intent with regard to the Lakeshore in a manner that will result in the least Intrusion.
         F.   "SLU" shall mean "special land use" under this section of the Ordinance Code.
      (4)   Supplemental Standards for Determinations In addition to the several standards that provide the basis for special land use determinations as specified in Section 1242.03(c) of the Ordinance Code, in order to achieve the Preservation Intent of this Section, an applicant shall also be required to make a clear and convincing demonstration of all of the following:
         A.   The subject matter of an application for a Lakeshore Preservation Special Land Use under this Section shall be restricted to the particular SLUs identified in this subsection (c)(4), below, and all other Intrusions in the Lakeshore shall be prohibited.  The following SLUs may be approved subject to a demonstration by the applicant that there shall be compliance with the standards for review and approval of an application submitted by an owner of the Lakeshore.
            1.   SLU - Pedestrian Access for the Benefit of Private Lot: A special land use may be approved to provide a single means of pedestrian access through the Lakeshore to the Lake for the benefit of a private lot, provided that the particular means of access is "compatible and harmonious" with the Lakeshore, and represents the Least Intrusive Means among reasonable alternatives of providing access to the Lake.
            2.   SLU - Storm Water: A special land use may be approved to make provision in the Lakeshore (in whole or part) for storm water detention and disbursement, provided that it serves as a means of eliminating a point discharge of storm water to the Lake, the design represents the Least Intrusive Means, and there is no feasible and prudent alternative for placement of such a facility farther upland from the Lakeshore.
            3.   SLU - Beach Sanding: A special land use may be approved to authorize development of a new or updated sand beach area, consisting of an area on the land adjacent to the shore. The sand placed on the beach area must contain no pollutants, and the source of the sand to be deposited shall be disclosed as part of the application. The beach area shall be constructed or updated with dimensions consistent with MDEQ specifications for depth and width, that is, not exceeding 20 feet upland from the shore, and not more than 40 feet along the shore line, with minimum side yard setbacks on each side of 15 feet. The beach shall be designed to represent the Least Intrusive Means of developing the beach, including a design that will minimize erosion or other flow of sand into the Lake, and wetlands shall not be filled in order to create a beach.  (Ord. 153.  Passed 4-14-20.)
         B.   An SLU shall only be approved if the applicant demonstrates that authorizing the Proposed SLU will not unreasonably undermine the Preservation Intent, as determined in the reasonable exercise of discretion by the Planning Commission, and that substantial justice will be done for: the applicant; the owners of property in the City likely to be impacted; and the City as a whole.
         C.   In the event the law dictates that a reasonable accommodation must be afforded in connection with an SLU, in determining whether and the extent to which approval may be granted under this section, the following shall be determined:
            1.   Whether the proposed accommodation is reasonable as defined by law under all the circumstances.
            2.   The feasible and prudent alternatives to the specific proposal that could result in the grant of a reasonable accommodation and also result in the Least Intrusive Means.
            3.   Provision is made for the removal of Intrusion allowed to achieve the reasonable accommodation at such point in time in the future as the basis for the reasonable accommodation is no longer applicable.
      (5)   Effect of Approval and Best Management Practices. If and when approved, a Lakeshore Preservation Special Land Use, including all conditions imposed, if any, shall constitute a relevant part of the land use authorization for the property, and all improvement and use of the Lakeshore, and its preservation, shall be undertaken consistent with such Special Land Use.  The applicant shall record an affidavit with the Register of Deeds of the County of Oakland, and provide a time-stamped copy to the City Clerk, in a form approved by the City Attorney containing the legal description of the entire property, specifying the date of approval of the Lakeshore Preservation Special Land Use, and declaring that all future development of the Lakeshore, and its preservation is required to be carried out in accordance with it, and that the property owner and successors, and all contractors, consultants, and agents, shall employ Best Management Practices in the implementation of the SLU as approved.  "Best Management Practices" shall be deemed to consist of a practice, or a combination of practices, determined to be the most effective practical means of preventing unauthorized Intrusions within the Lakeshore.
      (6)   Exemptions from prohibited "Intrusions." The following activities shall not be deemed to be prohibited "Intrusions" under this Section, and thus shall not be violations of this Section if undertaken in the Lakeshore with Least Intrusive Means:
         A.   The cutting or trimming of vegetation that would leave in place vegetation in a viable condition in a similar form and location as immediately preceding the activity;
         B.   The removal of: invasive species; all or part of a tree that has died; all or part of a tree that creates a threat to or of personal safety or property damage as confirmed by the City building official or designee; or any other instrumentality that creates a threat to or of personal safety or property damage as confirmed by the City building official or designee.
         C.   The use of hand tools to create or modify a customary flower or vegetable garden (without above ground structural components) at least 25 feet from the high water mark of the lake; or, using best management practices for the planting of native wildflower or other native species of flowers within 25 feet from the high water mark of the lake (without above ground structural components) based on a plan provided in advance to the City building official or designee.
         D.   The stabilization of an area eroded or otherwise undermined by natural causes in order to restore, as near as feasible, the natural shoreline condition existing before the event of destabilization, based on a plan confirmed in advance by the City building official or designee.
         E.   The installation, repair, or replacement of a private irrigation system on a lot in a manner designed to avoid the removal of trees and shrubs.
         F.   The planting of trees and other vegetation that would be permitted outside the Lakeshore.
         G.   The management of trees and other vegetation in the Lakeshore that is  administratively approved under this subsection in order to achieve tree and vegetation health, remove problematic vegetation (e.g., poison ivy), or establish reasonable views from the home on the lot, all subject to the following: the applicant shall prepare and submit to the City Planning Official a management plan for the respective area of trees and vegetation, including a specific description and timing of the management activities proposed, a sketch plan of the area and proposed activities with sufficient detail to clarify for the Planning Official the specifically proposed activities, and a statement explaining why the action proposed amounts to the Least Intrusive Means of achieving the proposed management. The City's Planning Official shall review the submissions and take one of the following actions: (i) If the Preservation Intent of this Section shall be substantially achieved by implementing the plan, the Planning Official shall approve the plan; (ii) Direct that further information is required and ask for a resubmission when such information has been provided; (iii) If there are protected trees (6 inch diameter at breast height) proposed to be removed, require review under the Woodland Management provisions of this Zoning Code, Section 1258.10; or (iv) Deny the plan with an explanation of the reasons for denial.
         H.   The construction of an enclosure for a pump to draw water from the lake for the irrigation of vegetation on the lot on which it is placed provided that the City's Planning Official approves the plan for the following: location shall be the least restrictive intrusion to the neighbors and to views from the lake; size shall not be greater than 4' by 4' by 3' high; and materials shall either be natural in appearance (e.g., the appearance of a boulder) or match the materials of the residence on the property.
      (7)   Minor Deviations by City Council.  The City Council shall be authorized to make minor deviations to the requirements of this Section 1248.03(c) where all of the following have been demonstrated by an applicant as part of the public hearing on the special land use application:
         A.   It is found by the Council that the proposed deviation will not result in a conflict with the Preservation Intent of this Section.
         B.   The proposed deviation is required in order to achieve an important and reasonable development objective.
         C.   The proposal is unique to the property being improved, and the same deviation would not be generally required for other properties to achieve the same development objective.
         D.   The proposal represents the smallest deviation necessary to achieve the development objective.
         E.   The reason for the deviation was not self-created by the applicant or the applicant's predecessors.
         F.   No adverse impact will be caused to any surrounding property or the City.
         G.   No impairment of riparian rights will be caused. (Ord. 136.  Passed 12-13-16; Ord. 140.  Passed 4-11-17.)
(Ord. 85.  Passed 1-11-99.)