art14

Hamlin Township Zoning Ordinance No. 34

Effective April 15, 1994

ARTICLE 14 .... WATERFRONT OVERLAY DISTRICT

14.01 DESCRIPTION OF DISTRICT

The purpose of this article is to protect the environmental quality of the township's lakes, rivers, shorelines and watersheds through appropriate land use and design regulations. The protection of the township's surface water features is deemed a public purpose in order to preserve important environmental, historical, residential, recreational, cultural, scenic and economic attributes of Hamlin Township and the region.

More specifically, the purpose of this article is to protect the public health, safety and welfare; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from accelerated erosion; to protect wetlands; to control building sites, placement of structures and land uses; to conserve shore cover; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shore land areas.

14.02 OVERLAY DISTRICT

All areas of Hamlin Township that are located within 500 feet of the ordinary high water mark of Hamlin Lake, Lincoln Lake, and Lincoln River shall meet all requirements of this article.

14.03 PERMITTED AND PROHIBITED USES

All uses permitted by right or by special land use permit in the underlying zoning district shall be permitted, with the exception of the following uses, which shall not be permitted in the overlay district.

A. Confined feedlots

B. Slaughterhouses

C. Gas stations

D. Auto repair shops

E. Auto washes

F. Oil change establishments

G. Industrial uses involved in the manufacturing, compounding, processing or treating of products.

H. Dog Kennels

I. Livestock

14.04 LOT SIZE, WIDTH AND SETBACK

Minimum lot size, lot width and setback requirements of the underlying zoning districts shall be met unless this article specifically states otherwise. In addition, the following requirements shall apply to all lots within the waterfront overlay district:

A. All contiguous lands under ownership of the same person or persons, whether improved or unimproved, shall be deemed to be a single lot.

B. No lot shall be divided into more than one lot, nor any parcels split off from any lot, nor any lot created unless all of the following conditions are met:

1. All other provisions of this ordinance are complied with

2. All lots with frontage on Hamlin Lake, or any bayous of Hamlin Lake, shall have a minimum of 100 feet of frontage on Hamlin Lake, measured by a straight line between the points of intersection of the side lot lines with the lakeshore.

3. No portion of any lot within 200 feet of Hamlin Lake shall be narrower than 60 feet.

14.05 DESIGN REQUIREMENTS

The purpose of the design requirements of this section are to slow the rate of stormwater runoff, to reduce erosion and sediment, to protect water quality, to keep nutrients from entering lakes and streams, to maintain water temperatures at natural levels, to preserve fish and wildlife habitat, and to preserve aesthetic and scenic values of the watershed environment.

All new development, including additions or extensions to existing buildings, shall meet the design requirements of this section.

A. Setbacks:

1. All principal buildings shall be set back at least 35 feet from the ordinary high water mark.

2. Within 35 feet of the ordinary high water mark, a maximum of 400 square feet of land shall be covered by impervious surfaces, including all structures and paving for each 100 linear feet of water frontage.

3. No unsightly, offensive or potentially polluting material, including, but not limited to lawn clippings, leaves, garbage, trash, refuse, junk vehicles, junk, appliances or toxic materials may be dumped or stored within 35 feet of the ordinary high water mark.

B. Vegetative Buffer

All existing vegetation located within 35 feet of the ordinary high water mark shall be maintained as a vegetative buffer in accordance with this section.

1. Removal of vegetation in the natural vegetative buffer shall be limited to no more than 25 percent of the length of this buffer, provided that cutting of this 25 percent shall not create a clear cut opening greater than 25 feet wide for every 100 feet of shoreline.

2. Natural shrubbery, trees or other vegetation shall be preserved as far as practical and, where removed, shall be replaced with other naturally occurring vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty. A mowed lawn is not a desirable vegetation buffer adjacent to the shoreline.

3. Native plants, shrubbery and trees are encouraged when new vegetation is planted.

4. Existing soil and organic matter shall not be altered or disturbed within the natural vegetative buffer.

5. These provisions shall not apply to the removal of dead, diseased or dying trees at the discretion of the land owner.

6. Drainage Surface Water: Proper site surface drainage shall be provided so that the removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. If practical, stormwater shall be removed from all roof areas, canopies, and paved areas and carried away in an underground drainage system. The peak rate of stormwater runoff from the site shall not increase as a result of the proposed development, and temporary on site storage to reduce peak runoff from the site is encouraged. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and so that it will not create ponding.

C. Hazardous Liquid Containment

Secondary containment structures shall be required to protect the environment from accidental spills of all hazardous liquids. Hazardous liquids shall include all "hazardous wastes" as defined by Act 64 of 1979, that are held in liquid form.

Secondary containment structures shall include structures such as, but not limited to dikes and berms surrounding transfer and storage areas, enclosed structures, and interior storage rooms with sills and no floor drains. All secondary containment structures shall be at least large enough to hold the capacity of the largest drum or tank in the transfer or storage area.

No floor drains shall be permitted in any areas involving the transfer or disposal of hazardous liquids unless all hazardous liquids are collected and properly treated or disposed of off site.

D. Wetlands

Whenever there is a presence of aquatic vegetation, mucky soils or standing water on a proposed building site, the zoning administrator shall direct the owner or his/her agent to submit a wetlands determination to the MDNR for approval. Prior to receiving site plan approval, the applicant shall provide a copy of all necessary wetland permits to the zoning administrator. All of the following activities shall be prohibited unless a wetlands permit has been obtained by the MDNR:

1. Depositing or permitting the placement of fill material in a wetland.

2. Dredging, removing or permitting the removal of soil or minerals from a wetland.

3. Constructing, operating or maintaining any use or development in a wetland.

4. Draining surface water from a wetland.

E. Storm Water Management

Special attention shall be given to proper site drainage so that runoff of stormwater will not adversely affect neighboring properties or the surface water quality of the township's lakes and streams

return to table of contents

return to sitemap