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TOWNSHIP OF COLUMBIA

COUNTY OF VAN BUREN, STATE OF MICHIGAN

RIPARIAN WATERFRONT LOT USE REGULATIONS

KEYHOLE OR FUNNEL WATERFRONT ACCESS

ORDINANCE # 2004-02

THE TOWNSHIP OF COLUMBIA HEREBY ORDAINS:

Section 1 – Intent

It is the intent of this section to promote the integrity of the lakes within Columbia Township while preserving the quality of recreational use of the inland waters; to protect the quality of the lakes by discouraging excess uses; to promote the ecological balance of the waters by limiting incompatible land use of the wetlands associated with the lakes; and to maintain the natural beauty of the lakes by minimizing man-made adjustments to the established shorelines. Nothing in this ordinance shall be construed to limit access to lakes or waterways by the general public by way of a public park or public access site provided or maintained by any unit of state, county, or local government.

Section 2 – Regulations

In any zoning district where a parcel of land is contiguous to a lake, such parcel of land may be used as access property or as common open space held in common by a subdivision, association, or any similar agency; or held in common by virtue of the terms of a plat of record; or provided for common use under deed covenants or restrictions of record; or owned by two or more dwelling units located away from the waterfront, only if the following conditions are met:

That said parcel of land contain a minimum of 7,000 square feet; and fifty (50) lineal feet of water frontage for each individual dwelling unit or each single family unit to which such privileges are extended or dedicated. The minimum depth for such a parcel shall be one hundred forty (140) feet. An access property so created to, serving more than two (2) dwelling units or single-family units, shall have not less than one hundred (100) feet of water frontage with at least fifty (50) lineal feet of water frontage for each individual dwelling unit. Frontage shall be measured by a straight line which intersects each side lot line at the water’s edge.

Any multiple-unit residential development in any zoning district that shares a common lake or stream front area or frontage may not permit lake or stream use or access to more than one (1) single-family home, dwelling unit, cottage, condominium unit, site condominium unit, or apartment unit for each fifty (50) feet of lake or stream frontage in such common lake or stream front area, as measured along the normal high water mark line of the lake or stream.

In all zoning districts, no lake access, boat ramp, shore station, dock, boat launch, or shoreline abutting a lake shall be utilized for commercial, business, outdoor re recreational (or entertainment) facilities, institutional or nonresidential or nonagricultural uses or purposes unless such use is authorized pursuant to a special use approval or a planned unit development (PUD) approval.

That in no event shall water frontage of such parcel of land consist of a swamp, marsh, or bog, as shown on the most recent U.S. Geological Survey Maps, or the Michigan Department of Natural Resources MIRIS map, or have otherwise been determined to be wetland by the Michigan DNR or DEQ; and that in no event shall a swamp, marsh, or bog, be altered by dredging, the addition of earth or fill material or by the drainage of water frontage required by this regulation.

That in no event shall such parcel of land abut a man-made canal or channel, and no canal or channel shall be excavated for the purpose of increasing the water frontage required by this regulation.

That access property, as provided for in and meeting the conditions of this ordinance, regardless of total area, shall not be used as a residential lot for the purpose of construction a dwelling and/or accessory structure(s) or for any commercial or business use.

Section 3 – Nonconforming Use

In any district in which accesses have been established before the effective date of this ordinance or subsequent amendment thereto, such access shall retain historic uses. It is the intent of this ordinance to permit such lawful non-conformance to continue, but not to encourage additional uses and sites.

Section 4 – Severability

Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or part thereof other than the part so declared to be unconstitutional or invalid.

Section 5 – Definitions

"Access Property" shall mean a property, parcel or lot abutting a lake and used or intended to be used, for providing access to a lake by pedestrian or vehicular traffic to and from offshore land regardless of whether said access to the water is gained by easement, common fee ownership, lease, license, gift, business invitation, or any other form or dedication or conveyance.

Section 6 - Penalty

Violation of this Ordinance shall be treated as a Civil Infraction.

Section 7 – Effective Date

This Ordinance shall become effective after legal publication and in accordance with the provisions of the Act governing same.

Public hearing held: December 2, 2003—7:00 PM

Approved by Township Planning Commission: December 2, 2004

Approved by County Planning Commission: April 5, 2004

Approved by Township Board: April 20, 2004

I hereby certify the above to be a true and correct transcript of action taken by the Columbia Township Board, County of Van Buren, State of Michigan.

Date Mary Burgett

Columbia Township Clerk