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                    <text>MANISTEE TOWNSHIP
MANISTEE COUNTY, MICHIGAN
PERMANENT ZONING ORDINANCE

Drafted by:
GOCKER.""tAN, WILSON, BROBERG &amp;
SAYLOR, P.C.
By: RICHARD M. WILSON, JR.
Attorneys at Law
414 Water Street
Manistee, MI 49660
(616) 723-8333

�•
FRpM THE LIBRARY OF .
Planning &amp; Zoning Center~ Inc:·
MANISTEE TOWNSHIP ZONING MAP
1986

Q

D

Wetlands
Big Manistee River Corridor

Multiple Use
High Density
Residential Rl
Resort
Residential R2
Cou,1t;:-y
Residential R3
Multi-Family
ReLiidcr,Lial R4
CommerciaJ.Restricted

:t
/LU, eJt Va. -

14

" tion ·

Ut,e.

•

•
..

High Veruilty
Re.6 id e.ntiai.
1

u

�INDEX

ARTICLE I - Preamble
SECTION 1.1 - Title
SECTION 1.2 - General Purpose
SECTION 1.3 - Authority
ARTICLE II SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION

Definitions
2.1 - Introduction
2.2 - Accessory Buildings or Structure
2.3 - Accessory Use
2.4 - Agriculture
2.5 - Airport
2.6 - Airport Hazard Area
2.7 - Airport Hazard
2.8 - Alter
2.9 - Basement or Cellar
2.10- Bluffline
2.11- Boathouse
2.12- Buildings
2.13- Bulk Storage Facility
2.14- Cabin
2.15- Cabin Court or Cabin Park
2.16- Campground
2.17- Central Production Facility
2.18- Day Care Centers
2.19- Driveway
2.20- Dwelling
2.21- Erect
2.22- Erosion Control Device
2.23- Existing Building
2.24- Family
2.25- Farms
2.26- Farm Buildings
2.27- Floor Area
2.28- Forestry
2.29- Garage
2.30- High Risk Erosion Area
2.31- Highway
2.32- Home Occupation
2.33- Industrial Building
2.34- Institutional Building
2.35- Land Use Permit
2.36- Lodge
2.37- Lot Lines
2.38- Mineral
2.39- Mining
2.40- Mining Permit
2.41- Mobile Home
2.42- Mobile Home Park
2.43- Motel
2.44- Moveable Structure
2.45- Neighborhood

1
l

2
2
2.

3
3

3
3
3
3
3
4

4
4
4

4
4
5
5
5

5
5
6

6
6
6
6
7

7
7

7
7
7
8

8
8
8
8

8
8
8

9
9
9

9
9
9

�SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION

2.462.472.482.492.502.512.522.532.542.552.562.572.582.592.602.612.622.632.642.652.662.672.682.692.702.712.722.732.742.752.762.772.782.792.80-

Non-conforming Lot
Non-conforming Uses
Ordinary High Water Mark
Operator
Parcel
Park
Principal Structure
Private and Industrial Pipe Lines
Public Meeting Place
Public Utilities
Recession Rates
Reclamation Plan
Retail, Commercial &amp; Wholesale Stores
River
Roadside Stand
Service Institutions
Setback Lines
Setback Requirement
Shoreland
Shoreline
Site Plan
State Licens~d Residential Facility
Street
Sign
Structure
Sweetening Plant
Tourist Home
Trailer
Trailer Court or Park
Tree
Use
Waste
Water's Edge
Wetland
Yard

10
10
10
10
10
10
11
11
11
11
11
11
11
11
12
12
12
12
12
12
12
13
13
13
13
13
13
13
13
13
14
14
14
14

ARTICLE III - Land
SECTION 3.1 SECTION 3.2
SECTION 3.3 SECTION 3.4 SECTION 3.5 SECTION 3.6 SECTION 3.7 SECTION 3.8 -

Use Districts
Land Use Districts
Identification of Official Zoning Map
Authority of Official Zoning Map
Changes to Official Zoning Map
Replacement of Official Zoning Map
Rules of Interpretation
Purposes
SIC References

15
15
15
15
16
16
17
17

ARTICLE IV - Residential Districts, Rl-R4
SECTION 4.10 - High Density Residential, Discrict R-1
Use Regulations
SECTION 4.11 - Minimums
SECTION 4.20 - Resort Residential, District R-2
Use Regulations
SECTION 4.21 - Minimums
SECTION 4.30 - Country Residential, District R-3
Use Regulations

9

17
18
18
18
18

�SECTION 4.31 - Minimums
SECTION 4.40 - Multi-Family Residential District R-4
Use Regulations
SECTION 4.41 - Minimums

19
19
19

ARTICLE V - AG-Forest Preservation District, AP-1
SECTION 5.1 - Use Regulations
SECTION 5.2 - Minimums
SECTION 5.3 - Additional Special Use Criteria
SECTION 5.4 - Seasonal Help Housing

19
20
20
20

ARTICLE VI - Multiple-Use District, M-1
SECTION 6.1 - Use Regulations
SECTION 6.2 - Minimums

21
21

ARTICLE VII - Restricted Commercial District, CR-1
SECTION 7.1 - Use Regulations
SECTION 7.2 - Minimums

22
23

ARTICLE VIII
SECTION
SECTION
SECTION

- Connnercial District, C-1
8.1 - Use Regulations
8.2 - Minimums
8.3 - Manistee Lake Regulations

23
24
24

ARTICLE IX SECTION
SECTION
SECTION

Wetlands District, W-1
9.1 - Use Regulations
9.2 - Minimums
9.3 - Additional Special Use Criteria

26
26
26

ARTICLE X - Industrial District, I-1
SECTION 10.1 - Use Regulations
SECTION 10.2 - Minimums
SECTION 10.3 - Maximum Floor Area
ARTICLE XI SECTION
SECTION
SECTION
SECTION
SECTION

Big Manistee River Corridor District, BM-1
11.1 - Use Regulations
11.2 - Minimums
11.3 - Add~tional Requirements
11.4 - Natural Vegetation Strip
11.5 - Removal of Logs and Debris
from the River
SECTION 11.6 - Earth Changing Activities
SECTION 11.7 - Dredge and Fill Activities
SECTION 11.8 - Use of Pesticides, Herbicides
and Fertilizers

ARTICLE XII - Airport Overlay Zone District, OZ-1
SECTION 12.1 - Area Affected
SECTION 12.2
Height Limitations
SECTION 12.3
Unlawful Land Uses
Conflicting Federal or
SECTION 12.4
State Regulations

27
28
28
28
29
29
30
30
30
31
31
31
31
31
32

�ARTICLE XIII
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION

- High
13.l 13.2 13.3 13.4 13.5 13.6 -

Risk Erosion Overlay Zone District, OZ-2
Purpose
Area Affected
Boundaries of High Risk Erosion Areas
Schedule of Regulations
Accessory Structures
Disclaimer of Liability

ARTICLE XIV - General Provisions
SECTION 14.l - Compliance with County Sanitary Code
SECTION 14.2 - Essential Public Services
SECTION 14.3 - Advertising Signs
SECTION 14.4 - Height
SECTION 14.5 - Temporary Dwellings
SECTION 14.6 - Mobile Homes
SECTION 14.7 - Vehicular Parking Space,
Access and Lighting
SECTION 14.8 - Waste Accumulation and
Outside Storage
SECTION 14.9 - Access to Public Roads
SECTION 14.10 - Private Roads
SECTION 14.11 - Traffic Visibility at Corners
SECTION 14.12 - Bulk Regulations
SECTION 14.13 - Location of Accessory Buildings
and Structures
SECTION 14.14 - Other General Provisions
SECTION 14.15 - Additional Residential District
Regulations
ARTICLE XV SECTION
SECTION
SECTION
SECTION
SECTION
SECTION

Non-Conforming Uses, Buildings and Structures
15.l - Continuance
15.2 - Involuntary Destruction
15.3 - Discontinuance
15.4 - Extension
15.5 - Substitution
15.6 - Condemnation

ARTICLE XVI - Permits
SECTION 16.l - Land Use Permits
SECTION 16.2 - Special Use Permits
SECTION 16.3 - High Risk Erosion Areas
ARTICLE XVII
SECTION
~
SECTION
SECTION
SECTION
SECTION

- Administration
17. l - Manistee Township Zoning Administrator
17.2 - Zoning Board of Appeals
17.3 - Duties of the Zoning Board of Appeals
17.4 - Variances
17.5 - Interpretation of Ordinance Text

ARTICLE XVIII - Amendments, Validity, and Penalties
SECTION 18.l - Amendments
Validity
SECTION 18.2
Penalties
SECTION 18.3
SECTION 18.4
Conflicting Provisions and Transition Rules
SECTION 18.5
Captions
Effective Date
SECTION 18.6

32
32
33
33
34
34
34
34
35
37
38
38
40
41
41
41
42
42
43
43
44
44
45
45
45
46
46
46
48
62
63
64
65

66
68
69
69
69
70
70
70

�MANISTEE TOWNSHIP
MANISTEE COUNTY, MICHIGAN
PERMANENT ZONING ORDINANCE
ORDINANCE NUMBER
ARTICLE I
Preamble
SECTION 1.1 - Title
This Ordinance shall be known as the "Manistee Township Permanent
Zoning Ordinance".
SECTION 1.2 - General Purpose
The purposes of this Ordinance are:
A.

To promote the public health, safety and general welfare.

B.
To encourage the use of lands in accordance with their character and capabilities and to limit the improper use of the land.

c.

To conserve natural resources and energy.

D.
To meet the needs of the state's residents for food, fiber,
and other natural resources, places of residence, recreation, industry, trade, service and other uses of land.
E.
To ensure that uses of land shall be situated in appropriate
locations and relationships.
F.

To avoid overcrowding of population.

G.

To provide adequate light and air.

H.

To lessen congestion on the public roads and streets.

I.

To reduce hazards to life and property.

J.
To facilitate adequate provisions for a system of transportation, sewage disposal, safe and adequate water supply, education,
recreation and other public requirements.
K.
To conserve the expenditure of funds for public improvements
and services to conform with the most advantageous uses of land,
resources and property.
L.
To reasonably consider the character of each Land Use
District, its peculiar suitability for particular uses, the conservation of property values and natural resources, and the general and
appropriate trend and character of land, building and population
development.

-1-

�M.
To prevent economic and ecological damages due to unwise
development within environmentally sensitive areas and to prevent the
degradation of the shorelands.
N.

To prevent unwise patterns of development.

O.
To assure proper reclamation of mining sites and facilities
relating to the production, processing and storage of oil and gas.
P.
To create Land Use Districts which conform to the po licies
established in the Land Use &amp; Development Component of the Manistee
Township Master Plan.
SECTION 1.3 -

Authority

This Ordinance is adopted pursuant to the authority granted by
the Township Rural Zoning Act, Act 184 of the Public Acts of 1943, as
amended.

ARTICLE II
Definitions
SECTION 2.1 - Introduction
For the purpose of this Ordinance certain terms and words are
herein defined.
Words used in the present tense include the future,
words in the singular number include the plural number and words in
the plural include the singular number.
The word "shall" is always
mandatory and not merely directory.
The word "person" shall mean an
individual, partnership, corporation, or other association or their
agents.
Terms not herein defined shall have the meaning customarily
assigned to them.
SECTION 2.2 - Accessory Buildings or Structure
A. General:
A supplementary building or structure on the same lot
or parcel of land as ~he main building or buildings or part of the
main building, the use of which is incidental or secondary to that of
the main building or structure, but such use shall not include any
building used for dwelling, residential or lodging purposes, or
sleeping quarters for human beings.
Accessory buildings and structures include, but are not limited to private garages• boathouses,
storage
sheds,
playground
equipment,
sports
courts,
children's
playhouses, doghouses or similar pet accommodations, fallout shelters,
swimming pools, gazebos, barbeque pits and stoves, satellite receiving
dishes, television and radio antennas and towers, parking lots,
loading docks, signs and fences.
B. High Risk Erosion Areas: A structure which is clearly subordinate
or incidental to a principal structure or principal land use. Accessory structures include, but are not limited to tents, sheds, storage
structures or recreational vehicles and travel trailers which are
clearly not permanent and are easily removed.
Under no circumstances

-2-

�•
•
•
•

shall a septic system and tile field be considered an accessory
structure. Private garages, boathouses with permanent foundations and
any other similar permanent or substantial structures shall be located
landward of the minimum setback from the bluffline.
SECTION 2.3 - Accessory Use
A use naturally or normally incidental or subordinate to,
devoted exclusively to a permitted use of the land or buildings .

and

SECTION 2.4 - Agriculture
A use of land or structures which entails the art and science of
cultivating the ground for the production of food and forage crops,
including forestry, and livestock.
SECTION 2.5 - Airport
Manistee County Blacker Airport and all appurtenances used or
acquired for airport buildings or other airport facilities, and all
other appurtenant rights-of-way or other interests either heretofore
or hereafter established.
SECTION 2.6 - Airport Hazard Area
An area consisting of all the lands within Manistee Township
lying beneath the approach, transitional, 149 feet horizontal, conical
and 500 feet horizontal surfaces, and being located within a circle
having a radius extending horizontally six point thirty-two (6. 32)
miles from the established center of the usable landing area of the
airport.
SECTION 2. 7

Airport Hazard

Any building, structure or tree within the · Airport ·overlay Zone,
District OZ-2, which exceeds the height limitations established by
this Ordinance, or any use of land or of appurtenances thereto within
the Airport Overlay Zone District OZ-2 which interferes with the safe
use of the airport by aircraft.
SECTION 2.8 - Alter
To change, add or modify the location, use or structure or the
structural members of a building such as bearing walls, columns,
beams, posts, girders, and similar components, or in the size or location of the roof or exterior walls.
SECTION 2.9 - Basement or Cellar
A basement or cellar is that portion of a building partly below
the average grade of the parcel.
A basement is so located that the
vertical distance from the average grade to the floor is not greater
than the vertical distance from the average grade to the ceiling.
A
cellar is so located that the vertical distance from the average grade

-3-

�to the floor is greater than the vertical distance from the average
grade to the ceiling.
SECTION 2.10 -

Bluffline

The line which is the edge or crest of the elevated segment of
the shoreline above the beach which normally has a precipitous front
inclining steeply on the lakeward side. Where there is no precipitous
front indicating the bluff line, the line of perennial vegetation or
the location of the bluffline on adjacent properties may be considered
as indications of the location of the bluffline.
SECTION 2.11 - Boathouse.
Any structure or building designed or used for the temporary or
permanent storage of a boat for private use and located on the water's
edge of Bar Lake or Lake Michigan. A boathouse shall not exceed 18
feet in height from average grade to its peak.
SECTION 2.12 - Buildings
Any structure, either temporary or permanent, having a roof and
used or capable of being used for the shelter or enclosure of persons,
animals, chattels, or property of any kind and including principal
structures.
SECTION 2.13 - Bulk Storage Facility
One or a series of tanks, buildings or other storage facilities
of whatever type, including all related pumps, machinery, buildings,
equipment and other appurtenances associated therewith, whether above
or below ground or partially above ground and partially below ground,
used or designed for use for the storage, distribution and/or transportation of oil, gas or other liquid or gaseous_ hydrocar_bo_n products,
including propane gas, extracted from an oil or gas well and whether
or not the same has been treated, sweetened or otherwise refined. A
bulk storage facility shall not include storage facilities located at
retail gasoline stations, airport fuel storage facilities, fuel oil
storage facilities located at a residential dwelling or any other
facility with a maximum storage capacity of 500 gallons or less.
SECTION 2.14 - Cabin
Any building, tent or similar structure which is maintained, offered, or used for dwelling or sleeping quarters for transients, or
for temporary residence, but shall not include what are commonly
designated as hotels, motels, lodging houses or tourist homes.
SECTION 2.15 - Cabin Court or Cabin Park
Any tract or parcel of land on which two or more cabins as herein
defined, are maintained, offered or used for dwelling or sleeping
quarters, for transients.

-4-

�•
SECTION 2.16 -

Campground

A parcel or tract of land under the control of a person on which
sites are offered for use by the public or members of an organization
either free of charge or for a fee, for the establishment of five or
more temporary living quarters or temporary dwellings used for recreational purposes.
SECTION 2.17 - Central Production Facility
One or a series of tanks, heater treaters, and/or other equipment
of whatever type used or designed for processing or treating the
natural hydrocarbon products extracted from an oil or gas well, or the
later products thereof but which does not involve the removal of
sulfur or other impurities from natural gas unless the operation is
designed to remove small quantities of sulfur by use of a sponge
scrubber or similar type equipment.
A central production facility
shall not include a facility which is both located at a wellhead and
designed to service only one oil or gas well.
SECTION 2.18 - Day Care Centers
A facility, structure or residence used for the care and housing
of children between the hours of 7:00 o'clock a.m. and 6:00 o'clock
p.m. Each facility, structure or residence so used shall be licensed
according to the laws and statutes of the State of Michigan and shall
be operated according to the rules and regulations of the Michigan
Department of Social Services which shall be applicable to child day
care centers.
SECTION 2.19 - Driveway
The access to parcel of land used by motor vehicles.
SECTION 2.20 - Dwelling
A building, mobile home, pre-manufactured or precut s true ture
designed and used for _the complete living accommodations of a family
and which complies with the standards given in this Ordinance, and
which meets or exceeds the requirements of all other applicable laws
and regulations, including but not limited to the Manistee-Mason
County Sanitary Code, as amended, and the Michigan State Construction
Code.
A.

Single-Family Dwelling:
A dwelling occupied by one (1)
family, and so designed and arranged as to provide living,
cooking and kitchen accommodations for one (1) family only.

B.

Two-Family Dwelling:
A dwelling designed to provide for
separate living, sleeping and kitchen facilities for two (2)
families living independently of each other.

-5-

�C.

Multi-Family Dwelling:
A dwelling designed to provide for
separate living, sleeping and kitchen facilities for more
than two (2) families living independently of each other.

D.

Temporary Dwelling:
Cabins, tents, trailers,
basements, if used for human occupancy.

E.

Partial or Complete Underground Dwelling:
Any dwelling
other than a basement or cellar designed and built with a
majority of the structure below ground level and designed so
as not to be built upon.

garages

and

SECTION 2.21 - Erect
To build, construct, reconstruct, move upon or conduct any
physical operations on the land required for the building, including
excavations, fill, and drainage.
SECTION 2.22 - Erosion Control Device
Any structural or physical method used to control shoreland
erosion processes.
Erosion control devises include, but are not
limited to, structures such as groines, seawalls, revetments or
beachwalls and may include any type of beach nourishment by filing approved by the Zoning Administrator.
SECTION 2.23 - Existing Building
A building existing in whole or whose foundations are complete,
and whose construction is being diligently pursued on the effective
date of this Ordinance.
SECTION 2.24 - Family
One or more persons living together as a single housekeeping unit
and related by bonds of consanguinity, marriage or legal adoption or a
group of persons living in a dewelling unit as a single housekeeping
unit and intending to . live together as a group for the indefinite
future.
A family shall be deemed to include domestic servants and
gratuitous guests but shall not include any fraternity, sorority,
club, hotel, or other group of persons whose association is temporary
or commercial in nature .•
SECTION 2.25 - Farms
All of the contiguous, neighboring or associated land operated as
a single unit and upon which agriculture is being carried on directly
by the owner, operator, manager or tenant farmer, by his own labor, or
with the assistance of members of his household or hired employees.
Greenhouses,
nurseries,
orchards,
apiaries,
poultry
hatcheries,
poultry farms, and similar specialized operations may be considered as
farms; but establishments keeping or operating fur bearing animals,
game, fish hatcheries, dog kennels, stock yards, slaughter houses,
stone quarries, gravel or sand pits, shall not be considered farms

-6-

�hereunder, unless combined with and constituting a minor part of bona
fide agricultural operations on the same tract of land.
Nor shall
premises operated as fertilizer works, boneyards, or for the reduction
of animal matter, for the disposal of garbage, sewage, rubbish, offal
or junk constitute a farm hereunder.
SECTION 2.26 - Farm Buildings
Any building, other than a dwelling, erected, or maintained on a
farm, which is essential and customarily used on farms in the pursuit
of agricultural activities.
SECTION 2.27 - Floor Area
The habitable first floor area of a
exclusive of garage, breezeway, or porches.

building

or

structure,

SECTION 2.28 - Forestry
The use of land for the management and harvesting of trees from
their natural setting for purposes of producing lumber, pulp or firewood.
SECTION 2.29 - Garage
A.
Private: Any building or part thereof, accessory or otherwise, for storage of motor vehicles, or trailer coaches, or recreational vehicles, where no servicing or storage for a fee is conducted.
A private garage which is accessory to a dwelling shall not
be more than 30 feet in width, 30 feet in length, and 12 feet or one
story in height.
B.
Commercial:
Any building, other than a private garage, or
garage operated by a municipality, used for sto1=age, repair, greasing,
washing, rental, sales, servicing, adjusting, or equipping of automobiles, cars, motor driven vehicles, trailers, trailer coaches, or
recreational vehicles, for remuneration, hire, or sale or where any
such vehicle or engine may be fueled, repaired• rebuilt, or reconstructed, and including undercoating, or over-all painting when
conducted in an enclosed booth.
SECTION 2.30 - High Risk Erosion Area
An area designated as a high risk area due to shoreland erosion
by the Department of Natural Resources pursuant to the Shorelands
Protection and Management Act, Public Act 245 of 1970 as amended.
SECTION 2.31 - Highway
A roadway, street or thoroughfare, public or private, contained
within the limits of a right-of-way dedicated or maintained for the
operation of vehicular traffic.

-7-

�SECTION 2.32 - Home Occupation
A gainful occupation or service conducted by members of a family
within its place of residence; provided, that the space used is incidental or secondary to residential use, and provided, that there is no
external evidence of such occupation or service except a name plate
not more than four (4) square feet in area, without illumination, and
in character with the neighborhood; and providing further, that said
occupation or service does not require nor effect any change in the
external dimensions of the building. No services shall be rendered or
articles displayed outside the dwelling.
SECTION 2.33 - Industrial Building
A building or structure housing a manufacturing, assembly, chemical, or processing operation or transportation facilities.
SECTION 2.34 - Institutional Building
A building occupied by a municipal or non-profit corporation and
open to the public.
SECTION 2.35 - Land Use Permit
A standard form issued by the Manistee Township Zoning Administrator or his agent upon application by an owner or his agent, for the
proposed construction of a building or structure and/or the use of
land in compliance with the provisions of this Ordinance.
SECTION 2.36 - Lodge
A building used as a meeting place by members of private clubs,
service clubs, veterans organizations, and other fraternal or religious organizations and owned or leased by such0 group.
SECTION 2.37 - Lot Lines
The property lines bounding a parcel.
"Front lot line", in
case of a parcel abutting upon one public or one private street
highway means the line separating such parcel from such street
highway right-of-way.
A "rear lot line" is that lot line which
opposite and most distant from the front lot line of the parcel.
"side lot line" is any lot line not a front lot line or a rear
line.

the
or
or
is
A
lot

SECTION 2.38 - Mineral
A naturally occurring element or combination of elements
occur in the earth in a solid state, but shall not include soil.

that

SECTION 2.39 - Mining
All or part of the processes involved in the extraction and processing of mineral materials, including but not limited to sand and
gravel.
-8-

�SECTION 2.40 - Mining Permit
A special use permit for mining, whether on a regular or temporary basis, which is required by Section 16.2 of this Ordinance. It
does not replace or otherwise eliminate the need to apply for any
state mining permits otherwise required by law.
SECTION 2.41 - Mobile Home
A dwelling, residence or structure, transportable in one o r more
sections, exclusive of any tongue or hitch assembly, and designed to
be used as a dwelling with a permanent foundation, when connected to
the required utilities, including plumbing, heating, and/or air
conditioning and electrical systems contained therein and which is
installed by a Michigan licensed mobile home dealer or Michigan
licensed mobile home installer as required by Michigan Public Act 419
of 1976 and the administrative rules promulgated thereunder.
SECTION 2.42 - Mobile Home Park
A parcel or tract of land under the control of a person upon
which two (2) or more mobile homes are located on a continual, nonrecreational basis and which is offered to the public for that purpose, regardless of whether a charge is made therefore, together with
any building, structure, enclosure, street, equipment, or facility
used or intended for use incidental to the occupancy of a mobile home.
SECTION 2.43 - Motel
A building or group of buildings having units containing sleeping
accommodations which are available for temporary occupancy primarily
for automobile transients.
SECTION 2.44 - Moveable Structure
A building certified for the purpose of this Ordinance to be
moveable by a registered engineer or architect or a structure which is
of such a design and s~ze that facilitates moving. The structure must
be of sufficient structural design to withstand the stress associated
with moving and no structure shall be considered moveable if the
parcel on which it is placed is not accessible to moving equipment.
SECTION 2.45 - Neighborhood
A number of persons forming a loosely cohesive community within a
larger community, such as a town or village, and living close or
fairly close together in more or less familiar association with each
other.
SECTION 2.46 - Non-conforming Lot
Means a parcel of record or a parcel described in a deed or land
contract executed and delivered prior to the effective date of this
Ordinance, or an amendment thereto, which does not meet the minimum
requirements of the Land Use District in which it is located, and also
-9-

�•

means parcels which become substandard due to natural processes
provided such parcel was created with sufficient depth to accommodate
a principal structure and meet Ordinance setback requirements after
this Ordinance or amendment became effective.
SECTION 2.47 - Non-conforming Uses
A use which lawfully occupied a building or land at the effective
date of-iliis Ordinance or amendments thereto, which does not conform
after passage of the Ordinance or amendments thereto with the re quirements of the Land Use District in which it is located.
SECTION 2.48 - Ordinary High Water Mark:
The line between upland and bottomland which persists through
successive changes in water levels 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. Consistent with the Great Lakes Submerged Lands Act, Public
Act 247 of 1955 as amended, the ordinary high water mark for Lake
Michigan shall be deemed to be 579.8 feet above sea level.
SECTION 2.49 - Operator
Any person or an agency either public or private, engaged or who
has applied for a special use permit to engage in mining or the
operation of a central production facility, sweetening plant, or bulk
storage facility, whether individually, jointly, or through subsidiaries, agents, employees, or any person engaged in managing or
controlling such operation.
SECTION 2.50 - Parcel
A description of land. as identified by a property tax parcel
number on the Manistee County tax roll and on which one (1) principal
building and its accessory buildings may be placed, together with the
open spaces required by _this Ordinance.
SECTION 2~51 - Park
Any non-commercial recreational area.
SECTION 2.52 - Principal Structure
The main building or permanent structure on a lot or parcel which
may include but is not limited to a residential, commercial, industrial, institutional or mobile home building, and garages, permanent
accessory structures and attached buildings, including a septic
system, tile field or other waste handling facility. A non permanent
structure or easily removeable structure such as a tent, travel
trailers, recreational vehicle or similar structure shall be considered as accessory structures for the purposes of this Ordinance
even if no other permanent principal structure is on the parcel.

-10-

�SECTION 2.53 - Private and Industrial Pipe Lines
Any type of pipe line of any size used for private or industrial
purposes.
SECTION 2.54 - Public Meeting Place
Buildings and outdoor areas where numbers of persons congregate
from time to time for educational, religious, social or recreatj_onal
purposes, including churches, schools, community buildings, clubs,
lodges, theaters (indoor and outdoor), places of amusement and similar
assemblages.
SECTION 2.55 - Public Utilities
Any person, firm or corporation, municipal department or board,
duly authorized to furnish under government regulation, to the public,
transportation, water, gas, electricity, communication, steam, or
sewage disposal and other services.
SECTION 2.56 - Recession Rates
Means a quantitative measure of the landward movement of the
bluffline determined on the basis of the Shoreland Erosion Studies
conducted under Public Act 245 of 1970 as amended, and expressed in
terms of an annual average rate.
SECTION 2.57 - Reclamation Plan
The owner or operator's proposal for the reclamation of a project
site which is submitted under this Ordinance prior to the issuance of
a special use permit or where otherwise required by the terms of this
Ordinance, including any orders or decisions of the Zoning Board or
Zoning Board of Appeals requiring an owner or operator to provide
additional site plan information.
SECTION 2.58 - Retail, Commercial &amp; Wholesale Stores
A store, market or shop in which commodities are sold, or offered
for sale, in small or large quantities at wholesale or retail.
SECTION 2.59 - River
In District BM-1 means the Big Manistee River, its tributaries,
bayous, and estuaries which drain into or are connected with the Big
Manistee River.
SECTION 2.60 - Roadside Stand
A structure used or intended to be used solely by the owner or
resident tenant of the land on which it is located for the sale of
seasonal products of the immediate locality.

-11-

�SECTION 2.61 - Service Institutions
A store, market or shop in which services are sold or offered for
sale to the public, including, but not limited to, gasoline stations,
garages, repair shops, laundries, warehouses, printing houses, undertaking establishments, barber shops and beauty parlors.
SECTION 2.62 - Setback Lines
Lines established adjacent to streets, highways or lot lines for
the purpose of defining limits within which no building or structure
or any part thereof shall be erected or permanently maintained.
"Within a setback line" means between the setback line and the nearest
lot line, street or highway right-of-way.
Setback lines define the
area needed to maintain the minimum yard requirements established by
this Ordinance.
SECTION 2.63 - Setback Requirement
Means the minimum distance required by this Ordinance between the
bluffline and the most lakeward edge of a principal structure.
SECTION 2.64 - Shoreland
Means the land which borders or is adjacent to Lake Michigan
which may extend up to 1,000 feet landward of the ordinary highwater
mark.
SECTION 2.65 - Shoreline
Means that area of the shoreland where the land and waters of
Lake Michigan meet.
SECTION 2.66 - Site Plan
One or more documents, drawings, statements, exhibits or other
written material containing all of the information required by this
Ordinance to be submitted to the Zoning Administrator, Zoning Board or
Zoning Board of Appeals in connection with an application for a
regular land use on special use permit, an appeal or a request for
variance,
including
all
additional
information
the
Zoning
Administrator, Zoning Board or Zoning Board of Appeals may require of
the applicant or appellant, by order or decision, under this Ordinance
prior to issuing a permit, deciding an appeal, or granting a variance.
SECTION 2.67 - State Licensed Residential Facility
A structure constructed for residential purposes that is licensed
by the State of Michigan pursuant to Act 287 of the Public Acts of
1972, as amended, being Sections 331.681 to 331.694 of the Michigan
Compiled Laws, or Act 116 of the Public Acts 9of 1973, as amended,
being Sections 722.111 to 722.128 of the Michigan Compiled Laws, which
provides services for six (6) or less persons under twenty-four (24)
hour supervision or care for persons in need of such supervision or
care.
-12-

�SECTION 2.68 - Street
A thoroughfare, public or private,
means of access to abutting property.

which affords

a

principal

SECTION 2.69 - Sign
An inscribed board of space serving for advertisement and information.
SECTION 2.70 - Structure
A structure is any production or pieces of material artificially
built up or composed of parts joined together in some definite manner;
any construction, including dwellings, garages, buildings, signs and
sign boards, towers, poles, antennas, standpipes or other like objects, including principal structures.
SECTION 2.71 - Sweetening Plant
A facility or plant and all related equipment and appurtenances
associated therewith which is designed to remove sulfur compounds or
other impurities from natural gas from gas wells.
SECTION 2.72 - Tourist Home
A facility where lodging with or without meals is furnished for
compensation, chiefly on an overnight basis, and mainly to transients.
SECTION 2.73 - Trailer
A vehicle which can be drawn on a highway and is used exclusively
for recreational or camping purposes. Includes the terms Motor Home,
Pole-trailer, Trailer Coach, Travel Trailer, Mobile Home., .as defined
in the Michigan Motor Vehicle Code (Public Act 300 of 1949, M.S.A.
§9.1801-9.1882) and includes camping units, tents, or any other temporary dwellings.
SECTION 2.74 - Trailer Court or Park
Any site, lot, field, tract or parcel of land on which are
situated two (2) or more inhabited trailers, either free of charge or
for revenue purposes, and shall include any building, structure, tent,
vehicle, or enclosure located therein, and used or intended for use as
a part of the equipment of such park.
SECTION 2.75.

Tree

Any object of natural growth.
SECTION 2.76 - Use
The purpose for which land or a building thereon is designed,
arranged or intended to be occupied and used, or for which it is

-13-

�'

maintained.
The uses of land permitted in the several land use
districts established by this Ordinance shall be further defined by
the Standard Industrial Classification Manual of 1972, which is
incorporated herein by reference.
SECTION 2.77 - Waste
All accumulation of waste mined material and overburden placed on
the land surface, whether above or below water.
SECTION 2.78 - Water's Edge

'

The surveyed property line or meander line along the shore of a
body of water or the term "water's edge" in its usual and ordinary
sense and usage being that area of the shoreline where land and water
meet, in the event there is no surveyed property line or recorded
meander line along the shore at the water's edge.
When used in
reference to the Big Manistee River, the term "water's edge" shall be
deemed to apply to all tributaries, bayous, and estuaries which drain
into or are connected with the Big Manistee River.
SECTION 2.79 - Wetland
For purposes of this ordinance, a wetland shall be in conformity
with the definition set forth in the Goemaere-Anderson Wetland Protection Act, being Section 2(g) of Act 203 of the Public Acts of 1979;
MCLA 281.702(g); MSA 18.595(52)(g).
SECTION 2.80 - Yard
A space open to the sky, and unoccupied or unobstructed except by
encroachments specifically permitted under this Ordinance, on the same
parcel with a building or structure. Yard measurements shall be the
minimum horizontal distances.
A.

Front Yard:
A yard extending across the full width of a
parcel between the front lot lines and the nearest line of
the main building.

B.

Rear Yard:
A yard extending across the full width of a
parcel between the rear lot line and the nearest line of the
main building.

C.

Side Yard: A yard extending from the front yard to the rear
yard between the side lot line and the nearest line of the
main building or of accessory building attached thereto.

-14-

�I

•
•

ARTICLE III
Land Use Districts
SECTION 3.1 - Land Use Districts
The unincorporated portion of the Township of Manistee is hereby
divided into eleven (11) land use districts and two (2) overlay zones,
as follows:
A.
B.
C.
D.
E.
F.
G.
H.
I.

J.
K.
L.
M.

High Density Residential, District R-1.
Resort Residential, District R-2.
Country Residential, District R-3.
Multi-Family Residential, District R-4.
Ag-Forest Preservation, District AP-1.
Multiple Use, District M-1.
Restricted Commercial, RC-1.
Commercial, District C-1.
Wetlands, District W-1.
Big Manistee River Corridor, District BM-1.
Industrial, District 1-1.
Airport Overlay Zone, District OZ-2.
High Risk Erosion Overlay Zone, District OZ-3

SECTION 3.2 - Identification of Official Zoning Map
The land use districts and overlay zones are bounded on a map
entitled "Official Zoning Map", which zoning map and the contents
thereof are incorporated herein by reference. The Official Zoning Map
shall be identified by the signature of the Township Supervisor,
attested by the Township Clerk, and bear the seal of the Township
under the following words:
"This is to certify that this is the
Official Zoning Map referred to in the Manistee Township Permanent
Zoning Ordinance", together with the effective date of this Ordinance.
SECTION 3.3 - Authority of Official Zoning Map
Regardless of the existence of copies of the Official Zoning Map
which may from time to _time be made or published, the Official Zoning
Map, which shall be located in the Manistee Township Hall, shall be
the final authority as to the location of all land use district and
overlay zone boundaries.
SECTION 3.4 - Changes to Official Zoning Map
In the event of an amendment to this Ordinance which has the
effect of changing the location of a Land Use District boundary, the
Township Supervisor shall promptly make, or cause to be made, such
change on the Official Zoning Map immediately after the effective date
of the amendment and shall affix his signature thereon, attested by
the Township Clerk, under the following words:
"This is to certify
that this Official Zoning Map was amended on
(date)
in accordance with Amendments to the Manistee Township Permanent
Zoning Ordinance adopted on
(date)
by the Manistee
Township Board."

-15-

�SECTION 3.5 - Replacement of Official Zoning Map
In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or
number of changes made thereto, the Township Board may adopt a new
Official Zoning Map which shall supersede the prior Official Zoning
Map. The new Official Zoning Map may correct drafting or other errors
or omissions on the prior Official Zoning Map, but no such correction
shall have the effect of amending this Ordinance or the prior Official
Zoning Map, unless it shall have been adopted in accordance with Act
184 of the Public Acts of 1943, as amended.
The new Official Zoning
Map shall be identified by the signature of the Township Supervisor,
attested by the Township Clerk, and bear the seal of the Township
under the following words:
"This is to certify that this is the
Official Zoning Map referred to in the Manistee Township Permanent
Zoning Ordinance adopted on
(date)
which replaces and
supercedes
the
Official
Zoning
Map
which
was
adopted
on
(date)
"
SECTION 3.6 - Rules of Interpretation
A.
All questions concerning the exact location of
lines of any land use district or overlay zone not clearly
the Official Zoning Map shall be determined by the Zoning
Appeals, consistent with the purposes of this Ordinance and
of interpretation set forth in this section.

boundary
shown on
Board of
the rules

B.
Unless otherwise indicated, the boundary lines of land use
districts shall be interpreted in accordance with the following rules
of interpretation.
(1) A boundary indicated as approximately following the
centerline of a highway, street, alley or easement
shall be construed as following such centerline as it
existed on the date of enactment of this Ordinance or
the amendment which created the boundary.
(2) A boundary indicated as approximately following a recorded lot line or the line bounding a parcel shall be
construed as following such line as it existed on the
date of · enactment of this Ordinance or the amendment
which created the boundary.
(3) A boundary indicated as approximately following the
corporate boundary line of a city, village or township
shall be construed as following such line as it existed
on the date of enactment of this Ordinance or the
amendment which created the boundary.
(4) A boundary indicated as following the water's edge
shall be construed as following such water's edge, and
in the event of change in the location of the water's
edge, shall be construed as following the actual
water's edge at the time of interpretation.
(S) A boundary indicated as following the centerline of a
stream, river, canal, lake or other body ot water shall
be construed as following such centerline as it exists
at the time of interpretation.

-16-

�(6)

A boundary indicated as parallel to, or an extension
of, a feature indicated in Paragraphs A through E above
shall be so construed.

SECTION 3.7 - Purposes
The purposes for each of the Land Use Districts and Overlay Zones
created by this Ordinance include the General Purposes set for in
Section 1.2 of this Ordinance and, in addition, the specific purposes
identified in the Land Use and Development Component of the Manistee
Township Master Plan, particularly Section IV, Land Use and Development Policies, which is incorporated into this Ordinance by reference.
SECTION 3.8 - SIC References
The numbers appearing in parenthesis following the permitted and
special uses set forth in this Ordinance refer to the classification
numbers in the Standard Industrial Classification Manual, 1972, (SIC)
prepared by the Executive Office of the President, Office of Management and Budget, which is incorporated herein by reference.
Uses
listed in this Ordinance which are identified with a two-digit number
(XX) refer to the Major Groups in the SIC.
Except where otherwise
indicated, a use which is identified by reference to a Major Group
includes all uses listed in the SIC under that Maj or Group, if any,
with a three-digit (XXX) or four digit (XXXX) number, the first two
numbers of which are the same as the Maj or Group numbers.
Except
where otherwise indicated, a use which is identified with a three
digit (XXX) number includes all uses listed in the SIC, if any, with a
four digit (XXXX) number, the first three numbers of which are identical to the use in question, but does not include other uses in the
same Major Group.
Except where otherwise indicated, a use which is
identified with a four digit (XXXX) number includes only that use
referenced in the SIC and does not include other uses in the same
Major Group with two or three digits.

ARTICLE IV
Residential Districts, Rl-R4
SECTION 4.10 - High Density Residential, District R-1 - Use
Regulations

A.

Permitted uses by permit authorized pursuant to Section 16.1.
1.
2.
3.
4.

B.

Single family dwellings (88).
State Licensed Residential Facilities.
Home Occupations.
Accessory uses and buildings.

Special uses by permit authorized pursuant to Section 16.2.
1. Parks

-17-

�SECTION 4.11 - Minimums
A.
B.
C.
D.

Minimum parcel width - 100 feet.
Minimum parcel size - 15,000 square feet.
Minimum Floor Area - 900 square feet
Minimum setback or yard requirements including all accessory buildings and structures.
1. Front
- 25 feet.
2. Side
- 10 feet.
3. Rear
- 25 feet
4 .• Water's edge
- 50 feet.

SECTION 4.20 - Resort Residential, District R-2 - Use Regulations.

A.

Permitted uses by permit authorized pursuant to Section
16 .1.
1. Any permitted uses in District R-1
2. State Park Campgrounds.
3 .• Erosion Control Devises.

B.

Special uses by permit authorized pursuant to Section
1. Party stores (549, 592)
2. Parks

16.2.

SECTION 4.21 - Minimums
A.

B.
C.
D.

Minimum parcel width - 100 feet.
Minimum parcel size - 25,000 square feet.
Minimum floor area - 1,000 square feet.
Minimum setback or yard requirements, including all
accessory buildings and structures.
1. Front
- 25 feet
2. Side
- 10 feet
3. Rear
- 25 feet
4. Water's Edge
- 50 feet except in High Risk
Erosion Areas where the regulations set forth in
Article XIII shall apply.

SECTION 4.30 - Country Residential, District R-3 - Use Regulations:
A.

Permitted Uses by permit authorized pursuant to Section
16.1.
1.
2.
3.

B.

Any permitted uses in District R-2
Two-family dwellings (88).
Churches and religious organizations (8661)

Special Uses by permit authorized pursuant to Section 16.2.
1.
2.

Hulti-family dwellings (88)
Commercial nurseries and greenhouses (078)

-18-

�SECTION 4.31 - Minimums
A.

B.
C.
D.

Minimum parcel width - 100 feet
Minimum parcel size - 20,000 square feet
Minimum floor area - 900 square feet
Minimum setback or yard requirements, including all
accessory buildings and structures.
1. Front
- 25 feet
2. Side
10 feet
3. Rear
- 25 feet
4. Water's Edge
- 50 feet

-

SECTION 4.40 - Multi-Family Residential District R-4 - Use
Regulations:
A.

Permitted Uses by permit authorized pursuant to Section
16.1.
1. Erosion Control Devices.

B.

Special Uses by permit authorized pursuant to Section 16.z.
1. Any permitted use in District R-3.
2. Multi-family dwellings (88)
3. Hotels, motels and tourist courts (701).
4. Parks

SECTION 4.41 - Minimum
A.

B.
C.

D.

Minimum parcel width - 100 feet for single family dwellings;
300 feet for all other uses.
Minimum parcel size - five (5) acres.
Minimum Floor area - 900 square feet for single family
dwellings; 700 feet for two and multi-family dwellings;
400 feet for all other uses.
Minimum setback or yard requirements, ·including all accessory buildings and structures.
1. Front
- 25 feet
2. Side
- 25 feet
3. Rear
- 10 feet
4. Water's Edge
- 50 feet, except in High Risk
Erosion Areas where the regulations set forth in
Article XIII shall apply.
ARTICLE V
AG-Forest Preservation District AP-1

SECTION 5,1 - Use Regulations

A.

Permitted uses

by permit authorized pursuant

16 .1.
(1)
(2)
(3)

(4)

Agriculture production - crops (01)
Agriculture production - livestock (02)
Agriculture services - (07)
Forestry - (08)
-19-

to Section

�(5)
(6)

(7)
(8)

(9)
(10)
(11)
(12)
(13)

B.

Fishing, hunting and trapping (09) - except
commercial fishing (091)
Lumber and wood products (24) - except millwork,
plywood and structural members (243), wood containers (244), wood buildings and mobile homes
(245), and miscellaneous wood products (249)
Maple Syrup rendering facilities
Roadside stands for the retail sale of farm products
produced on an adjoining farm
One single-family or two-family dwelling (88), provided
the same is occupied by the owner or operator of
an adjoining farm.
Riding stables, riding and hiking trails
Home occupations
Accessory uses and buildings
Farm buildings.

Special Uses by permit authorized pursuant to Section 16.2.
(1) Any permitted or special uses in District R-3

SECTION 5.2 - Minimums
A.

B.
C.

Minimum parcel size - 40 acres
Minimum floor area for all dwellings - 900 square feet
Minimum setback or yard requirements including all accessory
buildings and structures
1. Front
- 50 feet.
2. Rear
- 25 feet.
3. Side
- 25 feet.
4. Water's Edge - 50 feet.

SECTION 5.3 - Additional Special Use Criteria
In addition to the criteria for special us~ approval contained in
Section 16. 2, the following standards shall be applied in considering
an application for a special use permit in the AG-Forest Preservation
District AP-1.
A.
The proposed use shall be situated upon lands which are less
suitable for agricultural production or forestry uses than other lands
within the AG-Forest Preservation District. This determination shall
be based upon a comparative analysis and evidence considering natural
as well as economic factors.
B.
The proposed use shall be situated in a manner so as to
reduce to a minimum the amount of productive agricultural or forestry
land which is converted to the proposed use.

SECTION 5.4 - Seasonal Help Housing
Dwellings for the use of seasonal and itinerant farm employees
and migratory workers shall be exempt from the minimum parcel size and
minimum floor area requirements of this Section, but shall comply with
all provisions of the Michigan Public Health Codes and all federal
regulations.
-20-

�ARTICLE VI
Multiple-Use District M-1
SECTION 6.1 - Use Regulations
A.

Permitted uses by permit authorized pursuant to Section 16.1.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)

Any permitted or special use in District AP-1.
Any permitted use in Districts R-1, R-2, R-3, and R-4.
Residential building construction (152)
Non-residential building construction (154)
Plumbing, heating and air conditioning (171)
Painting, paper hanging, decorating (172)
Electrical work (173)
Carpentry and flooring (175)
(9) Roofing and sheet metal work (176)
(10) Water well drilling (178)
(11) Airports

B.

Special uses by permit authorized pursuant to Section 16.2.
(1)
(2)

(3)
(4)
(5)

(6)
(7)

(8)
(9)

(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)

Hotels, motels and tourist (cabin) courts (701)
Facilities for the exploration and production of oil,
gas and other minerals, including but not limited
to, central production facilities,
sweetening
plants,
bulk storage facilities,
exploration
facilities (1382) and field services facilities
(1389),
Mining (14)
Masonry, stone work, and plastering (174)
Concrete work (177)
Wrecking and demolition work (1795)
Meat products manufacturing (201.)
Dairy products manufacturing (202)
Preserved fruits and vegetables manufacturing (203)
Grain mill products manufacturing (204)
Lumber and wood products manufacturing (24)
Petroleum refining (291)
Paving and roofing materials manufacturing (295)
Concrete, gypsum and plaster products manufacturing
(327)
Instruments and related products manufacturing (38)
Trucking and warehousing (42)
Transportation services (47)
Communications (48)
Facilities for the pressure treatment of wood, lumber
and poles.
Mobile Home Parks
Cabins
Any permitted use in Districts CR-1 and C-1

SECTION 6.2 - Minimums
A.

Minimum parcel size - 5 acres
-21-

�B.
C.
D.

Minimum parcel width or road frontage - 300 feet.
Minimum floor area for all dwellings - 900 square feet.
Minimum setback or yard requirements, including all
accessory buildings and structures.
(1) Front
- 50 feet.
(2) Rear
- 25 feet.
(3)
Side
- 25 feet.
(4) Water's Edge - 50 feet.
ARTICLE VII
Restricted Commercial District, CR-1

SECTION 7.1- Use Regulations.
A.

Permitted uses by permit authorized pursuant to Section 16.1.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)

B.

Any permitted or special use in Districts R-1, R-2, R-3
and R-4
Air Transportation Services (45)
Communications (48)
Beer, wine and distilled beverages, wholesale or retail
(518)
Paint, glass and wallpaper stores (523)
Hardware stores (525)
Retail nurseries and garden stores (526)
General merchandise stores (53)
Food stores (54)
New and used car dealers (551)
Boat dealers (555)
Recreation and utility trailer dealers (556)
Eating and drinking establishments (58)
Liquor stores (592)
Banks (60)
Credit agencies other than banks (61)
Security commodity brokers and services (62)
Insurance carriers (63)
Insurance agents, brokers and services (64)
Real es~ate agents, brokers and services (65)
Holding and other investment offices (67)
Health services (80)
Legal services (81)
Educational services (82)
Social services (83)
Membership organizations (86)
Miscellaneous services (89)
Executive, Legislative and general public
administration offices (91)
Correctional institutions (9223) provided the same are
owned and operated by Manistee County.
Airports

Special uses by permit authorized pursuant to Section 16.2.

-22-

�(1)
(2)
(3)
(4)
(5)
(6)

(7)
(8)
(9)

Printing and publishing (27)
Instruments and related products manufacturing (38 )
Public warehousing (422)
Hotels and other lodging places (70)
Personal services (72)
Business services (73)
Motion pictures (78)
Amusement and recreation services (79)
Museums, botanical and zoological gardens (84)

SECTION 7.2 - Minimums

A.
B.
C.

Minimum parcel size - 15,000 square feet
Minimum parcel width or road frontage - 100 feet
Minimum setback or yard requirements including all accessory
buildings and structures.
(1)
Front
- 25 feet
(2) Side
- 20 feet
(3) Rear
- 25 feet
(4) Water's Edge
- 50 feet
ARTICLE VIII
Commercial District, C-1

SECTION 8.1 - Use Regulations

A.

Permitted uses

by

permit

authorized

pursuant

to

Section

16. l.
(1)
(2)

(3)
(4)
(5)
(6)

(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)

(15)

Any permitted use in District CR-1.
Trucking and warehousing (42)
U.S. Postal service facilities _ (.~3) _
Transportation services (47)
·
Wholesale trade-durable goods (50) except metals and
minerals (505) and miscellaneous durable goods
(509)
Wholesai"e trade non-durable goods (51) provided that
drugs, proprietaries and sundries (512); chemicals
and allied products (516); petroleum and petroleum
products (517); grain (5153); and farm supplies
(5191) are packaged and are not sold or stored in
unpackaged bulk quantities. Also except livestock
(5154) and poultry and poultry products (5144)
Building materials and garden supplies (52)
Automobile dealers and service stations (55)
Apparel and accessory stores (56)
Furniture and home furnishing stores (57)
Miscellaneous retail stores (59)
Hotels and other lodging places (70)
Personal services (72)
Business services (73)
Auto repair services and garages (75)

-23-

�(16)
(17)
(18)
(19)
(20)

Miscellaneous repair shops (76)
Motion pictures (78)
Amusement and recreation services (79)
Museums, botanical and zoological gardens (84)
Justice, public order and safety (92) except
correctional institutions (9223)
(21) Churches and religious organizations (8661)
(22) Marine craft, charter, repair or storage facilities and
marinas.

B.

Special used by permit authorized pursuant to Section 16.2.
(1)
(2)
(3)
(4)
(5)
(6)
(7)

Residential building construction (152)
Non-residential building construction (154)
Textile mill products manufacturing (22)
Apparel and other textile products manufacturing (23)
Bags, except textile bags, manufacturing (2643)
Printing and publishing (27)
Instruments and related products manufacturing (38)

SECTION 8.2 - Minimums

A.
B.

c.

Minimum parcel size - 15,000 square feet
Minimum parcel width or road frontage - 100 feet
Minimum setback or yard requirements including all accessory
buildings and structures
1. Front
- 25 feet
2. Side
- 20 feet
3. Rear
- 25 feet
4. Water's Edge
- 50 feet

SECTION 8.3 - Manistee Lake Regulations
A.
Every parcel of land which lies in whole or in .part within
the Lakefront Multiple Commercial DistFict as established in the
Manistee Lake Management Plan (October, 1982) as amended or extended,
is subject to the additional regulations and conditions set forth in
this Section 8.3. to the extent it lies within such Lakefront Multiple
Commercial District.
B.
Any permitted use specified in Section 8.lA which involves
alteration of the Manistee Lake or Channel shoreline by dredging, fill
or channelization shall be authorized only by a special use permit
granted pursuant to Section 16.2.
C.
A five (5) foot wide greenbelt along the Manistee Lake or
Channel shoreline shall be maintained with trees or vegetation characterized by having a wooden stem or trunk (as opposed to a fibrous or
grass stem).
D.
Parking lots and loading facilities designed for truck or
motor vehicles shall be located ou the landward side of the principal
structure or use. The general parking requirements of this Ordinance,
Section 14.7, shall apply.
E.
In addition to the requirements of Section 16. 2 of this
Ordinance, the following additional criteria shall apply to all
special uses located in whole or in part within the boundaries of the
-24-

�Lakefront Multiple Commercial District established by the Manistee
Lake Management Plan.
(1) The proposed use shall be carried out entirely within
an enclosed building so no external evidence of the
activity , in the form of sight, sound, or smell, is
apparent except for external parking, lawn or garden
landscaping, and signs as provided in Section 14.3 of
this Ordinance.
(2) The proposed use shall be of such a nature that
waterfront access and/or aesthetic views of Ma11istee
Lake and the Big Manistee River delta are a necessary
or an integral part of the nature of the proposed land
use.
The Manistee Township Zoning Board may require,
as a condition of approving the special use permit,
that proposed uses not requiring waterfront or aesthetic views of Manistee Lake be located as far back from
the water as possible on the parcel so the portion of
the parcel closest to Manistee Lake is available for
future development, sale, or open space.
Conditions
may be imposed to protect views from adjacent property
of Manistee Lake and the Big Manistee River delta. The
Manistee Township Zoning Board may, in placing conditions, increase or decrease minimum parcel size or
setback requirements of this Ordinance.
(3) No polluted discharge, treated or untreated, shall be
introduced into Manistee Lake or Channel.
(4) No particulate or chemical matter shall be discharged
into the air.
(5) An environmental assessment and fiscal impact
assessment may be required by the Manistee Township
Zoning Board.
In the case of filling, dredging, or
channelization, an environmental assessment or impact
shall be required.
(6) A Pollution Incident Prevention : Plan as specified in
Part V of the rules of the Michigan Water Resources
Commission Act (Act
245, P.A. 1929, as amended),
approved by the Michigan Department of Natural Resources., shall be required if the proposed use includes
handling or storage of materials included in
the
Michigan Department of Natural Resources Critical
Materials Register.
(7) Prior to application for a special use permit, the
proposed use shall be approved or tentatively approved
by the U.S. Army Corps. of Engineers;
the Soil and
Sedimentation
Control
Agency;
the
Manistee-Mason
District Health Department;
Michigan Department of
Natural Resources (Inland Lakes and Streams Act, Great
Lakes Submerged Lands Act, and/or Water Resources
Commission); and any other state or federal agencies
responsible for administration and enforcement of
applicable state or federal statutes.
(8) Requirements and changes required by the agencies

-25-

�listed in preceding paragraph shall be shown on the
site plan or included in material submitted with the
application for special use permit under Section 16.2.
(9) Appropriate corrective measures shall be proposed to
eliminate or minimize identified undesirable or negative impacts on, and to insure compatibility of the
proposed use with, the other uses of Manistee Lake and
land uses in this District C-1.
(10) Land uses located on riparian property to Manistee Lake
and Channel may be site-designed and arranged with
buffering, screening, and landscaping to take advantage
of aesthetically pleasing views, and shall be sitedesigned to avoid blocking the views by neighboring
establishments or parcels of land, to provide a stabilized shoreline for pedestrian use, marina use, open
space, greenbelt or related activities.
ARTICLE IX
Wetlands District W-1
SECTION 9.1 - Use Regulations
A.

Permitted uses by permit authorized pursuant to Section 16.1.
(1)
(2)

B.

Grazing of livestock
Non-motorized recreational and sports activities

Special uses by permit authorized pursuant to Section 16.2.
(1)
(2)
(3)
(4)

Single family dwellings (88)
Home occupations
Accessory uses and buildings
Cabins.

SECTION 9.2 - Minimums

A.
B.
D.

Minimum parcel size - 5 acres
Minimum floor area - 600 square feet
Minimum setback or yard requirements including all accessory
buildings and structures
(1) Front
- so feet
(2) Side
- 50 feet
(3) Rear
- 50 feet
(4) Water's Edge
- 50 feet

SECTION 9.3 - Additional Special Use Criteria
In addition to the criteria for special use approval contained in
Section 16.2, the following standards shall be applied in considering
an application for a special use permit in the Wetlands Districts W-1.
A.
All special use permit applications for a building or
structure used or designed for use for human habitation on a permanent
or temporary basis shall be accompanied by a permit for a septic

-26-

�system or other approved waste treatment system
Manistee-Mason County District Health Department.

issued

by

the

B. No filling, dredging, channeling, draining, dam construction
or earth changing activities shall be permitted in the Wetlands
District W-1 without prior written approval from the Michigan Department of Natural Resources. All permits issued by the Michigan Department of Natural Resources shall be exhibited to the Zoning Administrator as site plan material in addition to the site plan material
required by Section 16.2.
C. No special use permit shall be granted with respect to any
lands consisting of a wetland as that term is defined in this Ordinance until all requirements of Act 203 of the Public Acts of 1979,
MCL 281.700 e t ~ ; MSA 18.595(50) e t ~ • have been complied with.
ARTICLE X
Industrial District 1-1.
SECTION 10.1 - Use Regulations
A. All uses in the Industrial District 1-1 are special uses and
shall be allowed only by a special use permit authorized pursuant to
Section 16.2.
B.

Special uses by permit authorized pursuant to Section 16.2.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)

Forestry Activities (08)
Fishing, hunting and trapping activities (09)
Metal mining (10)
Oil and gas extraction (13)
Non-metallic minerals (mining) except fuels (14)
General building contractors construction .(15)
Heavy construction contractors (16)
Special trade contractors (17)
Food and kindred products manufacturing (20)
Textile mill products manufacturing (22)
Apparel and other textile products manufacturing (23)
Lumber and wood products manufacturing (24)
Furniture and fixtures manufacturing (25)
Paper and allied products manufacturing (26)
Printing and publishing (27)
Chemicals and allied products (28)
Petroleum and coal products (29)
Rubber and miscellaneous plastics products (30)
Leather and leather products (31)
Stone, clay and glass products manufacturing (32)
Metal industries (33)
Fabricated metal products (34)
Machinery except electrical (35)
Electrical and electronic equipment (36)
Transportation equipment (37)
Instruments and related products (38)

-27-

�I
(27)
(28)
(29)
(30)
(32)
(33)
(34)
(35)
(36)

I

Miscellaneous manufacturing industries (39)
Railroad transportation (40)
Bus terminal and service facilities (417)
Trucking and warehousing (42)
Pipelines except natural gas (46)
Transportation services (47)
Communication services (48)
Electrical, gas and sanitary services (49)
Any permitted or special uses allowed in the Restricted
Commercial District CR-1 or the Commercial District C-1

SECTION 10.2 - Minimums
A.
B.

Minimum parcel size - 5 acres
Minimum setback or yard requirements including all accessory
buildings and structures
(1) Front - 60 feet
(2) Side - 30 feet, except when the side lot line
abuts the boundary of the Industrial District
1-1 in which case the side yard shall be 60
feet
(3) Rear - 60 feet

SECTION 10.3 - Maximum Floor Area
All buildings and structures located in this land use district
shall occupy not more that 60% of the area of the parcel of land for
which the special use permit has been granted.
ARTICLE XI
Big Manistee River Corridor District BM-1
SECTION 11.1 - Use Regulations
A.

Permitted uses by permit authorized pursuant to Section 16.1.
(1)
(2)
(3)
(4)
(5)
(6)

Single family dwellings (88)
Hunting,· fishing and trapping
Hiking and riding trails and stables
One pump house per parcel
A single dock per parcel
Erosion control devices or bank protection structures
designed and installed in accordance with a valid
permit issued by the Department of Natural Resources
(7) Non-motorized trails and pathways
(8) Agricultural pasture land, livestock raising, cropland
and cultivated tree farms.

B.

Special uses by permit authorized pursuant to Section 16.2.
(1)
(2)

(3)

Two and multi-family dwellings
Campgrounds and tourist (cabin) courts
Canoe liveries

-28-

�(4)
(5)

(6)

Parks, picnic areas and interpretive nature centers
Non-commercial camping and other recreational
activities which do not require the construction
permanent facilities
Farm buildings.

of

SECTION 11.2 - Minimums
A.

Minimum parcel sizes - 20 acres
Minimum floor area - 600 square feet
D.
Minimum setback or yard requirements including all accessory
buildings and structures
(1) Front
- 50 feet
(2) Side
- 50 feet
- 50 feet
(3) Rear
200 feet
(4) Water's Edge

B.

SECTION 11.3 - Additional Requirements
In addition to the requirements of Sections 16.1 and 16.2, the
following additional conditions shall be satisfied prior to the
issuance of a regular land use or special use permit for any type of
dwelling in this District BM-1:
A.
Any parking, camping, playground, dwelling or any other
permitted or special use, or any other use or other
structures shall be located on existing dry land within
portions of the district.
B.
The proposed use shall not require fill in wetland
portions of the district, but may include fill on dry
land portions of the district.
C.
Prior to application for a permit under this Ordinance,
the proposed use shall be approved or tentatively
approved by the U.S. Army Corps of Engineers; the
Michigan Department of Natural R~sources (Inland Lakes
and Streams Act, Great Lakes Subm.e rged La~ds Act and/or
Water Resources Commission); the Soil and S~dimentation
Control agency; the Manistee-Mason District Health
Department; and any other Michigan agencies responsible
for administration and enforcement of applicable state
statutes.
D.
Requirements and changes required by the agencies
listed in subsection (C) above shall be clearly shown
on the site plan or included in material submitted with
the application for a permit under this Ordinance.
E.
Minimum land area for the use shall be under one
ownership and large enough to accommodate the proposed
uses and structures without endangering or compromising
the intent and purpose of this district.
F.
Adequate measures shall be shown in design and site
plan to insure protection of any wetland area in
accordance with the purposes and int,mt of this district.
G.
The dwelling shall be designed to be compatible and

-29-

�H.

I.

harmonious with the wild, scenic, environmental, health
and safety concerns within the Big Manistee corridor.
The dwelling shall be designed and located so it is not
seen by boaters and other users of the surface waters
of the Big Manistee River except that a filtered view
from a dwelling structure to the river may be cleared
so the view is oriented to look downstream, and
The dwelling shall be located landward of the natural
vegetation strip.

SECTION 11.4 - Natural Vegetation Strip
A natural vegetation strip shall be maintained on each parcel
between the water's edge and a line each part of which is 200 feet
horizontal from and perpendicular to the water's edge of the river.
Within the natural vegetation strip, trees and shrubs may be selectively pruned or removed for harvest of merchantable timber to achieve
a filtered view of the river from the principle structure and for
reasonable private access to the river.
All pruning and removal
activities (1) shall ensure that a live root system stays intact to
provide for stream bank stabilization and erosion control, and (2)
shall ensure that any path to the river is no greater than 3 feet in
width, which shall meander down to the edge of the river in a manner
which protects the soil and vegetation from erosion while also screening the principle structure and vehicles from a direct view of the
river. Dead, diseased, unsafe or fallen trees and noxious plants and
shrubs, including poison ivy, poison sumac, and poison oak, and other
plants regarded as a common nuisances in Section 2 of Act 359 of the
Public Acts of 1941, as amended, may be removed.
SECTION 11.5 - Removal of Logs and Debri8 from the River
The owner of land situated within District BM-1 may clear dead,
fallen logs and other debris from the river to m~intain a · safe, clean
and free-flowing river when, after permits have been issued by the
Michigan Department of Natural Resources and/or the U.S. Army Corps.
of Engineers, as required, removal is undertaken in a manner which
will least disrupt fish and wildlife habitat, shore vegetation and
limit sediment disruption on the river.
SECTION 11.6 - Earth Changing Activities
All earth changes, including dredging, cutting, filling and
grading within five hundred (500) feet of the water's edge of the
river shall be done in accordance with the requirements of a permit
issued by
the Manistee County Building and
Soil Erosion and
Sedimentation Control Department pursuant to Act 34 7 of the Public
Acts of 1972, as amended and such other permits as may be required by
law for the activity undertaken. This Section shall not be deemed to
authorize mining.

-30-

�SECTION 11.7 - Dredge and Fill Activities
The provisions of Act 346 of the Public Acts of 1972, as amended,
shall apply to all dredge and fill activities and construction of
permanent structures, including docks, lying below the ordinary high
water mark of the river.
SECTION 11.8 - Use of Pesticides, Herbicides and Fertilizers
The use, application or other utilization
herbicides and fertilizers is prohibited.

of

pesticides,

ARTICLE XII
Airport Overlay Zone District OZ-1
SECTION 12.1 -

Area Affected

Every parcel of land which lies in whole or in part within the
Airport Overlay Zone as depicted on the Official Zoning Map is subject
to the regulations of this Overlay Zone OZ-1 to the extent the parcel
lies within this Overlay Zone OZ-1. The regulations of this Overlay
Zone OZ-1 are in addition to any regulations in the underlying Land
Use Districts• however these regulations supersede all conflicting
regulations of the underlying Land Use District to the extent of such
conflict but no further.
SECTION 12.2 - Height Limitations
No person shall erect any building or structure or permit any
tree to grow to a height in excess of 25 feet.
SECTION 12.3 - Unlawful Land Uses
It shall be unlawful to put any parcel within the area affected
by this Overlay Zone OZ-1 to any use which would:
A.

Create electrical interference with radio communication
between the airport and aircraft or create interference with
navigational aids employed by the airport or by aircraft;

B.

Make it difficult for aircraft pilots to discinguish between
airport lights and other lights or result in glare in the
eyes of aircraft pilots using the airport;

C.

Create air pollution in such amounts as to impair the
visibility of aircraft pilots in the use of the airport;

D.

Would endanger the landing, taking off or maneuvering of
aircraft;

E.

Be noise sensitive to aircraft noise while taxing, taking
off and/or landing.

F.

Attract birds.

-31-

�G.

Would otherwise create an airport hazard.

SECTION 12.4 - Conflicting Federal or State Regulations
The regulations of this Overlay Zone OZ-1 are not intended to
conflict with existing or future approach protection regulations
promulgated by the United States, the State of Michigan or any
agencies thereof, including but not limited to the giving of notice of
any construction, erection or alteration of a building or structure
that:
A.

Would be more than 149 feet above ground level at its site;

B.

Would be above an imaginary surface extending outwards and
upwards at 100: 1 slope within 20,000 feet of the nearest
point of an airport runway more than 3200 feet in length; or

C.

Would be above an imaginary surface extending outward and
upward at 50:1 slope within 10,000 feet of the nearest point
of an airport runway less than 3200 feet in length.
ARTICLE XIII
High Risk Erosion Overlay Zone, District OZ-2

SECTION 13.1 - Purpose
The purpose of this Article is to prevent the placement of
structures in areas of high risk erosion consistent with the
Sho~elands Protection and Management Act of 1970, P.A. 245 of 1970, as
amended. In addition to the purposes set forth in Sections 1. 2 and
3.6, it is the purpose of this Article to:
A.
Establish a minimum setback line fo~ principal structures
from an eroding bluff which, based on the erosion studies prepared by
the Department of Natural Resources pursuant to the Shoielands Protection and Management Act, P.A. 245 of 1970, as amended, is designed
to provide a minimum of thirty (30) years protection from shoreland
erosion.
B.
Minimize the economic hardships which individuals and the
Township of Manistee may face in the case of unanticipated property
loss due to severe erosion.

C. The standards and requirements contained in this Article and
the Official Zoning Map are intended to further the purposes of the
Shorelands Protection and Management Act, P.A. 245 of 1970, as amended.
SECTION 13.2 - Area Affected
The boundaries of those stretches of shoreland affected by the
High Risk Erosion Overlay Zone District OZ-2, shall be consistent with
the affected properties described in Section 13.3 of this Article and
-32-

~

�this area extends landward from the ordinary high water mark to the
minimum setback line for principal structures.
For the purpose of
this Overlay Zone District OZ-2, the minimum setback requirement shall
be measured from the bluffline and shall be construed as running
parallel to the bluffline.
In the event the bluffline recedes (moves
landward), the setback line of the high risk erosion area shall also
be construed as to have moved landward a distance equal to the
bluffline recession.
SECTION 13.3 -

Boundaries of High Risk Erosion Areas

The end points of the High Risk Erosion Areas provided below
coincide with descriptions provided in the shoreland erosion studies
of the Department of Natural Resources, and are as follows:
A. High Risk Erosion Area A.
(1)
The north end of Area A lies at the northern boundary
of the Township at the intersection of Section 32, T23N,
Rl6W, and Section 5, T22N, Rl6W, and the shoreline.
(2) The south end of Area A lies at the northern border of
Orchard Beach State Park, 2,800 feet south of the intersection of Sections 24 and 25, T22N, Rl7W,
and the
shoreline.
B.

High Risk Erosion Area B.
(1)
The north end of Area B lies at the intersection of
Sections 25 and 36, T22N, Rl7W, and the shoreline.
(2)
The south end of Area B lies 2,150 feet north of the
intersection of Section 2, T21N, Rl7W, and Section 35, T22N,
Rl7W and the shoreline.

SECTION 13.4 - Schedule of Regulations
Within the boundaries of the High Risk Erosion Areas established
by this Article, no principal structure shall be located between the
ordinary high water mark and the line defining the minimum setback
distance indicated on · the table below.
The setback requirement
provided for in this Section shall be measured in a landward direction
horizontal from and perpendicular to the bluff line.
For e a ch High
Risk Erosion Area described in Section 13.3, the minimum setback for
any principal structure shall be as follows
Designated High Risk
Erosion Area

Minimum Setback Requirement
from Bluffline

Area A
Area B

55 feet
35 feet

-33-

�SECTION 13.5 - Accessory Structures
Accessory structures which can be easily and economically removed
prior to erosion damage are exempted from the principal s true ture
setback requirements of the High Risk Erosion Overlay Zone, except
that no accessory structures which are permanent in either construction or location may be placed in the High Risk Erosion areas.
To the fullest extent practical, permitted accessory structures which
are placed in high risk erosion areas shall be removed prior to
erosion damage.
SECTION 13.6 - Disclaimer of Liability
The provisions of this Article are considered the minimum necessary for reducing erosion hazards and property loss for a 3O-year
period based upon current engineering and scientific methods of study.
Faster or slower rates of erosion occur.
Erosion rates may be increased by natural causes such as high lake levels or major storms or
man-made causes such as the construction of erosion control devises or
by increasing the amount of runoff from the land. Placing a structure
landward of the minimum setbacks established by this Article is not a
guarantee or warranty of safety from erosion damage.
Individual
property owners concerned with erosion hazards are encouraged to
consult with local building officials and personnel of the Department
of Natural Resources to arrive at site design plans which may use a
greater setback to maximize protection from erosion damage.

ARTICLE XIV
General Provisions
SECTION 14.1 - Compliance with County Sanitary Code
Every structure or device hereinafter ere~ted or ~oved upon any
premises and used, designed or intended for human habitation shall
conform to the requirements of the Manistee-Mason County Sanitary
Code, as amended.
No land use permit shall be issued by the Zoning
Administrator, the Zoning Board of Appeals, or the Township Zoning
Board for such use until the Sanitary Code permit has been issued.
SECTION 14.2 - Essential Public Services
The erection, construction, alteration, or maintenance by public
utilities or municipal departments or commissions of overhead or
underground gas, electrical, or water distribution or transmission
systems, collection, communication, supply, disposal or sewer systems,
including mains, drains, sewers, wires cables, traffic signals,
hydrants,
towers,
poles,
electrical substations,
gas regulation
stations, and similar equipment and accessories in connection therewith reasonably necessary for furnishing adequate service by such
public utility or municipal department or commission or for the public
health or safety or general welfare, shall be permitted as authorized
or regulated by law or other ordinances of the Township, in any land
use district, it being the intention hereof to exempt such erection,
construction, alteration and maintenance from the application of this
-34-

�Ordinance; provided, that the erection or construction of any or all
new above-grade construction is designed and erected to conform
harmoniously with the general architecture and plan of such district
in which it is be located; and provi&lt;led, further, that no towers for
the transmission and/or receiving of micro-wave radiation shall be
erected in any residential district R-1, R-2, R-3 or R-4; and provided
further that any and all new construction above or below ground in the
Airport Overlay Zone District OZ-1 complies with the provisions of
that District OZ-1.
SECTION 14.3 - Advertising Signs
A.
Advertising signs, billboards, advertising displays, outdoor
displays and other advertising media may be permitted within a front
yard area in the Restricted Commercial CR-1, Commercial C-1, and
Multiple Use M-1, Land Use Districts, provided that they comply with
the following conditions:

B.

1.

The advertising sign or display complies with
statutes and regulations of the State of Michigan.

all

2.

The advertising sign or display shall not be more than
two hundred fifty (250) square feet in area and dimensions not greater than ten (10) feet in height and
twenty-five (25) feet in width. Such signs or displays
shall not be erected within five hundred (500) feet of
any dwelling existing at the time said sign or display
is erected or moved to such location, provided such
dwelling is used exclusively for residential purposes
and, provided further, should a dwelling be erected at
any time within the five hundred (500) feet limitation,
the permit shall be revoked and the owner of the sign,
or his authorized agent, shall be notified of the
revocation and such sign shall then be r _emoved within
ninety (90) days.

3.

The advertising sign or display, except directional
signs within one hundred (100) feet of intersections,
shall not be erected within three hundred (300) feet of
an existing sign or display.

4.

The advertising sign or display shall not be less than
fifty (50) feet from the highway right-of-way line
measured by a line perpendicular to the highway rightof-way line.

The provisions of Section 14.3A shall not apply to the
following signs which may be placed in any Land Use
District appropriate to the signs authorized herein, under
the regulations specified.
1.

Temporary sale, lease or rent signs, provided:
(a) No more than two (2) signs are displayed.
(b) Such signs are located on the lot or structure for
sale, lease or rent.
-35-

�(c)
(d)

Such sign does not contain an area of more than
ten (10) square feet.
Such sign is removed following the sale, renting
or leasing of the property.

2.

Temporary signs on residential premises, provided:
(a) Such temporary signs (non-illuminated) shall be
limited to the lease, hire, or sale of the building or premises, and provided further that such
signs shall be removed as soon as the premises are
leased, hired or sold.
(b) Such signs shall not exceed six (6) square feet in
area and shall not be located on the front half of
the required front yard as measured from the front
lot line or right-of-way.

3.

Bulletin boards of churches, schools, libraries, and
public buildings, provided:
(a) Such bulletin board is located on the premises
thereof.
(b) Such board is not located as to obstruct the view
of traffic from the sidewalks, driveways, roadways
and adjoining property.

4.

Roadside stands, agricultural displays and other sales
stands, provided:
(a) Such display is located on a farm and limited to
the sale of the products thereof.
(b) Such display or stand is temporary and will not be
located for more than six (6) consecutive months
of any one (1) year.
(c) Such displays or stand is located at least twentyfive (25) feet from the highway right-of-way line.
(d) A parking area is available for prospective
customers off the highway right-of-way· line.

5.

Advertising signs and displays of a commercial enterprise, business, industry or professional person, but
not inciuding home occupations, provided:
(a) Such sign is located on the premises or adjacent
premises rented or leased for such purpose.
(b) Such sign or display is limited to the products or
services of the enterprise.
(c) Such sign does not obstruct the view of traffic
from the sidewalks, roadway, driveways or exits
and adjoining property.
(d) The operation of such sign does not constitute a
nuisance to an adjacent residential district or
residential neighborhood, by reason of glare,
intermittent action, or other action.

6.

Signs which support or oppose a candidate for public
office or a ballot proposal, provided:

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The candidate for public office or ballot
proposal is included on the official ballot for
the next upcoming general or special election,
including primary elections.

(b)

Such signs do not obstruct the views of traffic
from the sidewalks, roadway, driveways or exits of
adjoining property.

(c)

c.

All of such signs are removed within thirty (30)
days of the election at which the candidate for
public office or ballot proposal is finally
determined.
Sign Approval:

Advertising signs, billboards, advertising display, outdoor
displays, and other advertising may be erected and maintained
within the Township by first obtaining a Land Use permit therefor
from the Zoning Administrator who shall, pursuant to Section
16.1, grant approval for any advertising media which conforms to
the provisions of this Section.
Such approval shall be for an
initial period of one (1) year and may be extended thereafter by
the Zoning Administrator upon the payment of an annual fee.
The
fee for the permit shall be set by resolution of the Township
Board.
Any state or federal regulations to the contrary shall
supercede any determination or rules of the Zoning Administrator
concerning signs , and any contrary provision of this Ordinance.
D.

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(a)

Sign Restrictions:

1. No advertising signs, billboards, advertising displays,
outdoor displays or other advertising media shall be placed or
illuminated in such a fashion as to create a traffic hazard or
reduce the effectiveness or visibility o_f highway . directional
signs or other signs or equipment erected or placed by the
Department of Transportation or the Manistee County Road Commission in furtherance of highway safety.
2. No advertising signs, billboards, advertising displays,
outdoor displays or other advertising media containing fifty (50)
square feet or more shall be stacked on top of or placed over or
under another such sign or display, whether or not such sign or
display is already in existence.
SECTION 14.4 - Height
No building or structure or part thereof shall be erected or
altered to a height exceeding two and one-half (2½) stories, or
thirty-five (35) feet, except that non-dwelling buildings or structures other than accessory buildings or structures, may be erected or
altered to a height not exceeding fifty (50) feet if approved by the
Zoning Board of Appeals, pursuant to its power to grant variances, or
the Township Zonin g Board in connection with
the issuance of a
special use permit pursuant to Section 16.2, provided that such

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�approval shall be granted only if the building or structure has
built-in fire fighting systems on its upper floors and has alternate
power and water delivery capabilities during a fire.
SECTION 14.5 - Temporary Dwellings
No person shall use or permit the use of any temporary dwelling
or trailer as defined in this Ordinance as a principal or seasonal
dwelling except after full compliance with Section 14 .1 Compliance
with County Sanitary Code, and further except:
A.

As a temporary dwelling quarters during the construction and
installation of any dwelling conforming to the provisions of
this Ordinance, when the following conditions are met:
1.
2.

3.

4.

The location of the temporary dwelling shall comply
with all setback requirements of this Ordinance.
The physical condition of the temporary dwelling shall
not deteriorate to the extent that its continued use
threatens the public health, safety or welfare.
The
temporary dewelling shall be deemed contrary to the
public health, safety or welfare if it fails to comply
at any time with any provision of the Manistee-Mason
District Sanitary Code or any applicable building or
fire code.
The use of the temporary dwelling shall be limited to
four (4) months, beginning with the issuance of a land
use permit in accordance with Section 16.1. The permit
may be renewed for not more than two (2) months upon
approval of the Zoning Administrator for good cause
shown.
"Good cause" shall be limited to reasonable
delays in the construction of the permanent dwelling
beyond the control of the owner such as unavailability
of materials, labor strikes, inc~ement weather or fire.
A county building permit shall be required for the
temporary dwelling prior to the installation and use of
the temporary dwelling.

B.

As part of a campground licensed and operated in accordance
with the rules and regulations of the Michigan Department of
Public Health.

C.

As temporary recreation on a non-commercial/no-rental basis
by tourists, campers and sportsmen on public land where such
activity is allowed by state or federal regulations or land
owned by the user and for a period not to exceed four (4)
weeks in a calendar year.

SECTION 14.6 - Mobile Homes
No person shall use, occupy or permit the use or occupancy of a
mobile home as a dwelling within any land use district within the

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�Township and not located in a licensed mobile home park,
hereinafter provided:
A.

It complies with the minimum square footage requirements of
this ordinance for the land use district in which it is
located.

B.

It has a minimum width across any front, side or rear
elevation of 12 feet.

c.

It is firmly attached to a permanent foundation constructed
on the site in accordance with the Michigan State Construction Code and shall have a wall in the same perimeter
dimensions of the dwelling and constructed of such materials
and type as required in the applicable building code for
single family dwellings.
In addition, it shall be installed
pursuant to the manufacturer's set up instructions and shall
be secured to the premises by an anchoring system or device
complying with the rules and regulations of the Michigan
Mobile Home Commission.

D.

Each mobile home shall be installed with the wheels removed
and shall not have any exposed towing mechanism, undercarriage or chassis.

E.

It shall be connected to a public sewer and water supply or
to such private facilities as are approved by the local
Health Department.

F.

The mobile home shall contain no additions or rooms or other
areas which are not constructed with similar quality workmanship as the original structure including permanent
attachment to the principal structure and construction of a
foundation as required herein.

G.

The mobile home shall comply in all respects with (1) the
Michigan State Construction Code as promulgated by the
Michigan State Construction Code Commission under the
provisions of . Act 230 of the Public Acts of 1972, as Amended, or (2) the "mobile home construction and safety standards" as promulgated by the United States Department of
Housing and Urban Development (HUD) under the provisions of
24 CFR 3280, and as from time to time such standards may be
amended.
Additionally, all mobile homes shall meet or
exceed all applicable roof snow load and strength requirements.
Compliance with the applicable codes shall be shown
prior to the issuance of a land use or special use permit by
a certificate or affidavit of inspection by a certified or
licensed building inspector in the case of the Michigan
State Construction Code or by a HUD seal affixed to the
mobile home in the case of the "mobile home construction and
safety standards".
If a mobile home is required by law to
comply with the aforementioned federal standards then such
standards shall apply.

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except as

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�H.

The foregoing standards shall not apply to a mobile home
located in a licensed mobile home park except to the extent
required by State or Federal Law or otherwise specifically
required in this ordinance pertaining to such parks.

I.

All construction required by this section shall be commenced
only after a building permit has been obtained in accordance
with the applicable construction code provisions and requirements.

SECTION 14.7 - Vehicular Parking Space, Access and Lighting

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A.
For each dwelling, commercial, industrial, manufacturing,
retail or service business or establishment hereafter erected or
altered and located on a public road in any land use district, including buildings and structures used principally as a place of public
assembly, there shall be provided and maintained suitable space off
the public right-of-way which is adequate for the parking or loading
of motor vehicles in the proportions shown as follows.
The parking
spaces called for hereunder shall be considered minimum requirements
under this Ordinance.
1.
Dwellings: Two (2) parking spaces for each family unit
occupying the premises or for which the dwelling was
designed.
2.
Motels, Hotels and Similar Establishments Offering
Lodging:
One (1) parking space for every three (3)
spaces of legal sleeping capacity.
3.
Hospitals, Rest Homes, Convalescent Homes and
Institutions -of a Similar Nature:
One (1) parking
space for each four (4) beds, plus one ( 1) space for
each doctor.
4.
Theaters, Churches, Auditoriums, Public and Private
Halls, Amusement and Recreation Establishments, and all
Places of Public Assembly:
One ._ (1) park_ing space for
each four (4) seats of legal capacity.
5.
Offices and Professional Buildings: One (1) parking
space for every two hundred (200) square feet of floor
area;
provided, however, that doctors' offices and
clinics · shall be provided with three (3) spaces for
each doctor.
6.
Restaurants and Other Public Food Service
Establishments:
One (1) parking space for each three
(3) seats of legal capacity.
7.
Retail Stores and Shops: One (1) parking space for
each one hundred (100) square feet of floor area.
8.
Personal Service Shops, including Barber or Beauty
Shops:
One (1) parking space for each two hundred
(200) square feet of floor area.
9.
Taverns: One (1) parking space for every sixty-six
(66) square feet of floor area.
B.
In addition to the above requirements, parking space in the
proportion of one (1) space for every two (2) persons employed at the
establishment shall be provided.
Where no specific requirement is

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�designated for other business, parking space which is adequate according to the above standards shall be provided for employees and patrons.
C.
A parking space shall be a minimum area of 10 feet by 20
feet, with center and cross aisles being a minimum of 20 feet wide.
D.
All parking space required in this Section, except that
required for a dwelling, shall be provided with adequate artificial
lighting between the time from one-half ( D hour after sunset, to
one-half (¼) hour before sunrise, when the non-dwelling establishment
is open to the public.
E.
Approval for location of all exits and entrances shall be
obtained from the State Highway Department for all state trunkline
highways and from the County Road Commission for all other roads,
streets or highways in the Township. Such approval shall also include
the design and construction thereof in the interests of safety,
adequate drainage and other public requirements.
SECTION 14.8 - Waste Accumulation and Outside Storage

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It shall be unlawful for any person to accumulate rubbish or
waste materials of any kind on any land in Manistee Township except in
a permitted junk yard or licensed sanitary landfill. No sewage, waste
water or water containing foreign substances shall be deposited or
drained into any open ditch, creek, stream, lake, pond, or other body
of water unless the same has first been approved by state and county
heal th authorities.
The provisions of this Section shall not be
deemed to prohibit the temporary storing or spreading of manure,
fertilizers, or other soil conditioners as part of a permitted farm,
forestry or home garden or lawn operations.
SECTION 14.9 - Access to Public Roads
In all land use districts every use, building or structure
established after the effective date of this Ordinance shall be on a
parcel which adjoins a public or private easement for access to a
public road, such public road right-of-way or public or private
easement to be at least sixty-six (66) feet in width unless a lesser
width was duly established of record prior to the effective date of
this Ordinance.
SECTION 14.10 - Private Roads

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Every private road which provides or may provide access to and
from a public road for two (2) or more dwelling units or principal
buildings shall meet the following conditions:
A.
Be constructed in a good and workmanlike manner upon and
parallel to the centerline of an easement which is duly established of
record and which is not less than sixty-six (66) feet in width.

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�B.
Be constructed so as to sufficiently control storm water
runoff and permit effective storm water drainage by such means as cwo
foot deep ditches constructed parallel to and on either sid~ uf the
road, by sloping the sides of the road from the center thereof, or by
other effective methods.
C.
Have a sand and gravel base of not less that eighteen ( 18)
inches in depth of which not less that the top six (6) inches in depth
shall be only process road gravel.
D.

Have a road bed not less than twenty (20) feet wide.

E.
Be constructed over adequate culverts where necessary
ensure the continuance of existing storm or water flow courses.
F.
Other standards as may be adopted by
Road Commission.

to

the Manistee County

SECTION 14.11 - Traffic Visibility at Corners
On parcels of land that border two or more intersecting roads or
streets no vehicle shall be parked, and no fence, hedge, planting of
shrubs or any similar structures over thirty (30) inches in height
above the elevation of the nearest road surface, shall be located,
erected or maintained, within a distance of forty (40) feet from the
point of intersection of the front lot line and the side lot line
adjacent to the intersecting roads or streets.
SECTION 14.12 - Bulk Regulations
A.

The maintenance of setback, floor area, yard, greenbelt, and
parcel area requirements for one (1) use, parcel, building
or structure shall be a continuing obligation of the owner
of such building or structure or of the parcel on which such
use, building or structure is locateu.
No setback, floor
area, yard, greenbelt or parcel area allocated to or
required about or in connection with one parcel, use,
building or structure may be allocated to any other parcel,
use, building .or structure.

B.

The setback and yard requirements established by this
Ordinance shall apply uniformly in each land use district to
every parcel, building or structure except that any of the
following may be located anywhere on any parcel except as
otherwise expressly prohibited by this Ordinance:
erosion
control devices, trees, plants, shrubs, hedges and fences,
subject to the requirements of Section 4.SOC.

C.

No more than one (1) principal building with accessory
buildings and structures shall be erected on any lot or
parcel of land unless such parcel of land is held in single
ownership and is used for multiple family dwellings, mobile
home parks, or for agricultural, commercial, or manufacturing purposes.

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�SECTION 14.13 - Location of Accessory Buildings and Structures
All accessory buildings and structures shall be in the side yard
or rear yard, except when built as part of the main building and
except in land use districts where land abuts a body of water, in
which case accessory structures and buildings necessary for the
enjoyment of the water, such as boathouses, docks, and erosion control
dt:!vices, may be placed in the waterfront yard and within the waterfront setback line. An accessory building attached to the principal
building shall be made structurally a part thereof, and shall comply
in all respects with the requirements applicable to the principal
building.
An accessory building and s true ture, unless at cached and
made a part of the principal building, shall not be closer than ten
(10) feet to the principal building, and shall meet all setback
requirements of the land use district in which it is to be erected,
moved, altered or used unless otherwise expressly provided in this
Ordinance.
SECTION 14.14 - Other General Provisions
No parcel, building or structure in any land use district shall
be used or occupied in any manner which creates any dangerous, injurious, noxious or otherwise objectionable element or condition and which
adversely affects the surrounding area or adjoining parcels provided
that any use permitted by this Ordinance may be undertaken and maintained if acceptable measures and safeguards are employed to limit
dangerous and objectionable elements to acceptable limits as established by the following performance requirements:
A.
Any activity involving the use or storage of flammable or
explosive materials shall be protected by adequate fire-fighting and
fire suppression equipment and by such safety devices as are normally
used in the handling of any such material. Such hazards shall be kept
removed from adjacent activities by a distance._ which i _s _compatible
with the potential danger involved or as required by _applicable
provisions of the State Construction Code and rules promulgated
thereunder and/or the State Fire Marshal.
B.
No activity shall emit dangerous radioactivity at any point,
or electrical disturbances adversely affecting the operation of any
equipment at any point other than that of the creator of such disturbance.
C.
No vibration shall be permitted which is discernible without
instruments on any adjoining lot or parcel.
D.
No malodorous gas or matter shall be permitted which is
offensive or which produces a public nuisance or hazard on any adjoining lot or parcel.
E.
No pollution of air by fly-ash, dust, vapors, or other
substances shall be permitted in excess of applicable state or federal
air pollution statutes or regulations promulgated by rule thereunder.

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F.
No direct or reflected glare shall be permitted which is
visible from any neighboring parcel or from any public street, road or
highway.
G.
Pollution of water shall be subject to such requirements and
regulations established by state, county or federal water pollution
statutes or regulations promulgated by rule thereunder.
H.
Audible noise shall be subject to such requirements and
regulations as are established by the Manistee County Noise Ordinance,
as amended.

SECTION 14.15 - Additional Residential District Regulations
A.
Scope The regulations set forth in this section shall apply
to all residential districts (R-1, R-2, R-3, R-4) unless otherwise
stated or unless they are clearly inapplicable in the context.
B. Driveways: All buildings and structures shall provide access
to an adjoining highway, street or road by means of a driveway not
less than sixteen (16) feet in width and unobstructed by bordering
trees or other natural growth.
C.
Fences:
Fences not exceeding six (6) feet in height may be
constructed on any portion of a parcel except that portion of a front
yard between the actual front line of the main dwelling unit and the
front lot line of the lot.
For any fence in excess of six (6) feet,
the side yard setback requirements shall apply. Fences located in the
front yard portion of a lot shall be limited to a height of four (4)
feet and be of a decorative type.
D. Satellite Receiving Dishes and Antennas:
1.
No satellite receiving dishes or television or radio
antennas shall be located in a front yard.
2.
All satellite receiving dishes and television or radio
antennas larger than 24" in diameter at the widest point or television
or radio antennas more than 10 feet in height _shall be permanently
affixed to the ground by means of a suitable concrete foundation and
capable of withstanding sustained winds of not less than forty (40)
miles per hour.
In the event the United States, the State of Michigan
or other governmental agency having jurisdiction thereof shall adopt
regulations relating to the means by which satellite receiving dishes
and television and radio antennas are to be affixed to the ground
which are more stringent than those set forth herein, then those regulations shall apply.
3.
In determining the height of a television or radio
antenna, the tower or other supporting structure shall be included in
the measurement.

ARTICLE XV
Non-Conforming Uses, Buildings and Structures
SECTION 15.1 - Continuance
The lawful use of any parcel of land, bu i lding or structure
existing at the time of the enactment of this Ordinance or, in the

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�case of an Amendment of this Ordinance, then at the time of such
Amendment, although it does not conform with the provisions thereof,
may be continued as hereinafter provided.
SECTION 15.2 - Involuntary Destruction

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A.
No building or structure damaged by fire or other causes to
the extent of more than seventy-five (75%) percent of its appraised
value shall be repaired or rebuilt except in conformity with the
provision of this Ordinance. Such reconstruction, repair or restoration shall be diligently pursued and, in all cases, commenced within
one (1) year following the damage. Resumption of use shall take place
within ninety (90) days of completion of such reconstruction, repair
or restoration.
"Appraised value" shall mean the value established
pursuant to Section 15.4B.
B.
In the event of an involuntary destruction of any structure
located within the Township in excess of the percentage amount stated
in this Section, the property owner shall within thirty days remove
all rubble, debris or portions of that structure which shall constitute a hazard to the public health, safety or welfare as determined by
the Zoning Administrator.
In the event any open basement or excavation shall exist following an involuntary destruction, the owner
shall within thirty (30) days fill in such open basement or excavation
unless reconstruction is commenced in the thirty (30) day period
following the involuntary destruction.
SECTION 15.3 - Discontinuance

Any non-conforming use, building or structure which has not
been occupied or which has not been used for such non-conforming
purposes for a period of one (1) year or more shall not thereafter be
used or occupied unless it conforms to the provisions .of this Ordinance.
SECTION 15.4 - Extension
A.
A non-conforming building or structure may not be extended,
reconstructed or structurally altered during its life to an extent in
aggregate cost of more than fifty (50%) percent of its appraised
value, unless the building or structure conforms to the provisions of
this Ordinance.

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B.
As used in this Article, "appraised value" shall be determined as of the time of the first extension, reconstruction or
structural alteration.
"Appraised value" shall be determined to be
two time (2X) the state equalized value of the non-conforming building
or structure exclusive of land value as determined by reference to the
latest ad valorem property tax bill or Township tax appraisal records.
C. Nothing contained in this Section 15.4 shall be construed as
prohibiting the construction of a detached accessory building or
structure which is accessory to a non-conforming single-family

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�dwelling provided the detached accessory building or structure meets
all requirements of this Section 15.4 and this Ordinance.
D.
No non-conforming use shall be extended lakeward of the
setback requirements established in the High Risk Erosion Overlay
Zone, District OZ-2.
SECTION 15.5 - Substitution
A.
For the purpose of this Section, the permitted uses in the
Land Use Districts R-1 through C-1 shall be considered in the ascending order set forth in Section 3.1 as higher uses with District R-1
containing the highest uses and District C-1 containing the least
highest uses.
B.
With the approval of the Zoning Administrator, a nonconforming use, building or structure may be replaced by or substituted with a higher use, even though such replacement or substitution
does not change the non-conforming status of such use, building or
structure in the land use district in which it is located.
SECTION 15.6 - Condemnation
Nothing contained in this Article shall be construed as preventing Manistee Township from exercising its powers of eminent domain or
condemnation, granted by Act 184 of the Public Acts of 1943, as
amended, or other applicable laws, with respect to non-conforming
uses, buildings, and structures.

ARTICLE XVI
Permits
SECTION 16.l - Land Use Permits
A.
No land shall be occupied or used and no building or structure shall hereafter b~ erected, altered or relocated under the provisions of this Section until a permit authorizing the same shall be
issued by the Zoning Administrator.
B.
The Zoning Administrator shall require in all cases that
plans, specifications and drawings showing the location, design and
size of the proposed land use and the buildings and structures to be
located thereon shall be filed with the Application for permit. The
Zoning Administrator may also require the following information and
such other information as he deems necessary to act on the application
for permit:
1.

2.

The legal seating and/or sleeping capacity of all
buildings and structures, if applicable.
A concise statement of all operations and uses which
will be conducted on the land and buildings.

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�3.
4.

A concise statement of the services, if any, to be offered to the public, if applicable.
Any other information required by this Ordinance.

C.
No permit shall be issued under this Section for any use
which fails to conform to any relevant provision of Article XIV or
which fails to conform to any minimum . requirement established for the
land use district in which the proposed use is to be located, or which
fails to conform to any standard set forth in the definition of tr.e
proposed use, as defined in this Ordinance.
D.
No new use shall be established or excavation or construction begun before such permit is issued, and a copy posted in a
prominent position on the building site.
E.
No permit or fee is needed under this Section for the
following activities provided the same comply in all other respects
with the terms and conditions of this Ordinance:
1.
Exterior or interior repair and improvement which does
not structurally alter the premises or change the
exterior shape or form of any building in any manner.
2.
Relocation or replacement of machinery or equipment
within a building located in the Commercial, Restricted
Commercial or Industrial Districts C-1, CR-1, and 1-1,
conforming to the provisions of this Ordinance and used
for commercial or industrial purposes, nor for any
modification to such building in connection with said
relocation or replacement, unless said modification
structurally alters the premises or changes the exterior shape or form in any manner.
3.
Household pet shelters, such as dog houses.
4.
Treehouses, dollhouses, forts and other structures used
by children for play.
5.
Agricultural uses, except buildings or structures.
6.
Timber harvesting.
·
7.
Hedges, lawns, gardens, trees, plants, and shrubs.

F.
A permit issued under this Section is void if the use is not
commenced within one (1) year. A renewal may be granted by the Zoning
Administrator after a restudy of the permit at no cost to the applicant.
G.
A violation of any condition or specification in a permit
issued under this Section shall void the permit.
H.
Any improper or incorrect information contained in the
application for permit issued under this Section shall void the permit
ab initio and until properly corrected upon the permit application;
provided that, as corrected, the applicant continues to meet all
requirements for a permit.

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I.
A non-refundable fee shall accompany each application for a
permit under this Section. The fee shall be as established from time
to time by the Manistee Township Board.
SECTION 16.2 - Special Use Permits
A.

Introduction:

No land shall be occupied or used and no building or structure
shall hereafter be erected, altered or relocated under the provisions
of this Section until a permit authorizing the same shall be issued by
the Township Zoning Board following an application for review and
approval pursuant to the requirements of this Section.
B.

Application:

(1) An application for the occupation or use of lands or for the
erection, alteration or relocation of any building or structure shall
be made in writing to the Township Zoning Administrator and, in
addition to the fee to accompany the site plan, shall be accompanied
by the payment of a non-refundable fee set by the Township Board to
cover the cost of processing the.application.
(2)
No application for a special use permit shall be submitted
to the Township Zoning Board for review and approval until a site plan
therefore has been reviewed for completeness and accuracy by the
Township Zoning Administrator. To accomplish this purpose, the Zoning
Administrator may request assistance from other governmental agencies
or any educational institution.
C.

Authority to Grant Permits:

(1)
The Township Zoning Board may deny, approve or approve with
conditions the request for special land use approval. ~ny conditions
imposed shall be in accordance with the requirements of the Township
Rural Zoning Act, Act 184 of the Public Acts of 1943, as amended.
(2)
In the case of a special use permit for mining on a regular
basis, the permit shali be for an initial term of not more than five
years and the applicant shall commence significant development of
mining operations within two years of the date of issuance of the permit.
In the case of a special use permit for mining on a temporary
basis, the permit shall be for an initial term of not more than six
months and, subject to the requirements of Section 16.2F, the Zoning
Board may extend the effectiveness of a temporary permit for an additional six month period upon request of the applicant.
(3)
Upon disapproval of the application, the Zoning Board shall
notify the applicant in writing stating the reasons for disapproval as
well as the necessary action, if any, that the applicant may take to
complete the application in an acceptable form.
No application which
has been denied, in whole or in part, may be resubmitted for six
months from the date of denial, except for new evidence, change of
conditions, or other such reason as the Zoning Board may accept.

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D.

Site Plans:
1.
The
clude:
(a)

(b)
(c)
(d)
(e)

(f)
(g)

(h)

(i)

(j)

(k)

(1)

site

plan required under

this

Section

shall

in-

Plans, specifications and drawings showing the
location, design and size of the proposed land use
and the buildings and structures to be located
thereon; all abutting roads and streets; and the
location of all existing structures.
The legal seating and/or sleeping capacity of all
buildings and structures.
A concise statement of all operations and uses
which will be conducted on the land and buildings.
A concise statement of all services, if any, to be
offered to the public.
Information concerning the intensity of use,
including hours and times of operation and use,
and the density of population which will occupy
and use the premises.
Information concerning the generation of traffic
and traffic movements.
Information concerning the requirements of the
special land use for public services and utilities, including the number of sewer hook-ups,
generation and disposal of solid and liquid waste,
and the amount of fresh water to be consumed.
The amount of soil, dirt, sand or gravel to be
excavated and removed from the site, or the amount
and composition of all fill to be placed on the
site.
The applicant's name and address in full and the
principal offices and resident agent of the
business if other than a so._le proprietor; a statement that the applicant is the owner of the land
involved in the application or is acting on the
owner's behalf; and the address and legal description of the land involved in the application.
The names and addresses of all owners of property
which is assessed within 300 feet of the boundary
of the property involved in the application, and
the names of all occupants of all structures
within 300 feet of the boundary of the property
involved in the application.
Information showing all set-back distances for
proposed structures from the front, side and rear
lot lines, rivers, lakes, streams, or other bodies
of water.
For special uses in the Ag-Forest Preservation
District AP-1 and Multiple Use District M-1:
(1) Location of past and present mining and land
areas held for future extraction by operators.

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(2)

(m)

The presence, location, extent and quality of
potentially valuable mineral deposits both
known and inferred.
For a special use permit for mining on a regular
basis, the following additional information:
(1) A map and/or aerial photograph of the property which shall indicate:
(a) Boundaries of the affected and adjacent
lands;
(b) Surface drainage of the affected land;
(c) Location and names of all streams,
roads, railroads, utility lines, and
pipelines on or immediately adjacent to
the area;
(d) Location of all structures within one
thousand feet of the outer perimeter of
the area, present owners and occupants
of such structures, and purposes for
which each structure is used;
(e) Proposed location, aerial extent, and
depth of intended mine excavation;
(f) Proposed location of the mine, waste
dumps, tailing ponds, sediment basins,
stockpiles, structures, roads, railroad
lines, utilities or other permanent or
temporary facilities used in mining.
(g) Estimated depth to groundwater.
(2) A description of the mining and processing
equipment to be used;
(3) A description of measures to be taken to
control noise and vibrations from the operation;
(4) A description of measures to be taken to
screen the operation f~om view; _ .
(5) Proposed primary travel routes to be used to
transport the mined material to processing
plants or markets away from the property;
(6) A description of the plans
for
topsoil
storage;
(7) A reclamation plan which shall include:
(a) A map or plan and description of the
proposed reclamation including grading,
final slope angles, highwall reduction,
benching and terracing of slopes, slope
reduction, benching and terracing of
slopes, slope stabilization and revegetation where applicable, and erosion
control, and alternative future land
uses;
(b) Description of topsoil stripping and
conservation during storage and replacement;

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,-,
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(c)

(d)

(e)

(f)

(g)

Plan and description of
anticipated
final topography, water impoundments,
and artificial lakes on the property;
Description of plans for disposition of
surface structures, roads, and related
facilities after cessation of mining;
A plan for disposal or treatment of any
harmful or toxic materials found in any
formations penetrated by the mining
operation or produced during the p ocessing of minerals on the affected
land, and of chemicals or materials used
during the mining or processing operations;
The estimated cost of completing the
Reclamation Plan within one (1) year of
cessation of mining operations based on
the anticipated costs for the year in
which the reclamation would take place.
A statement of the proposed form of the
performance guarantee, equal to two (2)
times the estimated cost of the Reclamation Plan, which may be required by the
Zoning Board.

(8)

(n)

(o)

A statement in writing and adequate evidence
to indicate the duration of the lease in
years;
(9) A timetable of the commencement, duration and
cessation of mining operations;
(10) Any and all mining permits held by the applicant within the state;
For a special use permit for ruining on a temporary
basis:
.
(1) As may be required by the Zoning Board, a map
and/or aerial photograph of the land with any
or all of the information as listed in
D(l) (m) (1)
of
this section,
relating to
requirements for maps and/ or aerial photographs for regular mining special use permits;
(2) As may be required by the Zoning Board, any
or all of the information listed in part
D(l)(m)(l) through (10) inclusive of this
section, relating to requirements for information for regular mining special use permits.
For a special use permit for a central production
facility, sweetening plant or bulk storage plant,
the following additional information:
(1) A map and/or aerial photograph of the property which shall indicate:
(a) Boundaries of the proposed project site
(b) Surface drainage of the project site

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(c)

'I
(2)

(3)

(4)
(5)

(6)

(7)

(8)

(9)

Location and names of all streams,
roads,
railroads,
utility lines and
pipelines or on immediately adjacent to
the project site
(d) Location of all buildings and structures
within two thousand six hundred forty
(2,640) feet of the boundary of the
project site
(e) estimated depth to groundwater
A description of the production, sweetening
or storage machinery and equipment to be
used.
A description of the measures to be taken to
control noise, vibrations, and odors from the
operations.
A description of measures to be taken to
screen the project from view.
Proposed
primary
travel
or
transmission
routes to be used to transport the raw
materials to the property and the processed
materials away from the property, including
the proposed location of all pipelines.
A description of the plans for
topsoil
storage if the project will disturb the
topsoil on the property.
A Pollution Incident Prevention Plan which
has been approved by the Michigan Department
of Natural Resources, the fire chief of the
Manistee Township Fire Department, and the
Manistee County Emergency Services Director
and which sets forth in reasonable detail,
the applicant's contingency plans in the
event of fire, plans for the evacuation of
surrounding areas and_ neighborhoods,
the
communication and warnings to be given in the
event of a fire or pollution incident and the
procedure to be followed for periodic updating of such plan in consultation with the
Manistee Township Fire Department and the
Manistee County Emergency Services Department.
In addition, such Plan shall include
all other information required by the Department of Natural Resources or other governmental agencies having jurisdiction over the
project.
A letter showing (a) approval, (b) tentative
approval or (c) an understanding for concurrent approval of the project by the Department of Natural Resources,
the Manistee
County Soil Erosion and Sedimentation Control
Department and any other governmental agency
whose approval is required.
A statement of any changes or modifications
in the project required for approval by any

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governmental
agency
whose
approval
is
required.
(10) A reclamation plan which shall include:
(a) A statement of the maximum life
expectancy of the project and all plant
and
equipment
associated
with
the
project.
(b) Plans for the disassembly, removal, or
other disposition of all plant and
equipment, including pipeline, at the
project
site
at
the
expiration of
operations.
(c) Plans for the replacement of topsoil and
restoration of
the property
to its
original grade and contours.
(d) Plans for the restoration of all access
roads to original condition unless at
the time of reclamation an agreement is
reached among the Township Zoning Board,
the owner/operator of the project and
the affected landowner(s) for some other
disposition.
(e) Plans for the identification, disposal
or treatment of all harmful or toxic
materials found on the property, including any contaminated topsoil.
(f) The estimated cost of completing the
Reclamation Plan within on~ (1) year of
cessation of operations on the property
based on anticipated costs for the year
in which the reclamation would take
place.
(g) A statement of the proposed form of the
performance guarantee, equal to two (2)
times the estimated cost of the Reclamation Plan, which may be required by the
Zoning Board.

2.

3.
4.

The Township Zoning Board as a condition to granting a
special use permit under this Section, may require the
applicant to submit such additional or further information and material, including but not limited to an
environmental assessment study, environmental impact
statement, reclamation plan and/or a fiscal impact
statement as it deems necessary to make an informed
decision on the request for special land use approval.
The site plan, as approved by the Zoning Administrator
and any supplementation required by the Township Zoning
Board under the provisions of this paragraph shall
become a part of the record of approval.
The site plan shall be in writing and accompanied by a
non-refundable fee established by the Manistee Township
Board to cover the cost of processing.
The Zoning Board may vote to waive or modify any

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�5.

requirements for information requested under the terms
of this section.
Unless the Zoning Board votes to waive or modify any
requirements of this section, the application shall not
be accepted or deemed to be accepted unless all the
information required by this section is supplied by the
applicant.
In the case of an incomplete application,
the review and decision on the application shall not
commence and no special use permit shall be issued.

E.
Transmittal to Township Zoning Board:
Upon completion of review of the site plan by the Zoning Administrator, the Zoning Administrator shall transmit the same to the Township Zoning Board:
F. Notice and Hearing:
Within thirty (30) days of receipt of the approved site plan from
the Township Zoning Administrator, the Township Zoning Board shall
give the public notice required by the Township Rural Zoning Act, Act
184 of the Public Acts of 1943, as amended, and thereafter, shall hold
a public hearing in accordance with the Township Rural Zoning Act, Act
184 of the Public Acts of 1943, as amended. The date set for review
of the application for a special land use permit may be either the
date of a regular meeting of the Township Zoning Board or a special
meeting called for the purpose of reviewing the request. The public
hearing may be recessed for a reasonable period of time, as determined
by the Zoning Board if it feels that additional information or study
is needed.
G.
Required Standards:
No permit for a special land use shall be issued for any use,
building or structure which:
1.
fails to conform to any applicable provisions of
Article XIV; or
2.
fails to conform to any minimi:im requirements established for the land use district in which the proposed
special land use is to be located; or
3.
fails to conform to any standard set forth in the
definition of the proposed special land use, as defined
in this Ordinance.
4.
Fails to conform to any standard or requirement of an
applicable overlay zone, Districts OZ-1 and OZ-2.
H.
Required Findings:
The Township Zoning Board shall review the particular facts and
circumstances of each proposed special land use and shall find and
record adequate data, information and evidence, showing that such
proposed use:
will be consistent with and promote the intent and pur1.
pose of this ordinance;
will be designed, constructed, operated, maintained and
2.
managed so as to be compatible with adjacent uses of
land and harmonious and appropriate in appearance with

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�3.

4.

5.
6.

7.

the existing or intended character of the general
vicinity;
will be served adequately by essential public facilities and services such as highways, streets, police
and fire protection, drainage structures, and solid and
liquid waste disposal methods;
will not disrupt the orderly and proper development of
the district as a whole or be in conflict with or
discourage the principle permitted uses of adjacent or
neighboring lands or buildings;
will not unnecessarily diminish land used to meet the
needs of the State's citizens for food, fiber, energy
and use of other natural resources;
will not be more objectionable to nearby properties by
reason of traffic, noise, vibrations, dust, fumes,
smoke, glare, flashing lights or disposal of waste,
than the operation of any principle permitted use.
In the case of a special use permit for mining, whether
on a regular or temporary basis, will result in no very
serious consequences, which may be shown by meeting or
exceeding the standards and requirements listed below,
in addition to the required findings listed above:
(a) That the establishment, maintenance, or
operation of the special use will not
substantially affect the existing use of
adjacent property,
and will not have a
substantially adverse effect on the long-term
future use of the adjacent property;
(b) That the special use shall conform to all
governmental regulations pertaining to the
activity itself;
(c) That the mining operation shall conform to
applicable air and water quality standards;
(d) That the noise, vibration, and dust levels at
the property lines shatl be within the levels
determined by the Zoning Board;
(e) That an undeveloped buffer zone• commencing
not less than 20 feet from the property line
of the mining site or such other distance as
the Zoning Board finds necessary for the protection and safety of adjacent property from
mining, with a stable angle of slope repose
shall be provided along property lines;
(f) Where deemed practicable and necessary by the
Zoning Board• an earth bank or vegetative
screen is erected and/or maintained to screen
the mining operation from view from any
residential district located within one-half
mile of the operation;
(g) Where deemed necessary by the Zoning Board•
the mining operation is enclosed by at least
a single-strand barbed-wire fence, maintained
at all times• with warning signs spaced no

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�more than 200 feet apart to indicate the
presence of a mining area.
(h) That an application shall not be of a speculative nature, nor shall the mining cause
harm to adjacent property;
8.
In the case of a special use permit for a central
production facility,
sweetening plant or bulk storage
facility, the following findings shall be made in addition
to the required findings listed above.
(a) That the central production facility or bulk
storage facility will not be located less
than 600 feet from an existing dwelling,
commercial or ind us trial use, wetlands, or
surface water and a sweetening plant will not
be located less than 1300 feet from any such
uses, wetlands or surface water.
(b) That the proposed project will not be located
less than 2640 feet
from any developed
residential subdivision, multi-family dwelling, mobile home park or other land use with
a dense population.
(c) That upon completion of the project the
density of all central production facilities,
sweetening plants and bulk storage facilities
will not exceed one per square mile section
of land.
(d) The project will not be located within two
miles of another central production facility,
sweetening plant or bulk storage plant and
shall be designed to service all oil and gas
wells that are expected to need such services
over the maximum life expectancy of the
project within a two mile radius of the
proposed project site.
1£ upon a showing by
the applicant that:
(i)
an existing central production
facility, sweetening plant or bulk
storage facility within the same
section of land or within a two mile
radius is being operated at capacity
and cannot be feasibly expanded, or
(ii)
the existing facility cannot be
expanded or modified to accept oil or
gas from the applicant's well, or
(iii) the owners of the existing facility,
after reasonable offers and
negotiations of terms, refuse to share
their facility to service the
applicant's oil or gas wells,
the Zoning Board may waive the
density requirements of this
subsection.
(e) The project, in the case of a central production facility, or bulk storage facility, will

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�(f)

(g)

(h)

(i)

(j)

(k)

(1)

(m)

be located on a parcel not less than for (4)
acres in si~e, and in the case of a sweetening plant, will be located on a parcel not
less than ten (10) acres in size; provided,
however, that in all cases,
the minimum
parcel size shall not be less than the
minimum parcel size established for the Land
Use District in which the project is proposed
to be located.
In the case of a central production facility
or sweetening plant, all buildings, plant,
equipment and machinery will be screened from
view from all nearby roads, dwellings and
commercial uses by vegetation or berm, or a
combination of both, placed near or at the
perimeter boundary of the property.
In the case of a bulk storage facility, all
tanks or other storage facilities, pumps and
other equipment are completely enclosed in a
berm.
All lights or other illumination devices will
be shaded and/or screened by the vegetation,
berm and/or by apparatus such that direct
glare is not visible beyond the boundary of
the property.
The project will be made secure to prevent
pedestrians or other unauthorized persons
from gaining access to the property.
All emissions or effluent from the project
will meet or exceed all applicable state and
federal air pollution, surface and groundwater quality standards and all solid or
liquid will be transported by a Michigan
licensed waste hauler _to licensed Type I or
Type II landfill or other approved disposal
site.
Odors from the project will not be detectable
by normal human senses under normal operating
conditions at a distance of 600 feet in the
case of a central production facility or bulk
sales facility and at a distance of 1300 feet
in the case of a sweetening plant.
Noise and vibration levels will not exceed
100 decibels at a distance of 600 feet in the
case of a central production facility or bulk
storage facility and at a distance of 1300
feet in the case of a sweetening plant.
The applicant's reclamation plan will be
completed within one (1) year of the cessation of operations of the project.

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�I.

Other Informational Considerations:

The Township Zoning Board, in reviewing an application for special use permit, may consider:
1.

2.
3.

the present use of the land involved in the application;
the number and location of similar uses in the land use
district in which the proposed special use will be
located; and
the comments received following the public notice and
hearing;

provided, however, that such information shall be considered only as
it may affect the standards and findings required in the previous two
subsections and shall not, alone, be sufficient grounds for the denial
of a special use permit.

J.

Voiding of Permits:

Any improper or incorrect information contained in the application for a special use permit or the site plan submitted in connection
therewith shall render the special use permit void ab initio and
thereafter the violation of any condition or standard imposed by the
Township Zoning Board in the issuance of a special use permit or by
this Ordinance shall immediately void the special use permit.
A
special use permit is also void if the use is not commenced or construction is not begun within one (1) year of the date of issuance.
K.

Performance Guarantees:

(1)
In granting a special use permit, the Township Zoning Board
may require that a cash deposit, certified check, irrevocable
bank letter of credit, or surety bond acceptable to. the Township
Zoning Board and covering the estimated cost of improvements
associated with a special use project and/or the estimated cost
of reclamation of all areas disturbed by mineral extraction
operations, central production facilities, sweetening plant or
bulk storage facilities be furnished by the applicant to ensure
compliance with an approved site plan and the special use requirements. Such bond shall be deposited with the Township Clerk
at or before the time of the issuance of the special use permit.

(2)
In fixing the amount of such bond for special use permits,
other than for a special use permit which requires completion of
a reclamation plan, the Township Zoning Board shall limit it to
reasonable improvements required to meet the standards of this
Ordinance and to protect the natural resources or the health,
safety and welfare of the residents of the Township and future
users or inhabitants of the proposed project or project area
including, but not limited to, roadways, lighting, public utilities, sidewalks, screening, waste disposal, and drainage.
The
term "improvements" does not include the entire project, nor
improvements for which a performance guarantee has been deposited
pursuant to Act 288 of the Public Acts of 1967, as amended.
In
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fixing the amount of such bond for a special use permit which
requires completion of a reclamation plan, an additional amount
shall be added to such bond or a separate bond may be posted
which shall be not less than one (1) time and not more than two
(2) times the estimated cost of completing the reclamation plan
within one (1) year, less that amount deposited for reclamation
purposes with other governmental agencies, if any.
(3) The Township Zoning Board and the applicant shall establish
an agreeable procedure for the rebate of any bonds required under
this section, in reasonable proportion to the ratio of the work
completed on the required improvements as work progresses.
Said
agreement shall be written as an element of the conditions of
approval of the special use permit.
(4)
In the case of a special use for m1.n1.ng on a regular or
temporary basis, a central production facility, sweetening plant,
bulk storage facility or other special use which requires completion of a reclamation plan:
(a) Any owner/operator who obtains a permit from the Zoning
Board for t"7o or more project sites within Manistee
Township may elect, at the time the second or any
subsequent site is approved, to post a single bond in
lieu of separate bonds on each site.
Any single bond
so posted shall include the total amount previously
posted for completing the reclamation plan for all
sites the owner/operator has under each of his permits
issued in Manistee Township.
When an owner/operator
elects to post a single bond in lieu of separate bonds
previously posted on individual sites, the separate
bonds shall not be released until the new bond has been
accepted by the Zoning Board.
(b) At the termination of each bonding period, the Zoning
Board shall review the bond amount,compliance with the
permit and/or reclamation progress and shall either
maintain the existing bond, return all or a portion of
the existing bond, or request the owner/operator to
increase the amount of the bond.
(c) The owner/operator may file with the Zoning Board a
request for release of bond at such time as the owner/operator feels that all reclamation has been satisfactorily completed or is in progress in accordance
"7ith the approved reclamation plan on any or all of the
affected lands. Such request for release of bond shall
include the name and address of the owner/operator, the
permit number, a legal description of the area, and a
final reclamation report on the area for which the
release of bond is requested.
The final reclamation
report shall contain the following information.
(1) Name and address of the owner/operator, permit
number, and legal description of the land;
(2) A map and/or aerial photograph on which the
operator shall indicate the final contours, slope
angles of
the
affected
land,
surface water

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(5)

drainage and ponds, and the locations of any
remaining structures and roads;
(3) A description of reclamation activities leading to
completion of the approved reclamation requirements including:
topsoil disposition and thickness, revegetation practices, disposition of waste
dumps, tailing ponds, or other harmful or toxic
materials found on the property, disposition of
all plant equipment and pipeline and other surface
structures, haulage and access roads, sediment
control practices, and maximum depth of artificial
lakes or ponds;
(4) Owner/operators of all underground mineral extraction operations shall also submit a complete
plan of all entries, workings, and levels as well
as a description of the sloping and ground support
methods at the cessation of operations;
(5) For underground mining operations, a description
of the stability of lands overlaying the underground workings and a description of methods to be
used for sealing all shafts, adits, inclines, and
other mine entries;
(6) Such other pertinent information and maps as may
be required to evaluate the completion of reclamation and the advisability of returning the owner/operator's bond.
Final release of the bond shall not occur until the
operator files a final reclamation plan under the terms
of this ordinance.
Upon receipt of a request for release of the bond, the
Zoning Board shall:
(a) Inspect the designated lands;
(b) Publish, in accordance with Section 16.2F notice that
the release of bond application is pending and specify
a 30-day period for filing of complaint·s with the
Zoning Board against the release of bond.
(c) Publish, in accordance with Section 16. 2F notice of a
public hearing at such time and place as the Zoning
Board de.termines to consider the request for release of
bond and make a determination on the validity of complaints.
The notice required in (b) of this subsection and this sub-section may be published at the
same time, but in all cases the public hearing shall be
held at least 30 days after the first notice required
in (b) of this sub-section;
(d) In the case of a special use permit for mining, central
production facility, sweetening plant, bulk storage
facilities, or other special use which requires completion of a reclamation plan if the reclamation is
found to be satisfactory and all valid complaints have
been satisfied, the Zoning Board shall release the
appropriate amount of bond JO days after the public
hearing.
If the reclamation is found to be unsatisfactory, so notify the owner/ operator by registered

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(6)

mail setting forth the reasons for denial of release of
bond and the corrective action necessary for release of
bond.
(e) In the case of special use permits other than those
listed in subsection (d) above, if the Zoning Board
finds that the applicant has faithfully performed its
agreement established under 16. 2K(J) above, it shall
release the appropriate amount of bond 30 days after
the public hearing, otherwise it shall so notify the
applicant by registered mail setting forth the reasons
for denial of release of bond and the corrective action
needed to be taken.
Nothing in this section shall be construed to infringe upon
the Zoning Board's authority to take appropriate action on
bonds, including forfeiture of all or part of the bond for
cause. Forfeiture shall not be approved by the Zoning Board
unless there has been publication of notice and a public
hearing held consistent with the terms of this ordinance.

L.

Change, Renewals and Transfer of Special Use Permits:
The holder of a special use permit may at any time apply to
the Zoning Board for amendment, cancellation, renewal,
transfer, or change in the special use permit including a
reclamation plan, provided that this section shall not
include an expansion of a mining operation, central production facility, sweetening plant, or bulk storage facility, a
removal of mined lands from the aerial extent of the approved permit, a release of a bond or other security mechanism, or the renewal of a temporary mining special use
permit.
(2) The application for the amendment, cancellation, or change
shall be submitted to the Zoning Board which shall approve,
approve conditionally, or deny the application subject to
the standards set forth in this Ordinance.
(3) A regular mining special use permit shall be ienewed at the
end of the permit term for successive five-year terms after
public hearing and notice so long as the operator continues
to produce mineral materials from the property, conforms to
the approved reclamation plan, and conforms to the provision
of this ordinance and is within the timetable of operations
as established by subsection D.l. (m) (9) of this Section
16.2.
(4) No holder of a special use permit shall assign, sell, lease
or transfer in any manner any rights granted under the
special use permit until his successor or assigns have
complied with all the requirements of this Ordinance,
including all requirements of a reclamation plan associated
with a special use permit for mining, central production
facility, sweetening plant, bulk storage facility, or other
special use which requires completion of a reclamation plan
and the filing of a bond of like amount with the Zoning
Board.
Upon compliance with the requirements of this
Ordinance, the Zoning Board shall release the first holder

(1)

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(5)

(6)

M.

I

(1)

(2)

N.
(1)

(2)

(3)

from the requirements of this Ordinance, including any bond,
and transfer the permit to the successor.
Any permit granted with conditions attached under the terms
of this Section shall have the conditions attached in
writing to the document of approval.
Such conditions may
cover any standard or requirement listed in this Ordinance.
A violation of the conditions shall constitute a violation
of this Ordinance.
Any changes or modification in a site plan or project
required for approval of the project by any other governmental agency having jurisdiction over the project after the
Zoning Board has issued a special use permit shall be made
only in accordance with the provision of this subsection L.
Inspections
Upon issuance of a special use permit, the Zoning Board or
its approved agents may inspect the project site to determine compliance with the requirement of this Ordinance. Inspections may also include the required reclamation records
of a mining operation, central production facility, sweetening plant, bulk storage facility, or other special use
requiring completion of a reclamation plan.
Such inspection shall be at reasonable times with notice
provided to the holder of the special use permit.
Penalties
Whenever the Zoning Board finds a violation of this Ordinance, including but not limited to, an unapproved deviation
from a site plan, reclamation plan, or the standards established by reference to any findings required to be made by
the Zoning Board at the time of the issuance of a special
use permit, it shall be recorded and .the Zoning Board shall
send the holder of the special use ·permit, by· registered
mail, an order specifying the nature of the violation, time
of violation, and corrective steps necessary to achieve
compliance with this Ordinance.
The Zoning Board shall cancel the special use permit of any
holder who fails to comply with the order within 30 days
after the order is served unless the holder named therein,
within 10 days after notice, requests in writing a hering
before the Zoning Board. Failure to show just cause for the
continued violation and lack of compliance with the order
shall result in permit cancellation and immediate cessation
of all activities on the affected property.
The penalties provided for herein shall be in addition to
the penalties provided in Section 18.J of this Ordinance.

SECTION 16.3 - High Risk Erosion Areas
Notwithstanding anything to the contrary contained in this
Ordinance, a Land Use or Special Use Permit, as the case may be, shall

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be required for any construction occurring in the High Risk Erosion
Area Overlay Zone, District OZ-2.

ARTICLE XVII
Administration
SECTION 17.l - Manistee Township Zoning Administrator
A.
The provisions of this Ordinance shall be administered by
the Manistee Township Zoning Administrator. Applicants for the office
of Township Zoning Administrator shall be interviewed by the Manistee
Township Zoning Board. The Manistee Township Zoning Board shall make
its recommendations to the Manistee Township Board regarding the
qualifications of the applicants.
The Township Board shall appoint,
from the list of applicants recommended by the Township Zoning Board,
a Zoning Administrator who shall serve for such term, subject to such
conditions, and at such rate of compensation as the Township Board
shall determine.
B. The duty of enforcement of this Ordinance shall rest with the
Zoning Administrator as shall be authorized by law.
The Zoning
Administrator shall, for the purpose of this Ordinance, have the power
of a police officer.
In addition thereto, the Zoning Administrator
shall:
1.
Issue Land Use Permits when, after inspection, it is
determined that the proposed use, building or structure
complies with the provisions of this Ordinance.
2. Issue violation notices requiring compliance within
thirty (30) days or such other reasonable time as the Zoning
Administrator may determine from the 0 record before him and
initiate any other activities to abate violations as authorized by this Ordinance.
3.
Maintain permanent and current records of this Ordinance, including all permits applied for, issued and denied,
maintain the zoning map and propert y descriptions, maintain
records of applications for variances, appeals, and the
decisions thereon by the Zoning Board of Appeals and determine the location of the bluffline.
4. In the case of a denied Land Use Permit, inform the
Applicant of the right to appeal or seek a variance.
5.
Perform all other duties of the Zoning Administrator as
set forth in this Ordinance.
C.
Elected officials of Manistee Township and/or Manistee
County and/or members of the Manistee Township Zoning Board and Zoning
Board of Appeals shall be ineligible for appointment to the office of
Township Zoning Administrator, except as otherwise provided in Section
17.l(D).

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D. In the event of the resignation, death, disability, disqualification or temporary absence of the Manistee Township Zoning Administrator, the Secretary of the Manistee Township Zoning Board shall
serve as interim zoning administrator until a new zoning administrator
is appointed by the Manistee Township Board, until the disability or
disqualification is removed or until the return of the regular Zoning
Administrator, as the case may be.
E.
In issuing an order, establishing a requirement, or making a
decision or determination on any discretionary matter referred to him
or upon which he is required to pass under this Ordinance, it shall be
sufficient for the Zoning Administrator to reasonably conclude that in
addition to the standards set forth in Section 16. lC, the proposed
order, requirement, decision or determination is compatible with the
present uses of adjacent land, is consistent with and promotes the
intent and purposes of this Ordinance, is compatible with the natural
environment, is consistent with the capabilities of public services
and facilities affected by such order, requirement, decision or
determination and protects the public health, safety and welfare.
SECTION 17.2 - Zoning Board of Appeals
A.
There is hereby established a Zoning Board of Appeals which
shall perform its duties and exercise its powers as provided by Act
184 of Public Acts of 1943, as amended, in such a way that the objectives of this Ordinance shall be enforced, the public health, welfare
and safety secured, and substantial justice done.

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B.
The Zoning Board of Appeals shall consist of five (5) members.
Members of the Zoning Board of Appeals shall be appointed by
the Township Board in accordance with Act 184 of the Public Acts of
1943, as amended, and shall be governed in accordance therewith.
C. In the event of the resignation, death, _disability, disqualification or temporary absence of one or more members of . the Zoning
Board of Appeals, and such resignation, death, disability, disqualification or absence, in the opinion of the Chairman or Acting Chairman
of Zoning Board of Appeals, prevents that body from effectively and
timely discharging its duties under this Ordinance, the Manistee
Township Supervisor shall appoint an alternate member to the Zoning
Board of Appeals, subject to confirmation by the Manistee Township
Board at its next regular or special meeting, who shall serve until a
new member is appointed by the Manistee Township Board, until the
disability or disqualification is removed or until the return of the
regular member of the Zoning Board of Appeals, as the case may be. In
the event such resigned, deceased, disabled, disqualified or absent
member was also a member of the Township Board or the Zoning Board, as
required by Act 184 of the Public Acts of 1943, as amended, such
alternate member shall also be a member of the Township Board or
Zoning Board, as the case may be.
Nothing contained herein shall be
construed as preventing the Manistee Township Board from establishing
a permanent slate of alternate members and providing for their temporary appointment to the Zoning Board of Appeals upon such terms and

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conditions as the Manistee
ordinance, establish.

Township

Board

may,

by

resolution

or

SECTION 17.3 - Duties of the Zoning Board of Appeals
A.
The Zoning Board of Appeals shall act upon all questions as
they may arise in the administration of this Ordinance, including the
interpretation of the Official Zoning Map.
It shall hear and decide
appeals from and review any order, requirement, decision or determination made by the Zoning Administrator.
It shall also hear and decide
all matters referred to it or upon which it is required to pass under
this Ordinance. The concurring vote of the majority of the members of
the Zoning Board of Appeals shall be necessary to reverse any order,
requirement, decision or determination of the Zoning Administrator or
decide in favor of the applicant any matter upon which it is required
to pass under, or to effect any variation in, this Ordinance.
An
appeal may be taken by any person aggrieved by the Zoning Administrator's order, requirement, decision or determination or by any officer,
department, board or bureau of the Township, county or state.
B.
Such appeal shall be taken within thirty (30) days of the
date of the order, requirement, decision or determination to be
appealed by the filing with the Zoning Administrator of a notice of
appeal specifying the grounds therefor.
The Zoning Administrator
shall forthwith transmit to the Zoning Board of Appeals all papers
constituting the record upon which the action appealed was taken.
C.
The Zoning Board of Appeals shall fix a reasonable time for
the hearing of the appeal, but not later than sixty (60) days from its
receipt of the record, unless the time is extended by mutual agreement
with the appellant and shall decide the same within a reasonable time
thereafter. The Zoning Administrator or Secretary of the Zoning Board
of Appeals shall give due written notice of the hearing to all interested parties which shall consist of the appel~ant, the Zoning Administrator, any person who has, in writing, requested notice ' and, in the
discretion of the Zoning Board of Appeals, the owners of the adjoining
or neighboring lands who may reasonably be expected to be substantially affected by the appeal.
In the event of an appeal involving the
High Risk Erosion Area· Overlay Zone, the Department of Natural Resources shall be deemed an interested party.
Notice may be given
personally, by ordinary first class mail, or any other means reasonably calculated to provide notice and shall be given, in all cases,
not less than ten (10) days prior to the hearing.
Upon the hearing,
any person may appear in person or by agent or by attorney.
D.
The Zoning Board of Appeals may reverse or affirm wholly or
partly or may modify the order, requirement, decision or determination
made by the Zoning Administrator and, to that end, shall have all the
powers of the Zoning Administrator and may issue or direct the issuance of a permit.
Upon the hearing of an appeal from any order,
requirement, decision or determination of the Zoning Administrator,
the Zoning Board of Appeals shall limit itself to a review and determination that the Zoning Administrator has correctly applied the
relevant
standards
under
this
Ordinance,
that
the
Zoning

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Administrator's order, requirement, decision or determination is based
upon competent, material and substantial evidence on the whole record
and that the Zoning Administrator's order, requirement, decision or
determination is consistent with constitutional requirements of due
process and equal protection.
Provided, however, that nothing contained herein shall be construed as preventing the Zoning Board of
Appeals from construing an appeal as a request for a variance from the
strict terms of this Ordinance and proceeding in accordance with the
succeeding Section.
E.
An appeal shall stay all proceedings in furtherance of the
action appealed from unless the Zoning Administrator certifies to the
Zoning Board of Appeals that for reasons of fact stated in the certificate, a stay would, in his opinion, cause imminent peril to life or
property, in which case proceedings shall not be stayed except upon
the order of the Zoning Board of Appeals which may be granted for due
cause shown, upon application, and following notice to the Zoning
Administrator •
F.
A fee prescribed by the Manistee Township Board shall be
paid to the Zoning Administrator at the time of filing a notice of
appeal.
SECTION 17.4 - Variances
A.
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Ordinance,
the Zoning Board of Appeals shall have the power in passing upon
appeals to vary or modify any of the rules or provisions of this
Ordinance so that the spirit of the Ordinance is observed, the public
health and safety secured, and substantial justice done.
Specifically, the Zoning Board of Appeals shall find and determine:
1.
That special conditions and circumstances exist which are
peculiar to the land, structure, or __ building involved and
which are not applicable to other lands, structures, or
buildings in the same land use district.
2.
That literal interpretation of th~ provisions of this
Ordinance would deprive the applicant uf rights commonly
enjoyed by other properties in the same land use district
under the terms of this Ordinance.
3.
That the special conditions and circumstances are not the
result of actions of the applicant.
4.
That granting the variance will not alter the essential
character of the area.
The nonconforming use of neighboring lands, structures, or buildings,
in the same land use district, and the permitted use of lands, structures or buildings in other land use districts shall not be considered
grounds for the issuance of a variance.
Additionally, the Zoning
Board of Appeals shall find and determine that the reasons set forth
in the application justify the granting of the variance under the
standards of thi~ Section and that the variance granted is the minimum
variance that will make possible the reasonable use of the land,
building or structure.

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B.
The Zoning Board of Appeals may require the applicant for a
variance from the provisions of this Ordinance to submit such surveys,
plans or other information, in addition to such information already
contained in the record, as is necessary for the Zoning Board of
Appeals to investigate thoroughly the matters before it. The Zoning
Board of Appeals may impose such conditions or limitations in granting
a variance, not contrary to law, as it may deem necessary to comply
with the spirit, intent and purpose of this Ordinance.
C.
A variance from the minimum setback provisions for principal
structures set forth in Article XIII High Risk Erosion Overlay Zone,
District OZ-2, shall be granted by the Zoning Board of Appeals under
the exceptional circumstances described in Subsection (1) only if the
conditions described in subsection (2) are complied with:
1. A variance for substandard parcels of record or parcels
described in a deed or land contract may be allowed where the
lots were:
a.
Established prior to the effective date of this
Ordinance establishing the High Risk Erosion Overlay Zone
but which have inadequate depth to comply with the minimum
setback for principal structures.
b. Created in full compliance with this Ordinance, but
which at the time of application tu establish a principal
structure lack sufficient depth because of natural erosion
processes.
2. Substandard parcels as described in this Section shall
be granted a variance for erection of a principal structure only
if they comply with conditions a. and b. and either c. or d.:

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a. Septic tanks, tile fields or any other onsite waste
handling facility shall be placed lan~ward of _t~e principal
structure.
b.
The proposed structure shall be located as far
landward of the bluffline as is possible while still complying with all other setback and yard requirements in this
Ordinance.
c.
The proposed structure shall be designed and
constructed to be moveable in accordance with accepted
architectural or engineering standards.
To the fullest
extent practical, a structure shall be moved landward co a
safe location prior to erosion damage.
d.
The proposed structure shall be effectively protected by an erosion control device which has been approved
by the Department of Natural Resources. The erosion control
device shall meet Department of Natural Resources' design,
construction and maintenance standards, and shall be built
prior to or concurrently with the construction of the
principal structure. A variance under this subsection (d)
may be granted only if construction of a moveable structure
as provided in subsection (c) above, is impossible.

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D.
Procedures for notice and hearing of requests for variances
shall by governed by Section 17.3C.
SECTION 17.5 - Interpretation of Ordinance Text
A.

Sufficiently Similar Building, Uses or Structures

1.

Interpretation

Pursuant to the requirements of MCL §125.297a; M.S.A.
§5.2963 (27a) nothing contained herein shall be construed as
prohibiting the Zoning Board of Appeals from interpreting the
text of this Ordinance in such a fashion that will allow in a
land use district buildings, uses and structures which are
sufficiently similar to the specifically delineated permitted or
special uses in that land use district, under the same permitted
or special use regulations.
Such interpretation shall not have
the effect of granting a variance but rather shall be deemed only
to be an interpretation of the ordinance text.
2.

In determining whether a proposed building, use or structure
is sufficiently similar to a specifically delineated permitted or
special use, the Zoning Board of Appeals shall consider the relevant policies for the land use district in question as set forth
in the Land Use &amp; Development Component of the Manistee Township
Master Plan, the nature, use and purpose of the proposed building, use or structure and whether or not the proposed building,
use or structure is a permitted or special use in any other land
use district in the Township.
3.

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II

II
II

Standards

Precedent

An earlier determination under this section that · a building,
use or structure is sufficiently similar shall be considered a
precedent for other applications proposing an identical building,
use or structure in the same land use district, provided the
earlier determination was made with respect to a building, use or
structure sufficiently similar to a specifically delineated
permitted use in the land use district and not with respect to a
specifically delineated special use.
An earlier de termination
with respect to an identical, sufficiently similar special use
shall be considered as a precedent only to the extent that such
sufficiently similar special use shall be considered as a
candidate for a special use permit in that land use district, but
shall otherwise be subject to all requirements of Section 16.2 of
this Ordinance.
B.

Ambiguities

Ambiguities in the text of this Ordinance shall be resolved
in favor of the legislative intent of the ManiQcee Township Board

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by reference to the purposes of this Ordinance and the Land Use
and Development component of the Manistee Township Master Plan
and if doubt still exists, it shall be resolved in favor of
Manistee Township.
ARTICLE XVIII
Amendments, Validity, and Penalties
SECTION 18.l - Amendments
The Township Board may, from time to time, amend, supplement, or
change the regulations and boundaries of land use districts or
provisions of this Ordinance in the manner prescribed by Act 184 of
Public Acts of Michigan for 1943, as amended.
SECTION 18.2 - Validity
This Ordinance and the various parts, sections, subsections,
phrases and clauses thereof are hereby declared to b~ severable.
If
any part, sentence, paragraph, section, subsection, phrase or clause
is adjudged unconstitutional or invalid, it is hereby provided that
the remainder of the Ordinance shall not be affected thereby.
The
Township Board hereby declares that it would have passed this Ordinance and each section, subsection, phrase, sentence and clause thereof irrespective of the fact that any one or more sections, subsections, phrases, sentences or clause be declared invalid.
SECTION 18.3 - Penalties
Any building or structure which is erected, reconstructed, altered, converted, maintained or used, or any use of land or premises
which is begun, maintained or changed in violation of any provisions
of this Ordinance is hereby declared to be a nuisance per se.
Any
person, firm or corporation, or the agent in charge of such building,
structure, or land who violates, disobeys, omits, neglects or refuses
to comply with, or resists the enforcement of · any provision of this
Ordinance, or any amendment thereof, shall be fined upon conviction
not less than One Dollar ($1.00) nor more than One Hundred Dollars
($100.00) together with the costs of prosecution, or shall be punished
by imprisonment in the ·county Jail for not less than one (1) day nor
more than ninety (90) days, for each offense, or may be fined and
imprisoned as provided herein.
Each and every day during which an
illegal erection, construction, reconstruction, alteration, maintenance or use continue shall be deemed a separate offense.
The Township Board, the Township Zoning Administrator, the Zoning Board of
Appeals, the Attorney of the Township, or any owner or owners of real
estate within the land use district in which such building, structure
or land is situated may institute a nuisance, injunction, mandamus,
abatement or any other appropriate action or actions, proceeding or
proceedings, to prevent, enjoin, abate, or remove any said unlawful
erection, construction, alteration, reconstruction, maintenance or
use.
The rights and remedies provided herein are cumulative and in
addition to all other remedies provided by law .

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SECTION 18.4 - Conflicting Provisions and Transition Rules
A.
All Ordinances or parts of Ordinances conflicting with the
provisions of this Ordinance are hereby repealed insofar as the same
affect this Ordinance •
B.
The Manistee Township Zoning Ordinance approved by the
Manistee Township Board on December 27, 1956, and all amendments
thereto are repealed in their entirety upon the effective date of this
Ordinance.
All Applications for permits, appeals, and variance
requests pending before the Zoning Administrator, the Zoning Board or
the Zoning Board of Appeals on the effective date of this Ordinance
shall be acted upon only in conformance with the provisions of this
Ordinance.
SECTION 18.5 - Captions
The captions used in this Ordinance shall not be deemed to be a
part of this Ordinance and shall not be construed to enlarge or
restrict the rights and obligations otherwise contained herein.
SECTION 18.6 - Effective Date
The effective date of chis Ordinance shall be

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Western Michigan’s Civil Rights Histories
Grand Valley State University Special Collections
Interviewee: Bryce Kyle
Interviewers: Melanie Shell-Weiss
Supervising Faculty: Melanie Shell-Weiss
Location: Grand Valley State University Special Collections
Date: 12/11/2011
Runtime: 00:06:26

Biography and Description
Bryce Kyle sings a song entitled “The Mankind of Struggle.” He is accompanied by guitar.

Transcript
1910 to 1930 Two million black men moved to the city

Red yellow black and white, that there’s a difference is histories great plight

Ida Mae Brandon’s great fight, which man to pick, man their all alright

Robert Joseph Pershing, served his country, yeah alright

-ChorusJust look around and see, your no different then me
The fear in your eyes yeah, it’s no different than mine
I feel your pain love yeah come closer and see
Stop standing idle love, yeah that’s no good to me

The orchard fields boxed up all nice and tight, they too will go on the great flight

Page 1

�Give me a hog and give me some land sir, I’d ask for dignity but looks like you got none to spare

Simmons girl tell me what do you see, the price for freedom, I hear it’s a high fee

Butler girl damn you have quite the voice, take it to Washington, let them hear you rejoice

-ChorusJust look around and see, your no different then me
The fear in your eyes yeah, it’s no different than mine
I feel your pain love yeah come closer and see
Stop standing idle love, yeah that’s no good to me

A man with a dream speaks out into the crowd, shots fired I suppose he was to proud

They know what to do when we get out of place, there’s no room for us in their idea of grace

Malcolm X I hear you my good sir, scream loudly and you might get some to care

Speak boldly and then you’ll see, they’ll take a shotgun to end your cry and plea

-ChorusJust look around and see, your no different then me
The fear in your eyes yeah, it’s no different than mine
I feel your pain love yeah come closer and see
Stop standing idle love, yeah that’s no good to me

Page 2

�LORD you are my shepherd and you lead me right

Restoreth my soul LORD in you I take flight

Give me your righteousness O’ I know you care

I pray your equity sets us in all that’s fair

Restore the innocent God I know your love

Let your power come, Lord Jesus I need you now

Isa 40:31 But they that wait upon the LORD shall renew their strength; they shall mount up
with wings as eagles; they shall run, and not be weary; and they shall walk, and not faint.
END OF INTERVIEW

Page 3

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                    <text>ORAL HISTORY INTERVIEW
RANDY MANN

Born: July 1949 Battle Creek, Michigan
Interviewed by: James Smither PhD, GVSU Veterans History Project,
Transcribed by: Joan Raymer, June 25, 2012
Interviewer: Now Randy can you start off with some background on yourself? To
begin with, where and when were you born?
I was born in Battle Creek, Michigan, Calhoun County, in July of 1949.
Interviewer: Now, did you grow up there?
No, well actually the first couple of years I lived in Battle Creek with my mother and
father and my sister, who was born in 1951. Then my mother and father separated and
divorced and we moved in with my grandparents out in Dowling, Michigan on their 160
acre dairy farm. I lived there until 1960.
Interviewer: Then after that what did you do?
In 1960 my mother remarried and took this farm boy and moved him to Lansing,
Michigan, into the city, and where I graduated from high school in 1968 from Everett
High School. 1:06 Then in 1969 I went in the service.
Interviewer: Now, when you graduated from high school did you go get a job?
What were your plans?
Actually, when I was in high school, my senior year in high school, I worked for a gas
station convenience store. At the time this was kind of a precursor to what convenience
stores are now. It was next door and upon graduation from high school I went to work
for Zale's Jewelry as a combination stock person, sales, whatever, just kind of general

1

�whatever they had for me to do. I worked for them for almost a year before I went to
work for Stover Auto Parts driving a delivery truck.
Interviewer: So, you were just kind of looking around for whatever job you could
get at that point? 2:01
Yeah, well I put an application in for General Motors and was accepted for a job for
General Motors. I had my job all lined up and knew what I was going to be doing.
Interviewer: And Uncle Sam called?
And I didn‘t pass the physical because they said I had a curvature of the spine. Sixty
three days later I was in the United States Army, in perfect health.
Interviewer: You didn’t have any problem with your spine at that point?
No
Interviewer: When did you get your draft notice?
Gosh, I got my draft notice, notification of status and stuff, just shortly after I graduated
from high school, but it was a good eighteen months after that before I actually went in.
Interviewer: Were they doing the draft by the lottery system at that point?
No, my—it was basically if you went in and took your physical and stuff, and if you were
classified 1-A, you were going, there was no lottery. The lottery didn‘t begin until
several years later. 3:05
Interviewer: Not too much longer after that then, they shut the whole thing down
entirely.
Right
Interviewer: Anyway, they were still working with the draft board system at that
point?

2

�Yes
Interviewer: Before you got drafted, what, if anything, did you know about what
was going on in Vietnam?
You know, I was pretty naïve about what was going on there. I really didn‘t have any
idea as to why we were there, what was going on, and where Vietnam even was. I was
really not aware of it. I knew I didn‘t want to go, I was pretty apprehensive about it, but
on the same token I was thinking, ―Well, you know, it‘s part of my duty as an American
citizen to honor my country and honor my family‖. My father was in WWII, in the Navy.
4:03
Interviewer: So you accept it once it comes?
Certainly
Interviewer: Take us through the induction process. Once they do call you up,
where do you go and what do you do?
Well, initially we went to Detroit where we had our pre-induction physicals, and that was
quite a daunting deal there. You get in there and they run you through the whole gamut.
I mean this is the second time to go to Detroit for a complete physical, and at which time
the physical is finished, they bring everybody into a room and they swear you in as being
in the United States military, and then they went there and said, ―All right, we need
individuals here, x number of individuals, to be in the Marine Corps and the rest of you
will be in the Army. Are there any volunteers?‖ Well, when anybody didn‘t volunteer
for the Marine Corps, they just went down through the line and picked out—walked
through there and said, ―Everybody from here to here step forward. You are now in the
Marines. The rest of you are in the Army‖. 5:08 They loaded us up on buses at that

3

�point in time, and all of us that were going into the Army, they took us to Fort Knox,
Kentucky where we were given another physical and given our uniforms, our clothing
and everything we needed, issued what we call tack, and it was like a pistol belt and
stuff—all the gear and stuff we needed, everything but a weapon. We weren‘t issued any
kind of weapon yet. Then we were taken to our basic training quarters, buildings, which,
for me, our group of guys, was actually quite nice. It wasn‘t one of the old wood
barracks, it was a nice three story, large concrete building. 6:06 I mean, that housed
everything, the mess hall was there, the offices and stuff were there, all the platoon
barracks were there, all the sergeants had their rooms and stuff there, the kitchen, or mess
hall, the laundry, the arms room, or armory and everything all in one nice large building.
Interviewer: Did you have the impression that it was just built a few years earlier as
part of the Vietnam buildup?
It was not—yeah, it was relatively modern, it was built in the late sixties, where the wood
buildings were built for WWI or WWII.
Interviewer: Yeah, you had—with the expansion of the army they processed a lot of
guys through Fort Knox. At least we got that part, now how were you treated by
the drill sergeants?
Actually, the guys in my platoon that I was in, we were treated quite well. 7:05 It
was—they were rough, they were—they didn‘t cut you any slack at all. These
individuals had been in Vietnam—Sergeant Johnson, I‘ll never forget Sergeant Johnson.
Sergeant Johnson stood about five nine and weighed about two hundred and thirty
pounds, a black man, kind of reminded you of a gorilla. Strong as an ox and he was not
the platoon sergeant, he was an E-6, and the platoon sergeant, Sergeant White, didn‘t live

4

�on the base, he lived off base with his family and he would come in. But, Sergeant
Johnson would tell us, ―All right now guys‖, and whoever was on fire guard he‘d make
sure you passed it on down the line to wake him up at x time, usually around four o‘clock
in the morning, and he would leave in his Chevy Nova that he had, which was all souped
up and everything. 8:06 And he would, in the evening, he would take off and go out bar
hopping or whatever, and come dragging in about midnight or one o‘clock in the morning
and the guys would be—―Make sure somebody wakes me up at four o‘clock‖, and four
o‘clock, knock on his door, he‘s up, and he would look like he—I‘m going ―How can
this?‖ But, he really treated us quite well. I was quite surprised, you know, they had
training things that they did, but at the same time, they were strict, yet understanding. A
prime example of that was that your brass, the stuff that you wore on your collars for
your dress uniforms and your khaki uniforms, had lacquer on it, but the lacquer had to
come off so you could take and polish it with Brasso. Well, taking this lacquer off by
hand and rubbing it with a cloth and stuff with the Brasso stuff takes forever. 9:04
Sergeant Johnson comes in with a towel, Brasso, a piece of a cleaning rod from a M14
and he says, ―Gentlemen, this is the way we can take the lacquer off of there quickly‖.
He has a drill with him and he puts the rod in the drill, sticks it through the center hole,
puts the Brasso on it, sticks it down on that, turns it on and zzzzzt, and it‘s just that
quick, and he turns it loose to us. So, where other guys, in other platoons, I found out,
would actually have to sit there and clean it by hand. The sergeant, on the other hand,
comes in and makes it easy for us, and I‘m thinking, ―Well, this might not be too bad
after all. This is somebody that actually has a heart‖.
Interviewer: Was there a lot of physical training as part of this?

5

�Oh, physical training, all day every day. I mean it was just—we‘d line up in the platoon
formations. 10:04 And to get into the chow hall, when your squad was peeled off, you
had to run around the field, in other words, or the parade field was our formation area,
you had to make two laps around that and then come through at what they call the
horizontal ladder, drop down in front of that, do ten pushups, come up and then a trip
through the horizontal ladder, off the end of that, over to a pull up bar, do ten pull ups,
and then you could go in and actually have your food.
Interviewer: Were you in good shape when you went in?
I wasn‘t in bad shape, I mean I was physically in fairly good shape, but nothing compared
to what I was by the time—it was just, I went in at five foot nine weighing a hundred and
sixty five pounds. Two years later when I‘m discharged, I come out still at five nine
weighing a hundred and forty five pounds. 11:04 I mean, I had not an ounce of fat on
me, even by the time basic training was over. I mean we had low crawl pits we had to go
through, we had forced marches, it just—I mean you had a great deal of very intense
physical training.
Interviewer: Can you characterize the men who were training alongside you?
Where were they from, and what kind of backgrounds did they have, as far as you
could see?
You know it was basically just a microcosm of the entire country. We had people—the
vast majority of the guys from my platoon were from Michigan, but all over Michigan.
We had guys from all over the United States that were there for basic training, within our
company of two hundred men. I mean, they were from everywhere and with all different
types of backgrounds. 12:02 We had one gentleman there, and I kind of chuckled,

6

�Andy Bird, and that‘s going back a ways to remember that guys name, but the reason I
remember his name is because he was only five foot and weighed about ninety-five
pounds. I‘m thinking, ―Ok, what are you going to do with this guy?‖ When the orders
came down for our AIT training and stuff, they sent him to be a cook. He went to be a
cook and went to cooking school, so that was cool because I‘m thinking, ―There‘s no way
this guy is going to make it in the infantry because he‘s just not big enough‖. Our
Rucksacks in Vietnam—mine on average weighed a hundred and forty-seven pounds.
This is going to be fifty pounds more than this guy weighs, and it‘s like—no way.
Interviewer: Were most of the men draftees, or was it kind of a balance?
Yes, we didn‘t have anybody that had enlisted in my company, everybody was drafted.
Interviewer: As you kind of went through the induction process at Fort Knox, I
mean did you have people who were trying to find ways to get out of the service or
get themselves kicked out? 13:09
Yeah, we did, we actually had one guy—the way it was set up was there were two sets of
bunk beds with a partition between, so there were actually four of us in this little cubicle
type thing, and we had one individual that was in the top bunk across from my bunk, who
was—I don‘t remember his name right now, and only because he wasn‘t there very long,
who refused to bathe, period. After several excursions in the middle of the night to try to
convince him to bathe, they went ahead and rolled him back and put him back, rolled him
back to another class and then he—I don‘t know if he was straightened out then or what, I
don‘t know, but I‘m going to assume they finally decided he needed to be discharged for
mental reasons. 14:08 He wasn‘t, he just wasn‘t too well wrapped. I‘m surprised he
made it that far through the process and to even get into basic training.

7

�Interviewer: Some people will tell stories about being at the induction center and
going through the tests and having some people load up on sugar and things like
that to get themselves labeled as diabetic, or trying to do strange things in terms of
tests to get labeled as mentally unstable or whatever.
You know, I never—this is the only one I saw and I‘m not sure what the deal was there.
He just—he didn‘t—he just wouldn‘t bathe and I don‘t know if this was a ploy of his to
get discharged, or to get moved out or labeled as not mentally fit for military service or
what, or if it was just a situation. Because I‘ve run across other individuals in my life—a
prime example, driving truck, It was a job that I did and there was an individual there that
worked with me as a second seat driver for me, who didn‘t bathe or wouldn‘t change his
clothes. 15:11 I finally told—I mean there‘s---different individuals have different
family upbringing and stuff, and it may have been one of those situations where he A.
didn‘t like to get undressed in front of other men because—honestly, you go in here and
it‘s not an individual shower, it‘s a shower with eight or ten or a dozen shower heads with
walls all around it. I mean it‘s—and it may have been a situation like that where he just
wasn‘t comfortable being naked around other men, but ―I‘m sorry dude, that‘s the army‖,
that‘s the way it‘s set up.
Interviewer: So, on the whole the guys you were training alongside kind of accepted
their lot and they were going to go through with doing their job?
Surely, absolutely
Interviewer: What kind of AIT did you get?

8

�I drew infantry AIT in Fort Polk, Louisiana. 16:02

Very interesting, Tigerland, North

Fort, very much, the terrain, everything was very much like being in South Vietnam. I
mean there were swampy areas, bamboo and I don‘t know if this is stuff that they had
actually brought in and set up the fort like that, some of it, yes it was, but the AIT training
was done in Fort Polk, Louisiana, and that was interesting training, very interesting
training.
Interviewer: Can you describe a little bit what happened there?
Well, I‘m—it was hot, because I took my basic training and it started in July and I had
eight weeks there, so we‘re in Louisiana in September, and it‘s hot and sticky, muggy,
and mosquitoes, and just all kinds of vermin and one thing and another. 17:02

And we

were then in the old wood barracks, single story wood barracks and stuff, and some of
them might have actually been –no, I think they were two story wood barracks, yeah,
they were two story, but it‘s the old buildings. It‘s an interesting deal there because we
would have GI inspections and stuff where they would come in—well, they inspected the
buildings every day. The sergeants, when you were out doing training stuff, they would
inspect every single day of the week and you had to be able to—the floors had to be—
you could shave off these linoleum floors, I mean they had to be highly buffed or—I
mean everything had to be just so, so. They took us through a lot of our weapons
training, we fired weapons that I never saw again, I fired a 90mm recoilless rifle, and I
never saw one after training, but again it was just very, very intense infantry training.
18:06 To learn your escape and evasion tactics, learn your camouflage tactics and stuff,
how to hide in plain sight, I mean you‘re just—it was very enlightening, but again, very
intense training because the vast majority of the guys, as soon as they left AIT, they were

9

�going home for a thirty day leave and then they were going over to Vietnam, and they
were going to be out in the jungle.
Interviewer: Were you being trained by people who had been to Vietnam already?
Yes, everybody that was on the staff had done at least one tour and some of them had
done two or even three tours of duty in Vietnam. These individuals, when they talked
you paid attention because they have been there and they had done it, and they know
what they‘re talking about.
Interviewer: Did they talk about things like how to deal with the Vietnamese
themselves and that sort of issue? 19:04
Well, they did to a certain degree, but by the same token, when you got to Vietnam it was
different because some areas—you had to learn and they did tell you to be very, very
cautious, you don‘t—because you never knew when one—it might be a Vietnamese child
that is booby trapped, they did that. They would tell you to be very cautious, don‘t
mingle around with the, and associate with the Vietnamese in large groups of U.S. troops,
stay away and be very, very cautious about where you‘re at and what happens etc.
because you never know. It‘s like, this is kind of rough for this individual who‘s a very
trusting individual and everybody‘s a friend and all of a sudden you‘re finding out that
nobody is your friend. 20:09

The only friends you have are your fellow servicemen

and that‘s it, which was kind of hard to deal with and learn to get around, but by the same
token I‘m here.
Interviewer: So, you get through AIT and are you on the list to go straight to
Vietnam or do you go somewhere else?

10

�No, about a third to half of the way through AIT training, they called a large group of us,
and it must have been close to a third of the company, very close to between eighty to a
hundred of us, well actually about fifty to sixty of us, maybe somewhere—about a third
anyway. They brought us into the day room and sat us all down there and they said,
―Now gentlemen, the reason we have brought you in here is because you have all scored
high enough on your entrance exams etc. that you are all qualified to go on to NCO
school, OCS, or Warrant Officers Flight School, and these are your options. 21:19 You
can go ahead and take the NCO school‖, as they refer to the dead as the ―Shake and
Bakes‖ if I remember correctly. ―You can go to NCO school and you will retain your
status as a US, in other words a draftee, and only a two year commitment in the service.
You can go to Warrant Officers flight school, which in turn you have to change and
become an RA, a regular army enlistee, and you will be obligated for three years of
military active service, but you will become a Warrant Officer helicopter pilot‖. 22:08
―Or you can go to OCS, which then also means that you have to sign up as a three year
regular enlistee and you will come out as a ―Butter Bar‖, ―Whip and Chill‖ lieutenant and
be an officer.‖ I chose to go to the NCO school after finishing my AIT training.
Interviewer: Were there some people who chose not to go to any of them?
Yes, which I thought to myself, ‗Wait a minute, this—there‘s two things going to happen
by taking and going to any one of these three, especially the NCO school. You‘re going
to stay in the states longer and get more training and more skills before you go to
Vietnam‖. 23:02 The bottom line was, we were all going to Vietnam. We were all
infantry AIT training, so we were all going to go to Vietnam, there is no question. ―Why
not get more training? Spend more time in the states before you go over, be more

11

�confidant with yourself, and then on top of that you‘re going to have a higher rank and
you‘re going to make more money, they‘re going to pay you more for this‖. But, some of
them just said no, they didn‘t want the responsibility, and that‘s fine you know, but I did.
Interviewer: Where did they send you for NCO school?
Fort Benning, Georgia, and I went home for a weekend leave and then went to Fort
Benning, Georgia for the NCOS, Noncommissioned Officers School, NCOS or CS, I
can‘t remember what it was now anyway, and that again was some very intense training.
24:02 Again, the older buildings, the two story buildings and we had, at that point in
time they assigned us, within your platoons, each week they rotated it and they actually
assigned you different positions and every week they would rotate it through there and
somebody would be the sergeant major. You would have platoon sergeants, you would
have squad leaders, I mean everybody was given—and we were automatically, as soon as
we got there, we were automatically, everybody—you got of AIT—basic training we
wore a single stripe, when we came out of AIT we had a—we were a private first class, a
―Rocker‖. At that point in time when you went from there--you went there and they
automatically gave you the rank of an E4, corporal. 25:01

It‘s like, ―alright‖, and they

would give us these arm bands to wear, you‘re a sergeant, and you‘re an E6, E7 or
whatever and rotate that through. Then again, we had some very intense training and a
lot of leadership training, and physical training. More physical training and we had—I
mean it was very regimented going into the dining hall, into the chow hall, they actually
had squares set up on the path that went up to there and you would stand in that square,
when the next person moved ahead you would stop forward and stand with, you know, at
parade rest and move like that again and when you got up there again the same situation,

12

�dropping down, ten pull-ups or pushups, then onto a bar and do so many pull-ups. 26:03
The officers there, the sergeants, if they saw any little infraction they would pull you out
and put you in what they called the ―dying Cockroach position‖, which was laying on
your back with your feet and your hands up in the air and you would lay there and you
didn‘t dare move or they would get you out and do there what was an eight count or a ten
count pushup, which would just absolutely kill you. They would get you down and
they‘d count to it and you would squat down and kick your feet out and you‘d get in that
position and then they would take you and you would go down and they would count
very slowly and they would get you down to where your nose was just barely off the
ground and then they would hold you there, and then they would bring you up slowly and
then they would do this all over. 27:02 If you had a string hanging off a button you
were in trouble, ―get rid of that pull cord, you‘re not a paratrooper‖, so you would have to
take and burn that little thread off, and then they would take you out and run you through
these pushups and the whole nine yards. They were very, very—the whole thing was to
teach you some very strong discipline, to be able to take orders and to be able to
withstand torture or mistreatment if you were captured.
Interviewer: Did they actually try some of the torture or mistreatment tactics on
you?
No, I mean they were just; they may have, but not that I remember. 28:09
Interviewer: You weren’t getting water boarded or something like that?
Oh, no
Interviewer: There were some Special Forces types that got that as part of the
training.

13

�That was Special Forces type stuff and that‘s a little different.
Interviewer: Still they were—basically they were trying to make you as careful as
possible.
Right, they wanted to make things rough on you because they don‘t want you—they want
you to be strong enough that you‘re not going to break under capture. They want to see
what you‘re made out of and these pushups, like they did down there, that‘s just—and we
did, we had guys that would break and finally say, ―that‘s it, bag it, I‘m over, I‘m done
with this, I quit‖.
Interviewer: And then they would just go back to regular infantry status?
They would go—they would pull them off to one side and in a matter of two or three
days they were headed for Vietnam, you know.
Interviewer: How long did the school last? 29:01
It was thirteen weeks
Interviewer: So, when did you finish that?
It was in the winter, February
Interviewer: What year?
February of 1970 and again I went home for a weekend pass, and then I went from that
weekend pass to Fort Polk, Louisiana for eight weeks of OJT where I was a platoon
sergeant in charge of training another group of AIT individuals AIT and that was an
interesting deal there. We had, out of that group of individuals, there were two hundred
men in the company and out of the two hundred men there were seven of them that were
regular army, that had enlisted, and they were all going on to OCS. 30:11 One
individual that was in my platoon, I rode him exceptionally hard, he was going to OCS, I

14

�didn‘t cut him any slack, his last name was Hershey, his grandfather was General
Hershey, so we kind of rode him. We didn‘t cut anybody any slack in that entire unit
because everybody, with the exception of these seven individuals, was National Guard
and they were all going back home after their training.
Interviewer: So, they—I was kind of wondering about that, because you had
mentioned that the people that had been training you in AIT were all guys who were
Vietnam veterans etc. and then I think, “Why would they take the “Shake and
Bake” sergeant who hasn’t been there yet to train guardsmen?”
Because we were—we had to have training in a leadership position. I‘m saying that the
guys that were training us, they were not all prior Vietnam veterans; I mean they had not
been over to Vietnam. 31:05

We had individuals like myself who were there in the

AIT, but they were down the line as far as—they did the actual—a prime example, what I
did is I taught in the yard, the company yard, between the barracks and stuff out there, I
taught the handling, use, teardown, cleaning, reassembly and stuff of the 45caliber pistol,
military pistol. I taught everybody how to tear it down, how to clean it, how to
reassemble it etc. I got to the point in time where—and these guys are just like, ―How
can you do this?‖ I would disassemble it and reassemble it behind my back in less than
two minutes, and they‘re looking at me like, ―How on earth can you possibly do this?‖
32:01 ―Practice, I‘ve been practicing this, I‘ve been doing this for a long time. I can
tear down an M60 machine gun and do it blindfolded and put it back together. I can tear
down an M79 grenade launcher and put it back together blindfolded because we‘ve done
it over and over, time and time again until it gets to the point where it‘s second nature‖.

15

�You could put one in front of me now and I wouldn‘t know how to put the ammunition in
it anymore. I would, but tearing it down, I wouldn‘t have any idea.
Interviewer: They really worked this stuff out pretty carefully for a lot of purposes
to try to prepare them as best they could for what you were getting on to do next.
Well, in fact our last week of NCO school was an interesting week. They called it
Ranger week, and where they took us out and we spent the week out in the swamps and
stuff just like we were actually in Vietnam. 33:08 Now, it‘s rather unusual because
we‘re out here in swampy ground, nasty, wet, having to cross rivers and the whole works,
it‘s cold, I didn‘t find any place when I was in Vietnam that when you walked into a wet
area, swampy, marshy area, that you actually had to break the skim of ice on top of it to
cross it. Still, and it was the same way, they again in the AIT stuff they have—one of the
last things they do to you is have you run what they call an E&amp;E course. It‘s an escape
and evasion course, which is—they take you out to an area and turn you loose and way,
―all right, we‘ll see you back here in such and such an area and don‘t get caught‖, which
is like—ok, and some of the guys got caught. 34:01

It was trying to teach you, after all

the training and stuff, that they let you go through a course to see if you‘ve learned
anything from what they were teaching you.
Interviewer: Now, you’ve made it through—you’ve gone through AIT, you’ve gone
through your NCO school, you come back, you’ve been an NCO, and now you’re
back at Fort Polk? Are you at the point now where they send you home and then to
Vietnam?
Yes, I went home, I had a thirty day leave at home and at the end of that thirty days I was
to report to Fort Lewis, Washington for my flight to Vietnam, and I was a day late getting

16

�there. I get there and they said, ―Where were you?‖ ―Home‖, ―well, you were supposed
to be here yesterday‖, ―yeah‖, my attitude at that time was, ―well, they‘re going to send
me to Vietnam anyway, the worst they can do is bust me down to a corporal, give me and
Article 15, take me a little money, bust me down one rank, and after thirty days in
country I‘m going to have my rank back and my money back, so who cares, I‘m going to
Vietnam anyway‖. 35:09 I worked out pretty good, actually, because the guys that went
on, were in the group of people that went over when I did, or the day before I got there,
several of them were either wounded or killed because of the units they were sent to. So,
fortunately it worked out for me.
Interviewer: You were on the next planeload that went somewhere else?
Yeah
Interviewer: Now, when they flew you out, were they doing that in a chartered
commercial plane or a military plane?
Yes, they were DC7‘s, well they didn‘t have the big planes and stuff like they have today,
you know, this was forty years ago, forty two years ago.
Interviewer: Was it at least a jet?
Yes it was, it wasn‘t a prop plane, but it wasn‘t a big plane, and consequently because it
wasn‘t a big plane, it took several hours to get to Vietnam. 36:04 We flew out of the
SeaTac Airport, Seattle Tacoma Airport, and we landed in Anchorage, Alaska where they
refueled the plane, from there they flew us to Midway where they refueled the plane,
from there to Okinawa where they refueled the plane, and from there to Cam Ranh Bay
South Vietnam, an eighteen hour flight.
Interviewer: And did they let you get off the plane?

17

�No, they didn‘t let us get off the plane; they made us get off the plane.
Interviewer: That meant before you got to Cam Ranh?
Every time they stopped to refuel they made us get off the plane. They would not refuel
it while we were on board. We had to get off the plane and into a waiting area, or waiting
room type of thing. When the plane was refueled we got back on the plane. Every time
they stopped to refuel we had to get off.
Interviewer: They finally get you to Vietnam and what was your first impression of
the place once you got off the plane? 37:01
Dirty, smelly, scary, uncomfortable, the first warnings they told us, is if you hear sirens
you‘ll watch out and you‘ll see bunkers and stuff, if you hear sirens going off head for
one of those bunkers and jump in. There were rocket warnings, in case there was any
rocket fire, and within the first twenty-four hours of being there we had six of those
warning type things go off and they had rockets fired in six different times. It‘s like,
―man o man, this is not fun, and this is really scary‖.
Interviewer: Now, what did they do? You land in Cam Ranh and what happens to
you?
We went in and we got—of course we‘re in a khaki uniform and that‘s all we have.
38:01 We have no weapons, we have absolutely nothing but the clothes on our back and
they take us down and they issue us a set of fatigues and then they start to set up—they‘re
going to assign us to different groups, and again they came down through and asked,
―Are there any of you here who would be interested in going to Ranger school?‖ I‘m
thinking, ―Maybe‖, so I did go to their Ranger school in Cam Ranh Bay. Actually they
sent us up to Chu Lai for the ranger school. We get up to Chu Lai there for their Ranger

18

�school and, it might have been in Cam Ranh, no it was in Chu Lai, I can‘t remember, it
was in one of the two. Anyway, the Ranger school is where they really get nasty with
you. 39:01 I mean, the school only lasts three weeks, but when you finish that you then
become a Ranger working in military intelligence and range recognizance. I completed
the training and spent six weeks with them and decided that it wasn‘t what I wanted and
asked for a transfer to a straight infantry unit.
Interviewer: So, what were you doing in those six weeks that you were with them?
It was training, I mean we did training and I went on one mission and that was enough.
What they did was basically, G Company 75th Rangers, basically what you did was you
collected intelligence. We had no troops in Laos, ok? That‘s the official thing.
Officially we did. We would eat nothing but Vietnamese food, we did not bathe, we did
not shave, and you didn‘t brush your teeth. 40:08

You wore the same set of—you

wore clothing, it was U.S. clothing, but all the tags were removed out of it, you carried
captured Vietnamese weaponry, whatever they had, this is what you--because when you
actually started to go out on a mission they wanted you to smell just like the Vietnamese.
You would actually go out and they would fly us in a helicopter, you would rappel down
out of the chopper, set up your area of observation and stuff and generally it was along
the Ho Chi Minh Trail in Laos, and actually collect data on troop strength and equipment
etc. that was brought down through there and then you would hike back out to the
extraction zone where they would drop ropes out, you would tie on and they would yank
you up out of the jungle and take you back where you would report all this information.
41:06
Interviewer: How large a group were you?

19

�It varied, anywhere from three to a maximum of six guys.
Interviewer: So this little group of guys was dumped in the middle of the jungle
someplace. How long would you stay out?
Three or four days
Interviewer: Did you see anything during that time? Did anything happen?
Always, always, I mean you‘re sitting along a trail, camouflaged in, I mean it‘s just—
yeah, and that‘s what you do and you‘d only go out every six weeks because—you‘d
come back in and you‘d get all cleaned up, shave and shower, and the whole nine yards
and that was it, you‘d start preparing for the next mission.
Interviewer: People have—you hear a lot about, through the Ho Chi Minh Trail
you have-- the idea might be, you might have a single little narrow trail through the
jungle or something. Is that what it was or was it a wide road or what?
A road, a road, it was a dirt road. 42:01 I mean, it was wide, but it was in the jungle and
stuff and it was really hard to see it from above, from the air, but it‘s—they‘re moving, I
mean, they‘re moving heavy equipment down through there, they‘re moving tanks down
through there, trucks, I mean, it‘s-Interviewer: So, you got a lot of business?
Oh yes, definitely
Interviewer: Would they, the Vietnamese, as they’re moving up and down, would
they make any effort to patrol into the jungle a little bit and look around for you?
Oh yeah, they‘re always looking around for you because they know they‘re being spied
on, they just don‘t know where you‘re at, you know, provided you have done a very good
job of camouflaging. I mean, they would drop you in—we didn‘t drop in close, they

20

�would fly us out there in helicopters and drop us into the jungle, and we might be ten
thousand meters away and we‘d have to hike these ten thousand meters, these ten clicks,
into the area where we‘re actually going to set up, so they knew that we were in the area,
but they just didn‘t know where in the area. 43:04 I mean, they might drop us in here,
and we‘d hike off in this direction or maybe here and hike us out there, or come right
straight in. They just knew we were there, they just didn‘t know where, and it behooved
us to make sure that we were camouflaged well enough. That was part of the reason they
wanted us to smell like them. Therefore, we ate the same food they did, and the whole
nine yards. You didn‘t smoke or nothing, I mean it was-Interviewer: Now, did you have a radio? Did you report back or did you just
record or write down what you saw, or just remember it?
No identification, no communication
Interviewer: So, you just kept the information in your head?
Yes, we had a pre-set point where they would come to pick us up and the date and time,
you know, they‘d pick us up at 2:00 o‘clock in the afternoon on such and such a day at
such and such a point. 44:03 And they would already have it pre-set that you would be
there, and to identify that you were there, you would have a smoke grenade that you
would pop and they would know that it would be a purple smoke, or a red smoke, or a
yellow smoke, and also they would know that you were there and that would—and they
would fly over there and they would drop the ropes down and they‘d yank you out of
there.
Interviewer: did you worry whether or not you were going to get there on time or at
the right time? Did you have somebody go—

21

�Yeah, but you made sure that you were going to be there. You might extract yourself
from where you‘re at a day ahead of time, so that you would be there. I mean, you‘re
going to make sure you‘re there, one way or another. But if you‘re captured the
government would have no knowledge that you were there. There was nothing, I mean
you didn‘t—you had captured enemy weaponry that you used. 45:04 The only thing
that identified you as not being Vietnamese is your skin, I mean you‘re not short with
black hair.
Interviewer: So, one of those trips was enough for you?
One was enough and that‘s when I transferred to the Charlie Company 2d Battalion, 1st
Infantry, 196th [Brigade] 23rd Division, Tam Ky.
Interviewer: Now, was it sort of common for people to kind of get, the situation you
were in, do you think other people were doing the same thing? Thinking, “Oh my
God, what have I gotten into?”
Yeah, there was and that‘s why they were always looking for people that would
volunteer, ―I want to try that‖, you know. There were several guys that didn‘t make it
through the training. The training that they put you through was just—I mean it was
really, really tough. You never knew what time of night, or day or night, they were going
to come and get you and go out and do training. Teach you to do repelling and stuff.
46:00 We actually at that point—we had to be totally self-sufficient if there was
medical care and stuff needed. We had to learn by actually working and practicing on
other trainees, how to put in IV‘s. We were everything, we had to learn to do it all, and
in the final training stuff they would actually take you out over the top of the South China
Sea in a helicopter and before they actually started letting, repelling you out over land,

22

�they‘d take you out over the ocean, the South China Sea, and you would repel out of the
helicopters into the water, and slide down ropes. The reason they did this, in case you‘ve
messed up they wanted you to have something that was a little bit softer to land on than
the ground, and believe me, the water‘s not that soft, well it is if you‘re not too far up.
Interviewer: So, now you make a switch. Now, what sort of a reception, or
whatever, do you get when you come and you go to the 196th Brigade and then get
assigned, how does that play out? 47:09
I was just another new sergeant with the company. I was assigned to a platoon and just
moved on.
Interviewer: Was the platoon at the base camp where you first came in or did they
move you out?
No, they were actually out in the jungle and when they went on a resupply mission they
flew me out. I jumped out with the cases of C rations, laundry and mail, ―Here I am‖. I
got assigned to a unit there, to a platoon, and to a squad and they referred to me as, what
is called the FNG, and we‘ll leave that at what it is.
Interviewer: He’s the new guy, the NG part.
Yes, and I basically for the first three weeks, even though I was the sergeant and should
have been in control, the spec 4, who was the highest ranking person there, was actually
running the show for the first two or three weeks until they got to know me and what was
going on etc. 48:15 That was fine with me because I needed to get to know these guys
too and what was going on with them.
Interviewer: Was that what was recommended to you when you got assigned to a
squad? Let them show you first?

23

�Yes, absolutely, absolutely, trust the guys, who have been there, you know. Follow their
lead, listen to what they have to say, do what they tell you to do, and after two or three
weeks you can start interjecting and working yourself in, and the Lieutenant, the platoon
leader and stuff, come in and tell the guys, ―Ok, it‘s time for Sergeant Mann to take over,
he‘s been here, he‘s learned all the ropes etc., and we‘ll move on from there‖. So, that
can be very interesting because there you are, they don‘t know your background, and as
far as they‘re concerned—I told them, I said, ―look, I‘m not new in country, I just didn‘t
get off the plane yesterday, I‘ve been here for a couple of months, I‘ve been with the
Ranger unit and stuff, I‘ve been out and I‘m a little familiar with it‖. 49:17 That kind of
eased their concerns a little bit, but still at the same token, until I‘m there for a while and
been on a few short little ops and stuff with them, they are going to be rather reticent
about saying, ―well, were going to trust him‖, and do what—and it worked out.
Interviewer: So, you were with—was the area you were operating in mostly jungle?
It was—actually, where we were at was at when I first started, because I was in LZ Hawk
Hill, which is just outside of Tam Ky, and that was mostly lowlands and farmlands and
stuff right in there. Then we went on the first major, actual operation we went on, was
we flew our whole organization out of Tam Ky to a little place called Cam Duc. 50:07
It was about three or four thousand meters from the Laotian boarder, it was fairly well
established forward fire base. Several mountains peaks around that had different units
and stuff on top of them. There was a runway, so you could fly airplanes in. During the
Tet offensive of 1968 it was overrun, in 1970 we went back in, and for all intents and
purposes, took it back. We had one casualty upon going in there and taking it back, the
one casualty was a friendly fire casualty and fortunately he was not killed, he was just

24

�wounded. But, while we were there we had—we were there about two months before we
moved out of that area again. 51:01 We did several patrols out in there and during that
particular point in time we had several people killed, several people injured, wounded, we
were constantly attacked by the rockets or mortar fire from the mountains. It was not a
pleasant time.
Interviewer: I want to go back briefly to the first stint in the area around Tam Ky,
when you were in that kind of an area you were patrolling, was that an area with
much enemy activity or was it fairly quiet?
It was fairly quiet; it was fairly quiet in that general area. I mean, the fire base actually
bordered, the fence actually pulled right up to the back side of the village. It was really,
it kind of reminded you of a larger version of M.A.S.H. I mean, it was just this huge,
huge area on a little hilltop like out there with hundreds of men. 52:01 There were all
different types of units there, there was a Cav unit, there were infantry units, I mean there
is actually a M.A.S.H. unit there. Helicopter pads, resupply storage and there‘s a NCO
club, there‘s an OCS club, there‘s an EM club, enlisted men‘s club, so, I mean they got
the bars up there. The NCO club was a little unusual because right outside of it sat a 155
Howitzer Battery. Christmas Eve, sitting there was a little rough because they got a fire
mission and they‘re sitting there shooting right over the top of the building, so every time
they would shoot off a battery of six guns, you‘d grab your bottle of pop, or whatever, to
keep it from bouncing off on the floor. But it was—you had, you had, guard bunkers and
stuff all around it and concertina wire and it was set up pretty good and it was patrolled
quite well. 53:06 Occasionally we would get rockets or something that would be fired
in, but they could take the dog gone mortars and they could sit out there two miles away

25

�and pop mortar rounds in at you, you know. They‘re not very accurate because they
don‘t really use site sticks or anything like that, they just got a plate and a tube there and
they sit and say, ―It looks pretty good here‖, and drop one in and that‘s the way they
would sight them.
Interviewer: They hadn’t really registered the targets well enough to really hit
things, it’s more harassing fire?
Well, they didn‘t have sight sticks or anything like that, so they really couldn‘t –I mean
they‘d set a dog gone plate—and all they had was just a plate and a tube, and the mortars.
They just would chuck them out there from anywhere they could. They were just
harassing you, they never did hit anything. We did have an attempted sapper attack one
night when they tried to sneak in and blow up the concertina wire and one thing and
another with satchel charges and stuff, but they didn‘t make it. 54:04 Not that they
couldn‘t have, they probably could have if they hadn‘t been caught.
Interviewer: People on guard were doing their job that night.
Exactly, exactly
Interviewer: All right, the patrols you made out of there, were those mainly just
short one day things?
Yeah, usually that‘s all we did. We‘d—they would say, ―We need you to go out and
check this area‖, and we‘d load in the helicopters and they would fly us out and set down
and we‘d jump out and we‘d check the area out and they‘d come back and pick us up and
we‘d fly back in, you know.
Interviewer: Did you run into anything?
Usually not, just locals

26

�Interviewer: In general, how did the civilian population behave toward you?
They were afraid of us to a degree. It depended on how you treated them, you know. If
you treated—most of the civilian population that were out there, I mean these people are
peasants, they live in grass shacks. 55:01 Grass and bamboo, I mean, and they literally
work from sun up to sun down to prepare enough food to feed themselves once a day. I
mean, literally work all day long to prepare food to feed themselves once a day. If you
go into their village, the area where they‘re at there, and start harassing them and taking
stuff away from them, eating their food that they‘ve been cooking, and worked on all day
long, you‘re in trouble. I should have brought some pictures up to show you, because I
have pictures of some of the villagers and stuff when we were in there. I mean the young
kids and stuff; they‘re all coming up to you and wanting this and wanting that etc. and
they would, if you gave them some of your C rations and stuff, they would ask you to
share a meal with them because you had given them something. It just depended upon
what kind of an attitude you had and how you treated them. 56:06 Basically, what we
were looking for most of the time when we would go into these villages is caches of stuff
that the so called NVA tax collectors that are out there forcing these people to—I think
they were actually more afraid of the NVA than they were of us. Because, I mean the
NVA would really treat them quite shabbily. We would round everybody up in the
village and get them into a central area and I worked, I had what was called a ―Luc Long
scout‖, or a Kit Carson Scout, that was Vietnamese that had been captured and was
working with me. Therefore, I wanted to speak some Vietnamese, he some English and
between the two of us we could do some interviewing and stuff with these individuals. I

27

�would like to find out someday where he‘s at and what happened to him.
Interviewer: So, you’re trying to gather information?
Basically that‘s what we were doing. Basically we‘ll out there, a combination of a
pacification and information, that‘s what we‘re doing generally. 57:10 Sometimes it
didn‘t work out that way, but most of the time that‘s what we were doing just patrolling
and checking and trying to gather information.
Interviewer: Now, was this in an area where you had to worry about booby traps
and that sort of thing?
Always, always, always, it didn‘t matter where you were at; you had to watch for booby
traps. You could kind of—you could kind of sit back and watch the indigenous personnel
that were there, the local villagers and stuff, and you‘d watch and look to see where they
go, and see what trails and stuff, what rice paddies and dykes and stuff they walk on and
which ones they don‘t walk on. You don‘t want to walk on the ones that they don‘t walk
on because they‘re booby trapped and they won‘t walk on them.
Interviewer: Now, did your unit trip any booby traps while you were with them?
Yes, yes
Interviewer: What sort of devices were they as far as you can tell? 58:04
Anything, anything, bungee pits, little pits like this, they would be no bigger than this
with little bungee stakes in them and you walk through and step forward and step down in
it and it breaks loose and your foot goes down and these bamboo stakes run through your
foot, and they treated these bamboo stakes quite well. They would actually take them
and they would put them in the fire until they got nice and brittle and hard and
everything, and then they would dip them in feces and set them up there. Or they would

28

�have—we ran across one, and we got quite fortunate with it. I walked point a lot of the
time while I was there, looking specifically, and I saw a trip wire run across and they
actually had taken a captured, one of our baseball grenades, and had set it up with a wire
across the trail. They had it camouflaged quite well, not well enough, but quite well, and
what it was set up for, you come through and you trip that. 59:02 Well, what they do—
grenades are set up with a time delay fuse on them and they take and unscrew them and
cut the fuse off and screw it back in, so the minute the pin is pulled the spoon comes up,
hits it and it goes off instantly. We happened to see it and didn‘t trip it. Yeah, all kinds
of booby traps, anything and everything you could possibly think of, I mean these people
are very, very, very adept at using anything to make a weapon out of. Whatever is
available, whatever they have, it‘s just absolutely astounding.
Interviewer: All right, and that was the relatively easy duty before you go up to the
Cam Duc strip?
The Cam Duc strip, that was not a good trip
Interviewer: Did you have kind of a routine or pattern of activity while you were up
there? Did you go out on patrol or do certain things? 00:02
Yes
Interviewer: How did that play out?
They would rotate it throughout the units that were there and send us out in different
areas. Most of the time, what we would do, we would fly. They would take us out and
they would fly us into an area and we‘d jump out of the choppers, patrol the area, and
later that afternoon they‘d pick us up and bring us back to the base camp area and then a

29

�few days later we‘d go back out on another one. It didn‘t always work that way, but most
of the time it did.
Interviewer: Did you encounter many North Vietnamese while you were out there
or were you mostly just shot at with mortars?
The vast majority—I only had one—well, I had two operations I went on where we
actually encountered enemy combatants, mostly North Vietnamese individuals. The one
was, they flew us in to do some reconnaissance, fly us in in the morning, fly in and pick
us up in the afternoon, fly us back out. Had a cold LZ, had a cold landing zone, no
enemy combatants or troops in the area, fly us in, so therefore we didn‘t take a lot of stuff
with us, which was a mistake because as it turned out it wasn‘t what the intelligence
people had thought it was. 1:13 Instead of flying into this area where there wasn‘t
supposed to be any enemy troops etc. and several days later we found out they had
mistakenly dropped us into what they referred to as a North Vietnamese battalion base
camp.
Interviewer: So, what happened when you got there?
We had to shoot our way in, three days later we shot our way out and we had six guys
wounded, and one guy killed. The platoon leader, the Lieutenant, was critically
wounded, and I had been standing not any farther sway than I am from you, talking to
him, and I turned around and stepped away and in just a matter of a fraction of a second
after I walked away, he was shot from behind and shot through the shoulder. 2:01 Had I
been standing there, I‘d have been hit too.
Interviewer: Now, was this just a platoon size operation you were on?
Yes, a platoon size operation.

30

�Interviewer: How many men do you think were in the platoon when you went in?
Twenty-seven, there were twenty-seven of us and platoon strength normally is forty, and
we very seldom had forty men. The highest I can think of that we had was thirty-three.
Interviewer: How low would you get?
The lowest we got was down to six of us, not even squad strength.
Interviewer: So, you were out there for three days?
Yeah
Interviewer: What happens at night?
We set up—we set up at night with a night defensive perimeter, and with the mortars and
Howitzers, set up a firing around us. We had pre-designated areas, we called them fire
mission Battle Zulu, fire mission whatever. 3:05 You know, different, preset places for
them to shoot rounds out throughout the entire night so the enemy wouldn‘t know where ,
and they would set this stuff off all night long to help keep us from being snuck up on at
night and attacked.
Interviewer: Did that work?
I‘m here and I was never captured, so-Interviewer: Did they still try to come up and attack you anyway?
No, because—well I don‘t know because I have no idea, we have no idea if they did or
not. The next day we tried to move to a different area and they kept us pinned down in
the daylight hours, and the third day, when we actually were able to finally get out of
there, we had some fire missions that we had called in and they really didn‘t want to do
them because of the proximity of where the enemy was and where we were at, they didn‘t
really like to do this. 4:17 But, they used the F4 jets and came in with two hundred and

31

�fifty pound bombs and there 20mm Falcon cannons and we popped the smoke stuff so
they‘d know where we were at and they started dropping them and these planes flew so
low overhead that you could actually roll up and look and actually watch the hooks on the
hangers open up on the bombs when they would release them. And you‘d cover up
because when they‘d go off you‘d get pelted with chunks of dirt and everything else
when they were blowing up because they were dropping them that close. They don‘t like
to drop it that close, but we didn‘t have any choice, we‘re on this side of a valley and on
this side of the valley there‘s a river running through there, and we‘re on this side of the
river and on the other side is this NVA and we‘re pinned down, we can‘t get out of there.
5:12
Interviewer: Were they blasting a path for you to get out or were they just trying to
hit the enemy?
Well, they were trying to keep; you know, scatter them out of there, get them out of there
so we could actually then move away and then get to an area where they could extract us.
Interviewer: Did you still have your casualties with you at that point? Were you
still carrying your casualties?
The casualties were already gone, they had been medevac‘d out, medevac‘d out. In fact,
we had a thing that surprised me was--and they wanted us to wear flak vests and helmets,
come on people, it‘s a hundred and twenty three degrees out there with ninety-nine
percent humidity. We‘re going to wear a steel helmet and a flak vest, I don‘t think so.
It‘s just like—it was bad enough and like I said, I was down to a hundred and forty-five
pounds when I came home, give me a break, you know. 6:04 My pack weighs two
pounds more than I do and if you put this on there I‘m going to melt away to absolutely

32

�nothing, I‘ll be a hundred and thirty pounds and nothing but bone. But, the last guy that
we had wounded, when they came in, the medevac chopper got shot up getting in so, they
left. We had the Major, and I can‘t remember his name, but the Major was flying around
in his Loach, buzzing around there kind of watching things. He actually flew in, told his
pilot, ―take me down there, we‘ll get this guy out of there‖. This guy had been hit in
both arms and through his chest. Well, the medic we had, had popped him with two
syrettes of Morphine, so he wasn‘t feeling anything, but he‘d been wounded with a tissue
wound through this arm, a tissue wound through this other arm. He‘d been carrying a
machine gun and the bullet went through this arm, hit the sternum, came through the
sternum, out the ribcage, and through the other arm. 7:04 It didn‘t hit bones on either
one of his arms, just muscle, and he actually helped pull himself up into the chopper. The
Major comes down there and the Major jumps out of the chopper and they load this guy
up there and the Major tells the pilot, ―go‖, and he stays with us‖. The Major was kind
of an interesting individual, fire engine red hair, a handlebar mustache, bush hat, sleeves
cut out of his tee shirt and his pants rolled up above his knees. This is the Major.
Interviewer: About how old was he do you think?
Thirty-five
Interviewer: Ok, had he led men in combat before?
Oh yes, oh yes
Interviewer: So he wasn’t some guy who trained as a staff officer and came over
after six months?
Oh no, he came up through the ranks, he‘d moved up and he was an interesting
individual.

33

�Interviewer: Did he stay with you any longer? 8:03
He stayed with us until we got--until the very next day when we got out of there, he
stayed right with us like, ―ok, you‘ll do‖. He was an interesting individual. The only
individual that I—and I had been smart enough that I had packed some food in my
pouches in my pants and stuff because I didn‘t know how long before I would be able to
eat. If we‘re out here too long I don‘t want to have to eat grubs and stuff, and he asked,
―Anybody got any food?‖ I said, ―Yeah, I do if you want it‖, and he said, ―What have
you got?‖ I said, ―Ham and eggs if you want it‖, and he went kind of—and said, ―Ok‖.
The ham and eggs was not the favorite item in the C ration foods, but I liked them. Most
of the guys didn‘t and that‘s why I usually carried them and I‘d have plenty because
they‘d throw them out, they didn‘t want them.
Interviewer: You mentioned when you went out on this mission, the expectation
was that it wouldn’t be a big deal, so you didn’t bring a lot of supplies. Did you run
low on ammunition and other things while you were out there?
Yes we did, and they actually flew ammunition in and dropped it out of the choppers to
us. 9:03 You wanted to make sure you weren‘t standing underneath it either because if
a case of M16 ammunition coming out of the door of a helicopter can hurt you.
Interviewer: Was that the probably the most intense firefight that you got into, or
did you have another one that was similar?
We had one more while we were there and it was really intense. We were being harassed
by mortar fire and my platoon took the duty to go up into the mountain and find them.
Over a period of several hours, working our way up through, we came across a guard that
was sent out and we dispatched him. We kept moving on around and my squad had been

34

�walking point. They would take and rotate you through, you‘d have the point squad, the
middle squad and you would have the rear squad and you would rotate back. 10:02 The
point squad would rotate to the back and pick up the rear guard and then the middle
squad would take up and then you would just move that way and keep everybody fresh.
We had just—it was not two minutes since we changed, and we came around the corner
there, and my squad has the rear, and we came around this ridge, well, it was not really a
ridge, it was kind of a crest of this hillside on the trail and they walked into a booby trap.
It wasn‘t really a booby trap, actually it was a Claymore mine that was set up and they
detonated it on the guys. That‘s when we went up—we went up with twenty-seven men
on that mission and there were six of us that spent the rest of the night because everybody
else was medevac‘d out because they had been wounded.
Interviewer: If you were down to six why didn’t they just take out all of you? Or
did they not tell you that?
Because we were on a mission and everyone else had been wounded, and they had to be
taken out. 11:01 They resupplied us with ammunition and stuff and then we stayed and
we captured the tube. We got them, but it was very costly, a very expensive operation.
Interviewer: Do you know how many were actually killed out of that group?
Nobody died, nobody died
Interviewer: Now, was it the mine that caused all the damage?
Yup
Interviewer: So, it wasn’t that you walked into an ambush of the conventional sort,
so you weren’t in a fire fight at that point?

35

�Right, right—well, it was just—they were set up and they knew we were coming because
we had already shot their guard, their outpost, so they knew we were there. They had the
high ground and they just come after us, you know. We had several guys that were
wounded by rifle fire and machine gun fire.
Interviewer: Did they actually—were there men at the mortar tube or had they just
disappeared and left that behind? 12:00
They disappeared and left that behind. They couldn‘t take it with them; carry it with
them, because it was too heavy.
Interviewer: How big of a mortar was it? Was it an 82?
81mm
Interviewer: Was it an American 81 or a Soviet built 82?
It was an 81, an American, captured American. It was just too heavy to run and take it
with them through the jungle, so they just left it, but it‘s one of those things. Out of those
six men, the six of us that were actually left and got out of there, I was the only one that
stayed in country. The other five guys—I had—we had come back and it was a week or
ten days later we were packing everything and getting ready to move everything out, and
we were going to actually abandon that Cam Duc area. We had been attacked several
times and you couldn‘t land air planes there because the runway had been bombed so
heavily. We did have one air plane landed in there, an Australian airplane came in there
that had been shot up quite badly, and they came in and they made a crash landing in
there and we guarded that until they could come in and extract the aircraft and stuff out of
there. 13:12 We had great big JP4 bladders of fuel out there and the enemy kept trying
to hit those. Unfortunately we were attacked one night and one of our guys set one of

36

�them on fire with a hand flare. He shot the hand flare and instead of shooting it straight
up, he got it on an angle like this and it landed right in the middle of it, burned a hole in it
and set it on fire and burned up several thousand gallons of JP4, but ―oops‖ things happen
you know. We were packing everything up several days later and getting ready to move
out of that area and go back and work in a different area and I had my guys all assigned
with the work to do and I‘m going, ―Well, here‘s a pile of trip flares laying here and I‘ll
start packing them up and putting them in a crate‖, you know. 14:06 So, I‘m picking
them up and one of them, the pin wasn‘t in all the way and it went off and burned my
hand quite badly. While I‘m in the hospital, back in Tam Ky, the blisters in my had
needed to be cleaned up and stuff, the other five guys in my platoon, were messed up
quite badly. One guy was killed, John Melke, they had flown them out and they were at
the firebase where they were going to set up and stuff, and they were moving the mortar
platoon in there in a Chinook helicopter and had the ammunition hung underneath it in a
sling and coming in an enemy combatant fired an RPG and hit the helicopter and it
exploded the whole thing and one of the blades came down and caught all five of my
guys. It killed John Melke and the other guys were quite severely injured. 15:04
Interviewer: So, you kind of got lucky with the trip flare.
On several occasions I can say that I was very fortunate. I‘m a Christian and I believe in
God and I know this, that God saved my life on more than one occasion.
Interviewer: After that happens, how long had you been in Vietnam by then?
Six or seven months
Interviewer: Ok, now had you had any R&amp;R or leave time by then?
Twice

37

�Interviewer: Where did you go?
Hawaii, twice, I went to Hawaii the week before Christmas and met my mother and dad
and my fiancée there. Then I went back to Hawaii on a seven day leave over the spring
break and I didn‘t meet anybody that week. I‘m still not married.
Interviewer: One of the impressions I had, for the most part, was that the leaves to
Hawaii were mostly assigned to guys who were married and they would send the
unmarried ones other places. 16:09
You chose where you went, you chose, you had your choice. There was a difference
between an R&amp;R and a leave. An R&amp;R as long as, you know, you could go wherever
you wanted to go. You could go to Australia; you could go to Japan, or Taiwan or
Hawaii. I chose Hawaii and it was fine, but then again I was meeting my parents and my
fiancée there. When it came time to go on a seven day leave, I wanted to go to Australia,
but the flight was already booked and they said I couldn‘t go there, so I asked what was
available and they said, ―Hawaii‖, and I said, ―all right‖, so I went to Hawaii again, and I
enjoyed myself and had a lot of fun, both times.
Interviewer: But you still got several months left in that tour now at that point, so
once you get out of the hospital where do you go? 17:11
I stayed, well I say out of the hospital, I was only in the hospital overnight getting that
hand fixed, you know, but it‘s all bandaged up and everything, so I‘m working, I do
guard duty for six weeks while my hand is getting rehabbed, so I‘m in the base camp
stuff and they said, ―As long as you‘re going to be here, we need you—we need to have
you doing something‖, so what I did was I worked as the sergeant of the guard, which
means I would go out—I‘d—they would drive me around the perimeter and night and

38

�stuff, you know, and I‘d check on the different posts, so that‘s what I would do, or I‘d
work in the supply room, or work in the mail room, or work as the—I can‘t even
remember what the person is called now, but basically sits in the office at night to answer
the phone or whatever. 18:07 That‘s what I would do until they finally got around and
part of the deal was, when I got back from Hawaii at Christmas time there in December,
is they held me down at Cam Ranh Bay and that‘s where I picked up my Kit Carson
Scout, was down there and I went with him for several days. I was fortunate to be in the
rear area at that particular time. I got back and was able to go to Da Nang and see the
Bob Hope Christmas show, which was quite interesting. I had plenty of pictures of that
and they all got stolen on the way home. Somebody broke into my bags and stuff on the
flight back from Vietnam to the states and I lost all kinds of stuff that I had, but oh well,
―easy come, easy go‖. It wasn‘t so easy coming.
Interviewer: When you spent six weeks at the base camp, did you want to go back
to your unit, or would you rather just stay back in the base camp? 19:02
I‘d rather have stayed at the base camp, it‘s quieter and you have more people around
you, but hey, you do what you have to do. I finally ended up though, when I was back
over there, I went back out and we were walking in a low land area, and I don‘t know if
you know what ―Elephant Grass‘ is? Very tall stuff, very big heavy stuff, and I‘m
walking forward and I prefer to walk point, and I don‘t know why, but I guess I just
didn‘t have that much confidence in the other people. I took a step forward and I put my
foot down and I put my foot down on air and I figured I was a dead man right then.
Instead of that, I ended up, I went into this foxhole that had been filled back in and I went
in and I twisted and landed with my back on top of my pack with my nose touching my

39

�knees and messed my back up quite badly. 20:01 When they were finally able to get me
up out of the hole they brought a chopper in and they brought me into Da Nang, flew me
in there and put me in traction and stuff there and transferred me from there to Cam Ranh
Bay to the convalescent center where I spent two months down there in rehab and stuff,
and then they flew me back to Tam Ky at which point in time they were in the process of
moving us all up to the Da Nang area and from Chu Lai, which was the 191st
headquarters, and they were transferring us all up to Da Nang, and when I got up to Da
Nang they put me in charge of the resupply and mail room. At that point in time, every
day of the week I would fly into the DMZ, in a helicopter, delivering mail, clothes, and
food. 21:02 I was on duty seven days a week making a helicopter flight into the jungle
areas and it was not fun.
Interviewer: So, you would get shot at as you were doing that?
Sometimes, sometimes you did and sometimes you didn‘t.
Interviewer: Did they ever have you take anything back out, injured men or bodies,
or anything like that?
No, because if there were things like that, if people were injured, that was with medevac
choppers and stuff, that was done immediately. I‘d fly in--we‘d fly in and they‘d set up a
secure perimeter, we‘d land the helicopters, we‘d take everything out, all the clean
clothes, the mail, the food, that was all unloaded off the chopper and any outgoing mail
was picked up, all the dirty clothes and stuff were picked up, and that was all loaded back
on the chopper and was taken back.
Interviewer: Now, you were serving over there at a time when they were getting
into what they called the Vietnamization process. They were drawing down the size

40

�of American forces and turning things over to the Vietnamese. 22:07 What did you
observe of that, or to what extent did you realize that we were pulling back, or
taking men out?
Well, you know, I mean I was over there in 1970 and 1971, and as far as the drawing
down and the more Vietnamization stuff didn‘t really—I mean we‘re just in the
beginnings of it and we found a lot of times that the South Vietnamese—I don‘t know, I
guess they just didn‘t—to me they didn‘t have the will to want to be able go over there
and take over. They wanted the ROK, the Australians, the Americans and stuff, to do this
for them. They didn‘t really want to take the responsibility, and by the time we finally
got out of there it was—we can understand why, they really didn‘t have the heart to go in
there and not come under a communist rule. 23:16 I guess they had been—we have to
stop and understand that these people had been fighting for decades. I mean, the French
had been in there for crying out loud, and they got their tails whipped, you know. It‘s
almost the situation we‘re in with Afghanistan. Come on, the United States thinks we
can come in here and do something after the Russians got their tails beaten and left? It‘s
really not much difference there, you know. The Vietnamese, they just—they had been
at war so long that they were getting disheartened and they just didn‘t care anymore.
Interviewer: Now, did you see much of the South Vietnamese military, aside from
the occasional scout that was with you?
No, I really didn‘t, I really didn‘t. The ones that I was impressed with were the ROC
Interviewer: It’s the ROK, the Koreans? 24:03
Yeah, the Rocket soldiers, the Koreans. These boys didn‘t---they were amazing. I‘d
never seen anything like them before in my life.

41

�Interviewer: What struck you about them in particular?
Fearless, absolutely fearless, and I‘d say, ―Are you crazy? There are six of you and
you‘re going to go after a machine gun nest?‖ It didn‘t matter, I mean they just were
tough guys, tough guys and just absolutely fearless.
Interviewer: You got to serve alongside of them at some point?
Yeah, I worked with them a couple times. A couple of times I had the opportunity to
work with them. Unbelievable individuals, just-Interviewer: They had been more dedicated to the anti-communist cause for a good
reason and that’s why.
I think so, I think so, and they still are. I mean with Korea being divided, they still are.
25:01
Interviewer: How would you describe the morale of the company or platoon that
you were serving in?
Poor, poor, there was a very strong—I mean a strong division racially. The African
American members of the unit would keep themselves away from everybody else and
wouldn‘t associate with or participate with or even, you know—everybody else that was
in the unit seemed to work well together, although we did have two of my real good
friends, Robert Taylor, a black guy from Texas, and Fred Contreras, a Mexican American
from Modesto, California, two wonderful individuals. 26:10 I‘ve looked up Fred a
couple of times when I‘ve been out in California, but I‘ve never been able to find Rob
Taylor. Rob Taylor was our barber and he was just—the only thing black about Rob was
his skin. I mean, this guy wore a cowboy hat, a bandana tied around his neck, and he was
a black cowboy from Texas. He was a wonderful individual.

42

�Interviewer: When you actually went out on patrol. Did the racial division hold up?
At that point no, because everybody knew that you had to count on, and depend on the
other members to survive, and if you didn‘t have cohesion there, then it was—but when it
was in the rear area and stuff, everybody just seemed to divide off into their own little
groups.
Interviewer: Now, were there fights or things like that? 27:01
No, no fights—it was a situation where your authority as a sergeant, or whatever, was
ignored. You‘d be in the rear area and stuff and say, well, I-- corporal so and so or
private so and so, or whatever, and actually, I got to the point where I would just say,
―Jim I need you to do this‖, and he would say, ―do it yourself‖, ―excuse me‖, you know.
I said, ―Look, we have things we have to do and I need you to do this, and I‘d like you to
do this as a member of this unit. I don‘t want to sit here and have to give you a direct
order to do it‖, and they would say, ―Well, alright‖, and they would do it. I said, ―I have
things that I have to do that I don‘t like, and you have things that you need to do that you
don‘t like, so we‘re both going to have to do things that we don‘t want to do‖.
Interviewer: So, there was a sense that you had a job to do and just go and do it
still? 28:03
Right and I don‘t blame them because there were jobs that I would assign them to do that
I didn‘t want to do myself. Because I was a sergeant I didn‘t have to do them, and
basically one of them is cleaning the latrine. I don‘t know if you understand what they
set up there, you didn‘t dig pits, they used fifty-five gallon steel drums about this tall, that
were cut off, and when they got to a certain point of being full they would be dragged out
and they would actually mix diesel fuel in them and burn it, and that was a very

43

�distasteful, nasty job. Unfortunately it was a job that had to be done and when it came
your turn to do it, you had to do it. Being the sergeant, I wasn‘t obviously going to do it.
I‘m going to assign somebody to do that job because I have other things that I have to do.
29:02
Interviewer: Were their people in the unit that were using drugs at that point?
You know, I can‘t say that there were, I‘m sure there was, I never personally saw it, so—
I‘m quite sure there was, without a doubt, but I never saw it myself. Most of the time—I
would say, most of the time the vast majority of the guys would go into the clubs and
they‘d sit there and drink beer or hard liquor, or whatever was available. You couldn‘t –
at the EM club; you couldn‘t get anything but beer in there. At the NCO club or the
OCS, you could get hard liquor in there.
Interviewer: So they would drink and smoke cigarettes, but not necessarily much
more than that?
Not that I ever observed, I never saw them—I never saw anybody using any kind of
drugs, you know. 30:06
Interviewer: Now, within the company or battalion, or the area you knew something
about, were there attempted officer fragging’s or things like that?
Yes
Interviewer: What did you learn about those?
When I say attempted—threats, it would be a situation where they would wire the pin
tight into the grenade and tie a toe tag on it and write on it, ―Next time we keep the pin‖,
and throw it into the offers barracks or whatever, you know their quarters. That
happened, that happened on occasion when we‘d have an officer that was a real

44

�hardnosed individual, they would do that. I only know about it happening twice within
my unit.
Interviewer: Would it happen to people who were effective officers who would still
take the men in the field, but treat them better? 31:04
Usually what happened is that officer would be transferred to some other unit because at
that point in time it was very aware of the fact that the officer‘s ability to be a leader and
stuff was compromised and they knew that they couldn‘t—that he wouldn‘t be able to
work there and work with the men. They would transfer him somewhere else and bring
in a new officer.
Interviewer: If an officer came in and did a reasonable job then that would be
accepted?
I mean, the officers, and they understood, more often than—we had three ―Butter Bar‖
Lieutenants in our unit and as sergeant and stuff, we‘d sit down and we‘d tell them,
―Look, I understand you‘re an officer and we need to treat you as an officer, but we need
to also tell you, and remind you, that you are new here and have never been in a combat
situation and you need to listen to us, as the sergeants. 32:18 When something is
calling, you need to come to us and say, ―we need to do this‖ and so we will then in turn
tell you, ―well, we really don‘t want to do it this way, we need to do it this way etc. and
you really need listen to us until you have enough time in country where you actually will
be where the guys will trust you and understand‖. And the same way with us, I said,
―When we first got here, as sergeants and stuff, we had to count on, depend on, and listen
to, the private because he had been here and he knows what he‘s talking about‖. I said,
―As far as being an officer, or whatever, don‘t wear your bars on your uniform or on your

45

�hat or whatever. We know you‘re the Lieutenant, but do not expect us to salute you
because we won‘t do it unless you want to die—we don‘t want to die. 33:14 We‘re not
disrespecting you as an officer, if were in the rear area we‘ll have no problem saluting
you, but if we‘re out here in the jungle, saluting, as proper military protocol, is not going
to happen. We want to live, we want to survive‖.
Interviewer: Were the lieutenants smart enough to listen to you?
Yes, yes they were, they were. It‘s not that the enemy couldn‘t tell who was in charge
because they could. Just because of the fact that different individuals would come up to
them when they were talking and then they would turn and go—they could tell at that
point in time who was who, who were the higher ranking individuals.
Interviewer: Certainly they would probably have an RTO along with them
wouldn’t they? 34:02
Well, yeah--right
Interviewer: Another way of spotting them, who’s talking to the guy with the radio?
Yeah, but see—if he had a radio, and I as a sergeant had an RTO, I was a squad leader
and each squad leader had an RTO—so, you know, it kind of confused the enemy just a
little bit because I‘m walking point and I have my machine gun walking second and my
RTO is third—so these poor guys, it wasn‘t normal protocol like that. Usually you got a
point man, a machine gun and you and the RTO back in there, you know, and they kind
of—because I‘d mess them up, but I still had my radio right there close enough.
Interviewer: So, was the mail delivery duty, was that the last assignment you had in
Vietnam? 35:01
Yes, I did that for two months.

46

�Interviewer: Are there other things that kind of stand out in your mind about your
time in Vietnam that we haven’t quite brought into the story yet?
Not a great deal I guess, I just–I guess the one thing that really, really brought it to me
was just the abject poverty of the vast majority of the population of the country. Unless
you lived down in the southern section of Vietnam, down in the Saigon area, down in the
delta area there, or lived in and around one of the smaller villages, Tam Ky, Chu Lai area,
Da Nang, and cities like that, these people lived in total—real abject poverty. I mean, the
family car was a Water Buffalo. 36:02

They had little bunkers built inside their

bamboo and grass shacks that they lived in, that‘s where they would sleep at night. They
had no electricity, no refrigeration, to go to the bathroom they would just go out and drop
it off the side of a rice paddy dyke. I mean, that‘s what they had. Literally, I mean
seriously, work sun up to sun down to gather enough stuff to prepare a meal. I mean, I‘d
see the Vietnamese women out there—they‘d actually be out there working with big
grass hoop tire like things working the rice, getting the chaff and stuff out of it. Cleaning
it like that and then they would sit there with hand cranked millstone that they would take
and pour little grains of rice into it and sit there and crank it, grind it, and make flour out
of it, and then mix that flour with water and put it over the top of a kettle of boiling water,
with like a nylon screen on it, and they would spread it out on there and steam that and
make a large rice pancake like thing. 37:19 When it was steamed they would take it out
and they would hang it over sticks, like a clothes drying rack to cool, and after it was
cooled they would slice that into strips like for noodles, and then they would have fish,
one of the other family members had gone out and caught fish, and they would cook the
fish and make a fish gravy like, pour this over the noodles to warm them up and that‘s

47

�what they would have for dinner. They would literally work all day long. To irrigate,
they would have two people out there and they‘d have a pole and a string and a hoop type
thing or a bucket with strings on it and they would actually hand lift the water up and
over out of the river into the dykes to fill the rice paddies with water. 38:07

They

just—they would do this all day long, day after day, after day, just absolutely—these
people, it‘s just unbelievable. I know now why they were skinny; they were living on
virtually nothing. I mean, they had gardens and stuff, they‘re not going to eat the Water
buffalo obviously, because that‘s the tractor, you know, the family car, the whole works.
I absolutely amazed me to see a young Vietnamese child, probably seven or eight years
old, with a little stick like this, and this monster Water Buffalo, and he‘s walking down a
rice paddy dyke through there, and this kid is walking behind him with a stick keeping
him moving. 39:01 I‘m thinking, ok, it‘s just so many different things—their religious
beliefs and everything, it‘s just—I saw some rather –the first time I saw the areas I‘m
thinking, ―What is this?‖ And there was actually a cemetery that was out there and the
graves are round. They dig a round hole in the ground and actually bury the individuals
standing up. Like, all right, just so many different thing, so many different things.
Individuals living in and around the cities and stuff, the school children—people were
actually going to school, they would have electricity there and stuff, and the children
would be dressed in the—the girls would be dressed in long white silk pajama type
gowns that they would wear, and the boys would be in black and white, but yet, the kids
out in the jungle areas and stuff, out of the way, they didn‘t go to school, they had no
schooling. 40:15 It was just totally amazing. We came across a, I don‘t know what, I
don‘t know exactly what his religious beliefs were, he was a minister of some sort or a

48

�religious individual, a clergyman of some type, I don‘t know exactly what, but an
individual, and he had a brick and mortar building, full of bullet hole, I mean you could
see where all of the stucco type material on the outside was all just pock market with
bullet holes and stuff. An older gentleman, I guess in his eighties, slept on a grass mat,
and he invited us into his home for a drink. 41:06

Homemade ―hooch‖, obviously

homemade ―hooch‖, and the Vietnamese version of ―white lighting‖. He poured about
that much in a glass and six of us took a sip out of it and we still had almost that much in
the glass, and he turns around to it, grabs the bottle and he pours himself about that much
and he tilts it right back like that, drinks it all, and then he goes over and rolls the grass
mat out on a concrete brick floor, and lays down on it and goes to sleep. That‘s what he‘s
sleeping on, it like sleeping on this, I mean it wasn‘t even as soft as this carpet. I‘m
thinking, ―What a life‖. I would like to go back to Vietnam, I‘m hoping to visit some day
and see how it‘s changed and see how the people are doing. 42:08 It just absolutely
amazes me sometime to see—and forty years later I‘m still not sure why we were there.
Interviewer: Now, as you were getting in the last couple of months or weeks, or
whatever, toward the end of your tour, you’re counting down the days before you
left?
Yes, you always did, I mean the guys would come in and I mean, you had a deros date,
which is your rotation date going back and everybody, regardless if you just got there or
you were getting close, was always counting down, and counting down, and counting
down the days. The closer you got the more apprehensive you got, especially the
individuals like myself, who were infantry and were out in the jungle, although the last
couple of months I wasn‘t out in the jungle, but I was making these flights every day.

49

�43:04

And it‘s like, ―man, you know, I‘m a sitting duck out here‖. There‘s a pilot a

co-pilot and myself and there‘s three of us in this helicopter, well, there was actually five
of us because we had a door gunner on each side too, but it‘s just like, ―we‘re right out
here in the wide open‖. You‘re counting the days down, you‘re counting the days down
until you can actually come back in, especially the guys out in the jungle and stuff out
there, they‘re counting the days down, you know, because they would get down within a
couple of weeks until their rotation back, they would actually bring them back into the
rear area and they wouldn‘t make them stay out in the jungle any longer. It was like,
―these guys are just getting too antsy and too nervous. We don‘t need them back there,
we need them back here in the rear area where they can start to wind down a little bit and
prepare now. That being said, they messed up on my rotation date back, and they
actually pulled me back in off the chopper stuff, that detail, and closed me out of the
battalion headquarters and stuff. 44:09

I actually had me out of there and down to Cam

Ranh Bay twelve days early. So, I spent twelve days extra at Cam Ranh Bay waiting to
get my flight back to the states.
Interviewer: What did you do, just sit around?
I‘d go to the NCO clubs at night and go to see floor shows or whatever. I did not—they
had what were called manifest calls, and I did not, you do not miss a manifest call. You
miss a manifest call and if your name is on that manifest list for your flight and you‘re
not there to respond, they will give you an Article 15 and take money away from you. It
didn‘t matter what time that manifest call was, it might happen at two o‘clock in the
morning, it might happen at three o‘clock in the afternoon, you never know. 45:01 Just
whenever a flight would come in that was off loaded and was a flight back to the states;

50

�you had to be able to catch that flight whenever your name came up. It‘s like, after
several days you‘re getting almost like a Zombie because you‘re afraid to go to sleep for
fear that you would sleep through it, so you tell the other guys and stuff, ―hey if they call
for a manifest call, be sure you wake me up, I want to be there in case my name comes
up‖. Yeah, you count the days down, you really do, I mean it just—the guys, they refer
to their deros date, and the thing that was amazing was, we had a dog on the base and it
was with our company, and you didn‘t find cats, it was very, very rare to find cats in
Vietnam, they ate cats, cats were on the menu. Dogs, not so much, but they would still
eat the dogs. 46:10

They didn‘t eat the cows, but they would eat the dogs and the cats.

But we had this little dog and the dog‘s name was ―Deros‖, so yeah, you‘re always
aware, you‘re always conscious, and the closer you get to your date to be rotated back the
more aware you are of it and it‘s like ―I got fourteen days, I got twelve days. I got seven
days‖, you know, I never really broke it down to the hour, but it was always on your
mind, you know and you refer to it as ―getting short‖. The guys would make comments
like, ―I‘m so short I can‘t even get my shoes on, I can‘t climb over into them‖.
Interviewer: Wouldn’t that affect their performance in the field at all if they were
getting short, would they do things differently?
Yes it would because you become more cautious. The closer you got to the time that you
were coming in out of the field, you got more tense, more nervous, much more cautious
about things, not quite as carefree. 47:08 You could tell and you knew the guys that
were—and therefore, as the sergeant, the guys that you had that were approaching there
deros date, you would be more hesitant about sending them out on missions. More
hesitant about saying, ―Jim, you and so and so are going to go out and set up on an

51

�ambush site tonight‖, and Jim said, ―You know I‘m going home in four days, I‘m rotating
back to the rear in four days‖. Well, he didn‘t have to remind you of that, you were
aware of that, so therefore you wouldn‘t—you‘d be more hesitant to put these individuals
in more dangerous positions. Now, it they wanted to volunteer for it, fine. It was
something that everybody was constantly aware of all the time. 48:04
Interviewer: The principle, the way the whole system worked was having everyone
on their own individual calendar, rotating individuals in and out of units as
replacements, the idea was that you would have a certain level of continuity in
performance and that kind of thing, and better maintain the fighting quality of the
units without burning out the soldiers. Did that actually work that way, or did that
have as many negatives as positives?
No, it actually worked for me. I mean, in our unit it seemed to work. You always had—I
mean you had new people coming in, the new blood coming in, not attuned to what was
going on, but you had the other individuals who had been there and could take the new
people under their wing and say, ―Hey look, this is the way we—I know what they taught
back in NCO school, or what they taught you back in your AIT and stuff, but this is the
way we really do it. Take what you learned there and keep it in mind, but this is the
actual way that it gets done‖. 49:09

If the new people would pay attention to that and

follow what the old guys do and that have been there for a while, your chances of
surviving and coming home are a lot better. Quite often if you did what you were trained
to do, it will get you in trouble and could possible get you killed, I mean that‘s just the
way it was.

52

�Interviewer: It depends in part, probably then on how willing the older guys are to
actually extend some help to the new ones coming in.
The older guys were very willing, and the reason for it was because they didn‘t want this
new guy out there getting them killed from their stupid moves. 50:00 So, the guys that
had been there were very willing, very willing, at least the guys in my unit, to take the
new guys under their wing and say, ―Look now, I know this is what you‘ve been taught,
but this is the way it‘s been done, and you will do it the way we tell you to do it because
we want to go home, and we don‘t want to go home in a body bag. We want to be able to
go home and see our kids, we want to be able to go home and see our wives, our moms,
and our dads, you know, and we don‘t need you, as the new guy out here messing up and
getting one of us killed. If you want to get yourself killed, go for it, but don‘t make me
do it, don‘t make me get killed because you want to do something different‖. So, the new
guys—and the new guys, quite often, would sit back, and they‘re just, they come out
there and they‘re just—and they‘re—they look like a deer in the forest, you know, I mean
they‘re scared, they are, they‘re scared to death. I‘m not saying that the older guys
weren‘t either, they were too, but it was just that they had been there long enough to hide
it better. 51:05 They had learned from the old guys that had been there before them,
and they had been, more often than not, so called ―bloodied‖, and they had actually been
under fire. The new guys are just like—I mean they are, they‘re just lost, they don‘t
know what‘s going on, so the old guys would help them out, and in a few weeks‘ time
they were just like—and of course the first time they get fired on then that would be it.
I‘ll never forget, I mean I‘ll never forget, a year of training, a year of training, and
obviously it paid off because I‘m here. I did not consciously think that I could ever in my

53

�life fire a weapon at another human being. 52:04 The first time I got fired on, I‘m out
there, I‘m on the ground, and the guns not firing, and without even realizing it, I had
emptied a whole magazine of ammunition not even knowing that I had pulled the trigger.
I‘m saying, ―It‘s not working, it‘s not working, oh, ok, that‘s why it‘s not working‖, and I
had fired off a full magazine of ammunition and never even realized I had pulled the
trigger. So, obviously the training paid off.
Interviewer: How long was it before you felt like you had, at least, some idea of
what you were doing out in the field? That you’re going out with the unit initially
and following them around, was it by the time they said, “Ok, now you’re in charge
of the squad”, were you ready to do that, or were you still kind of wondering about
that?
I wasn‘t ready to do it, but it was there and I had to. 53:03 When I took over, I took
over the job as a Lieutenant within a matter of weeks because the Lieutenant had been
wounded and we had nobody else. I mean, I, as an E5 sergeant, I was the highest ranking
individual in the platoon. I mean, it‘s just one of those things, it‘s there and so ―Ok, so
now I am the platoon leader. I‘m not a squad leader; I‘m not the platoon sergeant. I am
the platoon leader until they get somebody new in from the rear area to take over‖. You
just do it, and I guess that takes in part with all the training. I mean, I‘d had a year of
training before I went over and it was just, you know, and then I‘d had a few months
there of time, and then I knew the guys and I knew—and you kind of get into the routine
of stuff and it‘s just—it was a job and it‘s something that just came along and you did
what had to be done. 54:11

It‘s been that way in any war that we‘ve had, any war that

the United States has been involved in, the Civil War, the War of Independence, Korea,

54

�WWI, WWII, right on up through. Individuals have stepped up to the plate and done
what had to be done.
Interviewer: Now, at the point when you left Vietnam, how much time did you have
left in the service?
Less than ninety days
Interviewer: What did they do with you when you got back?
Discharged, I was discharged straight from Fort Lewis, Washington. Anything under a
hundred and eighty days, they discharged you. If you had more than a hundred and
eighty days left, they sent you somewhere else. They might send you to Korea, or they
might send you to Alaska or Europe. 55:05

If you had more than six months, they

would send you somewhere else. Anything under six months, or a hundred and eighty
days, they normally discharged you. I was down under ninety days and it was one
thing—and I don‘t know that they‘ve really changed, well I guess they do a little bit here
and are a little bit better with it now, but I was in Cam Ranh Bay for several days and
Cam Ranh Bay, even though it was a large area and stuff, you‘re still in a combat zone.
Roughly an eighteen hour flight from Vietnam to the states, and we were in Fort Lewis ,
Washington for about seventeen hours when they handed me my discharge papers, and I
walked out of there, got into a cab and went to the Seatac Airport, got on a flight, flew to
Chicago, where I rented a car and drove the rest of the way home. 56:09 I wasn‘t going
to sit in Chicago for seven hours waiting for the flight to come into Michigan. But in less
than twenty-four hours from the point in time that we were in a combat zone, I‘m turned
loose on the American public with absolutely zero debriefing, nothing. No transition
time, nothing, I mean I‘ve gone from being in a combat zone where people could be

55

�dropping rockets at me and shooting at me and bombs and the whole nine yards, being
turned loose on the American public.
Interviewer: How easy, or hard, was it to make the adjustment back to civilian life
then?
It was, it was pretty difficult, and I mean I run, I started — I had some really hard times.
I started drinking quite heavily. 57:02 I got home the day before Mother‘s Day, and I
don‘t remember Mother‘s Day that year, I slept through the whole thing because I hadn‘t
been to bed in six days, and I hadn‘t really slept in six days. So, I mean I was tired. That
was in May, my father worked in a factory and he invited a bunch of people out, friends
and their families, for the 4th of July party and stuff out at the house. He even went down
and got permits for fireworks, and the guys would take the little Black Cat firecracker and
light them and throw them and the next thing I know, I‘m on the ground and I‘m just—it
was difficult. I started drinking quite heavily, I started doing drugs, and it was tough,
tough. 58:02 I didn‘t—I drank, and consumed massive quantities of beer and smoked
lots of Marijuana. I had never touched Marijuana before I went in the service. I never
touched it until after I got out. And I say I drank a lot, I smoked dope, I consumed
massive quantities of food, I went from the one hundred and forty-five pounds, that I
weighed when I got out of the service, and a year later weighted two hundred and
seventy-five pounds, yeah.
Interviewer: How did you get stuff back under control?
Well, it still isn‘t totally under control, but I don‘t drink anymore, I don‘t smoke
anymore, I use to smoke cigarettes and I quit smoking thirty years ago. I quit three things

56

�in ten days, drinking, smoking dope, and well four things, quit chewing my fingernails,
and quit smoking. 59:05 I still like to eat, but not as much.
Interviewer: Did you just decide at some point you had to change stuff?
Yeah, it‘s like, ―I‘m not going down this road anymore‖, so I--Interviewer: What kind of work did you get into then after you got back?
I worked at Clark Equipment Co. and I don‘t know if you know who they are, but they
built the Clark Forklift. There was kind of a family history of working for the equipment
company. My grandfathers, both of my grandfathers worked for them, my father worked
for them, cousins, uncles, aunts, and I went to work for them and worked fourteen years
before they packed their bags and moved to Korea. Let‘s see, in nineteen—I was kind of
working—I was laid off from them, my seniority was gone, but in nineteen eighty three, I
started driving a semi and until I retired a couple of years ago, I drove a semi. 0:09 I did
almost fifteen years of long haul and ten years of driving local. It‘s been kind of tough,
I‘ve worked for five companies since I got out of the service and all, with the exception
of Clark Equipment, I mean the Clark Equipment Company just packed their bags and
moved out of the country, everybody else has gone bankrupt. The last company I worked
for, for ten years, went bankrupt a couple years ago and since then I have not had a job. I
have not been able to find a job; they don‘t want an old, diabetic, retired veteran.
Interviewer: Now, do you get any help from the VA these days?
Yes I do, yes I do, that‘s in fact, the VA is the only medical coverage I have anymore, but
they help me out quite well. Because I was in country they considered me in—anybody
that was in country, they automatically consider them to have been exposed to Agent
Orange. 1:14 And different side effects and different illnesses that are attributed to

57

�Agent Orange, they have quite a list, and on one of them is diabetes. I am a diabetic and
because of that I get forty percent disability from the VA, and right now I‘m currently
going in there and spending two or three days a week, that I go into the VA for treatment
for what they think is a torn rotator cuff in my shoulder, but we‘ll find out. Because I do
have what they consider a service related disability, they not only give me the
compensation I get from them, but they also pay me my mileage. 2:06 Which is alright,
but I‘d still rather not have the diabetes and have to deal with the injuries etc., but they‘re
really doing quite well, I‘ve been dealing with the VA for a couple of years now and right
now I can‘t complain. They have been very, very nice, very kind and accommodating.
Interviewer: To look back over the whole thing and you answered part of this
already, what effects do you think your time in the service has had on you? Were
there any good sides to it?
Yes, yes, I became a world traveler. I got to see and understand peoples of different parts
of the world and really realize just how fortunate we are in the United States to have what
we have. 3:11 I mean, we as a nation are extremely well off, even in today‘s economic
conditions etc. We as people in the United States and the vast majority of the people in
the United States do not realize, don‘t understand, the abject poverty that other nations
live in. Even today, I‘m sure, I‘ve never been back to Vietnam, but I can almost
guarantee you there are still tens of thousands, if not hundreds of thousands of
Vietnamese that live a day to day existence out in the jungles out there, and I mean life
has not changed for them and life will never change for them, their always going to be
this way. 4:02 It makes me happy, proud that I am an American, because I have had the
opportunity to see how people live. I‘ve had the opportunity to travel to places that I

58

�probably would never have seen in my life. I mean, I‘ve been to Okinawa, I‘ve been to
Guam, I‘ve been to Midway, I‘ve been to Alaska, I‘ve been to Hawaii. These are places
that I probably would never have seen in my life, and I‘ve been there, and being a
military veteran has afforded me job opportunities that were not available—I mean they
were available to other people, but because of my military status, as a veteran, I was
probably hired over somebody else that wasn‘t.
Interviewer: So, not all of the reception upon getting home was necessarily
negative? 5:02
It wasn‘t—I mean, it was—there were some major negative parts coming home. We got
to the airport and I took a set of clothing out of my bag, before it was put on the plane,
and when I got on the plane, I still had my class A uniform on, I went into the bathroom
and changed clothes and put on my civilian clothes before I-Interviewer: Is that something they were advising you to do at that point?
No, but I mean, you could—the Vietnam veterans, unfortunately, were really treated
quite shabbily when they came back to this country, and I‘m very pleased with the
program, the Welcome Home Vietnam Veterans program, that was run out at Fifth Third
Park last summer, that was wonderful. 6:01 I got to spend the whole day out there, and
I was really pleased. Unlike out veterans that are coming back from Afghanistan and Iraq
and stuff, today, that are treated like heroes and stuff, the Vietnam veterans were really,
they were treated like scum. The less you identified yourself as a Vietnam veteran, as a
member, the better off for you, because you—granted they could still tell more or less
because I—well, I don‘t have any hair now, but it was—you‘re hair‘s cut short and the
whole nine yards, so it‘s just—it was one of those things, but, I mean, you could tell. It

59

�was a bit of a culture shock, to a degree, coming back. I got delayed two days in
Vietnam, at the airport, because while we‘re sitting there we had a typhoon come in, and
that‘s not something you want to sit through in a corrugated steel building. 7:14 It starts
rattling and the whole nine yards and water coming in through it. Anyway, we—the
storm cleared, we got on our airplane, and when we got on the plane it was a hundred and
seventeen degrees with a ninety-nine percent humidity. We landed in Okinawa to refuel
the plane and when we landed in Okinawa the stewardesses and stuff on the plane said,
―There are blankets up above, you may want to grab them and wrap up in them because
the current weather condition here at the airport is forty-one degrees and rain‖, and that‘s
a little rough on your body. Most flights, and stuff, unless they‘re international flights,
you‘re not going to get food on board the plane. 8:15 I paid sixty seven dollars for my
plane ticket from Seattle to Chicago, Delta Airlines, a military standby ticket, just barely
got out, I mean they were closing the doors when I was coming down the concourse to
get on there, and it was in the evening and I rode first class on a dinner flight. But the
one nice thing they did for us when I got back to Seattle, when we came in there, they
took us into what‘s called the ―Vietnam Returnees Steak House‖, and it was one of the
chow halls that had been converted into a restaurant type thing. Now, you still had to go
through a line, but you ordered your steak how you wanted it cooked. You went and sat
down and they actually had waiters and stuff and they brought a nice steak dinner out to
you with the baked potato, tossed salad with the dressing, I mean the whole nine yards, it
was really kind of nice. 9:07
Interviewer: I think that pretty well takes care of the story here, so thank you very
much for coming in and sharing it with us.

60

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Throughout his photography career, he pursued both freelance commercial work as well as artistic work. His art photography is characterized by its classic black-and-white format, and features people, places and objects shot great attention and sensitivity. Gilbert's works are held in the permanent collections of the Art Institute of Chicago, the High Museum of Art in Atlanta, The Norton Simon Museum in Pasadena, and the Grand Valley State University Art Galleries, as well as in numerous private and institutional collections.&#13;
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                  <text>Photographs scanned from negatives and transparencies from the Douglas R. Gilbert papers (RHC-183).&#13;
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Douglas R. Gilbert (b. 1942) is an American photographer from Michigan. He was born in Holland, Michigan and is the son of Russell W. and Carmen (Andree) Gilbert. Gilbert earned a B.A. in social sciences and art at Michigan State University in 1964, an M.S. in photography from the Institute of Design at Illinois Institute of Technology in 1972, and a M.S.W. from Salem State College in 1993. He is married to Barbara (McDonald) Gilbert, and has three daughters, Robyn, Rachel, and Anne. Gilbert took a serious interest in photography at the age of fourteen. In 1963 he joined the staff of Look magazine in New York as the second youngest photojournalist in the magazine's history. As a Look photographer from 1964 to 1966, he photographed folk musician Bob Dylan, the Newport Folk Festival, Simon and Garfunkel, the New York City Financial District, the children and facilities at the Manhattan School for Seriously Disturbed Children. From 1967 to 1969, Gilbert did several shoots, including that of folk singer Janis Ian for Life magazine. After moving to Chicago, Illinois in 1969 to attend the Illinois Institute of Technology, Gilbert conducted notable photo shoots of business and political figure Lenore Romney, and pursued more personal and artistic photography, focusing on urban and rural landscapes in Illinois and Michigan. He then joined the faculty of Wheaton College, where he taught from 1972 to 1982. In 1993, Gilbert graduated from Salem State College, Massachusetts, with a Masters in Social Work, and later pursued a second career as a psychotherapist. Douglas Gilbert died in June 2023. &#13;
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Throughout his photography career, he pursued both freelance commercial work as well as artistic work. His art photography is characterized by its classic black-and-white format, and features people, places and objects shot great attention and sensitivity. Gilbert's works are held in the permanent collections of the Art Institute of Chicago, the High Museum of Art in Atlanta, The Norton Simon Museum in Pasadena, and the Grand Valley State University Art Galleries, as well as in numerous private and institutional collections.&#13;
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                    <text>Grand Valley Journal of History
Veterans History Project Interview
Vietnam
Steve Manthei

Total Time – (01:36:35)

Background
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He was born in Janesville, Wisconsin, on February 13, 1949 (00:31)
His father was policeman and security guard and his mother worked as well
There were three children (01:00)
He grew up in Janesville and spent a lot of time on his grandparents' farm (01:15)
He graduated from Janesville High School in 1967 (01:23)
At this point he was very aware of Vietnam
o He had friends that had already been in Vietnam (01:39)
o It was on the news and in the paper (01:48)
He knew around the tenth grade that he wanted to join the military
o His father had served in the European Theater during World War II
He had a love for horses (02:28)
o He wanted to get hired at the General Motors plant
He got hired at General Motors just out of high school (02:56)
o He worked at General Motors for some time before enlisting because he
needed to get his time in the union so he would have a job when he
returned (03:04)
He was drafted in March of 1969 (03:13)
His reaction to the draft notice was that he was surprised but excited
Men in his family had always “stepped up to the duty” (03:41)
He met a girl before he was drafted and married her

Enlistment/Training – (04:23)
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Once he was drafted he was inducted in Milwaukee, Wisconsin (04:33)
He was then sent to Fort Campbell, Kentucky (04:38)
He had gone through all of his physicals and testing at Milwaukee
o There were some men that would overeat
o He had some questions with his height (05:01)
o There were some men that did not want to go (05:17)
The reception at Fort Campbell was rude

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o It was a different kind of discipline than when he was a kid (05:46)
He was always in good shape and basic training was not that difficult for him
Before boot camp, his father told him, “Roll with the flow.” (06:37)
The training he received was much more rigorous and harsh than his father's
He enjoyed the majority of basic training
There were some of the men that had a difficult time adapting to the levels of
discipline (07:16)
o Those that he knew to only have a single parent were somewhat more
unruly
The men in his platoon were from all over the country (08:06)
o When someone did something out of line, everyone suffered
 There was not a lot of tolerance among the men (08:36)
 They would talk to the soldiers who would make mistakes and tell
them to stop
o There were a couple of men that were held back (09:01)
o One of the men should not have been there
 He was “scared to death” (09:21)
 The mental aspect was extremely difficult
Basic training lasted for eight weeks (09:45)
He hurt himself in one part of training and could not march during graduation
Basic training was the roughest discipline and training that he had ever faced
(10:36)
There were many references to Vietnam during training
o The sergeants and trainers had served in Vietnam
o He was told that he would be given a machine gun because the enemy
would see him from so far away (He was so tall) (10:57)
 He laughed at it then, but there was a lot of truth to it
o There were some platoon sergeants that actually cared about the men
(11:18)
o The trainers emphasized the differences between leaders and boys (11:48)
He is then sent to AIT (Advanced Individual Training) at Fort Polk, Louisiana
(12:14)
He was on limited duty for a month because of his knees
o He was a “gofer” for the men because he could not use his knees
All of the training was geared for Vietnam (13:23)
There were obstacle courses, Escape and Evasion games, and many other
activities
o He grew up in the country – he felt right at home (14:02)
They pressed the men to be able to “take the pain”
They were taught how to deal with the Vietnamese (15:05)
o Most of this came from talking with the platoon sergeants
 His sergeant tried to teach them how to discern who the real
enemies are (15:25)
• His philosophy was that the Vietnamese were afraid of the
NVA

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• He said that the Vietnamese were good people (16:00)
There were trainers that actually cared and those that were doing what they
needed to do to get out of the service (16:28)
He was at Fort Polk during the summer (17:35)
o They were told that it would be similar conditions in Vietnam, only worse
He was designated as Combat Infantry (18:02)
He trained on the M60, 50 Caliber, M14, M16, M45, grenades, and the M39
(18:15)
After AIT he was sent home for thirty days
o He got married while he was at home (19:12)
o He was married on July 31
He was then sent to Fort Lewis, Washington on August 22 (19:41)
o There were only three soldiers that were going to the 101st Infantry
He was only at Fort Lewis for three days (20:26)

Active Duty – Part I – Beginning Experiences and A Shau Valley (20:33)
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From Washington, he traveled to Cam Ranh Bay, Vietnam
o They traveled to Japan before landing in Vietnam (20:51)
o The flights were extremely somber – Everyone knew that not everyone
would return alive (21:07)
They landed at Cam Ranh during the day
o It was extremely hot and smelled bad (21:26)
o He could tell which men had been in Vietnam for any amount of time
because they “looked hard” (21:48)
He received an orientation at Cam Ranh Bay and was then sent to Camp Evans
(22:26)
o Orientation consisted of explaining how operations occurred; they were
told that some of them would not return alive, and simply briefed on the
war
He was assigned to the 101st Airborne Division and traveled to Camp Evans by a
truck (23:13)
When they arrived at Camp Evans, they were welcomed by some and some others
just stared (24:14)
o They were called FNG’s (Fucking New Guys) (24:18)
At this point he was a rifleman (25:12)
o He was told once again that he would be targeted first by the enemy
(25:30)
o The enemy would generally go for the M60 and tall men first – he was
both
He joined the company after two weeks of training – it was roughly September
(26:23)
The 101st Airborne was in the lowlands at this point (26:41)

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o There were a lot of booby traps (26:52)
o His unit was in a firefight twenty-eight days after being there
 They were no longer “cherries” or “FNG’s” (27:06)
His platoon leader was Sgt. White
o His company commander was a wild man
 He was battle tested (27:43)
The first firefight was an ambush by the Americans
o It was extremely short (28:31)
 It was surreal to go up and check the dead bodies to see if there is
any valuable information on them (28:49)
o It was “kill or be killed”
o He had gone from being “a religious kid to a killer” (29:14)
The first comrade that was wounded was difficult to see (29:40)
o Booby traps were extremely dangerous in the lowlands
He was then taken to Eagle Beach in Vietnam (30:37)
o At Eagle Beach they received hot meals, showers, and had shows at night
Captain Hale gave a speech to the men and got them “roarin” (31:02)
He was happy to fight with the men in his unit because he knew that they would
truly fight
The 101st Infantry was notorious for long outings (32:14)
He did not notice any of the men slacking when he first arrived at Camp Evans
(32:27)
Near the end of his tour there was a lot of conflict
When he was operating in the lowlands, they would get to their destinations by
marching or helicopters (33:08)
The 101st Infantry worked its way into the A Shau Valley, Vietnam (33:38)
He was on the first chopper into the A Shau Valley (33:49)
o They lost two men to booby traps in an ambush
When they were moving out, he felt a sniper shot go right past his ear and hit his
comrade in the shoulder (34:21)
He then became an AG (Assistant Gunner)
Before he went to the A Shau Valley, he had been sent home for his
grandmother's funeral (35:12)
o While he was home he found out that his wife had been doing things that
she should not have been and that she squandered all of his money (35:21)
o This happened in November of 1969
Lt. Wallace joined [as platoon leader] shortly after he arrived (36:42)
o Lt. Wallace was reserved, not very aggressive (could be if he had to be),
and he did things more intelligently (36:48)
o He did not rush into things and would sometimes fall back into things and
progress
When they were in the lowlands, they were in control (37:46)
o They “brought the heat all the time”
o They rarely saw the villagers (38:09)
o The ones that he did meet seemed very appreciative of them

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o There were some people that would not talk to them (38:44)
o When they needed to know where the VC were located, they would
simply find the village where the people would not talk to them
There were not many opportunities to participate with the local activities (39:45)
When he first went into the jungle in March, it was a different kind of area for
him (40:31)
o The terrain was extremely rough
o Some of the terrain was extremely beautiful (40:55)
o The soldiers knew that the beautiful scenery was deadly
o There was not a tree that did not have a bullet hole in it (41:08)
When the soldiers woke up in the morning, the first thing they did was burn the
leeches off of their bodies (41:37)
His unit was in the field for over a month at a time
The company split into platoons for the majority of the operations (41:58)
o There were some maneuvers with squads and four man recons (42:19)
He would only be on the recon teams for a couple of days at a time (42:37)
His job was primarily to find the enemy, observe them, and go relay the
information (42:52)
There were procedures to remain silent when in the field (43:09)
o There was not much the soldiers could do for the smell
o The soldiers did not want to make any noise with their materials
o They did not want anyone that snored (43:55)
o Soldiers that smoked had to do it under something
When he joined his platoon there were forty men in it (44:44)
o It was a typical platoon size
His platoon was hit on March 15, 1970 on a hilltop (45:31)
o The next morning a squad was sent over for an ambush
o They fought the enemy for a while
o One of his good friends, Steve, was shot in the head and killed (46:16)
 This incident hit him hard
 He was requested to take Steve home (47:12)
• They were going to be business partners after the war
 When he met his dad, his father wanted to know how his son died
(48:03)
• He told his father that Steve had died quickly (48:11)
 The funeral was extremely surreal (48:45)
 His friend's father gave him a ticket home so that he could see his
family before returning to Vietnam (49:15)
o When he returned home, he and his wife decided to have a child – she
became pregnant (49:49)
While he was gone, Captain Vazquez became the company commander (50:02)
He noticed that his platoon had lost some men while he was gone

Active Duty – Part II – Firebase Ripcord, Firebase O’Reilly, and Hill 902 – (51:40)

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He went to Firebase Ripcord three different times (51:47)
The views from the firebases were incredible (52:09)
When they moved off the firebase and started humping around, the soldiers
realized that they were “in for something” (52:27)
He rejoined his company on Firebase Ripcord
o He was flown in (52:52)
o He was on Ripcord for roughly one week before being sent into the field
The terrain around Firebase Ripcord had many green mounds around it (53:21)
o When he got off of the firebase he realized that it was extremely rugged
He carried five hundred rounds with him for the M60 (53:46)
o He also carried eight grenades, trip wire, flares, and a claymore (54:04)
When they were patrolling they made some contact with the enemy
o It seemed like the enemy was trying to avoid them (54:28)
o They found a freshly dug enemy bunker complex – “It made the hair stand
up on the back of our necks.” (54:33)
Vazquez was then replaced by Hewitt
He is patrolling around Firebase Ripcord for the majority of May and June of
1970 (56:09)
o He is on and off of Ripcord during this time as well
His platoon was not taking any losses during this time (56:26)
o Some men had been lost to booby traps in other platoons
The lifestyle was extremely harsh – the soldiers were in pain every day (57:28)
o Soldiers would basically sleep in mud, deal with disease, and they were
always wet
The night procedures were dictated by the terrain (58:14)
o There were sometimes listening posts, circle types, and sometimes three
man positions
o The soldiers would take turns (58:39)
There was one man on guard that stabbed an ape (59:22)
They would “dig in” on the nights that they believed something was going to
happen (01:00:00)
o The NVA had been known to booby trap holes that had already been dug
They never went through the same place twice (01:00:35)
He remembers the bond and camaraderie that was formed between the soldiers
(01:01:50)
o They would talk about cars, their plans, girls, etc.
He and one another were the oldest men in the platoon (01:02:40)
o They made it a point to take the others under their wing
o They spent a lot of time with the younger men
Prior to occupying Hill 902, his platoon had sent recon up the hill and decided the
route that they would take (01:04:00)
o They took the hardest way up
o When they got to the top, they dug in (01:04:13)

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o It was extremely tense because they knew how many NVA were around
(01:04:31)
o The enemy was sending mortar rounds in the very next morning
(01:04:35)
 They were hitting the back side of Hill 902
They shot a LAW (Light Antitank Weapon) rocket onto the enemy mortar
position (01:04:49)
The shot was “the best shot I have ever seen with a LAWS rocket”
The Americans were told that they had to stay on the hill for a second night
(01:05:23)
o They did not think it was a good idea to stay in the same location for a
second night (01:05:34)
 It was not a very secure area
When the soldiers first arrived on the hill, some were using already dug holes
o He dug his own hole (01:05:56)
The majority of the men were new and had never been tested (01:06:13)
The Americans were strung out
o Troops were not being sent to them as they had previously been (01:06:52)
For the second night, the soldiers put out claymores, trip flares, and all other
weapons ready (01:07:02)
o The soldiers did everything they were supposed to do
He was on guard duty during the night (01:07:48)
o He heard on the radio that the enemy was near
o He went and woke up his platoon commanders (01:08:20)
When he was waking up his commanders, an explosion went off and threw him
down the hill (01:08:26)
Explosions were being caused by RPG’s and everyone opened fire (01:08:43)
o There were more RPG’s than he had ever seen
o He saw a G.I. standing in a spot one second and missing the next second
During the fighting, he got on the radio and told the other line that he needed
Cobra’s and help (01:09:45)
At one point an NVA soldier fell dead beside him – he knew at that moment that
the enemy was in the exact same area as the Americans (01:10:04)
o He popped a hand flare to see where the enemy was
 When he saw where the enemy was, he began throwing grenades
in their direction (01:10:44)
The area that they covered was in a perimeter formation
His platoon was being led by Sgt. Danny Smith (01:12:43)
The firefight lasted for a long time
Once the Cobras came, they were able to see a perimeter that was made with trip
flares (01:13:20)
o The Cobras were told to open fire around the perimeter
After the Cobras came, most of the fighting died down (01:13:53)
Everything was extremely quiet the next morning
There were bodies strung out all the way down the hill (01:14:40)

�•
•
•
•
•
•

•
•
•
•

•
•
•

He realized in the morning that he was not able to hear
o He was shipped to the rear where they met up with Bravo Company
(01:15:14)
He had been hit with smaller pieces of shrapnel during the fighting
He was only in the rear for a couple of days
He was then sent back out and met his company on Firebase O’Reilly (01:17:09)
While on Firebase O’Reilly, they were told to head out to assist Delta Company
being defeated by the NVA (01:17:24)
o They were being sent to Firebase Ripcord area
He was on the last chopper off
o They were supposed to stay overnight but were gassed by the enemy and
forced to move out immediately (01:17:47)
o It was his last combat assault
He had only known that there were men who needed help – he did not know much
more than that (01:19:20)
If the Americans could have received the proper troop replacements and supplies,
he believes they could have driven the enemy back (01:19:56)
After Ripcord was abandoned, there was a lot less activity
There were recon missions where they could see a company go by and they could
not do anything about it (01:20:50)
o The Americans could not radio back while on the missions
o They did not even take a radio on the recon missions (01:21:31)
Near the end of his tour, he began counting down the days before he is done
His last week was spent watching movies, sleeping, counting the days, reflect, etc
(01:22:27)
After his week, he was sent to Cam Ranh Bay (01:23:14)
o The pilot on the plane home asked the men if they wanted to fly over
Vietnam to get one last look
o The amount of men on the plane going home was much fewer than when
he went to Vietnam (01:23:25)

After the Service – (01:23:56)
•
•
•
•
•
•
•

He landed in Oakland, California (01:24:01)
When they landed, they were told to be careful of protestors
He wore his uniform the entire time because he was proud
On his way home he realized that he had lost his envelope with his five hundred
dollars, his pictures, and the addresses of all of his friends (01:24:51)
There was a big banner on his families garage when he returned home
When he returns home he begins at his old job at General Motors (01:25:31)
Before he returned to General Motors, he was forced to finish his service at Fort
Carson, Colorado (01:25:41)

�•

•
•

•

•
•
•
•
•
•

The majority of the time his activities were easy
o He had to play war games when he was there
o Because of this, he began experiencing flash-back nightmares (01:26:07)
o One time he jumped out of bed, swinging and screaming (01:26:13)
o He accidentally hit his wife one time
o When he went to sick call he was told that he had battle fatigue
After Fort Carson, he returned to work at General Motors and owned his own
horse business (01:27:30)
o He won the International Championship
He received a letter from the VA (Veterans Affairs) that denied all of his military
wounds (knees, ears, PTSD) (01:28:01)
o Because of this, many began mocking him and calling him a liar, lazy, etc.
(01:28:29)
He then began having flashback nightmares again (01:29:07)
o He missed one day at work
o When he returned, he was written up
o He was told that he was making up stories from Vietnam (01:30:00)
He called a psychologist and was told that was not able to be helped
His life began falling apart – his marriage was deteriorating, his business was
collapsing, filed for bankruptcy, etc. (01:30:43)
In April of 1974 he met his future wife and turned his life around (01:31:10)
The VA eventually made amends and acknowledged his experiences in Vietnam
(01:32:14)
He is upset about the VA and government not sticking up for the Vietnam
veterans
He does not believe that the military should have drafted men during the war
(01:34:58)
o The Army should be made up of people that want to be there, not just men
who need a job (01:35:24)

�</text>
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