Grosse Ile Township
City Zoning Code
City Zoning Code
ARTICLE 17
Waterfront Provisions
[Ord. No. 257, effective 4-18-1999]
285-17.1 Intent.
The purpose of this article is to regulate dredging and shoreline filling and the construction of waterfront structures and appurtenances along, abutting upon or extending into the Detroit River, canals and waterways in the Township in order to:
Promote public health, safety, and general welfare;
Encourage the use of lands, waterways and natural resources in the Township in accordance with their character and adaptability;
Provide for the orderly development of the Township;
Protect and enhance the values of the waterways within the Township;
Protect the economic value of this scenic resource from unwise and disorderly development which may adversely pollute, destroy or otherwise impair its beneficial use and preservation;
Protect boating, recreational values and uses of the waterways;
Reduce hazards to life and property;
Limit use of the shore to passive recreation and access to the water that does not interfere with reasonable use of the waters by other riparian owners;
Prevent ecological and aesthetic damage to the Township's shorelines and waterways which may result from overcrowding and overuse;
Preserve and maintain the scenic views of the shoreline and further promote scenic views of the waterways as the predominant waterfront characteristic;
Establish the location and size of waterfront structures which may hereafter be erected or altered; and
Provide rules and regulations for the construction of such waterfront structures.
285-17.2 Scope of application.
The regulations set forth in this article shall apply to all waterfront areas located between the building line and pierhead line along the Detroit River, and all interior canals and waterways.
The placement of aids to navigation and regulatory markings which are approved by and installed in accordance with the requirements of the United States Coast Guard are specifically exempt from the permit requirements of this article.
285-17.3 Permitted uses.
Principal uses and special land uses are identified within each zoning district.
Waterfront structures and appurtenances are a permitted accessory use to a permitted principal use of waterfront property provided the use is limited to recreational and personal use of the principal user (occupant) and family members residing with the principal user of the property. No structure will be approved without an existing primary structure on the parcel.
The use of a waterfront yard within 25 feet of the shoreline for composting or the disposal of yard waste shall be prohibited.
285-17.4 Waterfront requirements.
The following requirements apply to all waterfront structures and appurtenances:
Waterfront structures and appurtenances.
[Amended 4-8-2013 by Ord. No. 13-001]
Permitted structures and appurtenances.
The following structures and appurtenances shall be permitted, provided that, individually or collectively, the structure(s) and appurtenance(s) shall not be closer than six feet to a side lot line, and provided further that such structure(s) and appurtenance(s) shall be installed so that the boat lifted, stored, docked or moored is a minimum of six feet from any side lot line:
Lifting devices, including the structures and appurtenances listed under Subsection A(1)(a)[3], [4] and [6] above, shall be prohibited in the R-1-F District.
A maximum of two uncovered and unenclosed boat ports/wells are permitted per residential lot, and shall be designed and constructed as a unit.
A maximum of two hoists or other out-of-water lifting devices are permitted per residential lot, and shall be designed and constructed as a unit.
All piers, pilings, or other construction in, over or upon any waterway in the Township shall be constructed to leave a minimum of 30 feet clearance and right-of-way for the free passage of watercraft, measured a minimum of 15 feet in a perpendicular direction from the center line of the navigable channel or the center of the waterway, whichever distance is less.
Waterfront structures located along the shore of any interior canal shall not extend into the canal more than 12 feet from the shoreline (excluding cut-in wells).
Bulkheads or seawalls are permitted, provided they meet the requirements of the MDEQ and the ACOE and subject to the requirements of § 285-17.4E.
Applications to construct waterfront structures and appurtenances shall be subject to review, and approval procedures outlined in § 285-17.5A, herein.
All permitted structures and appurtenances shall be kept safe, secure and in good repair.
All lighting attached to waterfront structures shall be limited to 100 watts, except in the R-1-F District where the maximum shall be 60 watts, and shall be downward directed and shielded so as to not cast light on adjacent lots or public roadways.
Storage of any boats, vehicles, or materials other than construction materials relating to an approved permit is not permitted between the shoreline and East River Road, south of Horsemill and north of Manchester; between the shoreline and West River Road, south of Horsemill and north of Groh Road.
Driveways, loading areas, parking lots, parking areas, or parking spaces shall not be permitted between the shoreline and East River Road, south of Horsemill and north of Manchester; between the shoreline and West River Road, south of Horsemill and north of Groh Road.
Number of boats and structures.
The allowable accessory use of the waterfront shall be limited to the mooring of not more than one boat and one personal watercraft for every 33 feet of water frontage to a maximum of three boats and three personal watercraft. Boats that are carried on a larger boat and not moored in the water (e.g., a dinghy carried on a larger boat) shall not be counted towards the maximum number of allowable boats. Such accessory use of the waterfront shall meet the requirements of § 285-17.3.
Any storage or dockage of four or more boats shall be considered a boat club, allowed only after special land use approval in the R-1-A, R-1-B, R-1-D, R-2 and R-3 Districts, and subject to the regulations set forth in Article 3, Single-Family Residential Districts, and approval requirements set forth in Article 22, Special Land Use Review. A boat club shall require a marina operating permit from the Michigan Department of Environmental Quality. Such permit shall be issued and a copy provided to the Township prior to the Township taking action on the special land use.
The rafting or anchoring of boats within 15 feet of the middle of the navigable channel shall be prohibited.
Swimming pools. Except in the R-1-F District, where such structures are prohibited, swimming pools in waterfront yards shall be permitted as an accessory use to a principal use, subject to Chapter 241, Swimming Pools, yard and bulk regulations of the zoning district, and the following conditions:
[Amended 4-8-2013 by Ord. No. 13-001]
Only belowground swimming pools shall be permitted in the yard facing the waterfront on lots which front on either the Detroit River or a canal.
Proposed swimming pools shall be subject to the requirements and procedures as set forth in § 285-17.5. In reviewing a plan for a proposed swimming pool and related improvements, including landscaping, the following shall be considered:
All pools and related improvements must maintain minimum setbacks of 10 feet from any property line, and 25 feet from the shoreline.
The total of all improvements constructed in a waterfront yard, including the pool enclosed by a fence, shall not exceed thirty-percent coverage of the waterfront yard.
The pool shall not be constructed within a floodway as defined by federal flood insurance regulations.
All mechanical and support equipment shall be located on the side of the pool nearest to the principal structure and shielded from view of neighboring properties.
The design and size of the proposed pool shall minimize the impact on existing natural and man-made features of the site and adjoining properties.
Pool fencing shall be provided to completely enclose the pool and shall be located not more than 10 feet from the perimeter of the pool. Pool fences shall be four feet above the natural grade at its base. Fences shall be nonobscuring in nature. All pool fences shall also meet the requirements of Chapter 241, Swimming Pools.
The placement of the pool and related improvements, including landscaping, shall not obscure the view to open water from any adjoining residence.
Clear vision triangles. Each lot shall maintain clear vision triangles along both side lot lines between the average shoreline setback and the shoreline as described below. Within such clear vision triangles, the planting of a continuous row of shrubs, evergreen trees or other vegetation that obscures views along the shoreline (e.g., hedgerow or green fence) shall not be permitted. Such triangles shall be bounded by the following sides, as illustrated in Figure 17:
Shoreline fill, dredging and construction of bulkheads or seawalls. Construction of bulkheads or seawalls along the Detroit River and all interior canals and waterways shall be permitted, subject to the following conditions:
Any fill, dredging, or construction shall not extend beyond the bulkhead line as established by review of the Michigan Department of Environmental Quality.
In no case shall shoreline fill, dredging, or construction of bulkheads or seawalls impede the natural flow of water or obstruct the access of boaters to deeper waters.
No bulkhead, seawall or fill shall project beyond an existing bulkhead, seawall or shoreline in such a manner as to interfere with the normal flow of water, result in the deposit of debris, or cause a hindrance to navigation.
Proposed fill shall avoid the appearance of being "added on." Any extension of land shall blend into the existing shoreline in a natural appearing manner.
Applications for shoreline fill, dredging, or construction of bulkheads or seawalls shall be subject to review and approval procedures outlined in § 285-17.5 herein.
Prior to the final inspection of the project for shoreline filling or construction of bulkheads or seawalls, the land shall be graded and seeded so as to provide proper drainage within the applicant's property, away from buildings, and to leave the surface fit for other land uses permitted in the district. The grade must be established within 90 days of the completion of construction.
285-17.5 Notification and review procedures.
Applications to construct any waterfront structures or appurtenances permitted by this article, to fill along the shoreline, to construct, repair, or demolish a bulkhead or seawall or to dredge any waterway shall be subject to the following public hearing, review, and approval procedures:
Waterfront application. Applications shall be accompanied by two sets of sketch plans, drawn to a scale of one inch equals 20 feet or greater scale, which shall show the following information:
Existing bulkheads, seawalls, waterfront structures and appurtenances on the property, adjacent to the applicant's property and across the navigable channel within 200 feet of the proposed structures, appurtenances, or docks and the location of the boat to be lifted, docked or moored.
The following information regarding the channel:
The approximate depth of water along the shore;
The width and center of the channel, measured between the shorelines or any protruding waterfront structures;
The approximate location, width and depth of the navigable channel; and
The relation of existing rights-of-way for free passage of watercraft on canals and interior waterways.
Designation of all property lines along with the method used to verify the location of the property lines.
Proposed structures, appurtenances, docks, bulkheads or seawalls and the location of the boat to be lifted, stored, docked or moored.
Location of any proposed alteration to topography of waterfront land and the quantities and type of shoreline fill materials, if proposed.
Time frame for completion of the project.
The name and address of each adjoining property owner.
Where shoreline fill or construction of new bulkheads or seawalls (not including repair or replacement of existing bulkheads or seawalls in same location) is proposed, cross sections and topography at two-foot contour intervals, referenced to United States Lake Survey and USGS benchmarks, shall be provided for existing and proposed topography of waterfront land, proposed grades to adjoining property, and the depth of water along the shore.
Where dredging is proposed or where the location of the center of the navigable channel deviates by more than 15 feet from the center line of the channel (measured between the shoreline or protruding waterfront structures), cross sections and topography at two-foot contour intervals, referenced to United States Lake Survey and USGS benchmarks, shall be provided for the location, width and depth of the navigable channel.
Application for a waterfront structure, shoreline fill or construction of bulkheads or seawalls shall be referred to the Michigan Department of Environmental Quality, Wayne County Soil and Sedimentation and United States Army Corps of Engineers for approval. No Township permit shall be issued without verification of receipt of the above permits.
Application fee.
Public review procedure.
[Amended 4-19-2012 by Ord. No. 12-02; 5-9-2022 by Ord. No. 22-02]
In the case of waterfront applications for permits, and only after the receipt by the Township of Michigan Department of Environmental Quality, Wayne County Soil and Sedimentation, and United States Army Corps of Engineers approvals, the Zoning Administrator shall send a notification to each property owner within 500 feet along the waterway and along both sides if it is a channel internal to the Township, advising them of the application, its availability for review for a twenty-one-calendar-day period, and that they may request review by the Planning Commission within 21 calendar days of the date of the notice. The Zoning Administrator may also refer an application to the Planning Commission where it is unclear if the application meets the requirements of this chapter.
Review procedure. If no request is made for a hearing during the notification period, the Zoning Administrator shall take action on the application, except that the Planning Commission sketch plan approval, as outlined in Article 21, shall be required for the following:
Applications to establish a pierhead affecting more than a single lot;
Proposals for waterfront development where Planning Commission review is specifically required;
Applications for waterfront development that are referred to the Planning Commission by the Zoning Administrator at the request of a property owner or for a determination of compliance with this chapter; and
Joint applications involving more than one owner or one parcel.