RA-L ONE-FAMILY LAKESHORE RESIDENTIAL DISTRICTS
The RA-L One-Family Lakeshore Residential Districts are designed to maintain and continue existing one-family residential character and density of development. The intent is to ensure land use of predominantly very low-density single-unit dwellings along with residential accessory uses and facilities to serve residents in the districts. These are the most restrictive of the residential districts provided for in this ordinance. The individual districts are as follows:
(a)
The RA-L One-Family Lakeshore Residential District-A shall extend from Martin Road (28690 Jefferson) north, east of Jefferson Avenue, to the north line of Lot 30 of Assessor's Plat No. (30230 Jefferson), and shall be referred to as RA-LA.
(b)
The RA-L One-Family Lakeshore Residential District-B shall extend northward, east of Jefferson Avenue, from the north line of Lot 30 of Assessor's Plat No. (30230 Jefferson) to the north line of Lot 7 of Assessor's Plat No. 36 (33444 Jefferson), except for Lakeview Club Condominium, MCCP No. 260-001 through 019 and shall be referred to as RA-LB.
(c)
The RA-L One-Family Lakeshore Residential District-C shall extend northward, east of Jefferson Avenue, from the north line of Lot 7 of Assessor's Plat No. 36 (33444 Jefferson) to the northerly city limits, and shall be referred to as RA-LC.
(Comp. Ords. 1988, § 15.081(35.13); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)
In all RA-L One-Family Lakeshore Residential Districts, no building or land shall be used and no building shall be erected except for one or more of the principal uses specified as follows unless otherwise provided in this Ordinance:
(1)
One-family detached dwellings.
(2)
Publicly owned and operated libraries, parks, parkways, and recreational facilities.
(3)
Golf course lawfully occupied on the land at the time of this ordinance.
(4)
Cemeteries which lawfully occupied land on or before March 7, 1986.
(5)
Temporary buildings and uses for construction purposes for a period not to exceed one year.
(6)
Home occupations or businesses, subject to the standards of 48-562, Home Occupations or Businesses.
(Comp. Ords. 1988, § 15.082(35.14); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996; further amended by ord. eff. June 21, 2018)
In all RA-L One-Family Lakeshore Residential Districts, accessory buildings/structures and uses shall be permitted as set forth below provided that the accessory buildings/structures and/or uses exist on the same zoning lot or site (if more than one lot comprises the premises) containing the principal use and the principal use is in effect. By way of example, no garage may be used for storage unless a residence exists on the same premises and is being occupied. The following accessory buildings/structures and uses shall be permitted:
(1)
Accessory buildings/structures provided they comply with the provisions set forth in article XIX. Further, for clarification, any one single-family lot or site may contain one accessory building/structure.
(2)
Nameplates and signs as provided in article XIX, section 48-547 et seq., of General Provisions.
(3)
Automobile parking space as required in article XIX, section 48-547 et seq., of General Provisions.
(4)
With respect to riparian property, construction and location of all boatwells, boathouses, and other marine-related structures and the floating of watercraft, which are unique to the type of property, shall be regulated under the Water Resources Ordinance.
(5)
[Repealed effective June 8, 2001.]
(6)
Satellite dish antenna, direct broadcast satellite service (DBS), television broadcast service (TVBS), and multi-channel multi-point distributors service (MMDS) satellite dish antenna for noncommercial use shall be permitted, subject to the following standards:
a.
Only one satellite antenna shall be permitted per lot site (group of lots used together as one residential premises).
b.
Satellite antenna shall not be located where it will block fire lanes or utility easements or pedestrian or vehicular sight lines or obstruct the view from the windows in existing adjoining buildings.
c.
Satellite antenna shall not be located so as to pose or become a hazard to humans and animals.
d.
Satellite antenna one meter (3.2808 feet) or less in diameter shall not be located in a front yard between the house facade and street.
e.
Satellite antenna larger than one meter (3.2808 feet) in diameter shall also comply with the following:
1)
A clearance of at least four feet from the ground up shall be maintained between a satellite antenna and side lot line.
2)
Satellite antenna anchored to the ground shall not exceed one story or 14 feet in height, and shall not be located in a front yard between the house facade and street.
3)
Satellite antenna shall not be located on a roof unless it is determined by the Building Department that the roof is of sufficient structure integrity to hold the structure. Further, no rooftop-mounted antenna shall face a street which is considered to be the road frontage of the lot or site regardless of how the residence has been constructed or placed.
f.
Building and electrical permits shall be obtained prior to construction and/or installation of a satellite antenna. Permit fees shall be established by resolution of Council.
(7)
Radio receiving and/or transmitting antenna towers shall be permitted as accessory uses, provided such towers do not exceed a maximum height of 50 feet, as measured from the established grade, and provided further that the antenna tower is for an amateur radio station licensed by the Federal Communications Commission. Antenna towers for licensed amateur radio stations may be erected up to a maximum height of 75 feet, as measured from the established grade, provided that if the height of the tower is greater than the distance from the center of the base of the antenna tower to any property line, then written permission must first be obtained from at least two-thirds of the adjoining property owners. Antenna towers in RA-L districts shall also meet the following:
a.
No tower shall be located in a front yard, forward of the building line, or within that the yard that abuts the street considered to provide road frontage for the lot or site.
b.
All such freestanding towers shall be of a self-supporting design.
c.
The antenna and tower shall be enclosed with a fence or wall to deter any person from climbing the tower, except for service or repair.
d.
Antenna and tower plans shall be submitted to the Building Official with specifications indicating the ability of the antenna and tower to withstand wind pressure and ice loads, in accordance with the BOCA Building Code adopted by the City of St. Clair Shores.
e.
Proof of insurance shall be submitted indicating protection of adjacent property owners from any damage caused by the antenna or tower.
(Comp. Ords. 1988, § 15.083(35.14A); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996; further amend. eff. June 8, 2001)
The following uses shall be permitted as special land uses in the RA-L One-Family Lakeshore Residential Districts, subject to the standards and requirements set forth therein, and subject to the standards and approval requirements set forth in section 48-561:
1.
Churches and other facilities normally incidental thereto, subject to the following conditions:
a.
Buildings of greater than maximum height allowed in article XVIII, Schedule of Regulations, may be allowed, provided front, side, and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed.
b.
Wherever the off-street parking lot is adjacent to land zoned for residential purposes, a continuous and obscuring wall four feet, six inches in height shall be provided along the sided of the parking area adjacent to the residentially zoned land. The wall shall be further subject to the provisions of article XIX, General Provisions.
c.
The site shall be located as to have at least one property line abutting a major thoroughfare of not less than 86 feet of right-of-way width, either existing of proposed, and all ingress and egress to the site shall be directly onto said major thoroughfare or a marginal access service drive thereof.
2.
Public, parochial and other private elementary, intermediate schools and/or high schools offering courses in general education.
3.
Utility and public service buildings and uses (without storage yards) when operating requirements necessitate the locating of said building within the district in order to serve the immediate vicinity.
4.
Nursery schools, day nurseries and childcare centers in homes providing care to more than six minor children unrelated to a permanent resident of the particular home by blood or marriage or adoption. Such facilities shall have a minimum of 150 square feet of play area for each child so cared for. Such play space shall have a total minimum area of not less than 5,000 square feet and shall be screened from any adjoining lot in any residential district. Any use permitted herein shall not be permitted in the interior of any residential block, and shall be located adjacent to a multiple-family or business district.
5.
Public street, subject to the following standards which are intended to guard against undue interference with the established residential neighborhood and protect the quiet enjoyment of persons residing in existing dwellings in the district:
(1)
Public street right-of-way shall be set back a minimum of 20 feet from the nearest line of any platted lot not included in the land to be served by the proposed street.
(2)
Any public street right-of-way proposed closer than 40 feet to the nearest lot line of any platted lot shall require installation of a five-foot-high permanent masonry screen wall along the entire length of the area where the right-of-way and nearest lot lines are less than 40 feet. Said screen wall shall be finished with brick or cut field stone on each side and shall be staggered as to horizontal alignment to create visual interest.
(3)
Any public street right-of-way proposed within 60 feet of the nearest lot line of any platted lot not included in the land to be served shall require evergreen plant materials of a density, spacing and average height which will form a continuous visual screen and sound barrier. The approving body for special land uses shall require submission of planting plans and cross sections of sufficient detail so as to be able to ascertain the effectiveness of the proposed visual screen.
(4)
A performance bond shall be required which shall be equal to value of screen wall and each planting screen.
(Comp. Ords. 1988, § 15.084(35.15); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)
See article XVIII, Schedule of Regulations limiting the height and bulk of buildings, the minimum size of lot permitted by land use, the maximum density permitted, and providing minimum yard setback requirements.
(Comp. Ords. 1988, § 15.085(35.16); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)
RA-L ONE-FAMILY LAKESHORE RESIDENTIAL DISTRICTS
The RA-L One-Family Lakeshore Residential Districts are designed to maintain and continue existing one-family residential character and density of development. The intent is to ensure land use of predominantly very low-density single-unit dwellings along with residential accessory uses and facilities to serve residents in the districts. These are the most restrictive of the residential districts provided for in this ordinance. The individual districts are as follows:
(a)
The RA-L One-Family Lakeshore Residential District-A shall extend from Martin Road (28690 Jefferson) north, east of Jefferson Avenue, to the north line of Lot 30 of Assessor's Plat No. (30230 Jefferson), and shall be referred to as RA-LA.
(b)
The RA-L One-Family Lakeshore Residential District-B shall extend northward, east of Jefferson Avenue, from the north line of Lot 30 of Assessor's Plat No. (30230 Jefferson) to the north line of Lot 7 of Assessor's Plat No. 36 (33444 Jefferson), except for Lakeview Club Condominium, MCCP No. 260-001 through 019 and shall be referred to as RA-LB.
(c)
The RA-L One-Family Lakeshore Residential District-C shall extend northward, east of Jefferson Avenue, from the north line of Lot 7 of Assessor's Plat No. 36 (33444 Jefferson) to the northerly city limits, and shall be referred to as RA-LC.
(Comp. Ords. 1988, § 15.081(35.13); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)
In all RA-L One-Family Lakeshore Residential Districts, no building or land shall be used and no building shall be erected except for one or more of the principal uses specified as follows unless otherwise provided in this Ordinance:
(1)
One-family detached dwellings.
(2)
Publicly owned and operated libraries, parks, parkways, and recreational facilities.
(3)
Golf course lawfully occupied on the land at the time of this ordinance.
(4)
Cemeteries which lawfully occupied land on or before March 7, 1986.
(5)
Temporary buildings and uses for construction purposes for a period not to exceed one year.
(6)
Home occupations or businesses, subject to the standards of 48-562, Home Occupations or Businesses.
(Comp. Ords. 1988, § 15.082(35.14); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996; further amended by ord. eff. June 21, 2018)
In all RA-L One-Family Lakeshore Residential Districts, accessory buildings/structures and uses shall be permitted as set forth below provided that the accessory buildings/structures and/or uses exist on the same zoning lot or site (if more than one lot comprises the premises) containing the principal use and the principal use is in effect. By way of example, no garage may be used for storage unless a residence exists on the same premises and is being occupied. The following accessory buildings/structures and uses shall be permitted:
(1)
Accessory buildings/structures provided they comply with the provisions set forth in article XIX. Further, for clarification, any one single-family lot or site may contain one accessory building/structure.
(2)
Nameplates and signs as provided in article XIX, section 48-547 et seq., of General Provisions.
(3)
Automobile parking space as required in article XIX, section 48-547 et seq., of General Provisions.
(4)
With respect to riparian property, construction and location of all boatwells, boathouses, and other marine-related structures and the floating of watercraft, which are unique to the type of property, shall be regulated under the Water Resources Ordinance.
(5)
[Repealed effective June 8, 2001.]
(6)
Satellite dish antenna, direct broadcast satellite service (DBS), television broadcast service (TVBS), and multi-channel multi-point distributors service (MMDS) satellite dish antenna for noncommercial use shall be permitted, subject to the following standards:
a.
Only one satellite antenna shall be permitted per lot site (group of lots used together as one residential premises).
b.
Satellite antenna shall not be located where it will block fire lanes or utility easements or pedestrian or vehicular sight lines or obstruct the view from the windows in existing adjoining buildings.
c.
Satellite antenna shall not be located so as to pose or become a hazard to humans and animals.
d.
Satellite antenna one meter (3.2808 feet) or less in diameter shall not be located in a front yard between the house facade and street.
e.
Satellite antenna larger than one meter (3.2808 feet) in diameter shall also comply with the following:
1)
A clearance of at least four feet from the ground up shall be maintained between a satellite antenna and side lot line.
2)
Satellite antenna anchored to the ground shall not exceed one story or 14 feet in height, and shall not be located in a front yard between the house facade and street.
3)
Satellite antenna shall not be located on a roof unless it is determined by the Building Department that the roof is of sufficient structure integrity to hold the structure. Further, no rooftop-mounted antenna shall face a street which is considered to be the road frontage of the lot or site regardless of how the residence has been constructed or placed.
f.
Building and electrical permits shall be obtained prior to construction and/or installation of a satellite antenna. Permit fees shall be established by resolution of Council.
(7)
Radio receiving and/or transmitting antenna towers shall be permitted as accessory uses, provided such towers do not exceed a maximum height of 50 feet, as measured from the established grade, and provided further that the antenna tower is for an amateur radio station licensed by the Federal Communications Commission. Antenna towers for licensed amateur radio stations may be erected up to a maximum height of 75 feet, as measured from the established grade, provided that if the height of the tower is greater than the distance from the center of the base of the antenna tower to any property line, then written permission must first be obtained from at least two-thirds of the adjoining property owners. Antenna towers in RA-L districts shall also meet the following:
a.
No tower shall be located in a front yard, forward of the building line, or within that the yard that abuts the street considered to provide road frontage for the lot or site.
b.
All such freestanding towers shall be of a self-supporting design.
c.
The antenna and tower shall be enclosed with a fence or wall to deter any person from climbing the tower, except for service or repair.
d.
Antenna and tower plans shall be submitted to the Building Official with specifications indicating the ability of the antenna and tower to withstand wind pressure and ice loads, in accordance with the BOCA Building Code adopted by the City of St. Clair Shores.
e.
Proof of insurance shall be submitted indicating protection of adjacent property owners from any damage caused by the antenna or tower.
(Comp. Ords. 1988, § 15.083(35.14A); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996; further amend. eff. June 8, 2001)
The following uses shall be permitted as special land uses in the RA-L One-Family Lakeshore Residential Districts, subject to the standards and requirements set forth therein, and subject to the standards and approval requirements set forth in section 48-561:
1.
Churches and other facilities normally incidental thereto, subject to the following conditions:
a.
Buildings of greater than maximum height allowed in article XVIII, Schedule of Regulations, may be allowed, provided front, side, and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed.
b.
Wherever the off-street parking lot is adjacent to land zoned for residential purposes, a continuous and obscuring wall four feet, six inches in height shall be provided along the sided of the parking area adjacent to the residentially zoned land. The wall shall be further subject to the provisions of article XIX, General Provisions.
c.
The site shall be located as to have at least one property line abutting a major thoroughfare of not less than 86 feet of right-of-way width, either existing of proposed, and all ingress and egress to the site shall be directly onto said major thoroughfare or a marginal access service drive thereof.
2.
Public, parochial and other private elementary, intermediate schools and/or high schools offering courses in general education.
3.
Utility and public service buildings and uses (without storage yards) when operating requirements necessitate the locating of said building within the district in order to serve the immediate vicinity.
4.
Nursery schools, day nurseries and childcare centers in homes providing care to more than six minor children unrelated to a permanent resident of the particular home by blood or marriage or adoption. Such facilities shall have a minimum of 150 square feet of play area for each child so cared for. Such play space shall have a total minimum area of not less than 5,000 square feet and shall be screened from any adjoining lot in any residential district. Any use permitted herein shall not be permitted in the interior of any residential block, and shall be located adjacent to a multiple-family or business district.
5.
Public street, subject to the following standards which are intended to guard against undue interference with the established residential neighborhood and protect the quiet enjoyment of persons residing in existing dwellings in the district:
(1)
Public street right-of-way shall be set back a minimum of 20 feet from the nearest line of any platted lot not included in the land to be served by the proposed street.
(2)
Any public street right-of-way proposed closer than 40 feet to the nearest lot line of any platted lot shall require installation of a five-foot-high permanent masonry screen wall along the entire length of the area where the right-of-way and nearest lot lines are less than 40 feet. Said screen wall shall be finished with brick or cut field stone on each side and shall be staggered as to horizontal alignment to create visual interest.
(3)
Any public street right-of-way proposed within 60 feet of the nearest lot line of any platted lot not included in the land to be served shall require evergreen plant materials of a density, spacing and average height which will form a continuous visual screen and sound barrier. The approving body for special land uses shall require submission of planting plans and cross sections of sufficient detail so as to be able to ascertain the effectiveness of the proposed visual screen.
(4)
A performance bond shall be required which shall be equal to value of screen wall and each planting screen.
(Comp. Ords. 1988, § 15.084(35.15); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)
See article XVIII, Schedule of Regulations limiting the height and bulk of buildings, the minimum size of lot permitted by land use, the maximum density permitted, and providing minimum yard setback requirements.
(Comp. Ords. 1988, § 15.085(35.16); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)