§ 58.977. General Regulation of Dock Construction and Repair.

(A)

No permit for dock construction or repair shall be issued by the City unless there exists a conforming principal structure upon the upland parcel to which the dock is attached.

(B)

Only one dock shall be permitted per upland parcel. Notwithstanding the foregoing, if an upland parcel has access to two separate waterbodies which are not connected by a navigable waterbody, such upland parcel may have one dock in each waterbody.

(C)

No dock shall extend further into a waterbody than where a reasonable water depth for a single vessel mooring is achieved, and in no event shall such depth exceed five (5) feet during normal hydrological conditions unless existing natural conditions of the waterbody necessitate a greater water depth to allow safe mooring conditions.

(D)

All dock construction and repair shall be conducted in a manner which minimizes adverse impacts to wetlands and the waterbody.

(E)

There shall be no dredging or filling associated with the construction or repair of a dock unless conducted in accordance with a valid dredge and fill permit issued by the City Engineer in accordance with Chapter 65, Part 6, Subpart 6A of this Code.

(F)

No dock shall be constructed or repaired in a manner which adversely affects the rights of other persons to use or access the waterbody.

(G)

No dock shall be constructed or repaired within any public or City easement unless written authorization for such action is issued by the City.

(H)

No dock shall be used for residential purposes.

(I)

The terminal platform square footage, exclusive of any uncovered mooring areas, shall not exceed the following thresholds:

1.

Ten (10) times the linear shoreline frontage for the first 75 feet of shoreline;

2.

Five (5) times the linear shoreline frontage for each foot in excess of 75 feet of shoreline;

3.

A total of 1,000 square feet, except as otherwise permitted by this Subpart.

(J)

No access walkway shall exceed five (5) feet in width.

(K)

Access walkways which traverse a wetland shall be elevated a minimum of three (3) feet above the ground surface or to the level deemed necessary by the Building Official in order to minimize or avoid adverse impacts to wetlands.

(L)

No dock floor elevation shall be less than one (1) foot above the HWE.

(M)

No dock roof shall be higher than twelve (12) feet above the floor elevation.

(N)

No dock shall include fish-cleaning stations, wet bars, living quarters, or other similar facilities.

(O)

No portion of any dock may be completely or partially enclosed except for screen enclosures and permitted storage lockers.

(P)

All docks and mooring areas shall have a minimum side setback from the actual or projected property line equivalent to the side yard setback required of a principal structure within that zoning district.

(Q)

In the event that the projected property lines of a parcel converge due to the irregular shape of the upland parcel and such convergence precludes satisfaction of the setback requirements stated in sub-section (P) above, the dock may be built to a setback of five (5) feet from the projected property line.

(R)

Storage lockers of less than 100 cumulative cubic feet may be allowed on private docks.

(S)

No storage locker shall be used to store boat maintenance or repair equipment or materials, fuel, fueling equipment, hazardous materials or hazardous wastes.

(T)

Boat mooring may occur at the terminus of any dock. If a dock has a minimum setback of 20 feet from all adjacent actual or projected property lines, mooring may also occur on either side of the dock. If there is not a minimum setback of 20 feet from all adjacent actual or projected property lines, mooring may occur on the side of the dock which has the greatest distance between the dock and the adjacent or projected side yard property line.

(Ord. of 1-24-2005, § 20, Doc. #050124909; Ord. of 3-9-2009, § 2, Doc. #0903091102)