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Clarkston Village


ORDINANCE NO. 129-3 TO PROVIDE FOR LAKE ACCESS REGULATION OF PROPERTY



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December 21, 2011 - ORDINANCE NO. 129-3

AN ORDINANCE TO AMEND THE CITY OF THE VILLAGE OF CLARKSTON ZONING ORDINANCE NO. 129 TO PROVIDE FOR LAKE ACCESS REGULATION OF PROPERTY WITHIN THE LIMITED USE OVERLAY DISTRICT

THE CITY OF THE VILLAGE OF CLARKSTON ORDAINS:

Section 1:01. Article XXV, Special Land Uses, Section 25.10.B.35.f is amended to substitute the following:

f. Uses and Activities for Property Abutting a Water Body.

Purpose: The water bodies situated in the City are small, with relatively low environmental and recreational carrying capacities, and may be adversely affected by the introduction of new and significant use. Accordingly, considering that the subject property is situated in a single family neighborhood, if the subject property abuts a water body such as a natural or artificial lake, pond, or stream, the exercise of riparian rights and any other access shall be compatible with use and activities similar to normal and customary single-family residential use. If the predominant use of the subject property is approved as non-residential, the standards set forth herein regarding water body access regulation are deemed to be important and necessary in order to balance the interests of the owner of the overlay approved property and people in the neighborhood and the waterfront residents on the water body.

In the application of these regulations, the following restrictions shall apply:

1) "Access" for purposes of this section shall mean access to the water body for swimming, fishing, boating, or any other recreational or non-recreational purpose.

2) Not more than one permanent or seasonal dock of not more than twenty-five (25) feet in length and eight (8) feet in width may be established. Not more than one (1) off-shore raft with dimensions not to exceed one hundred (100) square feet shall be permitted. For purposes of this section, "dock" means a platform structure extending from the area of the normal high water mark of the water body into the water, intended to provide access for swimming and fishing. A dock permitted under this section shall not be used for the mooring of more than two (2) watercrafts. No other watercraft may be stored on or launched from the property or moored off the shore of the property.

3) Residential Users. If an approved special land use authorizes Access for residential users, Access shall be limited to full time residents of the property; such residents' family; and their occasional guests accompanied by a resident.

4) Non-Residential Users.

(a) It is the intent of this ordinance to permit non-residential Access which is no more intense than the customary usage of a single-family residence on the particular water body considering average seasonal use and customary holiday usage.

(b) Access for a non-residential use shall be restricted to a business that is the exclusive and single user of the property subject to the following restrictions:

(i) The use shall not create a nuisance to residences in the neighborhood or on the water body.

(ii) The following persons are authorized to have Access:

(A) If a business entity owns the business, the natural person who is the principal owner of the business entity with more than a 50% interest in the business entity (the "Principal Owner");

(B) The Principal Owner's family;

(C) Occasional guests of the Principal Owner, accompanied by the Principal Owner or a member of the Principal Owner's family;

(D) Individuals who work at the business on the property; and

(E) Occasional business guests of individuals who work at the business on the property, who must be accompanied by either the Principal Owner or by an individual who works at the business on the property.

(iii) Access under subparagraphs (ii)(D) and (E) is limited to sunrise to sunset.

(iv) If, following approval for such a user, the building becomes occupied by more than a single non-residential user, the Access approval shall thereupon expire and be of no effect to all persons.

5) The permission in this section is subject to any other more restrictive ordinance and law.

Section 2:01. Savings Clause:

All pending proceedings and all existing rights and liabilities acquired or incurred at the time this ordinance takes effect are saved and may be consummated according to the law when they were commenced.

Section 3:01. Repealer Clause.

All ordinances or pails of ordinances and policies of the city in conflict with the provisions of this ordinance are repealed to the extent necessary to give this ordinance full force.

Section 4:01. Severability Clause.

If a court declares any part of this ordinance to be invalid or unenforceable, that shall not effect the validity or enforceability of the balance of this ordinance.

Section 5:01. Effective Date.

This ordinance is effective 20 days after publication.

Adopted by the City Council of the City of the Village of Clarkston on 12-12-2011.

CERTIFICATE OF CLERK

Kelly Richter, Clerk of the City of the Village of Clarkston, Michigan, certifies that this is a true and correct copy of an ordinance adopted by the City Council of the City of the Village of Clarkston at a regular meeting on December 12, 2011

Kelly M. Richter, City Clerk

Published: 12/21/2011

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