The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Boat well means a designated space over water used for the tying or mooring of watercraft. A boat well may be designated space between land and a dock, between a dock and a second dock or between a dock and a pier.

Centerline of canal orwaterway shall be a line equidistant from property lines on the opposite sides of the canal or waterway.

Dock means a pier or structure, either built over or adjacent to a body of water and usually supported by piles, said structure being used as a means of entrance or exit from watercraft and for the tying, securing or anchoring of watercraft thereto.

Recessed boat well means a designated space over water which is located within the shoreline with land abutting on two or more sides, which is used for tying or mooring of watercraft.

Shoreline of a canal shall be the boundary line of the adjacent property except as follows:

(1)

Retaining walls of a permanent nature or structure existing at the date of adoption of the ordinance from which this article is derived (May 25, 1959) which extend beyond the property line and which are more or less parallel to the property line shall be considered as the shoreline.

(2)

The shoreline of a waterfront lot located adjacent to a lot with an existing retaining wall shall be a line beginning at the corner of the existing retaining wall and extending to a corner of the far width of the lot.

(3)

Where lots without retaining walls are located between property with existing retaining wall and are not more than 150 feet apart between property lines, a continuous line approximately parallel to the property line, connecting the corners of the existing retainer walls shall be considered as the shoreline.

(Code 1969, § 5.91; Code 1977, § 28-148)

A width of not less than 60 feet in all canals and waterways, the center of which shall be equidistant from the opposite property lines, shall remain open and unobstructed.

(Code 1969, § 5.92; Code 1977, § 28-149; Ord. No. 232, 1-26-1998)

(a)

For the purposes of determining conformance to this section, a boundary survey of a lot on which a boat dock, structure, and/or boat well is proposed shall be required as part of the building permit application. In addition to other information required as part of the building permit application, said survey shall identify edge of water, sea walls, and property lines.

(b)

A boat dock, structure, and/or boat well shall, together with moored watercraft, not extend into the canal or waterway more than 35 feet as measured at right angles to the property line furthest from the roadway; and, subject to the other provisions of this chapter.

(c)

A boat dock, structure, and/or boat well shall be built so as to provide access thereto without traversing into the waterway of an adjoining property. Said boat dock, structure, or boat well, together with moored watercraft, shall not interfere with or obstruct the use of a boat dock, structure, or boat well of an adjoining property.

(d)

Enclosing a boat dock, structure, or boat well with sides, or enclosing ends, is prohibited.

(e)

In addition to the requirements noted in subsections (a), (b), (c), and (d) of this section, on lots 52 to 99, inclusive, of Horse Island Subdivision, all boat docks, structures, and/or boat wells shall not extend into the canal or dredge cut more than 25 feet measured at right angles to the proposed property line furthest from the roadway as shown on a drawing entitled "Proposed Replat of Lots 52 to 99, inclusive, Horse Island Subdivision, L. 44, P. 34 W.C.R." as prepared by Leslie A. Doan, Civil Engineer, and dated November 14, 1958.

(f)

Appeals from decisions of the administrative officer pursuant to section 44-255 and/or this section, as well as requests for variances from section 44-255 and/or this section, shall be submitted to the board of zoning appeals. In making its decision, the board shall be guided by section 44-255 and/or this section, as well as all other applicable sections of the Code. In no case shall the board of zoning appeals be permitted to overturn a decision of the administrative officer, or to grant a variance, which would result in obstruction of navigation. The decision of the board on appeals and variances shall be final.

(Code 1969, § 5.93; Code 1977, § 28-150; Ord. No. 95, 6-14-1976; Ord. No. 232, 1-16-1998; Ord. No. 248, § 1, 11-9-1998; Ord. No. 280, § 1, 8-13-2001)

(a)

The construction, use of docks, waterfront structures, and boat wells on any lot is subject to the zoning classification and restrictions as imposed by this chapter, provided, however, such construction and use is permissible either as a principal or accessory use as therein defined.

(1)

A dock, waterfront structure, or boat well may be constructed and maintained as a principal use only on waterfront lots where there is not sufficient land above the mean water level to construct any type of habitable structure permitted by this chapter and where such lot is adjacent to another lot owned by the same owner upon which a habitable principal structure permitted by this chapter presently exists.

(2)

The term "adjacent to" shall be interpreted to include any lot which would otherwise be contiguous with a waterfront lot but for a public roadway which separates the two lots and where both lots have common ownership.

(3)

As a condition precedent to the issuance of a permit to build such structures as are permitted by this article on waterfront lots separated from the "adjacent to" lot by a roadway, the owners thereof shall give to the city by a recordable instrument in writing a covenant providing in substance as follows:

"COVENANT.

In consideration of the City of Gibraltar issuing a building permit for the construction of a dock, or boat well or other waterfront structure on Lot _____, ___________ Subdivision, in said City, the undersigned Grantors hereby grant to the said City of Gibraltar a covenant running with the land that said Lot _____ of said subdivision may only be transferred by said Grantors, their heirs, successors and assigns, together with Lot _____ of said subdivision so as to preserve a common ownership of both lots so long as the dock or boat well or other waterfront structure constructed pursuant to such building permit is maintained thereon."

(b)

Construction of marine railways is not permitted on any residential waterfront lot in the city.

(Code 1969, § 5.94; Code 1977, § 28-151; Ord. No. 95, 6-14-1976; Ord. No. 247, § 28-151, 9-14-1998)

(a)

All docks, waterfront structures, boat wells and marine railways shall be maintained and kept in a good state of repair.

(b)

Wrecked, broken or derelict boats shall not remain docked, moored, harbored, anchored or otherwise left afloat or submerged within the city limits in excess of ten days from the date of shipwreck or harborage, after registered notice is duly mailed to the owner thereof, and within which time the owner shall remove the boat from the water. Upon failure to comply with such requirements the city may remove the boat from the water and assess the owner the cost thereof, and/or owner of abutting land in accordance with section 11.11 of the city Charter where such may apply, without responsibility on the part of the city, its agents or assigns, for any damages to said boats resulting from removal from the canals and waterways.

(Code 1969, § 5.95; Code 1977, § 28-152)

Editor's note— Ord. No. 407, Art. I, adopted Sept. 23, 2019, repealed § 44-259, which pertained to storage and derived from the Code of 1969, § 5.96; and the Code of 1977, § 28-153.

(a)

No dock, waterfront structure, boat wells and marine railways shall hereafter be erected, moved or altered until a permit shall have been obtained upon the written application by the owner thereof from the building inspector.

(b)

The written application by the owner shall clearly show compliance with the provisions of this chapter.

(Code 1969, § 5.97; Code 1977, § 28-154)

The following uses are prohibited:

(1)

Any commercial use of a residential waterfront lot.

(2)

Recessed boat wells.

(3)

The use of a boat when moored or stored for residential living quarters.

(4)

The depositing, placing, scattering or throwing of any waste material, rubbish, brush, branches or trees, papers, debris, garbage, refuse and solids in any canal, waterway or river within the limits of the city.

(Code 1969, § 5.98; Code 1977, § 28-155)

(a)

Lot line, waterfront. The original plat line of a lot facing or adjacent to the Detroit River, Brownstown Creek, Frank and Poet Drain, or any canal or waterway located in the city. Any lot area existing outside the setback area shall still be included in total lot coverage.

(b)

Established setback. A distance from the original platted waterfront lot line (which may vary from lot to lot within a particular district due to past development patterns, building location, and the granting of variances), as determined for any lot by first identifying the two nearest lots with principal structures on them, and second calculating the distance of principal structure to the original plat line on each of those lots.

(c)

Yard, waterfront. The minimum distance from the original platted waterfront lot line permitted in any district, which shall be 25 feet from the original platted waterfront lot line, or the established setback, whichever is greater.

(Ord. No. 301, § 28-156, 1-12-2004)